CELEX: 21980A1222(01)
Language: en
Date: 1980-12-04 00:00:00
Title: Agreement in the form of an exchange of letters between the European Economic Community and the Republic of India on the guaranteed prices for cane sugar for 1980/81

Avis juridique important

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21980A1222(01)

Agreement in the form of an exchange of letters between the European Economic Community and the Republic of India on the guaranteed prices for cane sugar for 1980/81  

Official Journal L 332 , 10/12/1980 P. 0004 Greek special edition: Chapter 11 Volume 22 P. 0055 

++++AGREEMENT  IN THE FORM OF AN EXCHANGE OF LETTERS RELATING TO ARTICLE 8 OF THE SUPPLEMENTARY PROTOCOL TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PORTUGUESE REPUBLIC  LETTER NO 1  SIR ,  PURSUANT TO ARTICLE 8 OF THE SUPPLEMENTARY PROTOCOL TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PORTUGUESE REPUBLIC , SIGNED ON 19 DECEMBER 1979 , I HAVE THE HONOUR TO INFORM YOU THAT PORTUGAL AGREES TO MAINTAIN UNTIL 30 JUNE 1981 THE DETAILED ARRANGEMENTS CONTAINED IN THE EXCHANGE OF LETTERS OF 20 DECEMBER 1972 BETWEEN PORTUGAL AND THE COMMUNITY RELATING TO THE CONDITIONS IN ACCORDANCE WITH WHICH PREPARED AND PRESERVED SARDINES FALLING WITHIN SUBHEADING 16.04 D OF THE COMMON CUSTOMS TARIFF ARE IMPORTED INTO THE COMMUNITY .  THE GOVERNMENT OF PORTUGAL UNDERTAKES , MOREOVER , TO ENSURE THAT THE PRICES CHARGED ON IMPORTS INTO THE COMMUNITY FROM 1 JANUARY 1981 UNTIL 30 JUNE 1981 SHALL NOT BE LESS THAN THE PRICES SET IN THE ANNEX AND ALSO TO PREVENT ANY DEFLECTION OF TRADE .  I SHOULD BE OBLIGED IF YOU WOULD ACKNOWLEDGE RECEIPT OF THIS LETTER .  PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .  FOR THE GOVERNMENT OF THE PORTUGUESE REPUBLIC  ANNEX  SIZE*NET WEIGHT*SEMI-GROSS WEIGHT LESS PACKAGING G*CAPACITY CM3*COEFFICIENTS*MINIMUM PRICE CUSTOMS DUTIES INCLUDED IN ECU PER CARTON OF 100 TINS*  TARIFF SPECIFICATION*TOTAL HEIGHT MM*OUNCES*G****COMMUNITY*  *******IN OLIVE OIL*IN ANOTHER SAUCE*  RECTANGULAR BOTTOM*********  1/10 CLUB*20*2*56*95*53*0,60*14,14*13,06*  1/8 CLUB*25*2 3/4*80*120*75*0,70*16,50*15,23*  1/4 REDUCED*18*2 5/8*74*130*73*0,77*18,16*16,76*  1/8 CLUB*30*3 1/4*90*140*93*0,80*18,86*17,41*  1/4 SPECIAL*25*3 1/6*90*140*90*0,85*20,04*18,50*  1/8 LOW PLAT*24*3 3/8*95*145*96*0,90*21,22*19,59*  1/4 CLUB*30*4 3/8*125*190*125*1,00*23,57*20,55*  1/6 P 25****176*125*1,00*23,57*20,55*  1/4 USUAL*22*3 3/4*105*180*106*1,00*23,57*20,55*  1/6 ( CLUB 30 ) ****188*130*1,00*23,57*20,55*  1/4 USUAL*24*4 3/8*125*195*125*1,10*25,93*23,94*  1/4 USUAL*30*5 1/4*150*240*169*1,30*30,65*28,29*  1/4 CLUB*40*6 1/4*175*250*178*1,30*30,65*28,29*  1/4 P 30****250*187*1,30*30,65*28,29*  1/4 AMERICAN*30*7*200*300*207*1,60*37,72*34,82*  1/4 USUAL*40*9 1/4*260*326*250*1,80*42,43*39,17*  1/3 P****337*250*1,80*42,43*39,17*  1/4 CLUB LONG*40*8 3/4*248*320*241*1,80*42,43*39,17*  1/2 LOW*30*9 1/4*260*370*245*2,20*51,86*47,87*  1/4 USUAL LONG*40*11 1/2*325*423*313*2,50*58,94*54,40*  1/4 USUAL*48*11*310*390*297*2,60*61,29*56,58*  1/2 LARGE*40*11 1/2*325*460*330*2,70*63,65*58,75*  1/2 P****476*375*2,70*63,65*58,75*  1/1****902*750*4,65*109,63*101,19*  4/4*80*27 1/2*780*950*771*4,65*109,63*101,19*  OVAL BOTTOM*********  1/2 OVAL*40*15*425*555*452*3,40*80,15*73,99*  LETTER NO 2  SIR ,  I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY'S DATE , WHICH READS AS FOLLOWS :   " PURSUANT TO ARTICLE 8 OF THE SUPPLEMENTARY PROTOCOL TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PORTUGUESE REPUBLIC , SIGNED ON 19 DECEMBER 1979 , I HAVE THE HONOUR TO INFORM YOU THAT PORTUGAL AGREES TO MAINTAIN UNTIL 30 JUNE 1981 THE DETAILED ARRANGEMENTS CONTAINED IN THE EXCHANGE OF LETTERS OF 20 DECEMBER 1972 BETWEEN PORTUGAL AND THE COMMUNITY RELATING TO THE CONDITIONS IN ACCORDANCE WITH WHICH PREPARED AND PRESERVED SARDINES FALLING WITHIN SUBHEADING 16.04 D OF THE COMMON CUSTOMS TARIFF ARE IMPORTED INTO THE COMMUNITY .  THE GOVERNMENT OF PORTUGAL UNDERTAKES , MOREOVER , TO ENSURE THAT THE PRICES CHARGED ON IMPORTS INTO THE COMMUNITY FROM 1 JANUARY 1981 UNTIL 30 JUNE 1981 SHALL NOT BE LESS THAN THE PRICES SET IN THE ANNEX AND ALSO TO PREVENT ANY DEFLECTION OF TRADE .  I SHOULD BE OBLIGED IF YOU WOULD ACKNOWLEDGE RECEIPT OF THIS LETTER . "  PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .  ON BEHALF OF THE COUNCIL OF THE EUROPEAN COMMUNITIES  ANNEX  SIZE*NET WEIGHT*SEMI-GROSS WEIGHT LESS PACKAGING G*CAPACITY CM3*COEFFICIENTSMINIMUM PRICE CUSTOMS DUTIES INCLUDED IN ECU PER CARTON OF 100 TINS*  TARIFF SPECIFICATION*TOTAL HEIGHT MM*OUNCES*G****COMMUNITY*  *******IN OLIVE OIL*IN ANOTHER SAUCE*  RECTANGULAR BOTTOM*********  1/10 CLUB*20*2*56*95*53*0,60*14,14*13,06*  1/8 CLUB*25*2 3/4*80*120*75*0,70*16,50*15,23*  1/4 REDUCED*18*2 5/8*74*130*73*0,77*18,16*16,76*  1/8 CLUB*30*3 1/4*90*140*93*0,80*18,86*17,41*  1/4 SPECIAL*25*3 1/6*90*140*90*0,85*20,04*18,50*  1/8 LOW PLAT*24*3 3/8*95*145*96*0,90*21,22*19,59*  1/4 CLUB*30*4 3/8*125*190*125*1,00*23,57*20,55*  1/6 P 25****176*125*1,00*23,57*20,55*  1/4 USUAL*22*3 3/4*105*180*106*1,00*23,57*20,55*  1/6 ( CLUB 30 ) ****188*130*1,00*23,57*20,55*  1/4 USUAL*24*4 3/8*125*195*125*1,10*25,93*23,94*  1/4 USUAL*30*5 1/4*150*240*169*1,30*30,65*28,29*  1/4 CLUB*40*6 1/4*175*250*178*1,30*30,65*28,29*  1/4 P 30****250*187*1,30*30,65*28,29*  1/4 AMERICAN*30*7*200*300*207*1,60*37,72*34,82*  1/4 USUAL*40*9 1/4*260*326*250*1,80*42,43*39,17*  1/3 P****337*250*1,80*42,43*39,17*  1/4 CLUB LONG*40*8 3/4*248*320*241*1,80*42,43*39,17*  1/2 LOW*30*9 1/4*260*370*245*2,20*51,86*47,87*  1/4 USUAL LONG*40*11 1/2*325*423*313*2,50*58,94*54,40*  1/4 USUAL*48*11*310*390*297*2,60*61,29*56,58*  1/2 LARGE*40*11 1/2*325*460*330*2,70*63,65*58,75*  1/2 P****476*375*2,70*63,65*58,75*  1/1****902*750*4,65*109,63*101,19*  4/4*80*27 1/2*780*950*771*4,65*109,63*101,19*  OVAL BOTTOM*********  1/2 OVAL*40*15*425*555*452*3,40*80,15*73,99* ++++  AGREEMENT  IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ON THE GUARANTEED PRICES FOR CANE SUGAR FOR 1980/81  LETTER NO 1  BRUSSELS ,  SIR ,  1 . THE REPRESENTATIVES OF THE REPUBLIC OF INDIA AND OF THE COMMISSION , ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY , HAVE AGREED WITHIN THE FRAMEWORK OF THE NEGOTIATIONS PROVIDED FOR IN ARTICLE 5 ( 4 ) OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ON CANE SUGAR , ON THE FOLLOWING :   - FOR THE PERIOD 1 JULY 1980 TO 30 JUNE 1981 THE GUARANTEED PRICES REFERRED TO IN ARTICLE 5 ( 4 ) OF THE AGREEMENT SHALL , FOR THE PURPOSE OF INTERVENTION WITHIN THE TERMS OF ARTICLE 6 OF THE AGREEMENT BE :   ( A ) FOR RAW SUGAR , 35,89 ECU PER 100 KILOGRAMS ;   ( B ) FOR WHITE SUGAR , 44,48 ECU PER 100 KILOGRAMS .  THESE PRICES WHICH REPRESENT AN INCREASE OF 5,16 % OVER THOSE OF THE PRECEDING YEAR , SHALL REFER TO SUGAR OF STANDARD QUALITY AS DEFINED IN COMMUNITY LEGISLATION , UNPACKED , CIF EUROPEAN PORTS OF THE COMMUNITY .  2 . ALTHOUGH RETROACTIVITY IS NOT PROVIDED FOR IN RESPECT OF THE 1980/81 PRICES , IT IS AGREED THAT THIS YEAR'S DECISION DOES NOT PREJUDICE THE POSITION OF THE REPUBLIC OF INDIA IN RELATION TO RETROACTIVITY IN ANY FUTURE NEGOTIATION IN ACCORDANCE WITH ARTICLE 4 ( 3 ) OF THE AGREEMENT .  3 . IT WAS NOTED THAT DESPITE THE CONCERN EXPRESSED BY THE REPUBLIC OF INDIA THE PREVIOUS YEAR OVER THE BURDEN OF FREIGHT CHARGES THE COUNCIL OF MINISTERS OF THE COMMUNITY HAD NOT AUTHORIZED THE INCLUSION OF ANY FACTOR IN RESPECT OF FREIGHT CHARGES IN THE DETERMINATION OF THE GUARANTEED PRICES FOR THE DELIVERY PERIOD 1980/81 . THE REPUBLIC OF INDIA EXPLAINED THAT THIS COST HAD RISEN BY ALMOST 60 % SINCE LAST YEAR , THUS CONSTITUTING AN IMPORTANT FACTOR , AND REQUESTED THAT THE COMMUNITY SHOULD GIVE SERIOUS CONSIDERATION TO THE POSSIBILITY OF ALLEVIATING THE EFFECT OF THESE CHARGES ON THE REPUBLIC OF INDIA . THE COMMUNITY , WHILE REITERATING THAT ARTICLE 5 ( 4 ) SET THE GUARANTEED PRICE AT THE CIF STAGE , RECOGNIZED THE CONCERN OF THE REPUBLIC OF INDIA AT THE INCREASING LEVELS OF FREIGHT RATES AND UNDERTOOK TO RECONSIDER THE REQUEST OF THE REPUBLIC OF INDIA .  I SHOULD BE OBLIGED IF YOU WOULD ACKNOWLEDGE RECEIPT OF THIS LETTER AND CONFIRM THAT THIS LETTER AND YOUR REPLY CONSTITUTE AN AGREEMENT BETWEEN YOUR GOVERNMENT AND THE COMMUNITY .  PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .  FOR THE COUNCIL OF THE EUROPEAN COMMUNITIES  LETTER NO 2  BRUSSELS ,  SIR ,  I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY WHICH READS AS FOLLOWS :   " 1 . THE REPRESENTATIVES OF THE REPUBLIC OF INDIA AND OF THE COMMISSION , ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY , HAVE AGREED WITHIN THE FRAMEWORK OF THE NEGOTIATIONS PROVIDED FOR IN ARTICLE 5 ( 4 ) OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ON CANE SUGAR , ON THE FOLLOWING :   - FOR THE PERIOD 1 JULY 1980 TO 30 JUNE 1981 GUARANTEED PRICES REFERRED TO IN ARTICLE 5 ( 4 ) OF THE AGREEMENT SHALL , FOR THE PURPOSE OF INTERVENTION WITHIN THE TERMS OF ARTICLE 6 OF THE AGREEMENT BE :   ( A ) FOR RAW SUGAR , 35,89 ECU PER 100 KILOGRAMS :   ( B ) FOR WHITE SUGAR , 44,48 ECU PER 100 KILOGRAMS .  THESE PRICES , WHICH REPRESENT AN INCREASE OF 5,16 % OVER THOSE OF THE PRECEDING YEAR , SHALL REFER TO SUGAR OF STANDARD QUALITY AS DEFINED IN COMMUNITY LEGISLATION , UNPACKED , CIF EUROPEAN PORTS OF THE COMMUNITY .  2 . ALTHOUGH RETROACTIVITY IS NOT PROVIDED FOR IN RESPECT OF THE 1980/81 PRICES , IT IS AGREED THAT THIS YEAR'S DECISION DOES NOT PREJUDICE THE POSITION OF THE REPUBLIC OF INDIA IN RELATION TO RETROACTIVITY IN ANY FUTURE NEGOTIATION IN ACCORDANCE WITH ARTICLE 4 ( 3 ) OF THE AGREEMENT .  3 . IT WAS NOTED THAT DESPITE THE CONCERN EXPRESSED BY THE REPUBLIC OF INDIA THE PREVIOUS YEAR OVER THE BURDEN OF FREIGHT CHARGES THE COUNCIL OF MINISTERS OF THE COMMUNITY HAD NOT AUTHORIZED THE INCLUSION OF ANY FACTOR IN RESPECT OF FREIGHT CHARGES IN THE DETERMINATION OF THE GUARANTEED PRICES FOR THE DELIVERY PERIOD 1980/81 . THE REPUBLIC OF INDIA EXPLAINED THAT THIS COST HAD RISEN BY ALMOST 60 % SINCE LAST YEAR , THUS CONSTITUTING AN IMPORTANT FACTOR , AND REQUESTED THAT THE COMMUNITY SHOULD GIVE SERIOUS CONSIDERATION TO THE POSSIBILITY OF ALLEVIATING THE EFFECT OF THESE CHARGES ON THE REPUBLIC OF INDIA . THE COMMUNITY , WHILE REITERATING THAT ARTICLE 5 ( 4 ) SET THE GUARANTEED PRICE AT THE CIF STAGE , RECOGNIZED THE CONCERN OF THE REPUBLIC OF INDIA AT THE INCREASING LEVELS OF FREIGHT RATES AND UNDERTOOK TO RECONSIDER THE REQUEST OF THE REPUBLIC OF INDIA .  I SHOULD BE OBLIGED IF YOU WOULD ACKNOWLEDGE RECEIPT OF THIS LETTER AND CONFIRM THAT THIS LETTER AND YOUR REPLY CONSTITUTE AN AGREEMENT BETWEEN YOUR GOVERNMENT AND THE COMMUNITY . "  I HAVE THE HONOUR TO CONFIRM THE AGREEMENT OF MY GOVERNMENT WITH THE FOREGOING .  PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .  FOR THE GOVERNMENT OF THE REPUBLIC OF INDIA