CELEX: 21986A0331(08)
Language: en
Date: 1984-12-08 00:00:00
Title: Third ACP-EEC Convention signed at Lomé on 8 December 1984 - Protocol 7 containing the text of Protocol 3 on ACP sugar appearing in the ACP-EEC Convention of Lomé signed on 28 February 1975 and the corresponding declarations annexed to that Convention Lomé 3

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21986A0331(08)

Third ACP-EEC Convention signed at Lomé on 8 December 1984 - Protocol 7 containing the text of Protocol 3 on ACP sugar appearing in the ACP-EEC Convention of Lomé signed on 28 February 1975 and the corresponding declarations annexed to that Convention Lomé 3  /* Lomé 3 */  

Official Journal L 086 , 31/03/1986 P. 0164

++++PROTOCOL 7  CONTAINING THE TEXT OF PROTOCOL 3 ON ACP SUGAR APPEARING IN THE ACP-EEC CONVENTION OF LOME SIGNED ON 28 FEBRUARY 1975 AND THE CORRESPONDING DECLARATIONS ANNEXED TO THAT CONVENTION  PROTOCOL 3  ON ACP SUGAR  ARTICLE 1  1 . THE COMMUNITY UNDERTAKES FOR AN INDEFINITE PERIOD TO PURCHASE AND IMPORT , AT GUARANTEED PRICES , SPECIFIC QUANTITIES OF CANE SUGAR , RAW OR WHITE , WHICH ORIGINATE IN THE ACP STATES AND WHICH THESE STATES UNDERTAKE TO DELIVER TO IT .  2 . THE SAFEGUARD CLAUSE IN ARTICLE 10 OF THE CONVENTION SHALL NOT APPLY . THE IMPLEMENTATION OF THIS PROTOCOL IS CARRIED OUT WITHIN THE FRAMEWORK OF THE MANAGEMENT OF THE COMMON ORGANIZATION OF THE SUGAR MARKET WHICH , HOWEVER , SHALL IN NO WAY PREJUDICE THE COMMITMENT OF THE COMMUNITY UNDER PARAGRAPH 1 .  ARTICLE 2  1 . WITHOUT PREJUDICE TO ARTICLE 7 , NO CHANGE IN THIS PROTOCOL MAY ENTER INTO FORCE UNTIL A PERIOD OF FIVE YEARS HAS ELAPSED FROM THE DATE ON WHICH THE CONVENTION ENTERS INTO FORCE . THEREAFTER , SUCH CHANGES AS MAY BE AGREED UPON WILL COME INTO FORCE AT A TIME TO BE AGREED .  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 .  ARTICLE 3  1 . QUANTITIES OF CANE SUGAR REFERRED TO IN ARTICLE 1 , EXPRESSED IN TONNES OF WHITE SUGAR , HEREINAFTER REFERRED TO AS " AGREED QUANTITIES " , FOR DELIVERY IN EACH 12-MONTH PERIOD REFERRED TO IN ARTICLE 4 ( 1 ) , SHALL BE AS FOLLOWS :  BARBADOS 49 300  FIJI 163 600  GUYANA 157 700  JAMAICA 118 300  KENYA 5 000  MADAGASCAR 10 000  MALAWI 20 000  MAURITIUS 487 200  PEOPLE'S REPUBLIC OF THE CONGO 10 000  SWAZILAND 116 400  TANZANIA 10 000  TRINIDAD AND TOBAGO 69 000  UGANDA 5 000  2 . SUBJECT TO ARTICLE 7 , THESE QUANTITIES MAY NOT BE REDUCED WITHOUT THE CONSENT OF THE INDIVIDUAL STATES CONCERNED .  3 . NEVERTHELESS , IN RESPECT OF THE PERIOD UP TO 30 JUNE 1975 , THE AGREED QUANTITIES , EXPRESSED IN TONNES OF WHITE SUGAR , SHALL BE AS FOLLOWS :  BARBADOS 29 600  FIJI 25 600  GUYANA 29 600  JAMAICA 83 800  MADAGASCAR 2 000  MAURITIUS 65 300  SWAZILAND 19 700  TRINIDAD AND TOBAGO 54 200  ARTICLE 4  1 . IN EACH 12-MONTH PERIOD FROM 1 JULY TO 30 JUNE INCLUSIVE , HEREINAFTER REFERRED TO AS THE " DELIVERY PERIOD " , THE SUGAR-EXPORTING ACP STATES UNDERTAKE TO DELIVER THE QUANTITIES REFERRED TO IN ARTICLE 3 ( 1 ) , SUBJECT TO ANY ADJUSTMENTS RESULTING FROM THE APPLICATION OF ARTICLE 7 . A SIMILAR UNDERTAKING SHALL APPLY EQUALLY TO THE QUANTITIES REFERRED TO IN ARTICLE 3 ( 3 ) IN RESPECT OF 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 3 ( 3 ) , SHALL INCLUDE SUPPLY EN ROUTE FROM PORT OF SHIPMENT OR , IN THE CASE OF LAND-LOCKED STATES , ACROSS FRONTIERS .  3 . DELIVERIES OF ACP 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 5  1 . WHITE OR RAW SUGAR 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 .  3 . THE COMMUNITY UNDERTAKES TO PURCHASE , AT THE GUARANTEED PRICE , QUANTITIES OF WHITE OR RAW SUGAR , WITHIN AGREED QUANTITIES , WHICH CANNOT BE MARKETED 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 UNPACKED SUGAR , CIF EUROPEAN PORTS OF THE COMMUNITY , AND SHALL BE FIXED IN RESPECT OF STANDARD QUALITY SUGAR . IT SHALL BE NEGOTIATED ANNUALLY , WITHIN THE PRICE RANGE OBTAINING IN THE COMMUNITY , TAKING INTO ACCOUNT ALL RELEVANT ECONOMIC FACTORS , AND SHALL BE DECIDED AT THE LATEST BY 1 MAY IMMEDIATELY PRECEDING THE DELIVERY PERIOD TO WHICH IT WILL APPLY .  ARTICLE 6  PURCHASE AT THE GUARANTEED PRICE , REFERRED TO IN ARTICLE 5 ( 3 ) , SHALL BE ASSURED THROUGH THE MEDIUM OF THE INTERVENTION AGENCIES OR OF OTHER AGENTS APPOINTED BY THE COMMUNITY .  ARTICLE 7  1 . IF , DURING ANY DELIVERY PERIOD , A SUGAR-EXPORTING ACP STATE FAILS TO DELIVER ITS AGREED QUANTITY IN FULL FOR REASONS OF FORCE MAJEURE THE COMMISSION SHALL , AT THE REQUEST OF THE STATE CONCERNED , ALLOW THE NECESSARY ADDITIONAL PERIOD FOR DELIVERY .  2 . IF A SUGAR-EXPORTING ACP STATE INFORMS THE COMMISSION DURING THE COURSE OF A DELIVERY PERIOD THAT IT WILL BE UNABLE TO DELIVER ITS AGREED QUANTITY IN FULL AND THAT IT DOES NOT WISH TO HAVE THE ADDITIONAL PERIOD REFERRED TO IN PARAGRAPH 1 , THE SHORTFALL SHALL BE RE-ALLOCATED BY THE COMMISSION FOR DELIVERY DURING THE DELIVERY PERIOD IN QUESTION . SUCH RE-ALLOCATION SHALL BE MADE BY THE COMMISSION AFTER CONSULTATION WITH THE STATES CONCERNED .  3 . IF , DURING ANY DELIVERY PERIOD , A SUGAR-EXPORTING ACP STATE FAILS TO DELIVER ITS AGREED 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 .  4 . IT MAY BE DECIDED BY THE COMMISSION THAT IN RESPECT OF SUBSEQUENT DELIVERY PERIODS , THE UNDELIVERED QUANTITY SHALL BE RE-ALLOCATED BETWEEN THE OTHER STATES WHICH ARE REFERRED TO IN ARTICLE 3 . SUCH RE-ALLOCATION SHALL BE MADE IN CONSULTATION WITH THE STATES CONCERNED .  ARTICLE 8  1 . AT THE REQUEST OF ONE OR MORE OF THE STATES SUPPLYING SUGAR UNDER THE TERMS OF THIS PROTOCOL , OR OF THE COMMUNITY , CONSULTATIONS RELATING TO ALL MEASURES NECESSARY FOR THE APPLICATION OF THIS PROTOCOL SHALL TAKE PLACE WITHIN AN APPROPRIATE INSTITUTIONAL FRAMEWORK TO BE ADOPTED BY THE CONTRACTING PARTIES . FOR THIS PURPOSE THE INSTITUTIONS ESTABLISHED BY THE CONVENTION MAY BE USED DURING THE PERIOD OF APPLICATION OF THE CONVENTION .  2 . IN THE EVENT OF THE CONVENTION CEASING TO BE OPERATIVE , THE SUGAR-SUPPLYING STATES REFERRED TO IN PARAGRAPH 1 AND THE COMMUNITY SHALL ADOPT THE APPROPRIATE INSTITUTIONAL PROVISIONS TO ENSURE THE CONTINUED APPLICATION OF THE PROVISIONS OF THIS PROTOCOL .  3 . THE PERIODICAL REVIEWS PROVIDED FOR UNDER THIS PROTOCOL SHALL TAKE PLACE WITHIN THE AGREED INSTITUTIONAL FRAMEWORK .  ARTICLE 9  SPECIAL TYPES OF SUGAR TRADITIONALLY DELIVERED TO MEMBER STATES BY CERTAIN SUGAR-EXPORTING ACP STATES SHALL BE INCLUDED IN , AND TREATED ON THE SAME BASIS AS , THE QUANTITIES REFERRED TO IN ARTICLE 3 .  ARTICLE 10  THE PROVISIONS OF THIS PROTOCOL SHALL REMAIN IN FORCE AFTER THE DATE SPECIFIED IN ARTICLE 91 OF THE CONVENTION . AFTER THAT DATE THE PROTOCOL MAY BE DENOUNCED BY THE COMMUNITY WITH RESPECT TO EACH ACP STATE AND BY EACH ACP STATE WITH RESPECT TO THE COMMUNITY , SUBJECT TO TWO YEARS' NOTICE .  ANNEX  DECLARATIONS ON PROTOCOL 3 TO THE ACP-EEC CONVENTION OF LOME  1 . JOINT DECLARATION CONCERNING POSSIBLE REQUESTS FOR PARTICIPATION IN THE PROVISIONS OF PROTOCOL 3  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 ( 1 ) .  2 . DECLARATION BY THE COMMUNITY CONCERNING SUGAR ORIGINATING IN BELIZE , ST-KITTS-NEVIS-ANGUILLA AND SURINAME   ( A ) THE COMMUNITY UNDERTAKES TO ADOPT THE NECESSARY MEASURE TO ENSURE THE SAME TREATMENT AS PROVIDED FOR IN PROTOCOL N 3 , FOR THE FOLLOWING QUANTITIES OF CANE SUGAR , RAW OR WHITE , ORIGINATING IN :  BELIZE 39 400 TONNES  ST-KITTS-NEVIS-ANGUILLA 14 800 TONNES  SURINAME 4 000 TONNES   ( B ) NEVERTHELESS , IN RESPECT OF THE PERIOD UP TO 30 JUNE 1975 , THE QUANTITIES SHALL BE AS FOLLOWS :  BELIZE 14 800 TONNES  ST-KITTS-NEVIS-ANGUILLA 7 900 TONNES ( 2 )  3 . DECLARATION BY THE COMMUNITY ON ARTICLE 10 OF PROTOCOL 3  THE COMMUNITY DECLARES THAT ARTICLE 10 OF PROTOCOL 3 PROVIDING FOR THE POSSIBILITY OF DENUNCIATION IN THAT PROTOCOL , UNDER THE CONDITIONS SET OUT IN THAT ARTICLE , IS FOR THE PURPOSES OF JURIDICAL SECURITY AND DOES NOT REPRESENT FOR THE COMMUNITY ANY QUALIFICATION OR LIMITATION OF THE PRINCIPLES ENUNCIATED IN ARTICLE 1 OF THAT PROTOCOL ( 1 ) .   ( 1 ) ANNEX XIII TO THE FINAL ACT OF THE ACP-EEC CONVENTION OF LOME .   ( 2 ) ANNEX XXI TO THE FINAL ACT OF THE ACP-EEC CONVENTION OF LOME .   ( 3 ) ANNEX XXII TO THE FINAL ACT OF THE ACP-EEC CONVENTION OF LOME .