CELEX: 51982PC0266
Language: en
Date: 1982-05-11
Title: Proposal for a COUNCIL REGULATION (EEC) on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and Barbados, Belize, the People's Republic of the Congo, Fiji, the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya, the Democratic Republic of Madagascar, the Republic of Malawi, Mauritius, the Republic of Suriname, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the delivery period 1982/83#Draft COUNCIL REGULATION (EEC) fixing the guaranteed prices applicable for cane sugar originating in the overseas countries and territories (OCT) for the 1982/83 delivery period (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 266
Vol. 1982/0102
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(82 ) 266 final
                                                  Brussels , 11 May 1982
                                 Proposal for a
                           COUNCIL REGULATION ( EEC )
     on the conclusion of an Agreement in the form of an exchange
     of letters between the European Economic Community and Bar­
     bados , Belize , the People 's Republic of the Congo , Fiji , the
       Cooperative Republic of Guyana , Jamaica , the Republic of
     Kenya , the Democratic Republic of Madagascar , the Republic
     of Malawi, Mauritius , the Republic of Suriname , the Kingdom
                   \
     of Swaziland,/the United Republic of Tanzania , Trinidad and
    Iobago,    the Republprices
    r on the" guaranteed    ie of Uganda  and the
                                    for cane  sugarRepubl ic ofdelivery
                                                     for the     Zimbabwe
       j             J       period 1982/83
    H            ;              ?
                                      Draft
                           COUNCIL REGULATION ( EEC )
         fixing the guaranteed prices applicable for cane sugar
     originating in the overseas countries and territories ( OCT )
                       for the 1982 / 83 delivery period
               ( submitted to the Council by the Commission )
  C0M(82 )  266 final
 ---pagebreak---         Commission Communication to the Council on the guaranteed prices
    applicable for the 1982/83 delivery period to cane sugar originating
            in the ACP States referred to in Protocol 7 annexed to the
         Second ACP-EEC Convention of Lome and in the overseas countries
       and territories ( OCT) referred to in Council Decision 80/1186/EEC
1 . Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention of
    Lome contains the Community 's undertaking to purchase and import , at
    guaranteed prices , cane sugar which the exporting countries concerned
    cannot market in the Community at prices equivalent to or higher than
    the guaranteed prices .
2 . In Declaration 2 annexed to that Protocol , the Community undertook to
    ensure the same treatment for sugar originating in certain overseas
    countries and territories ( OCT ) as that provided for in the Protocol on
    ACP sugar .
3 . The present guaranteed prices ( 1981/82 ) apply until 30 June 1982 . The
    Commission considers that the guaranteed prices for the delivery period
    1982/83 should be negotiated quickly so that the returns guaranteed to
    ACP States for their deliveries to the Community of raw cane sugar cif
    free out is comparable with the price guaranteed to Community producers
    of raw sugar , with effect from 1 July 1982 at the earliest .
    The Commission therefore proposes that the Council should
    1 ) give its agreement to the directive contained in Annex I for
         negotiations with the countries concerned ;
    2 ) adopt , following approval of the conclusions reached during these
         negotiations , the proposal for a regulation on the conclusion of an
         agreement in the form of an exchange of letters , as set out in
         Annexes II and III ;
    3 ) adopt , pursuant to 2 , the proposal set out in Annex IV for a
         regulation fixing the guaranteed prices applicable for the 1982/83
         delivery period to cane sugar originating in the OCT referred to in
         Council Decision 80/1186/EEC .
 ---pagebreak---                                       - 2 -
                                  ANNEXES
I.    Proposal for a directive for negotiations with the ACP States
      referred to in Protocol 7 annexed to the Second ACP-EEC Convention of
      Lome on the guaranteed prices applicable to cane sugar during the
      delivery period 1982/83 .
II .  Proposal for a Council regulation on the conclusion of an agreement
      in the form of an exchange of letters between the European Economic
      Community and Barbados , Belize , the People 's Republic of the Congo ,
      Fiji , the Cooperative Republic of Guyana , Jamaica , the Republic of
      Kenya , the Democratic Republic of Madagascar , the Republic of Malawi ,
      Mauritius , the Republic of Suriname , the Kingdom of Swaziland , the
      United Republic of Tanzania , Trinidad and Tobago , the Republic of
      Uganda and the Republic of Zimbabwe on the guaranteed prices for cane
      sugar for the delivery period 1982/83 .
III . Proposal for an agreement in the form of an exchange of letters
      between the European Economic Community and Barbados , Belize , the
      People 's Republic of the Congo , Fiji , the Cooperative Republic of
      Guyana , Jamaica , the Republic of Kenya , the Democratic Republic of
      Madagascar , the Republic of Malawi , Mauritius , the Republic of
      Suriname , the Kingdom of Swaziland , the United Republic of Tanzania ,
      Trinidad and Tobago , the Republic of Uganda and the Republic of
      Zimbabwe on the guaranteed prices for cane sugar for the delivery
      period 1982/83 .
IV .  Proposal for a Council regulation fixing the guaranteed prices
      applicable for the delivery period 1982/83 to cane sugar originating
      in the overseas countries and territories ( OCT ).
 ---pagebreak---                                     ANNEX       I
                                   Proposal for a
                              NEGOGIATING BRIEF
The Council of the European Communities hereby approves the following
negotiating brief :
" The Commission , pursuant to Article 5(4 ) of Protocol 7 on ACP sugar
annexed to the Second ACP-EEC Convention of Lome ( l ), shall initiate
negotiations with the ACP States referred to in that Protocol on the
guaranteed prices provided for under that Protocol that are to apply for
the delivery period 1982/83 - It shall conduct these negotiations in
consultation with the Member States' representatives . The guaranteed
prices , cif free out , shall be negotiated in such a way that the returns
guaranteed to the ACP States for their raw cane sugar deliveries to the
Community are comparable with the price guaranteed to Community producers
of raw sugar . The prices thus negotiated shall apply at the earliest to
the start of the 1982/83 delivery period on 1 July 1982 ."
( 1 ) OJ No L 347 , 22.12.1980 , p. 1 .
 ---pagebreak---                                   ANNEX        II
                                   Proposal for
                       COUNCIL REGULATION ( EEC )
   on the conclusion of an Agreement in the form of an exchange of letters
 between the European Economic Community and Barbados , Belize , the People 's
       Republic of the Congo , Fiji , the Cooperative Republic of Guyana ,
    Jamaica , the Republic of Kenya , the Democratic Republic of Madagascar ,
          the Republic of Malawi , Mauritius , the Republic of Suriname ,
      the Kingdom of Swaziland , the United Republic of Tanzania , Trinidad
        and Tobago , the Republic of Uganda and the Republic of Zimbabwe
        on the guaranteed prices for cane sugar for the delivery period
                                      1982/83
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Protocol 7 on ACP sugar annexed to the Second ACP-EEC
Convention of Lome ( l ), hereinafter referred to as " the Protocol ", and in
particular Article 5(4 ) thereof ,
Having regard to the proposal from the Comm.issiQn ,
Whereas the Protocol , in accordance with Article l(2 ) thereof, is
implemented within the framework of the management of the common
organization of the sugar market ;
Whereas it is appropriate to approve an Agreement in the form of an
exchange of letters between the European Economic Community and the States
referred to in the Protocol, on the guaranteed prices for cane sugar for
the 1982/83 delivery period ,
HAS ADOPTED THIS REGULATION :
( 1 ) OJ No L 347 , 22.12.1980 , p. 1
 ---pagebreak---                                    Article 1
The Agreement in the form of an exchange of letters between the European
Economic Community and Barbados , Belize , the People 's Republic of the
Congo , Fiji , the Cooperative Republic of Guyana , Jamaica , the Republic of
Kenya , the Democratic Republic of Madagascar , the Republic of Malawi ,
Mauritius , the Republic of Suriname , the Kingdom of Swaziland , the United
Republic of Tanzania , Trinidad and Tobago , the Republic of Uganda and the
Republic of Zimbabwe .
The text of the said Agreement is annexed to this Regulation .
                                   Article 2
The President of the Council is hereby authorized to designate the person
empowered to sign the Agreement referred to in Article 1 in order to bind
the Community .
                                   Article 3
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                           For the Council
 ---pagebreak---                                 ANNEX        II
                                Proposal for an
                                   AGREEMENT
in the form of an exchange of letters between the European Economic
Community and Barbados , Belize , the People 's Republic of the Congo , Fiji ,
the Cooperative Republic of Guyana , Jamaica , the Republic of Kenya , the
Democratic Republic of Madagascar , the Republic of Malawi , Mauritius , the
Republic of Suriname , the Kingdom of Swaziland , the United Republic of
Tanzania , Trinidad and Tobago , the Republic of Uganda and the Republic of
Zimbabwe on the guaranteed prices for cane sugar for the delivery period
1982/83 .
                                  Letter No 1
Sir ,
The representatives of the ACP States referred to in Protocol 7 on ACP
sugar annexed to the Second ACP- EEC Convention of Lome , and of the
Commission , on behalf of the European Economic Community , have agreed
within the framework of the negotiations provided for in Article 5(4 ) of
the said Protocol , on the following :
For the delivery period 1 July 1982 to 30 June 1983 the guaranteed prices
referred to in Article 5(4 ) of the Protocol shall , for the purpose of
intervention within the terms of Article 6 of the Protocol , be :
( a ) for raw sugar , *      ECU per 100 kilograms ;
( b ) for white sugar , *      ECU per 100 kilograms .
These prices shall refer to sugar of standard quality as defined in
Community legislation , unpacked , cif free out European porta of the
Community .
Although retroactivity is not provided for in respect of the 1982/83
prices , it is agreed that this year 's decision does not prejudice the
position of the ACP States in relation to retroactivity in any future
negotiation in accordance with Article 4(3 ) of the above-mentioned
Protocol .
* The amounts indicated will take account of the outcome of the
    negotiations with the ACP States .
 ---pagebreak---                                      - 7 -
I should be obliged if you would acknowledge receipt of this letter and
confirm that this letter and your reply constitute an Agreement between
the Governments of the above-mentioned ACP States and the Community .
Please accept , Sir , the assurance of my highest consideration.
                                                      For the Council
                                                of the European Communities
                                  Letter No 2
Sir ,
I have the honour to acknowledge receipt of your letter of today which
reads as follows :
I have the honour to confirm the agreement of the Governments of the ACP
States referred to in this letter with the foregoing .
Please accept , Sir , the assurance of my highest consideration .
                                                For the Governments
 ---pagebreak---                                   ANNEX       IV
                                       Draft
                       COUNCIL REGULATION ( EEC )
      fixing the guaranteed prices applicable for cane sugar originating
        in the overseas countries and territories ( OCT ) for the 1982/83
                                  delivery period
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 136 thereof ,
Having regard to the draft Regulation submitted by the Commission ,
Whereas , in accordance with Declaration 2 contained in the Annex to
Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention of
Lome ( l ), the Community guarantees , for cane sugar originating in the
overseas countries and territories mentioned in the said Annex , the same
treatment as provided for in the said Protocol ;
Whereas Council Decision 80/1186/EEC of 16 December 1980 on the
association of the overseas countries and territories with ■ the European
Economic Community ( 2 ), embodies the application of this principle ;
whereas , in accordance with Article 4 C4 J of Annex IV to that Decision , th
guaranteed prices are fixed annually ;
Whereas the guaranteed prices valid for the 1982 /83 delivery period for
cane sugar originating in the ACP States have been fixed by an Agreement
                  an
in the form of /exchange of letters with the relevant ACP States ;    whereas
it is now necessary for the same guaranteed prices to be fixed for cane
sugar originating in the overseas countries and territories concerned ,
HAS ADOPTED THIS REGULATION :
( 1 ) OJ No L 347 , 22.12.1980 , p. 1
( 2 ) OJ No L 361 , 31.12.1980 , p. 1
 ---pagebreak---                                   Article 1
   For the delivery period from 1 July 1982 to 30 June 1983 , the
   guaranteed prices referred to in Article 4(4 ) of Annex IV to Decision
   80/1186 /EEC shall be as follows :
    ( a ) for raw sugar , *    ECU per 100 kilograms ;
    ( b ) for white sugar , *    ECU per 100 kilograms .
   These prices shall refer to sugar of standard quality as defined in
   Community legislation , unpacked , cif free out European ports of the
   Community .
                                  Article 2
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities .
It shall apply with effect from 1 July 1982 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                         For the Council
* The amounts will be fixed in the light of the outcome of negotiations
  with the ACP States .
 ---pagebreak---                                       - 10 -
                              Financial implications
There are no financial implications other than those already taken into
account within the framework of the agricultural price proposals for
1982/83 ( doc . COM ( 82 ) 10 final - vol.11 of 1 February 1982 ).