COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 8 final 
Brussels, 24 January 1994 
Proposal for a 
COUNCIL DECISION 
concerning the signing and provisional application 
of the international Cocoa Agreement 1993 on behalf 
of the Community. 
(presented by the Commission) 
Explanatory memorandum 
1. By Written Procedure E/93/1776-COM(93)513, dated 26 October, the 
Commission approved a proposal for a council Decision concerning 
the signing and provisional application of the International Cocoa 
Agreement 1993 on behalf of the Community and its Member States. 
2. with the entry into force of the Treaty on European Union, Article 
116 of the Treaty of Rome which, together with Article 113 had 
formed the legal basis for the proposal, ceased to exist. 
3. since the adoption and implementation by the community of the 
International Cocoa Agreement 1993 was a question of urgency, a 
pragmatic solution was deemed to represent the best response. 
4. This new proposal accordingly reflects these considerations, while 
taking care to retain as much as possible of the structure of the 
original proposal. 
J 
Proposal for a Council Decision of ... 
concerning the signing and provisional application 
of the International Cocoa Agreement 1993 
on behalf of the Community 
The Council of the European Union, 
Having regard to the Treaty establishing the European : Community and 
in particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas the International cocoa Agreement 1993 negotiated on the basis of 
Resolution 93 (IV), the "new partnership for development: Cartagena 
Commitment" and the relevant objectives in the final document "Cartagena 
Spirit" adopted by the United Nations Trade and Development Conference at 
its eighth session, is open for signing from 16 August to 30 September 1993; 
Whereas under the Decision adopted by the International Cocoa Council at the 
46th regular session held in London from 9 to 18 September 1993, the 
deadline for the signing and also the ratification, acceptance or approval 
of the International Agreement 1993 was extended from 1 October 1993 to 
28 February 1994; 
Whereas the International Cocoa Agreement 1986 expired on 30 September 1993 
and whereas the new Agreement must be applied as soon as possible; 
whereas the objectives pursued by the Agreement fit into the context of the 
common commercial policy; 
Whereas the Member states are called upon to participate, by financial 
contributions, in the actions provided for by the said Agreement; 
Whereas all the Member States have expressed their intention to sign, and to 
contribute towards provisional application of the Agreement and whereas the 
Community should sign the Agreement lodged with the Secretary-General of the 
United Nations and notify, by 28 February 1994, its intention to apply the 
new Agreement provisionally. 
HAS DECIDED AS FOLLOWS: 
Article 1 
1. The Community shall sign by 28 February 1994 the International Cocoa 
Agreement 1993 lodged with the Secretary-General of the United Nations. 
The text is attached to this Decision. 
2. The Community shall notify the Secretary-General of the United Nations of 
its intention to apply the International Cocoa Agreement 1993 on a 
provisional basis, in accordance with Articles 55 and 56(2) of the 
Agreement. 
Article 2 
The President of the council is hereby authorized to designate the person 
empowered to sign the Agreement and deposit the notification of provisional 
application on behalf of the Community. 
Done at Brussels, For the Council 
The President 
Declarations to be entered in the minutes 
The Council and the Commission declare that, in view of the particular 
urgency of the entry into force of the International Cocoa 
Agreement 1993, this Decision is being adopted in order to enable the 
Agreement to enter into force as soon as possible. It is being taken 
with the pragmatic aim of adhering as closely as possible to existing 
practices and it does not prejudice the basis and nature of future 
measures concerning commodities, including the renewal of this Agreement. 
The Member States' representatives meeting within the Council declare 
that their governments are prepared to sign the new International 
Agreement on cocoa as soon as possible, together with the Community, and 
to ensure, by common accord with the European Community, its provisional 
application. 
Those states which cannot decide to apply the Agreement on a provisional 
basis by an act of their Government will begin their parliamentary 
ratification procedures as soon as possible. Pending ratification they 
will take all measures to ensure that the Agreement can be applied as 
regards the Community's competences. 
ISSN 0254-1475 
COM (94) 8 final 
DOCUMENTS 
EN 03 02 
Catalogue number : CB-CO-94-010-EN-C 
ISBN 92-77-64341-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg