Protocol 7 To Third Acp-Eec Convention 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
Source: Unofficial Text, http://www.acpsec.org/en/conventions/lome3e.htm, accessed February 15, 2006
PROTOCOL 3
on ACP sugar
Article 1
1. The Community undertakes for an indefinite period to purchase and impost, 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 organisation of the sugar market which, however, shall in no way prejudice the commitment, if 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 I 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 metric tons of white sugar, hereinafter referred to as agreed quantities, for delivery in each twelve-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 may not 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 metric tons 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 twelve-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 landlocked States, across frontiers.
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 I 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 have the additional period referred to in paragraph 1, to shortfall shall be re-allocated by the Commission for derive during the delivery period in question. Such re-allocation shall be made by the Commission after consultation with the State concerned.
3. If, during any delivery period, a sugar-exporting ACP States fails to deliver its agreed 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 re-allocated between the other States which are referred to in Article 3. Such re-allocation shall be made in consultation wit 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 a 11 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 rev dews 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 m, 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 participation the provisions of that Protocol shall be examined (1).
2. Declaration by the Community concerning sugar originating in Belize, St-Kitts-Nevis-Anguilla and Suriname
(a) The Community undertakes to adopt the necessary mesure to ensure the same treatment as provided for in Protocol No 3, for the following quantities of cane sugar, raw or white originating in:
Belize 39 400 metric tons
St-Kitts-Nevis-Anguilla 14 800 metric tons
Suriname 4 000 metric tons
(b) Nevertheless, in respect of the period up to 30 June 19 the quantities shall be as follows:
Belize 14 800 metric tons
St-Kitts-Nevis-Anguilla 7 900 metric tons (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 purpose of juridical security and does not represent for the Community any qualification or limitation of the principles enunciated Article l of that Protocol (3).
