CELEX: 51975PC0058
Language: en
Date: 1975-02-18 00:00:00
Title: RECOMMENDATION FOR A DECISION on the conclusion of agreements concerning cane sugar in the form of exchanges of letters between the European Economic Community and Barbados, the Peoples 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#RECOMMANDATION FOR A DECISION OF THE COUNCIL concerning the importation of cane sugar originating in the overseas countries and territories (OCT) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 58
Vol. 1975/0021
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 ---pagebreak--- COMMISSION CF THE EUROFEAN COMMUNITIES
                                                            COM(75)58   final
                                                            Brussels , 18 February 1975
                             RECOMMENDATION FOR A DECISION
      Oil the conclusion of agreements concerning cane sugar in the form of
       exchanges of letters between the European Economic Community and
       Barbados , the Peoples 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
                                 RECOMMANDATION FOR A
                                DECISION OF THE COUNCIL
               concerning the importation of cane sugar originating
                 in the overseas countries and territories ( OCT)
                    ( submitted to the Council by the Commission)
  COM 75 ) 50 final
 ---pagebreak---             C Om^WICATI CIT FROM THE COMMISSION TO THE COUNCIL
          concerning the introduction of transitional measures
          in respect of cane sugar originating in the African ,
              Caribbean and Pacific States ( ACP) and in the
               overseas countries and territories ( OCT).
The negotiations between the EEC and the ACP States resulted in an agreement
on the texts comprising the new Convention, including the Protocol on cane
sugar originating in the ACP States which produce and export cane sugar ,
These texts include a declaration by the Connronity that it' will adopt
measures analogous with those in the aforementioned Protocol in respect
of the OCT *   The Convention is expected to be signed at the end of February
1975 »
Pending the entry into force of the Convention it is necessary to provide ,
both for the Community and for the ACP States covered by the Protocol
concerning sugar , the appropriate legal framework for the application of
the measures necessary to fulfil the reciprocal engagements that were the
subject of the negotiations .
As commercial transactions are already in hand in respect of the quantities
to be shipped before 30 June 1975 i"t is necessary that the legal framework
under which they are carried out be introduced as soon as possible .
To this end , the Commission proposes to the Council that interim  agreements ,
valid until the entry into force of the new Convention , and at the latest
until 30 June 197^t should be concluded in the form of an exchange of letters
between the Community , and the ACP States concerned .
The Commission also considers it necessary that the Council should adopt
a decision that an arrangement , similar to that in the aforementioned
ex charge of letters , be made in order to guarantee imports of cane sugar
from the OCT .
 ---pagebreak--- Annexes to this communication :
  I ) Recommendation for a decision of the Council of the European Communities
      concerning' the conclusion of interim agreements , relative to cane sugar
      originating in the ACP States , in the form of an exchange of letters
      between the Community and the latter .
 Il ) Draft of exchanges of letters .
Ill ) Recommendation for a decision of the Council concerning the importation
      of cane sugar originating in the OCT ,
This procedure implies contacts "between the ACP States who produce and export
cane sugar , to know their procedural methods .
 ---pagebreak---                                                                        Annex I
                          RECGMMETNI3ATI ON FOR A DECISION
on the conclusion of agreements concerning cane sugar m the form of exchanges
of letters between the European Economic Community and Barbados , the Peoples
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 .
THE COUNCIL OF THE 'EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community and
in particular Article 113 thereof ;
Having regard to the recommendation from the Commission ;
Whereas the Convention between the European Economic Community and the ACP
States was signed the            at Lome j that a Protocol concerning cane sugar
originating in the ACP States that produce and export cane sugar , that is to
say Barbados , the Peoples Republic of the Congo , Fiji , the Republic of Guyana ,
Jamaica , the Republic of Kenya, the Republic of Madagascar , the Republic of
Ilalaui , Mauritius , the Kingdom of Swaziland , the United Republic of Tanzania ,
Trinidad and Tobago , and the Republic of Uganda is        an integral part of the
aforementioned Convention ;
Whereas it is desirable , pending the entry into force of the Convention, for
the Community now to undertake the purchase and import , at guaranteed prices ,
of the quantities of cane sugar which the aforementioned ACP States undertake
to deliver r
HAS DSCIDSD :
                                      Article 1
             The agreements concerning cane sugar in the form of exchanges of
letters between the European Economic Community and Barbados , the Peoples
Republic of the Congo , Fiji , the Republic of Guyana , Jamaica , the Republic of
Kenya , the Republic of Madagascar , the Republic of Malawi , Mauritius , the
 ---pagebreak---                                        - 2 -
Kingdom of Swaziland , the United Republic of Tanzania , Trinidad , Tobago and
the Republic of Uganda are concluded ' on Trehalf of the European Economic
Community . The . texts of these agreements are annexed to this Decision .
                                     Article 2
             The President of the Council is authorized to designate the person
empowered to sign the agreements in the form of exchanges of letters mentioned
in Article 1 and to confer on him the powers required in order to bind the
Community .   <
Done at                                         For the Council
                                                The Président
 ---pagebreak---                                                                         Annex II
                               DRAFT OF AH AGREEMENT
                 m the form of an exchange of letters concerning
                    cane sugar originating in the ACP States .
A) Letter to the Government of Barbados , the Peoples Republic of the Congo .
   Fi.ii ... the Republic of Guyana . Jamaica , the Republic of Kenya , the Repu­
   blic of Madagascar , the Republic of Malawi , Mauritius , the Kingdom of
   Swaziland , the United Republic of Tanzania . Trinidad and Tobago , the
   Republic of Uganda .
                                                      •
   Mr . '                                             -
          Upon the signature of the Convention of Lome between the EEC and the
   ACP States the               the Community and Barbados , the Peoples 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 Tobagjb ,
   the Republic of Uganda have agreed as follows : from 15'        February 1975
   until the date of the entry into force of the Convention of Lome and at the
   latest until 3C       June 1976 , "the dispositions of the Protocol on sugar from
   the ACP States annexed to the aforementioned Convention shall be applied .
          I shall be obliged if you would kindly acknowledge receipt of this letter
   and confirm the agreement of your Government with its contents .
          Please accept , Mr.           the assurance of my highest consideration .
                                                      On behalf of the Council ,
 ---pagebreak--- B ) Letter to
    Mr          '
        I have the honour to acknowledge receipt of your letter of this day
    which stated
        Il             II              • '                   *
        I have the honour to confirm the agreement of ......... with the
    forego mg .
                                     (
        Please accept , Iir . ....... the assurance of my highest consideration .
 ---pagebreak---                                                                          Aroiex III
                                     R3C0! MEKDATl PIT FOR A
                             -   • DECISION OP THE COUNCIL
                           • . .     . . »'
                        concerning the importation of cane sugar
             originating in the overseas countries and territories ( OCT).
   THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
   Having regard to the Treaty establishing the European Economic Community, and
   in particular Article 136 thereof ;
   Having regard to the recommendation from tne Commission 5
   Whereas it is desirable to provide in respect of cane sugar originating in the
   overseas countries and territories arrangement s analogous with those contained
:' iri interim Agreements with certain AC P States concerning sugar :
   HAS EECI33ED THIS DECISION -:          ::
                                             Article 1
   1 . The European Economic Community shall purchase and import , at guaranteed prices
       specific quantities of cane sugar , raw or white , originating in the overseas
       countries and territories ( OCT) which the OCT deliver to it .
   2 . The implementation of this Decision shall be carried out within the framework
       of the management of the common organisation of the sugar market .
                                             Article 2
   1 . The quantities of cane sugar referred to in Article 1 , expressed in metric
       tons of white sugar , hereinafter referred to as " specified quantities", for
       delivery in each twelve-month period referred to in Article 3 ( l ), shall be
       as follows :
                    Belize
                    St. Kitts - Nevis - Anguilla         ..........
                    Surinam
 ---pagebreak---                                        - 2 -
2 . Nevertheless , in respect of the period up to 30 June 1975 "the specified
    quantities , expressed in metric tons of white sugar , shall be as follows   ;>
                 Belize
                 St. Kitts - Nevis - Ahguilla
                 Surinam
                                     Article 3
1 . In each twelve-month period from 1 July to ^30 June inclusive, hereinafter
    referred to as the " delivery period", the OCT sugar exporters shall deliver
    the quantities referred to in Article 2 ( l ), subject always to any adjustment
    resulting from the application of Article 6 .   They shall also deliver the
    quantities referred to in Article 2 ( 2 ) in the period up to 30 June 1975 »
    which shall also be regarded as a delivery period .
2 . The 'quantities to be delivered up to 30 June 1975 * referred to in Article 2 (
    shall include supply en route from port of shipment or , in the case of land­
    locked countries ,, across the frontier .
3 . Deliveries of OCT cane sugar in the period up to 30 June 1975 shall benefit
    from the guaranteed prices applicable in the delivery period beginning 1 July
    1975 * Identical arrangements may be made for subsequent delivery periods .
                                      Article 4
1 . The white or raw cane su^ar shall be marketed on the Community market at
    prices freely negotiated between buyers and sellers .   '
2 . The Community shall not intervene if and when a Member State allows selling
    prices within its borders to exceed the Community 's threshold price .
                                                                  •••/•+•
 ---pagebreak---  3 . The Community shall purohase , at the guaranteed price , quantities of
     white or raw sugar , within specified, quantities , which cannot be mar­
     keted in the Community at a price equivalent to or in excess of the
      guaranteed price .
4. The guaranteed price , expressed in units of account , shall refer to un­
     packed sugar , cif European ports of the Community , and shall "be fixed in
     respect of standard quality sugar .
5 . For the period from 1 February 1975 "to 30 June 1976 inclusive the gua­
     ranteed prices 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 apply to unpacked sugar,' cif European 'ports of the
     Community,' and are fixed in respect of standard quality sugar as defi­
     ned in Community regulations .
                                    Article 5
               . Purchase at the guaranteed price , referred to in Article 4 ( 3),
shall be assured : through the medium of the intervention agencies or of
other agents appointed by the Community.
                                    Article 6
1 . If, during any delivery periods , an OCT exporter of sugar fails to deli­
     ver its specified quantity in full for reasons of force ma.jeure , the
     Commission , at the request of the Member State with which the OCT con­
     cerned has special relations , shall allow the necessary additional pe­
     riod for delivery.
2 . If an OCT exporter of sugar informs the Commission during the course of
     a delivery period that it will be unable to deliver its specified quan­
     tity in full and that it does not wish to have the additional period
    referred to in paragraph 1 above - the shortfall shall be re-allocated
    by the Commission for delivery during the delivery period in question .
 ---pagebreak---                                       - 4 -
3 . If during any   delivery period , an OCT sugar exporter fails to deliver
    its specified   quantity in full for reasons other than force majeure ,
    that quantity   shall be reduced in respect of each subsequent delivery
    period by the   undelivered quantity.' :                       , 1
4. It may be decided by the Commission that in respect of subsequent de­
    livery periods , the undelivered quantity shall be re-all ooated between
    the other OCT referred to in Article 2 .
                                   Article 7
                The provisions of this Decision shall enter into force on
15 February 1975 * They shall continue to apply up to the date on which
the future Decision of the Council enters into force concerning the Asso­
ciation of OCT.irith the European Economic Community , and not later than
30 June. 1976 .. If the future Decision enters into force before 30 June
1976 , appropriate measures shall be teken to ensure the application up
to 30 'June 1976 of the guaranteed price laid down in Article 4 ( 5)*
Done at                                         For the Coùncil
                                                The Président