CELEX: 51995PC0041
Language: en
Date: 1995-02-22
Title: Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters between the European Communities and Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, Republic of the Ivory Coast, Jamaïca, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, Mauritius, the Republic of Surinam, St. Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda, the Republic of Zimbabwe and the Republic of Zambia on the accession of the latter country to Protocol No 8 on ACP sugar annexed to the Fourth ACP-EEC Convention

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(95) 41 final ;
                                                 Brussels, 22.02.1'995
                                                 95/0033 (ACC)
                                 Proposal for a
                                COUNCIL DECISION
  on the conclusion of an Agreement in the form of an exchange of letters
            between the European Communities and Barbados, Belize,
    the Republic of the Congo, Fiji, the Cooperative Republic of Guyana,
         Republic of the Ivory Coast, Jamaica, the Republic of Kenya,
        the Republic of Madagascar, the Republic of Malawi, Mauritius,
              the Republic of Surinam, St. Christopher and Nevis,
          the Kingdom of Swaziland, the United Republic of Tanzania,
   Trinidad and Tobago, the Republic of Uganda, the Republic of Zimbabwe
      and the Republic of Zambia on the accession of the latter country
  to Protocol No 8 on ACP sugar annexed to the Fourth ACP-EEC convention
                          (presented by the Commission)
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
1.    A joint declaration, annexed to Protocol 8 on ACP sugar, itself annexed
      to the Fourth ACP-EEC Convention of Lomé, concerning possible requests
      for participation in the provisions of that Protocol states :
      "Any request from an ACP State contracting party to the Convention not
      specifically referred to in Protocol 3 to participate in the provisions
      of that Protocol shall be examined.«
2.    Zambia requested by letter of 23 January 1987 its participation to that
      Protocol. The Community, by letter of 25 October 1988, agreed that
      Zambia could become signatory to the Protocol with a O agreed quantity,
      under the condition that a technical examination should establish the
      capacity of the applicant country to fulfill on a permanent basis the
      obligations imposed by the Protocol in regard to agreed quantities and
      that the new signatory would be eligible to benefit from future re-
      allocation under Article 7(4) of that Protocol.
      The ACP accepted this position also with a letter dated 14 November
      1989.               •                                         r,
3.    A technical examination was carried out by the Commission in July 1990
      which resulted in the community position that it could not agree for
      the time being to Zambia's participating in the sugar Protocol, but
      that it would be prepared to resume examining this application should
      any change in the situation justify doing so (letter of 23.7.1991).
4.    Zambia requested by letter of 18.11.1993 to carry out a further
      technical examination of Zambia's sugar industry to establish its
      capability to fulfill the above-mentioned obligations.
5.    This examination was carried out by the Commission in June 1994.
      The conclusion to be drawn is that production has been stabilized at
      150.000 t and consumption has been established at a level of about
      85.000 to 90.000 t so that after serving the regional exports, a
      surplus of up to 30.000 t will be available on a permanent basis to
      export to the community or the world market.
Recommendation
6.    The European Community could therefore now agree to Zambia's accession
      to the Sugar Protocol.
      Accordingly, the commission recommanda the council :
       (i) to agree that Zambia should be included in Article 3(1) of the
           Sugar Protocol with effect from 1 January 1995 with an agreed
           quantity of 0 ton;
     (ii) to approve the attached draft decision on the conclusion of an
           agreement^ in the form of an exchange of letters between the
           European community, the ACP states concerned and Zambia.
7.    Financial implications : the proposals set out above would be
      implemented within the framework of the management of the Common
    _ organization of the sugar markets and would not therefore, give rise to
      additional expenditure.                          ^
 ---pagebreak---                                 COUNCIL DECISION
                             Of
  on the conclusion of an Agreement in the form of an exchange of letters
            between the European Communities and Barbados, Belize,
     the Republic of the Congo, Fiji, the Cooperative Republic of Guyana,
         Republic of the Ivory Coast, Jamaica, the Republic of Kenya,
        the Republic of Madagascar, the Republic of Malawi, Mauritius,
              the Republic of Surinam, St. Christopher and Nevis,
          the Kingdom of Swaziland, the United Republic of Tanzania,
    Trinidad and Tobago, the Republic of Uganda, the Republic of Zimbabwe
      and the Republic of Zambia on the accession of the latter country
   to Protocol No 8 on ACP sugar annexed to the Fourth ACP-EEC Convention
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 113 thereof,
Having regard to the proposal from the commission,
Whereas the Joint Declaration annexed to Protocol 8 on ACP sugar to the
Fourth ACP-EEC Convention (1) provides that any request from an ACP State
Contracting Party to the Convention not specifically referred to in that
Protocol to participate in its provisions shall be examined;
Whereas the Republic of Zambia is an ACP State Contracting Party to the
said   Convention;   whereas  Zambia  has  requested  to participate  in  the
provisions of the said Protocol;
Whereas the ACP States concerned, in a letter of 14 November 19 89, have
signified their assent to the accession of Zambia to the said Protocol;
Whereas   it is appropriate to approve      an Agreement in the   form of an
exchange of letters between the European Community, the States referred to
in the said Protocol and the Republic of Zambia on the accession of the
latter country to the said Protocol,
(1)    O.J. No 229, 17.8.1991, p. 1
                                                                              V\
 ---pagebreak--- HAS ADOPTED THIS DECISION :
                                 Article 1
An Agreement in the form of an exchange of letters between the European
Community and Barbados, Belize, the     Republic of the Congo, Fiji, the
Cooperative Republic of Guyana, the Republic of the Ivory Coast,' Jamaïca,
the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi,
Mauritius, the Republic of Surinam, St. Christopher and Nevis, the Kingdom
of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the
Republic of Uganda, the Republic of Zimbabwe, and the Republic of Zambia on
the accession of the latter country to Protocol 8 on ACP sugar annexed to
the Fourth ACP-EEC Convention is hereby approved on behalf of the European
Community.  The text of the Agreement is attached to this Decision.
                                 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 European Community.
                                 Article 3           , •/
This Decision shall be published in the Official Journal of the European
Communities.  This Decision is addressed to the Member states.
Done at......                                         For the Council
                                                       The President,
 ---pagebreak---                                   AGREEMENT
in the form of an exchange of letters between the European Community and
Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic
of Guyana, Jamaïca, the Republic of Kenya, the Republic of Madagascar, the
Republic of Malawi, Mauritius, the Republic of Surinam, St. Christopher and
Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad
 and Tobago, the Republic of Uganda, the Republic of Zimbabwe and the
 Republic of Zambia on the accession of the latter country to Protocol No 8
 on ACP sugar annexed to the Fourth ACP-EEC Convention.
                                 Letter No 1
Sir,
         The ACP States referred to in Protocol 8 on ACP sugar annexed to
the Fourth ACP-EEC Convention, the Republic of Zambia and the European
Community have agreed on the following.
         The Republic of Zambia is hereby included in Article 3(1) of the
said Protocol with effect from 1 January 1995 with an agreed quantity of
0 ton.
         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 abovementioned ACP states and the European
Community.
         Please accept, Sir, the assurance of my highest consideration.
                                             On behalf of the Council
                                             of the European Union
                                 Letter No 2
Sir,
I have the honour to acknowledge receipt of your letter of today's date
which reads as follows :
•*       The ACP States referred to in Protocol 8 on ACP sugar annexed to
the Fourth ACP-EEC Convention, the Republic of Zambia and the European
Community have agreed on the following.
         The Republic of Zambia is hereby included in Article 3(1) of the
said Protocol with effect from 1 January 1995 with an agreed quantity of
0 ton.
         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 abovementioned ACP States and the European
Community. "
1 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---          FINANCIAL STATEMEFff
I 1.     BUDGET HEADING:                                                                  APPROPRIATIONS:
         TITLE:
         Draft Decision concerning an agreement relating to accession of Zambia to Protocol No 8 on ACP sugar
         LEGAL BASIS-
         EEC Treaty, Article I B
  4.     AIMS:
         Recommend the Council to agree to accession of Zambia without any increase in the total quantities of sugar specified
         in the Protocol
         FINANCIAL IMPLICATIONS                                 PERIOD OF 12               CURRENT               FOLLOWING
                                                                   MONTHS                  FINANCIAL              FINANCIAL
                                                                                              YEAR                   YEAR
                                                                                                (95)                   (96)
                                                                 (ECU million)            (ECU million)          (ECU million)
  5.0.   EXPENDITURE
         - CHARGED TO THE EC BUDGET
           (REFUNDS/INTERVENTION)
         - NATIONAL AUTHORITIES
         -OTHER               1
  5.1.   REVENUE
         - OWN RESOURCES OF THE EC
           (LEVIES/CUSTOMS DUTIES)
         -NATIONAL
                                                                   1997              1998                1999            2000
  5.0.1. ESTIMATED EXPENDITURE
  5,1.1. ESTIMATED REVENUE
  5.2.   METHOD OF CALCULATION:
  6.0.   CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT
          CHAPTER OF THE CURRENT BUDGET?                                                                                YES/NO
  6.1.   CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT
          BUDGET?                                                                                                       YES/NO
  6.2.    WILL A SUPPLEMENTARY BUDGET BE NECESSARY?                                                                    YES/NO
  6.3.    WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                               YES/NO
  OBSERVATIONS       Since this accession is envisaged without any increase in the initial preferential sugar import commitments
                     (ACP + India),there are noi direct budgetary implications.
                                                                                                                           -""~"N
                                                                                                                            (o
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 ---pagebreak---                                                                     ISSN 0254-1475
                                                               COM<?5) 41 final
                                             DOCUMENTS
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