A Brief
History
....................................................................................................................................................
Sugar cane is
linked with human settlements in most ACP sugar supplying countries.
Sugar cane became established in these ACP countries owing to its
remarkable adaptability to their prevailing climates; whilst numerous
attempts to undertake commercial cultivation of other crops failed.
The relationship between the European Union and the 77 countries of the
African, Caribbean and Pacific group has developed on the basis of
successive conventions, which have formed, since 1975, the framework
for co-operation structures and mechanisms between these two groups.
Today, 18 ACP states are able to export cane sugar under the ACP/EU
Sugar Protocol of the Agreement of Special Preferential Sugar.
Imperial
Preference and the CSA
On 1 September
1919, a new regime of preferential tariff treatment was extended
to British Empire Sugar at varying rates, and then between 1925 and
1928,
preference was established for Empire Sugar.
In 1928, the duty
scale was altered in order to protect the British refiners against the
import of refined sugar. In return for the protection thus afforded to
them, the United Kingdom refiners gave an undertaking to the Government
that they would buy Commonwealth sugar rather than foreign sugar, and
that the whole benefit of the tariff preference would accrue to the
Commonwealth producer.
During World
War II, and for several years after, the British government bought
all the exportable surpluses of the Commonwealth sugar industries at
prices much better than those prevailing before the war, but for the
most part well below the ruling world market prices.
In 1948,
discussions began on a long-term agreement. The British government
wished to obtain assured supplies from the sterling area, both for
balance of payments reasons and in order to lift the rationing of sugar
as soon as possible. Governments of Commonwealth territories, on the
other hand, wanted to re-equip and expand their industries on a sound
basis.
The result was the
Commonwealth Sugar Agreement (CSA), signed in London on 21 December
1951, which gave formal effect to the principles which had been
followed during the preceding years.
The objectives of
the CSA were stated as follows: "This Agreement is formalised from the general
understanding that has been reached between the parties that is
desirable on the terms and conditions arrived at to have a long-term
agreement for supplying sugar to the United Kingdom, for developing the
production of sugar in the Commonwealth countries and for the orderly
marketing of that sugar."
Under the CSA,
irreducible import quotas were established for Britain and there was a
single Commonwealth price, the 'negotiated price'. In 1968, the concept
of indefinite duration was introduced in the CSA.
The European
Economic Community (EEC) was founded in 1952 by six countries: Belgium,
France, Germany Italy, Luxembourg, and the Netherlands. The
Treaty of Rome (1952), in its Article 39, established the aims and principles
of the Common Agricultural Policy. The EEC sugar markets were organized
differently in each founding member state until the establishment of a
common organization of the markets in 1968: the EU sugar Regime.
It was at the end
of the 1950's that cooperation between the African, Caribbean and
Pacific countries and the considered as an entity was born. In 1958,
the six founding member states of the EEC decided to grant financial
aid to the countries and regions under their jurisdiction at the time.
During the years
that immediately followed, most of these countries gained their
independence and entered into an association with the European
Community. The road was now open for dialogue and cooperation, and this
eventually led to the signing in 1963 of the first Yaoundé
Convention between the Associated African and Malagasy States (AAMS)
and the EEC of Six.
The Yaoundé
Convention was a major landmark initiating a generation of
comprehensive five-yearly trade and aid agreements, freely and
collectively negotiated between an enlarging EEC and an enlarging group
of developing countries from Africa and later the Caribbean and Pacific.
In 1973, came the
enlargement of the EEC from six to nine countries with the accession of
the United Kingdom, Ireland and Denmark. This significant enlargement,
especially by the membership of the UK, led to many Commonwealth
countries - those of Africa, the Caribbean and the Pacific - seeking to
establish a cooperation relationship with the newly enlarged European
Community. Thus it was that in July 1973, seated around the negotiation
table were not only the AAMS countries and the enlarged EEC but also
the Commonwealth states from African, Caribbean and Pacific regions and
certain other states. The general sentiment of all participants was a
clear desire for a new international development cooperation policy.
In the eighteen
months that followed, the three groups of countries (A, C and P)
speaking with "one voice" managed to put aside their divergences and to
pursue their common interests. Thus it was that the then spokesman of
the African countries was able to speak on behalf of all the ACP states
when he said, "Thus you have before
you (...) a single group of ACP
countries which wanted to recognize their common destiny (...)".
Accession
of the UK to the EEC and Accession of the CSA to the EU
Sugar Regime
The United Kingdom
joined the European Economic Community in 1974. Prior to that date,
Britain had already tabled a proposal that specific provision should be
made to allow the importation of guaranteed tonnages of sugar which the
UK had been purchasing at negotiated prices under the Commonwealth
Sugar Agreement.
On 21 November
1970, the European Commission acknowledged the need to safeguard the
interests of the developing countries party to the CSA and to provide
reasonable access into the enlarged Community for their sugar. The
Commission suggested that the methods for implementing these proposals
should be discussed in 1975.
On 11 May 1971,
the Council of Ministers of the six founding member states of the EU
agreed on a proposal which was presented to Britain at a joint session
on 12-13 May 1971. This proposal was later enshrined in Protocol 22
annexed to the Treaty of Accession of the UK to the EEC. The case of
sugar would be settled within the framework of the relations to be
established between the "Associated States" and the enlarged Community,
and bearing in mind, with regard to sugar exports, the importance of
this product to the economies of ACP developing countries.
The text of the
Protocol 22 of the UK Treaty of Accession reads: "The Community will have
as its firm purpose the safeguarding of the interests of the countries
referred to in this Protocol whose economies depend to a considerable
extent on the export of primary products, and particularly of sugar.
The question of sugar will be settled within this framework, bearing in
mind, with regards to exports of sugar, the importance of this
production for the economies of several of these countries and of the
Commonwealth countries in particular."
The chief British
negotiator, Mr Geoffrey Rippon, the Minister of State at the Foreign
Office, stated to the House of Commons that, "the Community's offer was
a specific and moral commitment and that the assurances which
successive British Governments had given to the developing countries
had now been double-banked by the Community's commitment". He
added, "I
can now say this to the developing sugar producing countries of the
Commonwealth: there would be room in the enlarged Community, of which
Britain would be a part, for present quantities of sugar from these
countries at remunerative prices, and for the development of beet sugar
production."
On 22 January
1972, on the conclusion of its negotiations with the Six, the United
Kingdom signed the Treaty of Accession, of which Protocol 22 was a
part, and became a full member of the EEC on 1 January 1973.
Negotiations
between the EEC and the ACP States started in Brussels on 25th July
1973 and ended on 1st February 1975 with an agreement on a new
Convention of Association (the Lomé Convention) between the EC
and the ACP States.
The Sugar
Protocol, which had been negotiated separately, took effect on 28th
February 1975 pending the entry into force of the Convention of
Lomé. The Protocol incorporated the essential guarantees of
duration, remunerative prices and export quotas which were contained in
the Commonwealth Sugar Agreement and for which the developing sugar
exporting countries of the Commonwealth had been struggling over so
many years to retain.
The Sugar
Protocol, finally agreed in 1975, effectively translated a UK
commitment to the Commonwealth sugar producing states (excluding
Australia) into an EU commitment to the ACP States.
From
Lomé to Cotonou
On 23 June 2000
the new Partnership Agreement between the 77 ACP countries and the 15
member states of the European Union was signed in Cotonou. The ACP/EU
Sugar Protocol is now annexed to Annex V of the new ACP/EU Partnership
Agreement.
The Agreement lasts for twenty years and contains a clause allowing it
to be revised every five years. Alongside the Agreement is a financial
protocol. Covering each five-year period, this indicates the total
resources that are available to the ACP through the European
Development Fund (EDF). For the period now to start, the EDF (called
the 9th EDF) contains euro 15.2 billion for the ACP. In addition,
outstanding funds from previous EDFs can be used (approximately euro 10
billion).
The Cotonou Agreement builds on twenty-five years of ACP-EU cooperation
under four successive Lomé Conventions. This provided a model of
development cooperation based on the principles of partnership,
dialogue, contractually agreed rights and obligations and
predictability of (financial) support.
Economic and trade cooperation is the first pillar of ACP-EU
cooperation. However, compared to previous Lomé Conventions, the trade
regime will undergo a profound transformation. The current all-ACP
non-reciprocal tariff preferences will be maintained until 31 December
2007. From 2008, a set of reciiprocal Economic Partnership Agreements
(EPAs) or alternative trade arrangements will normally replace them,
following negotiations that will begin in September 2002. These
agreements should be compatible with the rules of the World Trade
Organisation (WTO). ACP countries are invited to sign as groups or
individually, building on their own regional integration schemes.