REGULATION (EEC) No 1702/74 OF THE COUNCIL of 25 June 1974 on the conclusion of the Agreement in the form of an exchange of letters amending the provisions of the exchange of letters of 30 January 1974 relating to Article 3 of Protocol No 8 of the Agreement between the European Economic Community and the Portuguese Republic

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 provisions of the exchange of letters of 30 January 1974 relating to Article 3 of Protocol No 8 to the Agreement between the European Economic Community and the Portuguese Republic, signed in Brussels on 22 July 1972, should be amended and the Agreement in the form of an exchange of letters, which has been negotiated to this effect and which is to be signed on 26 June 1974, should be concluded,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement in the form of an exchange of letters amending the provisions of the exchange of letters of 30 January 1974 relating to Article 3 of Protocol No 8 of the Agreement between the European Economic Community and the Portuguese Republic, is hereby concluded on behalf of the Community.

The text of the letters is annexed to this Regulation.

Article 2

The President of the Council is hereby authorized to appoint the person empowered to sign the Agreement in the form of an exchange of letters referred to in Article 1 and to grant him the powers necessary for the purpose of binding the Community.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 25 June 1974.

For the Council

The President

H. D. GENSCHER

AGREEMENT in the form of an exchange of letters amending the provisions of the exchange of letters of 30 January 1974 relating to Article 3 of Protocol No 8 of the Agreement between the European Economic Community and the Portuguese Republic

Letter No 1

Brussels, ...

Sir,

I have the honour to refer to the exchange of letters of 30 January 1974 relating to Article 3 of Protocol No 8 to the Agreement between the European Economic Community and the Portuguese Republic and concerning imports of tomatoes which are prepared or preserved otherwise than by vinegar or acetic acid and originate in and come from Portugal.

The said exchange of letters specifies that the arrangements applicable in this field form part of a provisional solution valid until the establishment of common arrangements for trade with third countries in products processed from fruit and vegetables and that the details contained therein will be applicable until 30 June 1974 at the latest. In addition, the Community indicates therein that, should the entry into force of the common arrangements not take place until after 30 June 1974, it would be prepared to lay down a rate of increase of the quantities for the period from 1 July to 31 December 1974, should that prove necessary in view of the state of the market.

I have the honour to inform you that, in order to respect its commitments and pending the entry into force of the common arrangements, the Community is prepared to increase the quantities laid down for 1974 by 8 000 metric tons for imports of the products referred to in paragraph 1 to the Community as originally constituted and 12 000 metric tons for imports of the said products to the new Member States. Accordingly, Portugal would undertake to take all necessary measures in order that the quantities supplied to the Community in 1974 do not exceed 90 000 metric tons, comprising 28 000 metric tons to the Community as originally constituted and a total of 62 000 metric tons to Denmark, Ireland and the United Kingdom.

The provisions of the exchange of letters of 30 January 1974 relating to the assurances as regards prices of imports into the Community remain valid until the entry into force of the common arrangements or at latest 31 January 1975.

I should be grateful if you would confirm the agreement of your Government with the content of this letter.

Please accept, the assurance of my highest consideration.

For the Council of the European Communities

Director-General

Letter No 2

Brussels, ...

Sir,

I hereby acknowledge receipt of your letter of today, worded as follows:

"I have the honour to refer to the exchange of letters of 30 January 1974 relating to Article 3 of Protocol No 8 to the Agreement between the European Economic Community and the Portuguese Republic and concerning imports of tomatoes which are prepared or preserved otherwise than by vinegar or acetic acid and originate in and come from Portugal.

The said exchange of letters specifies that the arrangements applicable in this field form part of a provisional solution valid until the establishment of common arrangements for trade with third countries in products processed from fruit and vegetables and that the details contained therein will be applicable until 30 June 1974 at the latest. In addition, the Community indicates therein that, should the entry into force of the common arrangements not take place until after 30 June 1974, it would be prepared to lay down a rate of increase of the quantities for the period from 1 July to 31 December 1974, should that prove necessary in view of the state of the market.

I have the honour to inform you that, in order to respect its commitments and pending the entry into force of the common arrangements, the Community is prepared to increase the quantities laid down for 1974 by 8 000 metric tons for imports of the products referred to in paragraph 1 to the Community as originally constituted and 12 000 metric tons for imports of the said products to the new Member States. Accordingly, Portugal would undertake to take all necessary measures in order that the quantities supplied to the Community in 1974 do not exceed 90 000 metric tons, comprising 28 000 metric tons to the Community as originally constituted and a total of 62 000 metric tons to Denmark, Ireland and the United Kingdom.

The provisions of the exchange of letters of 30 January 1974 relating to the assurances as regards prices of imports into the Community remain valid until the entry into force of the common arrangements or at latest 31 January 1975.

I should be grateful if you would confirm the agreement of your Government with the content of this letter."

I have the honour to confirm the agreement of my Government with the content of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Portuguese Republic