CELEX: 51975PC0291
Language: en
Date: 1975-06-12 00:00:00
Title: RECOMMENDATION FOR A DECISION OF THE COUNCIL on the conclusion of the Agreement between the European Economic Community and the Republic of India concerning cane sugar (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 291
Vol. 1975/0104
 ---pagebreak--- Disclaimer
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(75)291 final.
                                                Brussels , 12 june 1975
                       RECOMMENDATION FOR A DECISION" OF THE COUNCIL
                       on the conclusion of the Agreement "between the
                       European Economic Community and the Republic
                       of India, concerning cane sugar
                  ( submitted to the Council by the Commission)
COMC75 ) 291 final .
 ---pagebreak---                           EXPLANATORY N.T: KO R ANDUH
1.     In the Joint Declaration of Intent , appended to the Final Act of
the Treaty of Accession , on the development of tra.de relations with Ceylon ,
India , Malaysia , Pakistan a.nd Singapore , it was stated that the settlement
of the question of exports of sugar from India to the Community after the
expiry of the Commonwealth Sugar Agreement on 31 December 1974 involved
taking into account of the provisions which might be adopted as regards - imports
of sugar from the independent Commonv;ealth countries listed in Protocol No . ?2 ,
1.e . those Commonwealth countries which are now signatories to the ACP/EEC
Convention of Lom ^.
2.     The provisions adopted, in respect of cane sugar originating in the African ,
Caribbean and Pacific States which are signatories to the said Convention
are contained in Protocol No . 3 appended to the Convention .
3.     On 17 December 1974 "the Council approved a directive for an agreement
to be negotiated with India . This laid down ■ that these negotiations should
be conducted having full regard to those then in progress with the ACP States
and would concern a maximum annual eruantity of P.'j.OOO metric tons ( 1 ) of cane
sugar which the Community would guarantee to purchase at a given price . The
agreement was to be for an indefinite period , but could , after a period of
five years , be denounced by either party subject to two years' notice .
4.     A draft agreement was conveyed to the Indian authorities at the beginning
of 1975 - This is identical in substance with the text of the Protocol on sugar
appended to the Lome Convention , though it does contain purely formal adaptations
to the case of India .
       The oornpetent department was informed at the end of Kay 1975 that the
Government of India was prepared to subsoribe to the conditions proposed by the
Community .  After some hesitation on the Indian side , the eruantity of sugar
to be delivered by India for the period ending 31 Juiyi 1975 (cf . Article 3»3 of
the Agreement ) was finally settled at 22.000 metric tons .
       The two sides are now agreed on the text appended herewith .
(T) This quantity is the same as India 's quota in the former Commonwealth
     Sugar Agreement .
 ---pagebreak---                                   - 2 -
5.    In order to enable the parties to implement the clause on deliveries
to be made during the period ending 31) Jul^js 1 9T5 » it is stipulated that the
Agreement shall enter into force on the date of signature .      It appears absolutely-
essential therefore that it -should be signed with the minimum of delay and , for
this purpose , every effort should be made to accelerate to the utmost the
procedures for examination and approval of the proposed text .      Considering,
however , that it closely follows that of the Protocol on Sugar appended to the
Lome Convention, basically , the present text should pose no problems .
                                                          /'
 ---pagebreak---                          RECOXMENDATI ON FOR A DECISION
                           /    OF THE COUNCIL          .
                 conclusion of the Agreement "between the European
                Economic Community and the Republic of India
                       concerning cane sugar
 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 ACP/EEC Convention of Lome was signed on 28 February 1 975 ? whereas
the Protocol on ACP cane sugar forms an integral part of the aforesaid Convention
whereas , pending the entry into force of the Convention , the Community and the
ACP States named in the Protocol have pledged themselves , by means of agreements
in the form of exchanges of letters dated 28 February 1 975 f "to apply as from the
same date the arrangements laid down in the aforesaid Protocol ;
Whereas , in the Joint Declaration of Intent on the development of trade relations
with Ceylon, India, Malaysia, Pakistan and Singapore , appended to the Final Act
of the Treaty concerning the accession of the Kingdbm of Denmark , Ireland,
the Kingdom of Norway and the United Kingdom of Great Britain and Northern
Ireland to the European Economic Community and to the European Atomic Energy
Community , it is stated that the question of exports of sugar from India to the
Community after the expiry of the Commonwealth Sugar Agreement on 31 December
1974 must be settled by the Community taking account in particular of the
provisions which may be adopted as regards imports of sugar from the independent
Commonwealth countries listed in Protocol No 22 on relations between the European
Economic Community and the Associated Afrioan and Malagasy States and also the
independent developing Commonwealth countries situated in Africa, the Indian
Ocean, the Pacifio Ocean and the Caribbean ;
 ---pagebreak--- Whereas the Agreement on cane sugar negotiated "between the European Economic
Community and the Republic of India should therefore be concluded ,
HAS DECIDED AS FQLLOWS :
                                Article 1
      The Agreement "between" the European Economic Community and the Republic
of India concerning cane sugar is hereby concluded on behalf of the Community
      The text of the Agreement is appended hereto .
                                Article 2
      The President of the Council is hereby authorized to designate the
person empowered to sign the Agreement and to confer upon him the powers
required in order to bind the Community.
Done at Brussels , this
                                                     For the Council
                                                     The Président
 ---pagebreak---                  AGREEMENT
"between the European Economic Community and
the Republic of India concerning cane sugar
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES
of the one part , and
THE GOVERNMENT OP THE REPUBLIC OP INDIA,
of the other part ,.
DESIROUS of ensuring the maintenance on a sound and equitable basis of
the existing trade in sugar "between the Republic of India and the European
Economic Community , hereinafter referred to as "the Community",.
NOTING the Joint Declaration of Intent on the development of trade relations
with Ceylon, India , Malaysia, Pakistan and Singapore, annexed to the Final
Act of the Treaty of Accession of the Kingdom of Denmark, Ireland,' the      "•
                                                    f
Kingdom of Norway and the United Kingdom of Great Britain and Northern
Ireland to the European Economic Community and the European Atomic Energy
Community, and in particular its"provisions regarding exports of sugar
from India to the Community,
HAVING REGARD to the Commercial Cooperation Agreement between the European
Economio Community and the Republic of India,
HAVE DECIDED , in a spirit of mutual cooperation , to conclude this Agreement !
 ---pagebreak---                                 Article 1
  1.        The Community undertakes for an indefinite period                  •'
  to purchase and import , at guaranteed prices , a specific quantity of oane
  sugar , raw or white , which originates in India and which that country
  undertakes to deliver to it .
                                                                                       !
  2.        The implementation of this Agreement is carried out within the frame­
  work of the management of the common organisation of the sugar market and in
  acccordance with the Community 's existing rules of origin adapted for India.
                                 Article 2
  1.        Without prejudice to Article 7 » no change in the
f provisions of this Agreement may enter into force until a period of five
  years has elapsed from the date on which the Agreement 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 j
  shall "be re-examined before the end of the seventh year of their application,     j
                                                                                 ' 1
                                 Article 3
                                                 '
                                         >,                                         i
  1.        The quantity of cane sugar referred to m Article 1 , expressed in
  metrio tons of white sugar , hereinafter referred to as "agreed quantity",
  for delivery in each delivery period, commencing 1 August 1975 » referred
   to in Article 4 > shall "be 25.000 .
                                                          I
  2.        Subject to Article 7 » "this quantity cannot "be
  reduced without the consent of the Government of India .
  3.        Nevertheless , in respect of the period up to 32) Julco 1975 "tk®
  agreed quantity , expressed in metrio tons of . white sugar, shall be 22.000 .
 ---pagebreak---                              Article 4                    -                                     ;
   1.       In the period from 1 , August 1975 "to 30 June 197" inclusive and. there­
  after in each twelve-month period , from 1 July to 30 June inclusive ,
  hereinafter referred to as the " delivery period", India undertakes to deliver
- the quantity referred to in Article 3(0., subject always to any adjustments
  resulting from the application of Article 7 «     A similar undertaking shall '
  apply equally to the quantity referred to in Article 3(3 ) in respect of
  the period up to 3l> Jul$! 1 975 » which shall also "be regarded as a delivery
  period.                                                                                      !
  2.        The quantity to "be delivered up to 3D July! 1 975 * referred to in
                                                            »
  Article 3(3 ). shall include supply en route from port of shipment ..
                                                                      .   '         ' '         I
  3.        Deliveries of Indian cane sugar in any delivery period may             .. . .
  benefit from the guaranteed prices applicable in the subsecruent delivery                   ,j
  period. ,             ■ ' :                                               . .. . .... . I
                                                                        ■                      !
                                                                                               1
                             Article 5                                                         !■
                                                                                          ■ /  !
  1.        White or raw cane sugar shall be marketed on the Community market
  at prioes freely negotiated "between buyers and sellers .
  2.        The Community shall not intervene if and when a Member State
  allows selling prioes within its borders to exceed the Community ^
  threshold prioe .
  3.        The Community undertakes to purchase , at the guaranteed prioe ,
  quantities of white or raw sugar , within the agreed quantity , whioh
  cannot be marketed in the Community at a prioe equivalent to or in excess
  of the guaranteed prioe .
  4*        The guaranteed price , expressed in units of acoount , 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 acoount all
  relevant economic factors , and shall be deoided at the latest by 1 May
  immediately preceding the delivery period to whioh it will apply.
 ---pagebreak---                               - 4 -
5.       For "the period from                  1975 "to 30 June 197"
the guaranteed prices shall he as follows :
          (a) for raw sugar                 s 25.53 units of account per
                                                                   100 kilogrammes .
          (h ) for white sugar              : 31.72 units of account per
                                                                   100 kilogrammes .
                             Artide 6
         Purchase at the guaranteed price, referred to in Article 5\3 )
shall he assured through the medium of the intervention agencies or of
other agents ,, appointed by the Community .
                             Article 7
1.        If , during any delivery period , India fails to deliver the agreed
quantity in full for reasons of     force majeure' , the Commission of the
European Communities shall , at the request of India, allow the necessary
additional period for delivery .
2.       If, during any delivery period , India fails to deliver the agreed
quantity in full for reasons other than     force majeure , that quantity
shall he reduced in respect of each subsequent delivery period "by the
undelivered quantity .
                             Article 8
1.       At the request of India , or of the Community ,
consultations relating to all measures necessary for the application
of this Agreement shall take place within a Joint Committee hereby established
The Committee shall be composed of representatives of the Contracting Parties .
2.       The periodical reviews provided for under this Agreement shall
take place within the agreed institutional framework .
                                                                      • ♦ •/ t • •
 ---pagebreak---                                 Article 9
       This Agreement shall apply to the territories where tne
Treaty establishing the European Economic Community applies , on the
conditions established in the said Treaty , and to the territories to
which the Constitution of the Republic of India applies .
                               Article 10
      This Agreement shall enter into force on                          •
                               Article 11
      After a period of five years from the date on whioh the Agree­
ment enters into force , it may be denounced by the Community , or India , ■'
after giving to the other Party two years notice in writing to that effeot
                               Article 12
      This Agreement is drawn up in two copies in the Danish , Dutch ,
English , French , German and Italian languages each of these texts" being
equally authentic.'