Proposal for a COUNCIL DECISION concerning the signing and provisional application of the International Cocoa Agreement 1993 on behalf of the Community
Date: 1994-01-24
Institutions: European Commission
Subjects: EU Member State, cocoa, international agreement, signature of an agreement

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 : 
in particular Article  113 thereof, 

Community  and 

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 
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