CELEX: 51982PC0206
Language: en
Date: 1982-04-15
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, 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, and the Republic of Uganda on the accession of the Republic of Zimbabwe to Protocol 7 on ACP sugar annexed to the second ACP-EEC Convention of Lomé#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, 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, and the Republic of Uganda on the accession of Belize to Protocol 7 on ACP sugar annexed to the second ACP-EEC Convention of Lomé (submitted to the Council by the Commission)

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COM (82) 206
Vol. 1982/0087
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(82)206 final
                                                        Brussels , 15 April 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 Barbados , 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 , and the Republic of
Uganda on the accession of the Republic of Zimbabwe to Protocol 7 on ACP
       sugar annexed to the second ACP-EEC Convention of Lomé
                            ^ - Proposal for a
              m          COUNCIL.
                         o
                         c-
                            COUNCIL REGULATION ( EEC )
                                     r -., : - ;
on the conclusion of .an Agreement tri the form of an exchange of letters
                   \                       ,*■   7
between the European Economic Community and Barbados, the People 's Republic
                v'    •.                    ■ .•
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 , and the Republic of
Uganda on the accession of Belize to Protocol 7 on ACP sugar annexed to the
                     second ACP-EEC Convention of Lomé
            ( submitted to the Council by the Commission )
C0M(82 ) 206 final
 ---pagebreak---                             r*
                                                       Grwv 2-o£                       j
                            EXPLANATORY MEMORANDUM
 1.    The agreement embodying the adhesion of the Republic of Zimbabwe to the
        second ACP-EEC Convention signed at Lom6 on 31 October 1979 entered intc
        force on 1st March 1982 .
       The adhesion agreement Lays down in its annex 3 that :
       - Zimbabwe should benefit from the granting of a quantity of 25 000 tonnes
           ( white equivalent ) of sugar per year ;
       - this country should become a member of the ACP Sugar Protocol ;
       - immediately after Zimbabwe 's adhesion to tf\e second ACP-EEC Convention , and
          at the latest six months thereafter , Zimbabwe and the Commission shall
          meet with a view to determining by common agreement the timetable of the
          quantities to be delivered in order to reach the quantity of 25 000 tonnei ;
    %
      - the government of Zimbabwe , in accepting the text of paragraph 1 , expects
          the first supplies of 25 000 tonnes of sugar per year will take place
          during the delivery period 1982 / 1983 .
                                                                         v
      - for its part , the Community confirms that it will take the necessary steps
          to ensure that the objective of the 25 000 tonnes will be reached as soon
          as possible and guarantees that , starting from the delivery period
          1982 / 1983 , the price conditions provided for in the ACP Sug.ar Protocol will
         be applied to an annual quantity of 25 000 tonnes of sugar originating in
          Zimbabwe .
In applying the above-mentioned agreement , the Community should now conclude
an agreement with those ACP States who have contracted rights and obligations
within the framework of Protocol 7 annexed to the second Lome Convention , via
an exchange of letters with a view to including Zimbabwe in the list of countries
listed in Article 3 ( 1 ) with an agreed quantity of 25 000 tonnes        as from
1st July 1982 and in respect of the period up to 30 June 1982 , with an agreed
quantity of 6 000 tonnes .
In a letter of 15 March 1982 , the ACP states concerned signified their agreement
to the adhesion of Zimbabwe to the said Protoco.l .
(1 ) 0J No . L 24, 30.1.82, p. 15 .
 ---pagebreak---                                    -2-
 2.    Under Article 2 of Annex IV of the Council Decision of 16 December 1980
       associating the overseas countries and territories with the European
       European Economic Community ( 1 ), Belize benefits from a regime similar to
       that of the ACP Sugar Protocol .
       This country gained independence on 21.9.1981 and asked for adhesion
       to the Second Lom6 Convention in accordance with article 185 thereof .
       The Annex to Protocol 7 of the ACP-CEE Lom6 Convention records the
       undertaking contained in the above mentioned Council decision for a
       quantity of 39 400 tonnes ( white value ) of sugar per year for Belize .
      Accordingly, the Community should now also conclude an agreement with the
      ACP States mentioned under 1 via an exchange of letters with a view to .
  S transferring Belize from the overseas countries and territories regime
      to the Protocol regime and thereby to include Belize in the countries
      listed in Article 3 < 1 ) with an agreed quantity of 39 400 tonnes with
      effect from 1st July 1982 .
      For the delivery period 1981 / 82 the provisions of the above-mentioned
      Council Decision will remain applicable to Belize .
3.    In the light of the above-mentioned provisions , no negotiations are required
      in order to affect the relevant modifications to the text of the Sugar
      Protocol . The Commission therefore proposes that the Council should
      conclude with the ACP states referred to in Protocol 7 on ACP sugar annexed
      to the second ACP-EEC Convention of Lome, the agreements in question via
      an exchange of the letters attached hereto .
4.    Annexes :
      I.   Proposal for a Council Regulation concerning the conclusion of an
           Agreement in the form of an exchange of letters between the European
           Economic Community and Barbados , 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, and the Republic
          of Uganda on the accession of the Republic of Zimbabwe to Protocol 7
          on ACP sugar annexed to the second ACP-EEC Convention of Lom6 .
(1 ) 0J No. L 361 , 31.12.1980, p. 104 .
 ---pagebreak---                                   -3-
4.  Annexes :   cont .
    II .   Proposal for a Council Regulation concerning the conclusion of
           an Agreement in the form of an exchange of letters between the
           European Economic Community and Barbados , 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, and rtne Republic of Uganda on the accession of Belize to
         ; Protocol 7 on ACP sugar annexed to the second ACP-EEC Convention of
           Lome .
   III . Draft    letters .
5. Financial implications '
   The above proposals would be implemented within the framework of the
   management of the common organization of the market in the sugar sector
   and would not , therefore , give rise to additional expenditure .
                                                                      /
 ---pagebreak---                               t
                    ' PROPOSAL FOR A
                  COUNCIL REGULATION ( EEC )
on the conclusion of an Agreement in the form of an exchange of tetters between
the European Economic Community and Barbados , 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 , and the Republic of Uganda on the accession of
the Republic of Zimbabwe to Protocol 7 on ACP sugar annexed to the second
ACP-EEC Convention of Lome .
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 proposal from the Commission,
 ---pagebreak---     Whereas the Agreement on the accession of the Republic of Zimbabwe
    to the second ACP-EEC Convention ( 1 ) signed at Lom6 on 31 October 1979
    entered into force on 1 March 1982 ( 2 ) ;
    Whereas that Agreement , in its Annex 3 , provided in particular that Zimbabwe
    should become a member of Protocol 7 on ACP sugar annexed to the second
    ACP-EEC Convention of Lome and that it should enjoy the award of a quantity of
    sugar of 25 000 tonnes of white equivalent per annum ;
   Whereas the ACP states concerned , in a letter of 15 March 1982 , have signified
    their agreement to the accession of Zimbabwe to the said Protocol ;
   Whereas the implementation of the aforesaid Protocol is carried out within
   the framework of the common' organization of the market in the sugar sector ;
  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 aforesaid Protocol on the accession of the Republic of Zimbabwe thereto ,
      *    •
  HAS ADOPTED THIS REGULATION ,:
                                   Article 1
  An Agreement in the form of an exchange of letters between the European Economic
  Community and Barbados , 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 and the Republic of Uganda on the accession
  of the Republic of Zimbabwe to Protocol 7 on ACP sugar annexed to the Second
  ACP-EEC Convention of Lome is hereby approved on behalf of the Community .
  The text of this Agreement is annexed to this Regulation .
- (1 ) 0J No . L 347, 22.1 980, p. 1
  (2) 0J No. L 24, 30.1.1982, p . 1
 ---pagebreak---                               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
Communi ty .
                              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 .              y
                                                        For the Council
                                                        The President
 ---pagebreak---                              AGREEMENT
 irt the form of an exchange Of letters between the European Economic Community
 and Barbados , 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 and the Republic of Uganda , on the accession of the Republic of
 Zimbabwe to the Protocol 7 on ACP sugar annexed to the second ACP-EEC
 Convention of Lom6 .
                               Letter No . 1
                                                                 Brussels ,
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 on the following :
- The Republic of Zimbabwe is hereby included in Article 3 ( 1 ) of the said     -
Protocol with an agreed quantity of 25 000 tonnes with effect from 1st July
1982 , and in respect of the period up to 30 June 1982 with an agreed quantity
of 6 000 tonnes .
I should b$ 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
 ---pagebreak---                                                      %
                            Letter No 2
                                                     Brussels
 Sir .
 I have the honour to acknowledge receipt of your letter of today which reads
 as follows :
 The representatives of the ACP States referred to in Protocol 7 on ACP sugar
                                                   \
 ■innexed to the second ACP-EEC Convention of Lom6, and of the Commission , on
Hohalf of the European Economic Community, have agreed on the following :
- The Republic of Zimbabwe is hereby included in article 3 ( 1 ) of the said
Protocol with an agreed quantity of 25 000 tonnes with effect from 1st July
1982 , and in respect of the period up to 30 June 1982 with an agreed quantity
of 6 000 tonnes .
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 .
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---                         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 , 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 , and the Republic of Uganda on the accession of
  Belize to Protocol 7 on ACP sugar annexed to the second ACP-EEC Convention
  of Lome .
  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 proposal from the Commission,
 ---pagebreak---                                                                                ■ í»
                                                         Ao
 Whereas Declaration 2 in the Annex to Protocol 7 on ACP sugar annexed
 to the second ACP-EEC Convention of Lom6 < 1 ) provides that Belize
 shall benefit from a treatment identical to that provided for in the said
 Protocol for a quantity of 39 400 tonnes ;
 Whereas the implementation of the aforesaid Protocol is carried out within
 the framework of the common organization of the market in the sugar sector ;
Whereas it is appropriate to approve an Agreement in the form of a'n exchange
 of letters between the European Economic Community and the states referred
 to in the aforesaid Protocol on the accession of Belize thereto ,
HAS ADOPTED THIS REGULATION :
                                  Article 1
The Agreement in the form of an exchange of letters between the European
Economic Community and Barbados , 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 and the Republic of Uganda on the accession
of Belize to Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention
of Lome is hereby approved on behalf of the Community .
The text of this Agreement is annexed to this Regulation .
(1 ) 0J No. L 347, 22.12.1980, p. 1 .
 ---pagebreak---                                     -2-
                                 Artlcle 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
                                                 The President
 ---pagebreak---                                                       XL
                             AGREEMENT
  1n the form of an exchange of letter * between the European economic Community
 and Barbados , 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 and the Republic of Uganda , on the accession of Belize to Protocol 7
 on ACP sugar annexed to the second ACP-EEC Convention of Lom6 .
                             Letter No . 1
                                                        Brussels ,
 Sir ,
                                 t
The representatives of the ACP States referred to in Protocol 7 on ACP sugar
anne'xed'to the second ACP-EEC Convention of Lome, and of the Commission,
on behalf of the European Economic Community have agreed on the following :
                                                                       >
- Belize is hereby included in article 3 < 1 ) of the said Protocol with an
agreed quantity of 39 400 tonnes with effect from 1st July 1982 .
For the delivery period 1981 / 82 the provisions of Annex IV to the Council
Decision of 16 December 1980 on the association of the overseas countries and
territories with the European' Economic Community shall remain applicable .
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
 ---pagebreak---                                                     Λ3
                            Letter No 2
                                                        Brussels
 Sir-
 I have the honour to acknowledge receipt of your letter of today which reads
 as follows :
 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 on the following :
- Belize is hereby included in article 3 ( 1 ) of the said Protocol with
agreed quantity of 39 400 tonnes with effect from 1st July 1982 .
FOB the delivery period 1981 / 82 the provisions of Annex IV to the Council
Decision of 16 December 1980 on the association of the overseas countries
and territories with the European Economic Community shall remain applicable .
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 .
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