CELEX: 51995PC0464
Language: en
Date: 1995-10-06
Title: Proposal for a COUNCIL DECISION on the conclusion of the Agreements in the form of an exchange of letters between the European Community and, on the one hand, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of the Ivory Coast, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, Mauritius, the Republic of Surinam, St. Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia, the Republic of Zimbabwe and, on the other hand, the Republic of India, on the guaranteed prices for cane sugar for the 1994/95 delivery period

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     Brussels, 06.10.1995
                                                     COM(95) 464 final
                                                     95/0242 ( A C Q
                                      Proposal for a
                                 COUNCIL DECISION
    on the conclusion of the Agreements in the form of an exchange of letters
    between the European Community and, on the one hand, Barbados, Belize,
       the Republic of the Congo, Fiji, the Cooperative Republic of Guyana,
         the Republic of the Ivory Coast, Jamaica, the Republic of Kenya,
  the Republic of Madagascar, the Republic of Malawi, Mauritius, the Republic of
Surinam, St. Christopher and Nevis, the Kingdom of Swaziland, the United Republic
of Tanzania, Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia,
     the Republic of Zimbabwe and, on the other hand, the Republic of India,
      on the guaranteed prices for cane sugar for the 1994/95 delivery period
                              (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
   Protocol No 8 on ACP sugar annexed to the Fourth ACP-EEC Convention and the
   agreement on sugar between the European Community and the Republic of India
   provide for a Community undertaking to purchase and import at guaranteed prices
   cane sugar which the exporting countries concerned cannot market in the Community
   at prices equivalent to or higher than the guaranteed prices.
   For the 1994/95 delivery period, the Commission has negotiated guaranteed prices
   with the ACP States and the Republic of India pursuant to Articles 5(4) of Protocol
   No 8 on ACP sugar and the agreement with India on cane sugar as well as in
   conformity with the guidelines for negotiations given by the Council on 14.11.1994.
3. The Commission therefore proposes that the Council adopt the proposal for a
   decision on the conclusion of the agreements in the form of an exchange of letters
   as set out in Annex 1.
   Financial impact:
   These proposals have no financial impact other than that taken into account within the
   framework of the 1994 budget and the 1995 preliminary draft budget (see financial
   statement accompanying the recommendation for a Council decision authorizing the
   Commission to negotiate the guaranteed prices for 1994/95).
 ---pagebreak---                                        Proposal for a
                          COUNCILPECISION(EC) N.
                                    of
      on the conclusion of the Agreements in the form of an exchange of letters
      between the European Community and, on the one hand, Barbados, Belize,
         the Republic of the Congo, Fiji, the Cooperative Republic of Guyana,
           the Republic of the Ivory Coast, Jamaica, the Republic of Kenya,
    the Republic of Madagascar, the Republic of Malawi, Mauritius, the Republic of
Surinam, St. Christopher and Nevis, the Kingdom of Swaziland, the United Republic
 of Tanzania, Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia,
       the Republic of Zimbabwe and, on the other hand, the Republic of India,
        on the guaranteed prices for cane sugar for the 1994/95 delivery period
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas implementation of Protocol 8 on ACP Sugar annexed to the Fourth ACP-EEC
Convention(1) and of the Agreement between the European Community and the Republic of
India on cane sugar(2) is carried out, in accordance with Article 1(2) of each, within the
framework of the management of the common organization of the sugar market;
Whereas it is appropriate to approve the Agreements in the form of exchange of letters
between the European Community and, on the one hand, the States referred to in the
Protocol and, on the other hand, the Republic of India on the guaranteed prices for cane
sugar for the 1994/95 delivery period,
(1)
        OJ No L 299, 17.8.1991, p. 1.
(2)
        OJ No L 190, 22.7.1975, p. 35.
                                             3
 ---pagebreak--- HAS DECIDED AS FOLLOWS:
                                         Article 1
The Agreements in the form of exchange of letters between the European Community and,
on the one hand, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic
of Guyana, the Republic of the Ivory Coast, Jamaica, the Republic of Kenya, the Republic
of Madagascar, the Republic of Malawi, Mauritius, the Republic of Surinam, St. Christopher
and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and
Tobago, the Republic of Uganda, the Republic of Zambia, the Republic of Zimbabwe and,
on the other hand, the Republic of India on the guaranteed prices for cane sugar for the
1994/95 delivery period are hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
                                         Article 2
The President of the Council is hereby authorized to designate the person empowered to
sign the Agreements referred to in Article 1 in order to bind the Community.
                                         Article 3
This Decision will be published in the Official Journal of the European Communities.
Done at Brussels,                                                     For the Council
 ---pagebreak---                                              Text No I
                                          AGREEMENT
          in the form of exchange of letters between the European Community and,
              on the one hand, Barbados, Belize, the Republic of the Congo, Fiji,
      the Cooperative Republic of Guyana, the Republic of the Ivory Coast, Jamaica,
        the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi,
                 Mauritius, the Oepublic of Surinam, St. Christopher and Nevis,
    the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago,
        the Republic of Uganda, the Republic of Zambia, the Republic of Zimbabwe
                          and, on the other hand, the Republic of India
            on the guaranteed prices for cane sugar for the 1994/95 delivery period.
                                            Letter No 1
                                                          Brussels,
Sir,
The representatives of the ACP States referred to in Protocol 8 on ACP sugar annexed to
the Fourth ACP-EEC Convention of Lomé and of the Commission on behalf of the European
Community, have agreed, pursuant to the provisions of the said Protocol, on the following:
For the delivery period 1 July 1994 to 30 June 1995, the guaranteed prices referred to in
Article 5(4) of the Protocol shall, for the purpose of intervention within the terms of Article 6
of the Protocol, be(1):
(a)      for raw sugar:        ECU 52.37 per 100 kilograms;
(b)      for white sugar:      ECU 64.65 per 100 kilograms.
These prices shall refer to sugar of standard quality as defined in Community legislation,
unpacked, cif free out European ports of the Community. The introduction of these prices in
no way prejudices the respective positions of the Contracting Parties in respect of the
principles appertaining to the determination of the guaranteed prices.
(1)
         It is understood by both parties that the prices contained in this agreement are
         expressed in the Ecu as it exists at the time of the agreement. In terms of the Ecu
         which are applied until 31.1.1995 the prices should be understood as being :
         a)      for raw sugar:      ECU 43.37 per 100 kilograms;
         b)      for white sugar:     ECU 53.54 per 100 kilograms.
 ---pagebreak--- I should be obliged if you would acknowledge receipt of this letter and confirm that this letter
and your reply constitute an Agreement between teh Governments of the abovementioned
ACP States and the Community.
Please accept, Sir, the assurance of my highest consideration.
                                                                    For the Council
                                                              of the European Union
                                       Letter No 2
                                                      Brussels,
Sir,
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 this letter with the foregoing.
Please accept, Sir, the assurance of my highest consideration.
                                                               For the Governments
 ---pagebreak---                                            Text No It
                                         AGREEMENT
          in the form of an exchange of letters between the European Community
                      and the Republic of India on the guaranteed prices
                         for cane sugar for the 1994/95 delivery period
                                          Letter No 1
                                                        Brussels,
Sir,
The Representatives of India and of the Commission, on behalf of the European Community,
have agreed within the framework of the negotiations provided for in Article 5(4) of the
Agreement between the European Community and the Republic of India on cane sugar, on
the following:
For the period 1 July 1994 to 30 June 1995 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(1):
(a)     for raw sugar:         ECU 52.37 per 100 kilograms;
(b)     for white sugar:       ECU 64.65 per 100 kilograms.
These prices shall refer to sugar of standard quality as defined in Community legislation,
unpacked, cif free out European ports of the Community. The introduction of these prices in
no way prejudices the respective positions of the Contracting Parties in respect of the
principles appertaining to the determination of the guaranteed prices.
d)      It is understood by both parties that the prices contained in this agreement are
        expressed in the Ecu as it exists at the time of the agreement. In terms of the Ecu
        which are applied until 31.1.1995 the prices should be understood as being :
        a)      for raw sugar:      ECU 43.37 per 100 kilograms;
        b)      for white sugar:    ECU 53.54 per 100 kilograms.
                                                 >
 ---pagebreak--- 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.
Yours faithfully,
                                                                   For the Council
                                                             of the European Union
                                       Letter No 2
                                                             Brussels,
Sir,
  have the honour to acknowledge receipt of your letter of today which reads as follows:
  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---        FINANCIAL STATEMENT
       BUDGET HEADING: 11                                                              APPROPRIATIONS:
                                                                                       ECU 1.789 million
2.     TITLE:
       Council Decision No ... on the conclusion of the Agreements in the form of an exchange of letters between the
       European Community and, on the one hand, the ACP states and, on the other hand, the Republic of India on (he
       guaranteed prices for cane sugar or the 1994/95 delivery period.
3.     LEGAL BASIS: Article 113 of the Treaty
       AIMS:
       To guarantee cif prices for the ACP States and the Republic of India for their deliveries of white sugar and raw cane
       sugar to the Community which are comparable with the prices guaranteed to sugar producers in the Community for the
       1994/95 delivery period.
       FINANCIAL IMPLICATIONS:                               PERIOD OF 12              CURRENT                FOLLOWING
                                                                 MONTHS                FINANCIAL               FINANCIAL
                                                                                           YEAR                   YEAR
                                                                                            (95)                   (96)
                                                              (ECU million)           (ECU million)           (ECU million)
5.0.   EXPENDITURE
       - CHARGED TO THE EC BUDGET
         (REFUNDS/INTERVENTION)
       - NATIONAL AUTHORITIES
       - OTHER
5.1.   REVENUE
       - OWN RESOURCES OF THE EC
         (LEVIES/CUSTOMS DUTIES)
       - NATIONAL
                                                                1997              1998              1999             2000
5.0.1. ESTIMATED EXPENDITURE
5.1.1. ESTIMATED REVENUE
5.2.
6.0.   CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT
       CHAPTER OF THE CURRENT BUDGET?                                                                              YES
       CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT
       BUDGET?
6.2.   WILL A SUPPLEMENTARY BUDGET BE NECESSARY?                                                                        NO
6.3.   WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                              YES
OBSERVATIONS       The financial consequences of this proposed Regulation have already been calculated in the
                   recommendation for a Council Decision covering the same subject.
                   Cf. Written procedure E 1674/94 of 11 October 1994.
 ---pagebreak---  ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(95) 464 final
                                              DOCUMENTS
EN                                                                        03 11
                                     Catalogue number : CB-CO-95-508-EN-C
                                                              ISBN 92-77-94105-7
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