CELEX: 
Language: en
Date: 1975-10-17 00:00:00
Title: Council Decision of 25 February 1975 on the conclusion of Agreements on cane sugar, in the form of exchanges of letters, between the Community and Barbados, the People's Republic of the Congo, Fiji, the Republic of Guyana, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, Mauritius, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, and the Republic of Uganda #Agreements on cane sugar, in the form of exchanges of letters, between the Community and Barbados, the People's Republic of the Congo, Fiji, the Republic of Guyana, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, Mauritius, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda, signed at Lomé on 28 February 1975 #Protocol No 3 on ACP sugar

No L 268 / 38                        Official Journal of the European Communities                            17 . 10 . 75
                                                             II
                                         (Acts whose publication is not obligatory)
                                                    COUNCIL
                                                 COUNCIL DECISION
                                                   of 25 February 1975
              on the conclusion of Agreements on cane sugar, in the form of exchanges of
              letters , between the Community and Barbados, the People's Republic of the
              Congo, Fiji, the Republic of Guyana, Jamaica, the Republic of Kenya, the Repu­
              blic of Madagascar, the Republic of Malawi, Mauritius, the Kingdom of Swazi­
              land, the United Republic of Tanzania, Trinidad and Tobago, and the Republic
                                                        of Uganda
                                                       (75/61 3/ EEC)
THE COUNCIL OF THE EUROPEAN                                       HAS DECIDED AS FOLLOWS :
COMMUNITIES,                                                                             Article 1
Having regard to the Treaty establishing the European             Agreements on cane sugar in the form of exchanges
Economic Community, and in particular Article 113                 of letters between the Community and Barbados, the
thereof ;                                                         People's Republic of the Congo, Fiji, the Republic of
Having regard to the recommendation from the                      Guyana, Jamaica, the Republic of Kenya, the Repu­
Commission ;                                                      blic of Madagascar, the Republic of Malawi, Mauritius,
                                                                  the Kingdom of Swaziland, the United Republic of
Whereas the convention between the European                       Tanzania, Trinidad, Tobago and the Republic of
Economic Community and the ACP States is to be                    Uganda are concluded on behalf of the Community.
signed on 28 February 1975 at Lome ; whereas a                    The texts of these Agreements are annexed to this
Protocol on cane sugar originating in the ACP States              Decision .
that produce and export cane sugar, that is to say
Barbados, the People's Republic of the Congo, Fiji,                                      Article 2
the Republic of Guyana, Jamaica, the Republic of                  The President of the Council is authorized to desig­
Kenya, the Republic of Madagascar, the Republic of                nate the person empowered to sign the Agreements
Malawi , Mauritius, the Kingdom of Swaziland, the                 referred to in Article 1 and to confer on him the
United Republic of Tanzania, Trinidad and Tobago                  powers required in order to bind the Community.
and the Republic of Uganda (') is an integral part of
the aforementioned Convention ;
                                                                  Done at Brussels, 25 February 1975.
Whereas it is desirable , pending the entry into force
                                                                                              For the Council
of the convention , for the Community and the above­
mentioned states to agree, by means of Agreements in                                           The President
the form of exchanges of letters, to apply the arrange­
 ments laid down in this Protocol ,                                                           G. FITZGERALD
(') See p. 41 of this Official Journal .
 ---documentbreak--- 17 . 10 . 75                        Official Journal of the European Communities                      No L 268 / 39
                                        AGREEMENTS ON CANE SUGAR
             in the form of exchanges of letters, between the Community and Barbados, the
             People's Republic of the Congo, Fiji, the Republic of Guyana, Jamaica, the Repu­
             blic of Kenya, the Republic of Madagascar, the Republic of Malawi , Mauritius,
             the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and
                  Tobago, the Republic of Uganda, signed at Lome on 28 February 1975
                                                                                Lome, 28 February 1975
             Sir,
             On the occasion of the signing of the Convention of Lome between the European
             Economic Community and the ACP States on 28 February 1975, the Community and
             Barbados, the People's Republic of the Congo, Fiji, the Republic of Guyana, Jamaica, the
             Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, Mauritius, the
             Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Repu­
             blic of Uganda have agreed as follows : from 28 February 1975 until the date of the entry
             into force of the Convention of Lome and at the latest until 30 June 1976, the provisions
             of the Protocol on sugar from the ACP States annexed to the said Convention shall be
             applied .
             I should be obliged if you would kindly acknowledge receipt of this letter and confirm
             that this letter, together with your reply, constitutes an Agreement between your Govern­
             ment and the Community.
             Kindly accept, Sir, the assurance of my highest consideration .
                                                                           For the Council
                                                                    of the European Communities
 ---pagebreak--- No L 268 /40                      Official Journal of the European Communities                                  17 . 10 . 75
                                                                                  Lome, 28 February 1975
           Your Excellency,
            I have the honour to acknowledge receipt of your letter of this day which reads as
            follows :
                  'On the occasion of the signing of the Convention of Lome between the European
                   Economic Community and the ACP States on 28 February 1975, the Community
                  and Barbados, the People's Republic of the Congo, Fiji, the Republic of Guyana,
                  Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of
                  Malawi, Mauritius, the Kingdom of Swaziland, the United Republic of Tanzania,
                  Trinidad and Tobago, the Republic of Uganda have agreed as follows : from 28
                   February 1975 until the date of the entry into force of the Convention of Lome and
                  at the latest until 30 June 1976, the provisions of the Protocol on sugar from the
                  ACP States annexed to the said Convention shall be applied .
            I should be obliged if you would kindly acknowledge receipt of this letter and confirm
            that this letter, together with your reply, constitutes an Agreement between your Govern­
            ment and the Community.'
            I have the honour to confirm the agreement of my Government with the foregoing.
            Please accept, Your Excellency, the assurance of my highest consideration .
                                                                          For the Government
                                                                              of Barbaos (')
             (') A similar exchange of letters took place mutatis mutandis between the Community and the
                 following ACP States : The People s Republic of the Congo, Fiji, the Republic of Guyana,
                 Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, Mauritius,
                 the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic
                 of Uganda .
 ---documentbreak--- NA ---documentbreak--- 17. 10 . 75                         Official Journal of the European Communities                           No L 268 /41
                                                   PROTOCOL No 3
                                                      on ACP sugar
                (annexed to the ACP-EEC Convention of Lome signed on 28 February 1975)
                         Article 1                            3.     Nevertheless, in respect of the period up to 30
                                                              June 1975, the agreed quantities, expressed in metric
 1 . The Community undertakes for an indefinite               tons of white sugar, shall be as follows :
period to purchase and import, at guaranteed prices,
specific quantities of cane sugar, raw or white, which              Barbados                                29 600
originate in the ACP states and which these states                  Fiji                                    25  600
undertake to deliver to it .                                        Guyana                                  29  600
                                                                   Jamaica                                   83 800
2. The safeguard clause in Article 10 of the conven­                Madagascar                                2 000
                                                                    Mauritius                               65  300
tion shall not apply. The implementation of this
Protocol is carried out within the framework of the                 Swaziland                                19 700
management of the common organization of the sugar                  Trinidad and Tobago                      54 200
market which , however, shall in no way prejudice the
commitment of the Community under paragraph 1 .
                                                                                      Article 4
                         Article 2
                                                               1.    In each 12-month period from 1 July to 30 June
                                                              inclusive, hereinafter referred to as the 'delivery
1.    Without prejudice to Article 7, no change in this       period', the sugar-exporting ACP states undertake to
Protocol may enter into force until a period of five          deliver the quantities referred to in Article 3 ( 1 ),
years has elapsed from the date on which the conven­          subject to any adjustments resulting from the applica­
tion enters into force . Thereafter, such changes as may      tion of Article 7. A similar undertaking shall apply
be agreed upon will come into force at a time to be           equally to the quantities referred to in Article 3 (3) in
agreed .                                                      respect of the period up to 30 June 1975, which shall
                                                              also be regarded as a delivery period .
2.    The conditions for implementing the guarantee
referred to in Article 1 shall be re-examined before
the end of the seventh year of their application .            2. The quantities to be delivered up to 30 June
                                                               1975, referred to in Article 3 (3), shall include supply
                                                              en route from port of shipment or, in the case of land­
                                                              locked states across frontier .
                         Article 3
1 . Quantities of cane sugar referred to in Article 1 ,       3.     Deliveries of ACP cane sugar in the period up to
expressed in metric tons of white sugar, hereinafter          30 June 1975 shall benefit from the guaranteed prices
referred to as ' agreed quantities', for delivery in each     applicable in the delivery period beginning 1 July
12-month period referred to in Article 4 ( 1 ), shall be       1975 . Identical arrangements may be made for
as follows :                                                  subsequent delivery periods.
      Barbados                                 49 300
      Fiji                                   163 600
                                                                                      Article 5
     Guyana                                  157 700
     Jamaica                                 118 300
      Kenya                                     5 000          1.    White or raw cane sugar shall be marketed on
     Madagascar                                10 000         the Community market at prices freely negotiated
     Malawi                                    20 000         between buyers and sellers .
      Mauritius                              487  200
      People's Republic of the Congo           10 000         2. The Community shall not intervene if and when
     Swaziland                               1 16 400         a Member State allows selling prices within its borders
     Tanzania                                  10 000         to exceed the Community's threshold price .
     Trinidad and Tobago                       69 000
      Uganda                                    5 000         3 . The Community undertakes to purchase, at the
                                                              guaranteed price, quantities of white or raw sugar,
2.    Subject to Article 7, these quantities cannot be        within agreed quantities, which cannot be marketed
reduced without the consent of the individual states          in the Community at a price equivalent to or in
concerned .                                                   excess of the guaranteed price.
 ---pagebreak--- No L 268 /42                            Official Journal of the European Communities                                     17 . 10 . 75
4. The guaranteed price, expressed in units of                        ered quantity shall be re-allocated between the other
account, shall refer to unpacked sugar, cif European                  states which are referred to in Article 3 . Such realloca­
ports of the Community, and shall be fixed in respect                 tion shall be made in consultation with the states
of standard quality sugar. It shall be negotiated annu­               concerned .
ally, within the price range obtaining in the Commu­
nity, taking into account all relevant economic factors,                                         Article 8
and shall be decided at the latest by 1 May immedi­
ately preceding the delivery period to which it will                  1 . At the request of one or more of the states
apply.                                                                supplying sugar under the terms of this Protocol , or of
                                                                      the Community, consultations relating to all measures
                            Article 6                                 necessary for the application of this Protocol shall
                                                                      take place within an appropriate institutional frame­
Purchase at the guaranteed price, referred to in Article              work to be adopted by the Contracting Parties . For
5 (3), shall be assured through the medium of the                     this purpose the Institutions established by the
intervention agencies or of other agents appointed by                 convention may be used during the period of applica­
the Community.                                                        tion of the convention .
                            Article 7                                 2.     In the event of the convention ceasing to be
                                                                      operative, the sugar-supplying states referred to in
1.     If, during any delivery period, a sugar-exporting              paragraph 1 and the Community shall adopt the
ACP state fails to deliver its agreed quantity in full for            appropriate institutional provisions to ensure the con­
reasons of force majeure the Commission shall, at the                 tinued application of the provisions of this Protocol .
request of the state concerned, allow the necessary
additional period for delivery.                                       3 . The periodical reviews provided for under this
                                                                      Protocol shall take place within the agreed institu­
2.     If a sugar-exporting ACP state informs the                     tional framework .
Commission during the course of a delivery period
that it will be unable to deliver its agreed quantity in                                         Article 9
full and that it does not wish to have the additional
period referred to in paragraph 1 , the shortfall shall be            Special types of sugar traditionally delivered to
re-allocated by the Commission for delivery during                    Member States by certain sugar-exporting ACP states
the delivery period in question . Such re-allocation                  shall be included in , and treated on the same basis as ,
shall be made by the Commission after consultation                    the quantities referred to in Article 3 .
with the states concerned .
3.     If, during any delivery period, a sugar-exporting                                        Article 10
ACP state fails to deliver its agreed quantity in full for
reasons other than force majeure, that quantity shall                 The provisions of this Protocol shall remain in force
be reduced in respect of each subsequent delivery                     after the date specified in Article 91 of the conven­
period by the undelivered quantity.                                   tion . After that date the Protocol may be denounced
                                                                      by the Community with respect to each ACP state
4.     It may be decided by the Commission that in                    and by each ACP state with respect to the Commu­
respect of subsequent delivery periods, the undeliv­                   nity, subject to two years' notice.
                                                              ANNEX
                For the period from 1 February 1975 to 30 June 1976, and in respect of the quantities specified in
                Protocol No 3 , the guaranteed prices referred to in Article 5 (4) of the Protocol shall be as follows :
                (a ) for raw sugar, 25 53 units of account per 100 kilogrammes ;
                (b) for white sugar, 31-72 units of account per 100 kilogrammes.
                These prices shall refer to sugar of standard quality as defined in Community rules, unpacked cif
                European ports of the Community .