L 232/40 Official Journal of the European Union 1.7.2004 II (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 28 June 2004 on the request by Burkina Faso to accede to the Protocol on ACP Sugar (2004/527[EC) THE COUNCIL OF THE EUROPEAN UNION, () In a letter of 30 September 2002, the ACP States signified their assent to the accession of Burkina Faso to the said Protocol. Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction (4 An examination of the _request of Burkina Faso has with the first sentence of Article 300(2) thereof, shown that the country is not a net exporter of sugar and is not capable of exporting sugar on a permanent basis. Having regard to the proposal from the Commission, . . 1 . . (5) It is appropriate to transmit this conclusion to Burkina Faso by letter, Whereas: HAS DECIDED AS FOLLOWS: Sole Article (1) The Joint Declaration on Protocol 3 on ACP Sugar to the ACP-EC Partnership Agreement () provides that any The request by Burkina Faso to accede to Protocol 3 on ACP request from an African, Caribbean or Pacific (ACP) sugar to the ACP-EC Partnership Agreement is not accepted. State Contracting Party to the Convention not specifically . referred to in that Protocol to participate in its provisions The attached letter shall be sent to Burkina Faso. shall be examined. Done at Luxembourg, 28 June 2004. ()  Burkina Faso is an ACP State Contracting Party to the For the Council ACP-EC Partnership Agreement and it requested in . November 2000 to participate in the provisions of the The President said Protocol. M. CULLEN () OJ L 317, 15.12.2000, p. 269.