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Document 21979A1031(08)
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
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
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
/* SECOND ACP - EEC CONVENTION SIGNED AT LOME ON 31 OCTOBER 1979 - LOME 2 */
OJ L 347, 22.12.1980, p. 144–146
(DA, DE, EN, FR, IT, NL)
Greek special edition: Chapter 11 Volume 022 P. 240 - OP_DATPRO
No longer in force, Date of end of validity: 30/04/1986
ELI: http://data.europa.eu/eli/prot/1980/3225(7)/oj
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 /* SECOND ACP - EEC CONVENTION SIGNED AT LOME ON 31 OCTOBER 1979 - LOME 2 */
Official Journal L 347 , 22/12/1980 P. 0144
Greek special edition: Chapter 11 Volume 22 P. 0240
++++ 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 CANNOT 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 FRONTIER . 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 REALLOCATED BY THE COMMISSION FOR DELIVERY DURING THE DELIVERY PERIOD IN QUESTION . SUCH REALLOCATION SHALL BE MADE BY THE COMMISSION AFTER CONSULTATION WITH THE STATE 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 REALLOCATED BETWEEN THE OTHER STATES WHICH ARE REFERRED TO IN ARTICLE 3 . SUCH REALLOCATION 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 SURINAM ( A ) THE COMMUNITY UNDERTAKES TO ADOPT THE NECESSARY MEASURES TO ENSURE THE SAME TREATMENT AS PROVIDED FOR IN PROTOCOL 3 , FOR THE FOLLOWING QUANTITIES OF CANE SUGAR , RAW OR WHITE , ORIGINATING IN : BELIZE 39 400 TONNES ST . KITTS-NEVIS-ANGUILLA 14 800 TONNES SURINAM 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 OF LIMITATION OF THE PRINCIPLES ENUNCIATED IN ARTICLE 1 OF THAT PROTOCOL ( 3 ) . ( 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 .