JOINT ASSEMBLY OF THE CONVENTION CONCLUED BETWEEN THE AFRICAN, CARIBBEAN AND PACIFIC STATES AND THE EUROPEAN COMMUNITY (ACP-EC)

RESOLUTION () on revision of the Directive on chocolate

The ACP-EU Joint Assembly,

- meeting in Luxembourg from 23 to 26 September 1996,

A. reiterating its resolution on the use of vegetable oils other than cocoa butter in the manufacture of chocolate, adopted at Windhoek (Namibia) in March 1996,

B. whereas in April 1996 the Commission approved a proposal for amendment of Directive 73/241/EEC of 1973 authorizing the replacement of 5 % of the cocoa butter in the manufacture of chocolate seeking to introduce the use of vegetable oil other than cocoa butter up to 5 % by weight of finished product,

C. whereas Directive 73/241/EEC prohibits the addition of vegetable fats in products called chocolate,

D. stressing that the economies of a number of ACP countries are heavily dependent on cocoa exports, stressing also the importance of the Community market for exports of cocoa beans and of products derived from cocoa, to all cocoa-producing countries and in particular to 31 ACP States,

E. concerned at the disastrous economic and financial repercussions for the ACP cocoa exporting countries, and that some experts estimate that revenue losses would be ECU 270 million per annum,

F. whereas the Stabex funding provided to encourage the economic development of ACP countries, which covers barely 40 % of the requirements of ACP countries, will not meet ACP countries requirements to cover export revenue losses caused by the introduction of vegetable oil other than cocoa butter,

G. whereas under the International Agreement on cocoa, ratified by the Member States of the European Union in 1994, importing countries have undertaken to stimulate consumption of cocoa by adopting the necessary measures to aid producer countries,

H. whereas the multinationals in the chocolate industry have already developed technical processes enabling them to replace cocoa butter with other inexpensive vegetable oils (palm oil, rapeseed, etc.) in order to reduce the cost of production,

I. whereas the technical resources available at present do not permit detection of vegetable-based fat content, so there is a real risk of more than 5 % vegetable oil being used,

J. aware of the fact that the above-mentioned draft Directive presented by the Commission is currently under consideration by the European Parliament and the Council,

K. aware also of the deliberation process under way in the Codex Alimentarius Committee with a view to revision of the international quality and health standards for cocoa and cocoa products,

L. whereas the conclusions of the Nordmann report, adopted by the European Parliament in 1986, are still valid in the current state of scientific development,

M. recalling the contractual commitments of the European Union vis-à-vis the ACP countries both under the Lomé Convention,

1. Believes that the Commission proposal is in full contradiction with the framework and contents of the Fourth Lomé Convention, notably as regards the promotion of exports from ACP countries;

2. Strongly believes that such a penalization of the export of one of the most important ACP products contradicts the need to reinforce ACP economies;

3. Invites the Council of the European Union and the European Parliament to reject the proposal for amendment of Directive 73/241/EEC;

4. Calls on the Council and the European Parliament to ban the use of vegetable oils other than cocoa butter in order to harmonize provisions in the European Union and create a situation of competition with the United States, which bans the use of vegetable oils;

5. Calls on the Council, the Member States and the Commission to take the necessary measures to permit the seven European Union countries which permit the use of vegetable oil other than cocoa butter to adapt gradually to Directive 72/241/EEC by banning the use of vegetable oil;

6. Invites the Council and the Member States to respect the undertaking they entered into in the International Cocoa Agreement;

7. Calls on the European Union to defend the interests of the ACP States at the 16th meeting of the Codex Alimentarius Committee scheduled to take place from 30 September 1996 to 2 October 1996 in Thun, Switzerland;

8. Instructs its Co-Presidents to forward this resolution to the ACP-EU Council, the Commission and the signatory states of the Lomé Convention.