CELEX: 51978PC0344
Language: en
Date: 1978-07-14 00:00:00
Title: Recommendation for a COUNCIL REGULATION (EEC) on the conclusion of the Agreements in the form of exchanges 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 Surinam, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda, and also the Republic of India on the guaranteed prices for cane sugar for 1978/79#Recommendation for a COUNCIL REGULATION (EEC) fixing the guaranteed prices applicable for cane sugar originating in the overseas countries and territories (OCT) for 1978/79 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 344
Vol. 1978/0130
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(78)344 final
                                        *        Brussels . 14 July 1978
                            Recommendation for a
                            COUNCIL REGULATION ( EEC )
       on the conclusion of .the Agreements in the form of exchanges 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
       Surinam , the Kingdom of Swaziland , the United Republic of Tanzania ,
       Trinidad and Tobago , the Republic of Uganda , and also the Republic
       of Indies on the guaranteed prices for cane sugar for 1978 / 79
                            Recommendation for a
                            COUNCIL REGULATION ( EEC )
       fixing the guaranteed prices applicable for cane sugar originating
       in the overseas countries and territories ( OCT ) for 1978 / 79
       ( submitted to the Council by the Commission )
COM ( 78 ) 344 final
 ---pagebreak---                             EXPLANATORY MMORANIXJM
(a) By decision of the Council , the Commission was authorized to enter
     into negotiations on the guaranteed prices for cane sugar for 197S?/79
     with the States referred to in Protocol No 3 on ACP sugar annexed to
     the ACP-EEC Convention of Lome and with the Republic of India .
     The results of those negotiations have to be approved by the relevant-
     authorities of the Community and the countries referred to above .
     The Commission recommends to the Council that the results be
     embodied in agreements in the form of exchanges of letters between
     the Community on the one hand and each of the ACP States concerned
     and the Republic of India on the other. .
(b ) According to a Declaration annexed to the Final . Act of the ACP-EBC
     Convention of Lome , the Community undertook1 to ensure for sugar
     originating in certain overseas countries and territories ( OCT ) the
     same treatment as provided for in Protocol No 3 on ACP sugar .
     The Commission recommends that the Council fix for sugar originating
     in the countries specified by the said Declaration the same guaranteed
     prices for 197#/79 as those agreed with the ACP States .
ANNEXES j I.      Recommendation for a Council Regulation concerning the
                  conclusion of the Agreements in the form of exchanges
                  of letters on the guaranteed prices for cane sugar for
                  1978/79 between the European Economic Community and
                  Barbados , the People 's Republic of the Congo , Fiji , thes
                  Republic of Guyana , Jamaica , the Republic of Kenya ,
                  the Democratic Republic of Madagascar , ! the Republic of
                  Malawi , Mauritius , the Republic of Surinam , the Kingdom
                  of Swaziland , the United Republic of Tanzania , Trinidad
                  and Tobago , the Republic of Uganda . and the Republic of
                  India .
           II .   Drafts exchanges of letters .
         «
            III . Recommendation for a Council Regulation fixing the *
                  guaranteed prices applicable for cane sugar originating
                  in the overseas countries and territories ( OCT ) for
                  1918/7$.
Financial implications
" he above recommendations stem as usual from the annual decisions on
prices. They involve no financial implications other than those already
taken into consideration in the context of the agricultural price
proposals (c®(77)639 fin. of 9.12.49 ??).
 ---pagebreak---                                                                                                               ANNEX 1
                                         COUNCIL REGULATION (EEC)
                on the conclusion of the Agreements in the form of exchanges of letters
                between the European Economic Community and Barbados, the People's Repu­
                blic of the Congo, Fiji, the Cooperative Republic of Guyana, Jamaica, the Repu­
                blic of Kenya, the Democratic Republic of Madagascar, the Republic of Malawi,
                Mauritius, the Republic of Surinam, the Kingdom of Swaziland, the United
                Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda, and also
                    the Republic of India, on the guaranteed prices for cane sugar for . 1978/79
THE COUNCIL      IL OF OF THE
                           THE EUROPEAN
                                 EUROPEAN                             Barbados, the People's Republic of the Congo, Fiji,
 COMMUNITIES,   ES,                                                  the Cooperative Republic of Guyana, Jamaica, the
                     ,      ,   _            ,               „       Republic of Kenya, the Democratic Republic of
 Havidng regard »r11c toto the
                           t e Treaty
                                  reaty establishing
                                         esta is ing the t e Euro
                                                               uro-­ Madagascar,   the Republic    of Malawi,t Mauritius, the
 pean Economic          Community,  '  and  in  particular
                                                v           Article  „     rr    i c         .u v j             c   ■> j .u
                                                                     Republic of Surinam , the Kingdom of Swaziland , the
 1 1 3 thereof,
                                                                     United Republic of Tanzania, Trinidad and Tobago
 Having regard  rd to the recommendation from the                    ancl the Republic of Uganda, on the guaranteed prices
Commission ,                                                         for cane sugar for 1978/7S, and the Agreement in the
                                                                     form of an exchange of letters between the the Euro-
Whereas Protocol tocol 33 on  on ACP
                                  ACP sugar
                                         sugar annexed
                                                 annexed to to the
                                                                the  pean Economic Community and the Republic of
                onvention of Lome('), and the Agree-­
ACP-EEC Convention              of   Lome('  ), and   the   Agree    India on the guaranteed prices for cane sugar 197W79,
ment betweenn the      the European
                            European Economic
                                        Economic Community
                                                     Community       arg hereby approved on behalf of the Community.
and the Republiciblic of India on cane sugar (2), are imple imple-­
 mented in the  he context
                        context ofof the
                                      the management
                                           management of    of the
                                                                the  The texts of these Agreements are annexed to this
                anization of
common organization            of the
                                  the sugar
                                       sugar market
                                               market ;;             Regulation.
Whereas it is appropriate to approve the Agreements
in the form of exchanges of letters between the Euro­                                        Article 2
pean Economic Community and the States referred to
in Protocol 3 on ACP sugar and the Republic of
Surinam , and also the Republic of India, on the                     The President of the Council is authorized to desig­
guaranteed prices for cane sugar for 1973/79,                        nate the person empowered to sign the Agreements
                                                                     referred to in Article 1 in order to bind the Commu­
                                                                      nity .
 HAS ADOPTED THIS REGULATION :
                                                                                             Article 3
                                                                                                      • • • »
                               Artide !
                                                                     This Regulation shall enter into force on the day
The Agreements in the form of exchanges of letters                   following its publication in the Official Journal of
between the European Economic Community and                          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 .
( ' ) O ) No L 2S, 30. I. 1976, p. I.
( ') Oj No L IVO. 23. 7. 1975, p. 36.
 ---pagebreak---                                                                                          AMEX IX
                                        AGREEMENTS
in the form of exchanges of letters between the European Economic Commu­
nity 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 Surinam, the
Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago
 and the Republic of Uganda, on the guaranteed prices for cane sugar for \97S /79
                   ' '                    Letter No * 1
    •                                :                                     Brussels,
Sir,
  1 . The representatives of the ACP States referred to In the Protocol No 3 on ACP
        sugar annexed to the ACP-EEC Convention of Lom6 , and ef the Commission , £n be- ^
        half of the European Economic Community , have agreed within the framework of
        the negotiations provided for in Article 5 (4 ) of the said Protocol , the following :
      - For the period I^July 1978 to 30 June 1979 , the guaranteed prices referred to
         In Article 5 (4 ) of the Protocol shall , for the purposes of intervention within the
 _ ter«s of Article 6 of the Protocol , be                                                   1
         (a) for raw sugar, 27.81 units of account par 100 kilogf-aros ; :
         (b ) for white Gugar , 34.49 units-of account per ICQ kllograas .
 _ These prices , which represent an Increase of about 2% over those of last year ,
        shall refer to sugar of standard quality as defined in , Community legislation ,
        unpacked , c.l.f . European ports of th* Community .
  2 . Having regard to market conditions generally , and to other relevant factors , it
         is expected that the above guaranteed prices for ACP sugar will enable the ACP
     " states concerned to secure on Community markets , during the delivery period 1978 / > 79 ,
      • prices In excess of the market price's for the delivery period 1977/78 as estimated at the
        time of last year 's negotiation .
  3. Although retroactivity is not provided for in respect of the 1978/ 79 prices , it
         Is agreed that this year's decision does not prejudice the position of the ACP states
         In relation to retroactivity In any future negotiation In accordance with Article 4 ( 3)
         of Protocol No 3 to the Convention of Lom6 .                                            1
 4 . The ACP States point out that , as long as the above prices, refer to sugar offered
        c.l.f, European ports , they will have to carry the full burden of freight charges .
        As a result .-. their ex-factory prices have been substantially lower than the ex-     '   .
        faotory prices of European beet producers . The ACP States therefore request the
        Community to consider appropriate ways and means of providing some compensation
        for these charges . The Community takes note of this request .
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 ACP
States referred to in Protocol No 3 and the Community.
Please accept . Sir, the assurance of my highest consideration.
                                                                       For the Council
                                                              of the European Communities
 ---pagebreak---                               - 2 -
                           Letter No 2
                                                   Brussels . ......
Sir ,
                                                                   m
I have the honour to acknowledge receipt of your letter of today
which reads as follows :
I have the honour to confirm the agreement of the Governments of the
ACP States referred to in the Protocol        with the foregoing .
Please accept , Sir , the assurance of my highest consideration .
                                             For the Governments
 ---pagebreak---                                        AGREEMENT
in the form of an exchange of letters between the European Economic Commu­
nity and the Republic of India on the guaranteed prices for cane sugar for
                                           1978 /73
                                         Letter No I
                                                                          Brussels
 Sir,
   1 . The representatives of iheJtepiMic^of-lndiaandof the Commission, on behalf of
""""European Econoaic Community , have agreed within the framework of the negotiations-"
     . provided for in Article 5 (4 ) of the Agreement between the European Economic " '
        CftBoualty-and iha fiepub-Ho–of lndl»«n cane sugar, the following :     :
          For the'perlod I July l Q7R to 30 . June 1979 , the guaranteed orices referred to
' , In Article 5 (4 ) of the Agreement shall ^ for the purposes of intervention
          within the terns of Article 6 of the Agreement , be :
      • (a ) for raw sugar, 27.81 units of account per 100 kilograms ;
       ' (b ) for white sugar, 34.49 units of account per 100 kilograms .
        These prices , which represent an increase of about 2% over those of last year ,
        shall refer to sugar of standard quality as defined in Community legislation
        unpacked , c.l.f * European ports of the Comnunity .
  2 . Having regard to narket conditions generally , and to other' relevant factors , it
        Is expected that the above guaranteed prices for Indian sugar will enable the
        Republic of India to secure on Community markets , during the delivery period
      1978/ 79, prices In excess of the market prices for the delivery period 1977/78 ,
        as estimated at the tine of last year 's negotiation .
  3. Although retroactivity is not provided for In respect of the 1978 / ,79 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 on cane sugar.
 4 . The Republic of India points out that , as long as the above prices refer to
    + sugar offered c.l.f . European ports , It will have to carry the full burden
        of freight charges . As a result , Its ex-factory prices have been sub­
        stantially lower than the ex-factory prices of European beet producers .
        The Republic of India therefore requests the Community to consider appropriate
       way's and aeans of providing soae compensation for these charges . The Community
        takes note of this request .
  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 Comnunity .
  Please accept . Sir, the assurance of ay highest consideration .
                                                           ,    For the Council
                                                          of the European Commission
 ---pagebreak---                                 - 2 -
                             Letter No 2
                                                    Brussels , ....
Sir ,
I have the honour to acknowledge receipt of your letter of today
which reads as follows s
it                   n                                          - .
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
 ---pagebreak---                                                                                                              ANNEX III
                                       COUNCIL REGULATION (EEC)
                 fixing the guaranteed prices applicable for cane sugar originating in the over­
                                     seas countries and territories (OCT) for 1978 /73
  THE COUNCIL OF THE EUROPEAN                                    necessary for the Council to fix the same guaranteed
  COMMUNITIES.                                                   prices for cane sugar originating in the overseas coun­
                                                                 tries and territories, concerned,
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 136
  thereof.                                                        HAS ADOPTED THIS REGULATION :
  Having regard to the recommendation from the
  Commission ,                                                                            Article 1
  Whereas, in accordance with the terms of Annex XXI              For the period 1 July 1978 to 30 June 1979 the
  to the Final Act of the ACP-EEC Convention of                  guaranteed prices referred to in Article 4 (4) of Annex
  Lome (' ), the Community guarantees, for cane sugar             IV to Decision 76/ 568 / EEC shall be as follows :
  originating in the overseas countries and territories          (a) for raw sugar,        units of account per 100 kilo­
  mentioned in the said Annex, the same treatment as
                                                                      grams ;                                    -
  provided for in Protocol 3 on ACP sugar annexed to
  the said Convention ;                                          (b) for white sugar, 3*f.M9units of account per 100
                                                                      kilograms.
  Whereas- Council Decision 76/568/EEC of 29 June
   1 976 on the association of the overseas countries and        These prices shall refer to sugar of standard quality as
  territories with the European Economic Commu­                   defined in Community rules, unpacked, and cif Euro­
  nity (2) embodies the application of this principle ;           pean ports- of the Community. ;
. whereas in accordance with Article 4 (4) of Annex IV
  to that Decision the guaranteed prices are fixed annu­                                  Article 2
  ally ;
                                                                  This Regulation shall enter into force on the day
  Whereas the guaranteed prices valid for 197S/79 for             following its publication in the Official Journal of
  cane sugar originating in the ACP States have been              the European Communities.
  fixed by Agreements in the form of exchanges of
   letters with the relevant ACP States ; whereas it is now       It shall apply with effect from
                  This Regulation shall be' binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels,
                                                                              For the Council
                                                                               The President
    ( ' ) OJ No L 25, 30. I. 1976, p. I.
    (') OJ No L 176, I. 7. 1976, p. 8.