2002/970/EC: Council Decision of 18 November 2002 concerning the conclusion on behalf of the European Community of the International Cocoa Agreement 2001
Date: 2002-11-18
Institutions: Council of the European Union
Subjects: cocoa, international agreement, international organisation, trade policy

17.12.2002

EN

Official Journal of the European Communities

L 342/1

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 18 November 2002

concerning the conclusion on behalf of the European Community of the International Cocoa
Agreement 2001

(2002/970/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European
Community, and in particular Article 133 in conjunction with
Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

On 2 March 2001 the Unctad negotiating conference
formally approved by way of decision the text of the
International Cocoa Agreement 2001.

This new agreement has been negotiated to replace the
International Cocoa Agreement 1993, as extended,
which will remain in force until 30 September 2003 at
the latest.

The International Cocoa Agreement 2001 is open for
signature and deposit of the instruments of ratification,
acceptance or approval.

The Community is a member of the 1993 International
Agreement, as extended, and it is therefore in its interest
to approve the agreement which succeeds it,

Article 1

The International Cocoa Agreement 2001 is hereby approved
on behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person empowered to sign the agreement and deposit the
instrument of approval on behalf of the Community.

Done at Brussels, 18 November 2002.

For the Council

P. S. M(cid:216)LLER

The President

L 342/2

EN

Official Journal of the European Communities

17.12.2002

ANNEX

INTERNATIONAL COCOA AGREEMENT, 2001

TRANSLATION

CONTENTS

Article

PART ONE: OBJECTIVES AND DEFINITIONS

CHAPTER I: OBJECTIVES

1.

Objectives

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.

Definitions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER II: DEFINITIONS

PART TWO: CONSTITUTIONAL PROVISIONS

CHAPTER III: MEMBERSHIP

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

Membership in the Organisation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Membership by intergovernmental organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER IV: ORGANISATION AND ADMINISTRATION

Establishment, headquarters and structure of the International Cocoa Organisation . . . . . . . . . . . . . . . .

Composition of the International Cocoa Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers and functions of the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman and Vice-Chairman of the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sessions of the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Votes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting procedure of the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decisions of the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cooperation with other organisations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admission of observers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Composition of the Executive Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election of the Executive Committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting procedure and decisions of the Executive Committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Competence of the Executive Committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Quorum for the Council and the Executive Committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The staff of the Organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21. Work Programme

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

5

5

6

6

6

7

7

7

8

8

8

9

9

9

9

10

10

10

10

11

11

22.

Privileges and immunities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

CHAPTER V: PRIVILEGES AND IMMUNITIES

17.12.2002

EN

Official Journal of the European Communities

L 342/3

Article

PART THREE: FINANCIAL PROVISIONS

CHAPTER VI: FINANCE

23.

Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24.

Liabilities of members

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25.

Approval of the administrative budget and assessment of contributions

. . . . . . . . . . . . . . . . . . . . . . . .

26.

Payment of contributions to the administrative budget

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27.

Audit and publication of accounts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28.

Relationship with the Common Fund and other multilateral and bilateral donors

. . . . . . . . . . . . . . . . .

29.

Role of the Organisation concerning projects

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER VII: THE CONSULTATIVE BOARD ON THE WORLD COCOA ECONOMY

30.

Establishment of the Consultative Board on the World Cocoa Economy . . . . . . . . . . . . . . . . . . . . . . . .

31.

Composition of the Consultative Board on the World Cocoa Economy

. . . . . . . . . . . . . . . . . . . . . . . .

32.

Mandate of the Consultative Board of the World Cocoa Economy . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33.

Meetings of the Consultative Board on the World Cocoa Economy

. . . . . . . . . . . . . . . . . . . . . . . . . . .

PART FOUR: MARKET-RELATED PROVISIONS

CHAPTER VIII: SUPPLY AND DEMAND

34.

Market Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35.

Market transparency

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36.

Stocks

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37.

Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38.

Cocoa substitutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

12

12

12

13

13

13

13

14

14

14

14

15

15

15

16

16

CHAPTER IX: DEVELOPMENT OF A SUSTAINABLE COCOA ECONOMY

39.

Sustainable cocoa economy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

CHAPTER X: MARKET-MONITORING PROVISIONS

40.

Daily price

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41.

Conversion factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XI: INFORMATION, STUDIES AND RESEARCH

42.

Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43.

Studies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44.

Scientific research and development

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45.

Annual report

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

17

17

17

18

18

L 342/4

EN

Official Journal of the European Communities

17.12.2002

Article

Page

PART FIVE: OTHER PROVISIONS

CHAPTER XII: FINE OR FLAVOUR COCOA

46.

Fine or flavour cocoa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

47.

48.

49.

50.

51.

CHAPTER XIII: RELIEF FROM OBLIGATIONS AND DIFFERENTIAL AND REMEDIAL MEASURES

Relief from obligations in exceptional circumstances

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Differential and remedial measures

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XIV: CONSULTATIONS, DISPUTES AND COMPLAINTS

Consultations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disputes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Complaints and action by the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XV: STANDARDS OF LIVING AND WORKING CONDITIONS

18

18

18

19

19

52.

Standards of living and working conditions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

CHAPTER XVI: FINAL PROVISIONS

53.

54.

55.

56.

57.

58.

59.

Depositary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ratification, acceptance, approval

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of provisional application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry into force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reservations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60. Withdrawal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61.

62.

63.

64.

65.

66.

Annexes

A.

B.

C.

Exclusion

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Settlements of accounts with withdrawing or excluded Members

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration, extension and termination

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XVII: SUPPLEMENTARY AND TRANSITIONAL PROVISIONS

Special Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other supplementary and transitional provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEXES

Exports of cocoa calculated for the purposes of Article 58 (Entry into force)

. . . . . . . . . . . . . . . . . . . .

Imports of cocoa calculated for the purposes of Article 58 (Entry into force)

. . . . . . . . . . . . . . . . . . . .

Producing countries exporting either exclusively or partially fine or flavour cocoa

. . . . . . . . . . . . . . . .

20

20

20

20

20

20

21

21

21

21

21

22

22

22

Page

23

25

28

17.12.2002

EN

Official Journal of the European Communities

L 342/5

PART ONE

OBJECTIVES AND DEFINITIONS

CHAPTER I

OBJECTIVES

Article 1

Objectives

The
1.
Agreement are:

objectives

of

the

Sixth

International Cocoa

(a)

to promote international cooperation in the world cocoa
economy;

(b) to provide an appropriate framework for the discussion of

all matters relating to all sectors thereof;

(c)

to contribute to the strengthening of the national cocoa
economies of member countries, in particular through the
preparation of appropriate projects to be submitted to the
relevant institutions for financing and implementation;

(d) to contribute to a balanced development of

the world
cocoa economy in the interest of all members through
appropriate measures, including:

(i) promoting a sustainable cocoa economy;

(ii) promoting research and the implementation of

its

findings;

(iii) promoting transparency in the world cocoa economy
through the collection, analysis and dissemination of
relevant
appropriate
studies; and

and undertaking of

statistics

(iv) promoting and encouraging consumption of chocolate
and cocoa-based products in order to increase demand
for cocoa in close cooperation with the private sector.

2.
In pursuing these objectives, members shall, within the
appropriate framework, encourage the greater participation of
the private sector in the work of the Organisation.

2.

3.

4.

5.

6.

7.

8.

9.

cocoa products means products made exclusively from
cocoa beans, such as cocoa paste/liquor, cocoa butter,
unsweetened cocoa powder, cocoa cake and cocoa nibs,
as well as any other products containing cocoa as the
Council may determine;

cocoa year means
October to 30 September inclusive;

the period of 12 months

from 1

party means

contracting
an
intergovernmental organisation as provided for in Article
4, which has consented to be bound by this Agreement
provisionally or definitively;

a Government,

or

council means the International Cocoa Council referred to
in Article 6;

is

the

price

daily
the
representative
international price of cocoa used for the purposes of this
Agreement
and computed in accordance with the
provisions of Article 40;

indicator

of

entry into force means, except when qualified, the date on
which this Agreement
first enters into force, whether
provisionally or definitively;

exporting country or exporting member means a country or a
member respectively whose exports of cocoa, expressed in
terms of beans, exceed its imports. However, a country
whose imports of cocoa, expressed in terms of beans,
exceed its exports but whose production exceeds its
imports may, if it so chooses, be an exporting member;

export of cocoa means any cocoa which leaves the customs
territory of any country and import of cocoa means any
cocoa which enters the customs territory of any country;
these definitions,
the purposes of
provided that,
customs territory shall, in the case of a member which
comprises more than one customs territory, be deemed to
refer to the combined customs territories of that member;

for

CHAPTER II

DEFINITIONS

Article 2

Definitions

10.

fine or flavour cocoa is cocoa recognised for its unique
flavour and colour, and produced in countries designated
in Annex C of this Agreement;

11.

importing country or importing member means a country or
a member respectively whose imports of cocoa, expressed
in terms of beans, exceed its exports;

12. member means a Contracting Party as defined above;

For the purposes of this Agreement

1.

cocoa means cocoa beans and cocoa products;

referred to in Article 5;

13. organisation means the International Cocoa Organisation

L 342/6

EN

Official Journal of the European Communities

17.12.2002

in the cocoa sector,

14. private sector comprises all private sector entities which
including
have main activities
farmers, traders, processors, manufacturers and research
institutes. In the framework of this Agreement, the private
sector also comprises public enterprises, agencies and
in certain countries, fulfill roles that
institutions which,
are performed by private entities in other countries;

18.

19.

15. producing country means a country which grows cocoa

in commercially significant quantities;

16.

simple distributed majority vote means a majority of
votes cast by exporting members and a majority of votes
cast by importing members, counted separately;

17.

special Drawing Right (SDR) means the Special Drawing
Right of the International Monetary Fund;

vote means

special
the votes cast by
two thirds of
exporting members and two thirds of the votes cast by
importing members, counted separately, on condition that
at
five exporting members and a majority of
importing members are present;

least

is a system in which all
sustainable
cocoa economy
stakeholders maintain productivity at
that are
economically viable, ecologically sound and culturally
acceptable through the efficient management of resources;

levels

20.

tonne means a mass of 1 000 kilograms or 2 204,6
pounds and pound means 453,597 grams;

21.

stocks of cocoa beans means all dry cocoa beans that can be
(30
the cocoa year
identified as at
September),
location, ownership or
intended use.

the last day of

irrespective of

PART TWO

CONSTITUTIONAL PROVISIONS

CHAPTER III

MEMBERSHIP

Article 3

Membership in the Organisation

Each Contracting Party shall be a member of

1.
organisation.

There shall be two categories of members of

2.
organisation, namely:

the

the

(a) exporting members; and

(b)

importing members.

commodity agreements. Accordingly, any reference in this
Agreement to signature, ratification, acceptance or approval, or
to notification of provisional application or to accession shall,
such intergovernmental organisations, be
in the case of
construed as including a reference to signature, ratification,
acceptance or approval, or
to notification of provisional
application, or
to accession, by such intergovernmental
organisations.

2.
In the case of voting on matters within their competence,
such intergovernmental organisations shall vote with a number
of votes equal to the total number of votes attributable to their
member States in accordance with Article 10. In such cases,
the member States of such intergovernmental organisations
shall not exercise their individual voting rights.

Such organisations may participate in the Executive

3.
Committee on matters within their competence.

CHAPTER IV

A member may change its category on such conditions

3.
as the Council may establish.

ORGANISATION AND ADMINISTRATION

Article 4

Article 5

Membership by intergovernmental organisations

Establishment, headquarters and structure of the
International Cocoa Organisation

1.
Any reference in this Agreement to (cid:145)a Government(cid:146) or
(cid:145)Governments(cid:146) shall be construed as including the European
Union
having
responsibilities in respect of the negotiation, conclusion and
particular
application

intergovernmental

international

organisation

agreements,

and

any

of

in

1.
The International Cocoa Organisation established by the
International Cocoa Agreement, 1972, shall continue in being
and shall administer the provisions and supervise the operation
of this Agreement.

17.12.2002

EN

Official Journal of the European Communities

L 342/7

2.

The Organisation shall function through:

(e) decision of disputes under Article 50;

(a)

the International Cocoa Council and its subsidiary bodies;
and

(f)

suspension of rights under paragraph 3 of Article 51;

(b) the Executive Director and other staff.

(g) establishment of conditions for accession under Article 56;

The headquarters of the Organisation shall be in London

3.
unless the Council, by special vote, decides otherwise.

(h) exclusion of a member under Article 61;

Article 6

(i) extension or termination of this Agreement under Article

63; and

Composition of the International Cocoa Council

(j)

recommendation of amendments to members under Article
64.

The highest authority of the Organisation shall be the
the

1.
International Cocoa Council, which shall consist of all
members of the organisation.

2.
Each member shall be represented on the Council by a
representative and, if it so desires, by one or more alternates.
Each member may also appoint one or more advisers to its
representative or alternates.

Article 7

Powers and functions of the Council

1.
The Council shall exercise all such powers and perform
or arrange for the performance of all such functions as are
necessary to carry out
this
Agreement.

express provisions of

the

The Council shall not have power, and shall not be taken
2.
to have been authorised by the members,
to incur any
obligation outside the scope of this Agreement; in particular, it
shall not have the capacity to borrow money. In exercising its
capacity to contract,
incorporate in its
contracts the terms of this provision and of Article 24 in such
a way as to bring them to the notice of the other parties
entering into contracts with the Council, but any failure to
incorporate such terms shall not invalidate such a contract or
render it ultra vires the Council.

the Council shall

The Council may at any time, by special vote, delegate
the
its powers to the Executive Committee, except

3.
any of
following:

(a) redistribution of votes under Article 10;

(b) approval of the administrative budget and assessment of

contributions under Article 25;

(c) revision of the list of producers of fine or flavour cocoa

under Article 46;

(d) relief from obligations under Article 47;

The Council may, by special vote, decide on other
4.
exceptions in paragraph 3 above. It may revoke any delegation
of power under paragraph 3 above by the same vote.

The Council shall, by special vote, adopt such rules and
5.
regulations as are necessary to carry out the provisions of this
Agreement and are consistent therewith, including its rules of
procedure and those of its committees, and the financial and
staff regulations of the Organisation. The Council may, in its
rules of procedure, provide for a procedure whereby it may,
without meeting, decide specific questions.

The Council shall keep such records as are required for
6.
the performance of its functions under this Agreement, and
such other records as it considers appropriate.

The Council may set up any working group(s) as

7.
appropriate to assist it in carrying out its task.

Article 8

Chairman and Vice-Chairman of the Council

1.
The Council shall elect a Chairman and a first and
second Vice-Chairman for each cocoa year, who shall not be
paid by the Organisation.

Both the Chairman and the first Vice-Chairman shall be
2.
elected from among the representatives of
the exporting
members or from among the representatives of the importing
members and the second Vice-Chairman from among the
representatives of
shall
alternate each cocoa year between the two categories.

the other category. These offices

In the temporary absence of both the Chairman and the
3.
two Vice-Chairmen or the permanent absence of one or more
of them, the Council may elect new officers from among the
representatives of the exporting members or from among the
representatives of the importing members, as appropriate, on a
temporary or permanent basis as may be required.

L 342/8

EN

Official Journal of the European Communities

17.12.2002

4.
Neither the Chairman nor any other officer presiding at
meetings of the council shall vote. His or her alternate may
exercise the voting rights of the member which he or she
represents.

Article 9

Sessions of the Council

As a general rule, the Council shall hold one regular

1.
session in each half of the cocoa year.

The Council shall meet in special sessions whenever it so

2.
decides or at the request of:

(a) Any five members;

(b) A member or members having at least 200 votes;

(c) The Executive Committee; or

3.
For each cocoa year, the votes of importing members
shall be distributed as follows: 100 shall be divided equally to
the nearest whole vote for each member. The remaining votes
shall be distributed on the basis of the percentage which the
in the
average of each importing member’s annual
figures are
preceding three cocoa years
available in the organisation, represents in the total of the
averages for all
the importing members. For this purpose,
imports shall be calculated as net imports of cocoa beans plus
gross imports of cocoa products, converted to beans equivalent
using the conversion factors as specified in Article 41.

for which final

imports,

If,

for any reason, difficulties

4.
should arise in the
determination or the updating of the statistical basis for the
calculation of votes in accordance with the provisions of
paragraphs 2 and 3 of this Article, the Council may, by special
vote, decide on a different statistical basis for the calculation of
votes.

5.
No member shall have more than 400 votes. Any votes
above this figure arising from the calculations in paragraphs 2,
3 and 4 of this Article shall be redistributed among the other
members on the basis of those paragraphs.

(d) The Executive Director, for the purposes of Articles 23 and

60.

Notice of sessions shall be given at least 30 calendar days

3.
in advance, except in case of emergency.

6. When the membership in the Organisation changes or
when the voting rights of a member are suspended or restored
under any provision of
the Council shall
provide for the redistribution of votes in accordance with this
Article.

this Agreement,

shall be held at

the
4.
Sessions
Organisation unless
the Council, by special vote, decides
otherwise. If, on the invitation of any member, the Council
meets elsewhere than at the headquarters of the Organisation,
that member shall pay the additional costs involved.

the headquarters of

Article 10

Votes

1.
The exporting members shall together hold 1 000 votes
and the importing members shall together hold 1 000 votes,
is,
distributed within each category of members (cid:151) that
exporting
respectively (cid:151) in
importing members,
accordance with the following paragraphs of this Article.

and

For each cocoa year, the votes of exporting members
2.
shall be distributet as follows: each exporting member shall
have five basic votes. The remaining votes shall be divided
among all the exporting members in proportion to the average
volume of their respective exports of cocoa in the preceding
three cocoa years for which data have been published by the
Organisation in its latest issue of the Quarterly Bulletin of Cocoa
Statistics. For this purpose, exports shall be calculated as net
exports of cocoa beans plus net exports of cocoa products,
converted to beans equivalent using the conversion factors as
specified in Article 41.

7.

There shall be no fractional votes.

Article 11

Voting procedure of the Council

Each member shall be entitled to cast the number of
1.
votes it holds and no member shall be entitled to divide its
votes. A member may, however, cast differently from such
votes any votes which it is authorised to cast under paragraph
2 of this Article.

2.
By written notification to the Chairman of the Council,
any exporting member may authorise any other exporting
member, and any importing member may authorise any other
importing member, to represent its interests and to cast its
votes at any meeting of the Council. In this case the limitation
provided for in paragraph 5 of Article 10 shall not apply.

3.
A member authorised by another member to cast the
votes held by the authorising member under Article 10 shall
cast such votes in accordance with the instructions of
the
authorising member.

17.12.2002

EN

Official Journal of the European Communities

L 342/9

Article 12

Decisions of the Council

3.
The Council may also make whatever arrangements are
appropriate for maintaining effective contact with international
organisations of cocoa producers, traders and manufacturers.

All decisions of

the Council shall be taken, and all
1.
recommendations
shall be made, by a simple distributed
majority vote unless this Agreement provides for a special
vote.

2.
In arriving at the number of votes necessary for any of
the decisions or recommendations of the Council, votes of
members abstaining shall not be taken into consideration.

3.
The following procedure shall apply with respect to any
action by the Council which under this Agreement requires a
special vote:

(a)

(b)

if the required majority is not obtained because of the
negative vote of three or less exporting or three or less
importing members, the proposal shall, if the Council so
decides by a simple distributed majority vote, be put to a
vote again within 48 hours;

if the required majority is again not obtained because of
the negative vote of two or less exporting or two or less
importing members, the proposal shall, if the Council so
decides by a simple distributds majority vote, be put to a
vote again within 24 hours;

(c)

if the required majority is not obtained in the third vote
because of the negative vote cast by one exporting or one
importing member,
shall be considered
the proposal
adopted; or

(d)

if the Council fails to put a proposal to a further vote, it
shall be considered rejected.

4. Members undertake to accept as binding all decisions of
the Council under the provisions of this Agreement.

Article 13

Cooperation with other organisations

shall

The Council

seek to involve the international
4.
financial agencies and other parties with an interest in the
world cocoa economy in its work on cocoa production and
consumption policy.

Article 14

Admission of observers

The Council may invite any non-member State to attend

1.
any of its meetings as an observer.

2.
The Council may also invite any of the organisations
referred to in Article 13 to attend any of its meetings as an
observer.

Article 15

Composition of the Executive Committee

1.
The Executive Committee shall consist of ten exporting
members and ten importing members. If, however, either the
number of exporting members or the number of importing
members in the Organisation is less than ten, the Council may,
while maintaining parity between the two categories of
members, decide, by special vote, the total number on the
Executive Committee. Members of the Executive Committee
shall be elected for each cocoa year in accordance with Article
16 and may be re-elected.

Each elected member

2.
shall be represented on the
Executive Committee by a representative and, if it so desires,
by one or more alternates. Each such member may also
appoint one or more advisers
representative or
alternates.

to its

The council

1.
shall make whatever arrangements are
appropriate for consultation or cooperation with the United
Nations and its organs,
the United Nations
Conference on Trade and Development, and with the Food and
Agriculture Organisation of the United Nations and such other
specialised
and
Nations
of
intergovernmental organisations as may be appropriate.

in particular

agencies

United

the

The Council, bearing in mind the particular role of the
2.
United Nations Conference on Trade and Development
in
international commodity trade, shall, as appropriate, keep that
organisation informed of
its activities and programmes of
work.

The Chairman and Vice-Chairman of

the Executive
3.
Committee, elected for each cocoa year by the Council, shall
both be chosen from among the representatives of
the
exporting members or from among the representatives of the
importing members. These offices shall alternate each cocoa
year between the two categories of members. In the temporary
or
the
of
permanent
the Executive Committee may elect new
Vice-Chairman,
officers
the exporting
members or from among the representatives of the importing
members, as appropriate, on a temporary or permanent basis
as may be required. Neither the Chairman nor any other
officer presiding at meetings of the Executive Committee may
vote. His or her alternate may exercise the voting rights of the
member which he or she represents.

from among the representatives of

Chairman

absence

and

the

L 342/10

EN

Official Journal of the European Communities

17.12.2002

the Organisation unless, by special vote,

4.
The Executive Committee shall meet at the headquarters
it decides
of
otherwise. If, on the invitation of any member, the Executive
Committee meets elsewhere than at the headquarters of the
Organisation,
shall pay the additional costs
involved.

that Member

4.
Any decisions taken by the Executive Committee shall
require the same majority as that decision would require if
taken by the Council.

Any member shall have the right of appeal

5.
to the
Council against any decision of the Executive committee. The
Council shall prescribe, in its rules of procedure, the conditions
under which such appeal may be made.

Article 16

Election of the Executive Committee

Article 18

The exporting and importing members of the Executive
1.
Committee shall be elected in the Council by the exporting
and importing members respectively. The election within each
category shall be held in accordance with paragraphs 2 and 3
of this Article.

Competence of the Executive Committee

The Executive Committee shall be responsible to, and

1.
work under the general direction of, the Council.

Each member shall cast all

2.
is
entitled under Article 10 for a single candidate. A member
may cast
is
authorised to cast under paragraph 2 of Article 11.

for another candidate any votes which it

the votes to which it

The candidates receiving the largest number of votes

3.
shall be elected.

Executive

The
2.
administrative,
Organisation, in particular:

financial

Committee
and

shall

structural matters

follow up
of

the
the

(a) examine

the draft

annual work programme of

the

organisation for submission to the Council for approval;

(b) consider

and evaluate

the

Executive Director on the implementation of
programme and the list of priorities;

report presented by the
the work

Article 17

(c) review and recommend annual administrative budgets;

Voting procedure and decisions of the Executive
Committee

(d) monitor the execution of the budget; in particular, analyse

revenues and expenses;

Each member of

1.
the Executive Committee shall be
entitled to cast the number of votes received by it under the
provisions of Article 16, and no member of the Executive
Committee shall be entitled to divide its votes.

2. Without prejudice to the provisions of paragraph 1 of
this Article and by written notification to the Chairperson, any
exporting or importing member which is not a member of the
Executive Committee and which has not cast its votes under
paragraph 2 of Article 16 for any of the members elected may
authorise any exporting or importing member of the Executive
Committee, as appropriate, to represent its interests and to cast
its votes in the Executive Committee.

3.
In the course of any cocoa year a member may, after
consultation with the member of the Executive Committee for
which it voted under Article 16, withdraw its votes from that
member. The votes thus withdrawn may be reassigned to
another exporting or importing member of
the Executive
Committee, as appropriate, but may not be withdrawn from
this member
that cocoa year. The
member of the Executive Committee from which the votes
have been withdrawn shall nevertheless retain its seat on the
Executive Committee for the remainder of that cocoa year.
Any action taken pursuant to the provisions of this paragraph
shall become effective after the Chairman has been informed in
writing thereof.

the remainder of

for

(e) assist

the Council

in the appointment of

the Executive

Director and senior officials of the Organisation;

(f) approve projects for financing by the Common Fund for
Commodities and other donor organisations between
Council sessions.

Article 19

Quorum for the Council and the Executive Committee

1.
The quorum for the opening meeting of any session of
the Council shall be constituted by the presence of at least five
exporting Members and a majority of
importing members,
provided that such members together hold in each category at
least two thirds of the total votes of the members in that
category.

2.
If there is no quorum in accordance with paragraph 1 of
this Article on the day appointed for the opening meeting of
any session, on the second day, and throughout the remainder
of the session, the quorum for the opening session shall be
constituted by the presence of exporting and importing
members holding a simple majority of
the votes in each
category.

17.12.2002

EN

Official Journal of the European Communities

L 342/11

The quorum for meetings subsequent

3.
to the opening
meeting of any session pursuant to paragraph 1 of this Article
shall be that prescribed in paragraph 2 of this Article.

Representation in accordance with paragraph 2 of Article

4.
11 shall be considered as presence.

least

The quorum for the opening meeting of any session of
5.
the Executive Committee shall be constituted by the presence
of at
importing
four exporting members and four
members, provided that such members together hold in each
category at
the
the simple majority of
members in that category.

the votes of

least

Article 20

The staff of the Organisation

The Council shall appoint

1.
the Executive Director by
special vote for a period of not more than the duration of the
Agreement and its extensions, if any. The rules for selection of
the Executive
candidates and the terms of appointment of
Director shall be fixed by the Council.

The Executive Director shall be the chief administrative
2.
officer of the Organisation and shall be responsible to the
Council
this
Agreement in accordance with the decisions of the Council.

administration and operation of

the

for

The staff of the Organisation shall be responsible to the

3.
Executive Director.

shall

appoint

The Executive Director

4.
in
accordance with regulations to be established by the Council.
In drawing up such regulations, the Council shall have regard
to those applying to officials of similar intergovernmental
organisations. Staff appointments shall be made insofar as is
practicable from exporting and importing members.

staff

the

No

concerning

information

7.
or
this Agreement shall be revealed by the
administration of
Executive Director or the staff of the Organisation, except as
may be authorised by the Council or as is necessary for the
proper discharge of their duties under this Agreement.

operation

the

Article 21

Work Programme

At

1.
its last session of each cocoa year, and on the
recommendation of the Executive Committee, the Council shall
adopt a work programme for the Organisation for the coming
year prepared by the Executive Director. The work programme
shall include projects, initiatives and activities to be undertaken
by the Organisation in the following cocoa year. The Executive
Director shall implement the work programme.

During its last meeting of each cocoa year, the Executive
2.
Committee shall evaluate the implementation of
the work
programme for the current year on the basis of a report by the
Executive Director. The Executive Committee shall report its
findings to the Council.

At

3.
its first session under this Agreement and on the
recommendation of the Executive Committee, the Council shall
adopt a list of priorities for the duration and in accordance
with the objectives of the Agreement. This list shall serve as
the basis for the elaboration of the yearly work programme.
During the last meeting of each cocoa year the Executive
Committee shall, on the basis of a report by the Executive
Director,
list of priorities with
particular emphasis on the following year.

review and update this

CHAPTER V

PRIVILEGES AND IMMUNITIES

Article 22

Privileges and immunities

5.
Neither the Executive Director nor the staff shall have
any financial interest in the cocoa industry, the cocoa trade,
cocoa transportation or cocoa publicity.

1.
The Organisation shall have legal personality. It shall in
particular have the capacity to contract, acquire and dispose of
movable and immovable property and to institute legal
proceedings.

from any other

6.
In the performance of their duties, the Executive Director
and the staff shall not seek or receive instructions from any
member or
to the
Organisation. They shall refrain from any action which might
reflect on their position as international officials responsible
only to the Organisation. Each member undertakes to respect
the exclusively international character of the responsibilities of
the Executive Director and the staff and not
to seek to
influence them in the discharge of their responsibilities.

authority external

its

and
experts
and
in the territory of

The status, privileges and immunities of the Organisation,
2.
of
its
staff
Executive Director,
representatives of members whilst
the
United Kingdom of Great Britain and Northern Ireland for the
purpose of exercising their functions, shall continue to be
governed by the Headquarters Agreement concluded between
the Government of the United Kingdom of Great Britain and
Northern Ireland
the host
Government) and the International Cocoa Organisation in
London on 26 March 1975, with such amendments as are
necessary for the proper functioning of this Agreement.

(hereinafter

referred

to as

L 342/12

EN

Official Journal of the European Communities

17.12.2002

If

the headquarters of

3.
the Organisation is moved to
another country, the new host Government shall, as soon as
possible, conclude with the Organisation a headquarters
agreement to be approved by the Council.

(b)

in the event of the headquarters of the Organisation being
moved from the territory of the host Government; or

The Headquarters Agreement referred to in paragraph 2
4.
of this Article shall be independent of this Agreement. It shall,
however, terminate:

(a) by agreement between the host Government and the

Organisation;

(c)

in the event of the Organisation ceasing to exist.

5.
The Organisation may conclude with one or more other
members agreements to be approved by the Council relating to
such privileges and immunities as may be necessary for the
proper functioning of this Agreement.

PART THREE

FINANCIAL PROVISIONS

Article 24

Liabilities of members

CHAPTER VI

FINANCE

Article 23

Finance

1.
There shall be kept an administrative account for the
administration of this agreement. The expenses necessary for
the administration of this agreement shall be brought into the
administrative
annual
from members assessed in accordance with
contributions
Article 25. If, however, a member requests special services, the
Council may decide to accede to the request and shall require
that member to pay for them.

be met

account

shall

and

by

that

The Council may establish separate accounts for specific
2.
purposes
it may establish in accordance with the
objectives of the present Agreement. These accounts shall be
financed through voluntary contributions from members or
other bodies.

The financial year of the organisation shall be the same

3.
as the cocoa year.

The expenses of delegations

4.
to the
Executive Committee and to any of the Committees of the
Council or of the Executive Committee shall be met by the
members concerned.

to the Council,

A member’s liability to the Council and to other members is
limited to the extent of its obligations regarding contributions
in this Agreement. Third parties
specifically provided for
dealing with the Council shall be deemed to have notice of the
the
provisions of
Council and the obligations of
in particular,
paragraph 2 of Article 7 and the first sentence of this Article.

this Agreement regarding the powers of

the members,

Article 25

Approval of the administrative budget and assessment of
contributions

During the second half of each financial year,
the administrative budget of

the
1.
Council
the
Organisation for the following financial year, and shall assess
the contribution of each member to that budget.

shall approve

2.
The contribution of each member to the administrative
budget for each financial year shall be in the proportion which
the number of its votes at the time the administrative budget
for that financial year is approved bears to the total votes of
all the members. For the purpose of assessing contributions,
the votes of each member shall be calculated without regard to
the suspension of any member’s voting rights and any
redistribution of votes resulting therefrom.

5.
If the financial position of the Organisation is or appears
likely to be, insufficient to finance the remainder of the cocoa
year, the Executive Director shall call a special session of the
Council within 20 working days unless
is
otherwise scheduled to meet within 30 calendar days.

the Council

The initial contribution of any member

joining the
3.
Organisation after the entry into force of this Agreement shall
be assessed by the council on the basis of the number of votes
to be held by that member and the period remaining in the
current financial year, but the assessment made upon other
members for the current financial year shall not be altered.

17.12.2002

EN

Official Journal of the European Communities

L 342/13

4.
If this Agreement enters into force before the beginning
of the first full financial year, the Council shall, at its first
session, approve an administrative budget covering the period
up to the commencement of the first full financial year.

Article 26

Payment of contributions to the administrative budget

Contributions

to the administrative budget

1.
for each
financial year shall be payable in freely convertible currencies,
shall be exempt from foreign exchange restrictions and shall
become due on the
year.
first day of
Contributions of members in respect of the financial year in
which they joint the Organisation shall be due on the date on
which they become members.

financial

that

Organisation’s accounts for that financial year and the balance
sheet at the close of that financial year under the accounts
referred to in Article 23 shall be audited. The audit shall be
carried out by an independent auditor of recognised standing
in cooperation with two qualified auditors from member
governments, one from exporting members and one from
importing members, to be elected by the Council
for each
financial year. The auditors from member governments shall
not be paid by the Organisation for their professional services.
However, travel and subsistence costs may be reimbursed by
the Organisation under terms and conditions to be determined
by the Council.

The terms of appointment of the independent auditor of
2.
recognised standing, as well as the intentions and objectives of
the audit, shall be laid down in the financial regulations of the
Organisation. The audited statement of
the Organisation’s
accounts and the audited balance sheet shall be presented to
the Council at its next regular session for approval.

Contributions

2.
to the administrative budget approved
under paragraph 4 of Article 25 shall be payable within three
months of the date of assessment.

A summary of the audited accounts and balance sheet

3.
shall be published.

3.
If, at the end of five months after the beginning of the
financial year or, in the case of a new member, three months
after the Council has assessed its contribution, a member has
not paid its full contribution to the administrative budget, the
Executive Director shall request that member to make payment
as quickly as possible. If, at the expiration of two months after
the request of the Executive Director, that member has still not
paid its contribution, the voting rights of that member in the
Council and the Executive Committee shall be suspended until
such time as it has made full payment of the contribution.

4.
A member whose voting rights have been suspended
under paragraph 3 of this Article shall not be deprived of any
of its other rights or relieved of any of its obligations under
this Agreement unless the Council, by special vote, decides
otherwise. It shall remain liable to pay its contribution and to
meet any other financial obligations under this Agreement.

The Council shall consider the question of membership
5.
of any member with two years’ contributions unpaid, and by
special vote may decide that this member shall cease to enjoy
the rights of membership and/or cease to be assessed for
budgetary purposes. It shall remain liable to meet any other of
its financial obligations under this Agreement. By payment of
the arrears the member will regain the rights of membership.
Any payments made by members in arrears will be credited
first to those arrears, rather than to current contributions.

Article 27

Audit and publication of accounts

1.
the close of each financial year,

As soon as possible, but not later than six months after
the

the statement of

Article 28

Relationship with the Common Fund and with other
multilateral and bilateral donors

1.
The Organisation shall take full advantage of the facilities
of the Common Fund for Commodities in order to assist in the
preparation and financing of projects of interest to the cocoa
economy.

The Organisation shall endeavour

2.
to cooperate with
other international organisations, as well as with multilateral
and bilateral donor agencies, in order to obtain financing for
programmes and projects of interest to the cocoa economy as
appropriate.

in the name of members. No member of

3.
Under no circumstances shall the Organisation undertake
any financial obligations related to projects, either on its own
behalf or
the
Organisation shall be responsible by reason of its membership
of the Organisation for any liability arising from borrowing or
lending by any other member or entity in connection with
such projects.

Article 29

Role of the Organisation concerning projects

1.
The Organisation shall endeavour to assist members in
preparing projects of interest to the cocoa economy, to be
financed by other agencies or bodies.

L 342/14

EN

Official Journal of the European Communities

17.12.2002

the Council

In exceptional cases,

2.
involvement of
approved projects. Under no
involvement bring
any
administrative budget of the Organisation.

shall approve the
the Organisation in the implementation of
this
the

circumstances
additional

shall
for

about

costs

The Board may

5.
personalities of high standing in a specific field,
public and private sectors, to participate in its work.

also invite

eminent

experts or
from the

The Chairman of the Board shall be chosen from among
alternate between

6.
its members. The
exporting and importing countries every two cocoa years.

chairmanship shall

CHAPTER VII

THE CONSULTATIVE BOARD ON THE WORLD COCOA
ECONOMY

7.
Upon its establishment, the Consultative Board shall draw
up its own rules and recommend them for adoption by the
Council.

Article 30

Article 32

Establishment of the Consultative Board on the World
Cocoa Economy

1.
The Council shall establish the Consultative Board on the
World Cocoa Economy with a view to encouraging the active
participation of experts from the private sector, as defined in
Article 2 of this Agreement, in the work of the Organisation
and to promoting a continuous dialogue among experts from
the public and private sectors.

2.
The Board shall be a consultative body which may make
recommendations to the Council on any matter within the
scope of this Agreement.

Article 31

Mandate of the Consultative Board of the World Cocoa
Economy

1.

The Board, acting in an advisory capacity, shall inter alia:

(a) contribute to the development of a sustainable cocoa

economy;

(b)

identify threats to supply and demand and propose actions
to meet the challenges;

(c)

facilitate the exchange of
consumption and stocks; and

information on production,

Composition of the Consultative Board on the World
Cocoa Economy

(d) advise on other cocoa-related matters within the scope of

the Agreement.

1.
The Consultative Board on the World Cocoa Economy
shall be composed of experts from all sectors of the cocoa
economy, such as:

2.
The Board may set up ad hoc working groups to assist in
fulfilling its mandate provided that their operating costs have
no budgetary implications for the Organisation.

(a) associations from the trade and industry;

The Executive Director

3.
appropriate.

shall

assist

the Board as

(b) national and regional cocoa producer organisations, from

both the public and private sectors;

(c) national cocoa exporter organisations;

(d) cocoa research institutes; and

(e) other private sector associations or institutions having an

interest in the cocoa economy.

These experts shall act in their personal capacity or on

2.
behalf of their respective associations.

3. Members of
observers.

the Organisation may participate

as

The Board shall be composed of seven members from
4.
from importing
exporting countries and seven members
countries as defined in paragraph 1 of this Article, appointed
by the Council every two cocoa years. The members may
designate one or more alternates and advisers. In the light of
the experience of the Board, the Council may increase the
number of members of the Board.

Article 33

Meetings of the Consultative Board on the World Cocoa
Economy

1.
As a general rule, the Board shall meet twice a year at
the headquarters of the Organisation at the same time as the
regular sessions of the Council. The Board may hold additional
meetings with the approval of the Council.

2. When the Council accepts an invitation by a Member to
hold a meeting in its territory, the Board shall meet in that
territory.
the additional costs involved, above
those incurred when the meeting is held at the headquarters of
the Organisation, shall be borne by that member.

In this case,

The Chairman of the Board shall establish the agendas

3.
for its meetings in liaison with the Executive Director.

The Board shall report regularly to the Council on its

4.
proceedings.

17.12.2002

EN

Official Journal of the European Communities

L 342/15

PART FOUR

MARKET-RELATED PROVISIONS

CHAPTER VIII

SUPPLY AND DEMAND

Article 34

Market Committee

In order to contribute to the greatest possible growth of
1.
the
economy and the balanced development of
cocoa
production and consumption so as to secure a sustainable
equilibrium between supply and demand,
the Council shall
establish a Market Committee composed of all exporting and
importing members. The aim of the Committee shall be to
review trends
cocoa production and
consumption,
stocks and prices, and to identify market
imbalances at an early stage as well as obstacles to the
expansion of cocoa consumption in both exporting and
importing countries.

and prospects of

2.
At its first session after the start of a new cocoa year, the
forecasts of world
Market Committee shall examine annual
production and consumption for the next five cocoa years. The
Executive Director shall provide the data necessary for the
preparation of these forecasts. The forecasts provided shall be
reviewed and revised, if necessary, every year.

3.
The Executive Director shall also present, for illustrative
purposes only, various scenarios based on indicative figures for
levels of global production necessary to achieve and
annual
maintain equilibrium between supply and demand at given
levels of real prices. The factors to be taken into consideration
shall
in production and
consumption in accordance with movements in real prices and
the estimated variations in stock levels.

include the expected variations

4.
On the basis of these forecasts, and in order to deal with
the problems of market imbalances in the medium and long
term,
the exporting members may undertake to coordinate
their national production policies.

The Committee shall submit detailed reports to each
6.
the Council, on the basis of which the
regular session of
Council
in particular
assessing the movement of global supply and demand in the
light of the provisions of this Article. The Council may make
recommendations to members on the basis of this assessment.

review the general

situation,

shall

The Committee shall draw up its own rules and

7.
regulations.

The Executive Director shall assist

8.
required.

the Committee as

Article 35

Market transparency

In

to

order

grindings,

transparency,

promote market

the
1.
information on
Organisation shall maintain up-to-date
exports
members’
cocoa and cocoa
(including re-exports) and imports of
products and stocks. For this purpose,
insofar as possible,
members shall provide the Executive Director with the relevant
statistics within a reasonable time and in as detailed and
accurate a manner as is practicable.

consumption,

production,

If a member

to supply, or

2.
fails
finds difficulty in
supplying, within a reasonable time, statistical
information
the
required by the Council
Organisation, the Council may require the member concerned
to explain the reasons for non-compliance. If it is found that
assistance is needed in the matter, the Council may offer the
existing
support
necessary measures
difficulties.

for the proper functioning of

overcome

to

of

3.
The Council shall take such additional measures as it
deems necessary to deal with non-compliance with the
provisions of this Article.

The Council shall make appropriate arrangements for the
it considers
the monitoring of market developments and
cocoa production and

4.
regular collection of other
relevant
assessing
consumption capacity.

information that

and potential

current

for

shall

endeavour

to encourage

countries. Each member

cocoa
5.
All members
consumption in their
shall be
responsible for the means and methods it employs for that
purpose. In particular, all members shall endeavour to remove
or reduce substantial domestic obstacles to the expansion of
cocoa consumption.
In this regard, members shall regularly
provide the Executive Director with information on pertinent
domestic regulations and measures and with other information
concerning cocoa consumption, including domestic taxes and
customs tariffs.

Article 36

Stocks

1.
In order to promote transparency in the market with
regard to levels of world cocoa stocks, each member shall
assist the Executive Director in obtaining information on the
volume of cocoa stocks in its country. Insofar as is possible,

L 342/16

EN

Official Journal of the European Communities

17.12.2002

members shall provide the Executive Director, by not later
than the end of May, with information on stocks of cocoa held
in their respective countries as at the end of the previous
cocoa year in as detailed, timely and accurate a manner as is
practicable.

fails

If a member

to supply, or

2.
finds difficulty in
supplying, within a reasonable time, statistical information on
stocks required by the Council for the proper functioning of
the Council may require the member
the Organisation,
concerned to explain the reasons for non-compliance. If it is
found that assistance is needed in the matter, the Council may
offer the necessary measures of support to overcome existing
difficulties.

3.
The Executive Director shall seek the full cooperation of
the private sector in this exercise, whilst fully respecting the
confidentiality associated with this
issues of commercial
information.

4.

The information shall pertain to stocks of cocoa beans.

5.
The Executive Director shall make an annual report to
the Market Committee on the information received on the
levels of cocoa stocks worldwide.

Article 37

Promotion

1. Members undertake to encourage the consumption of
chocolate and cocoa-based products
to increase
demand for cocoa by all possible means.

in order

Private sector participants or institutions may also contribute
to the promotion programmes in accordance with modalities
to be established by the Committee.

All decisions of
and

7.
campaigns
contributing to the Fund.

activities

the Committee related to promotion
taken by members

shall be

The Committee shall seek the approval of a country
8.
before conducting a promotion campaign in the territory of
that country.

The Committee shall draw up its own rules and

9.
regulations, and shall report regularly to the Council.

The Executive Director shall assist the Committee as

10.
required.

Article 38

Cocoa substitutes

1. Members recognise that the use of substitutes may have
negative effects on the expansion of cocoa consumption and
In this
the development of a sustainable cocoa economy.
of
regard, members
the
shall
recommendations and decisions of competent
international
bodies.

account

take

full

2.
The Executive Director shall make regular reports to the
Market Committee on the development of the situation. On
the basis of these reports, the Market Committee shall assess
the situation and, if necessary, make recommendations to the
Council for appropriate decisions.

To achieve this purpose, the Council shall establish a

2.
Promotion Committee to promote cocoa consumption.

CHAPTER IX

DEVELOPMENT OF A SUSTAINABLE COCOA ECONOMY

The Committee shall be open to all members of the

3.
Organisation.

4.
The Committee shall operate and through the Executive
Director administer a Promotion Fund which shall be used
solely to finance promotion campaigns, to sponsor research on
studies related to the consumption of cocoa and to cover
associated administrative expenses.

The Committee shall seek the collaboration of the private

5.
sector for the implementation of its activities.

Article 39

Sustainable cocoa economy

1. Members shall give due consideration to the sustainable
to provide fair
management of cocoa resources in order
economic returns to all stakeholders in the cocoa economy,
bearing in mind the principles and objectives of sustainable
development contained in Agenda 21, adopted by the United
Nations Conference on Environment
and Development
(UNCED) on 14 June 1992.

The promotion activities of

6.
the Committee shall be
financed by resources which may be pledged by members,
non-members, other organisations and the private sector.

2.
for a
The Organisation shall serve as a focal point
permanent dialogue among all stakeholders as appropriate to
foster the development of a sustainable cocoa economy.

17.12.2002

EN

Official Journal of the European Communities

L 342/17

The Council

3.
programmes and projects
economy and in accordance with paragraph 1 of this Article.

adopt
review
and periodically
related to a sustainable cocoa

shall

In doing so,

4.
bodies as necessary in order to avoid duplication of effort.

the Council shall coordinate with other

those for which conversion factors are set out
paragraph shall be fixed by the Council.

in this

The Council may, by special vote, revise the conversion

2.
factors in paragraph 1 of this Article.

CHAPTER X

MARKET-MONITORING PROVISIONS

CHAPTER XI

INFORMATION, STUDIES AND RESEARCH

Article 40

Daily price

Article 42

Information

1.
For the purposes of this Agreement and, in particular, for
monitoring the evolution of the cocoa market, the Executive
Director shall compute and publish a daily price of cocoa
beans. This price shall be expressed in special drawing rights
(SDRs) per tonne.

six months

2.
The daily price shall be the average taken daily of the
quotations for cocoa beans of the nearest three active future
trading months on the London International Financial Futures
and Options Exchange (LIFFE) and on the Board of Trade of
the City of New York at the time of the London close. The
London prices shall be converted into United States dollars per
tonne by using the current
forward rate of
exchange in London at closing time. The United States
dollar-denominated average of
the London and New York
the
prices shall be converted into its SDR equivalent at
appropriate daily official United States dollar/SDR exchange
rate published by the International Monetary Fund. The
Council shall decide the method of calculation to be used
when the quotations on only one of these two cocoa markets
are available or when the London Foreign Exchange market is
closed. The time for shift to the next three-month period shall
be the fifteenth of
the month immediately preceding the
nearest active maturing month.

3.
The Council may, by special vote, decide on any other
method of computing the daily price if it considers such other
method to be more satisfactory than that prescribed in this
Article.

Article 41

Conversion factors

For the purpose of determining the beans equivalent of
1.
cocoa products, the following shall be the conversion factors:
cocoa butter 1,33; cocoa cake and powder 1,18; cocoa
paste/liquor and nibs 1,25. The Council may determine,
if
necessary,
that other products containing cocoa are cocoa
products. The conversion factors for cocoa products other than

The Organisation shall act as a global information centre
1.
for
and
the
dissemination of information on all factors relating to cocoa
and cocoa products. Such information shall include:

collection,

exchange

collation,

efficient

(a) statistical information on world production, prices, exports

and imports, consumption and stocks of cocoa;

(b)

insofar as is considered appropriate, technical information
on the cultivation, marketing, transportation, processing,
utilisation and consumption of cocoa; and

(c)

information on government policies,
standards, regulations and legislation relating to cocoa.

taxation, national

2.
The Council shall at appropriate times, but not less than
twice in any cocoa year, publish estimates of production of
cocoa beans and grindings for that cocoa year.

Article 43

Studies

of

and

shall,

expansion of

to the extent

production
for

consumption
cocoa

it considers necessary,
The Council
promote studies of the economics of cocoa production and
distribution,
including trends and projections, the impact of
governmental measures in exporting and importing countries
the
the
on
cocoa,
consumption for
opportunities
traditional and possible new uses, and the effects of
the
operation of this Agreement on exporters and importers of
cocoa,
It may submit
terms of
recommendations to members on the subject of these studies.
In the promotion of these studies, the Council may cooperate
with
appropriate
institutions and the private sector. The Council may also
promote
to greater market
transparency.

likely to contribute

including their

organisations

international

studies

trade.

other

and

L 342/18

EN

Official Journal of the European Communities

17.12.2002

Article 44

Scientific research and development

international organisations,
private sector.

research institutions

and the

development

The Council shall encourage and promote scientific research
and
cocoa production,
transportation, processing and consumption as well as the
dissemination and practical application of the results obtained
in this field. To this end, the Organisation may cooperate with

in the

areas

of

Article 45

Annual report

The Council shall publish an Annual Report.

PART FIVE

OTHER PROVISIONS

the Charter of the United Nations for territories administered
under the trusteeship system.

CHAPTER XII

FINE OR FLAVOUR COCOA

Article 46

Fine or flavour cocoa

this Agreement,
if necessary,

review Annex C of
revise

The Council shall, at its first session following the entry
1.
this
into force of
Agreement and,
it by special vote,
determining the proportions in which the countries listed
therein produce and export exclusively or partially fine or
flavour cocoa. Thereafter, the Council may at any time during
the lifetime of
if
necessary, revise it by special vote. The Council shall seek
expert advice on this matter, as appropriate.

review Annex C and,

this Agreement

2.
The Market Committee may make proposals for the
Organisation to devise and implement a system of statistics on
production of and trade in fine or flavour cocoa.

Giving due consideration to the importance of fine or
and adopt
as
flavour cocoa in

3.
flavour
appropriate, projects relating to fine or
accordance with the provisions of Articles 37 and 39.

cocoa, members

examine,

shall

CHAPTER XIII

The Council,

in granting relief

2.
to a member under
paragraph 1 of this Article, shall state explicitly the terms and
conditions on which, and the period for which, the member is
relieved of the obligation and the reasons for which the relief
is granted.

3.
Notwithstanding the foregoing provisions of this Article,
the Council shall not grant relief to a member in respect of the
the
obligation under Article 26 to pay contributions, or
consequences of a failure to pay them.

4.
The basis for the calculation of the distribution of votes
of an exporting member, for which the Council has recognised
a case of force majeure, shall be the effective volume of its
exports for the year in which the force majeure occurred and
subsequently for the ensuing three years following the force
majeure.

Article 48

Differential and remedial measures

taken under

Developing importing members, and least developed countries
which are members, whose interests are adversely affected by
this Agreement may apply to the
measures
Council for appropriate differential and remedial measures. The
Council shall consider taking such appropriate measures in the
light of the provisions of resolution 93 (IV) adopted by the
United Nations Conference on Trade and Development.

RELIEF FROM OBLIGATIONS AND DIFFERENTIAL AND
REMEDIAL MEASURES

CHAPTER XIV

Article 47

Relief from obligations in exceptional circumstances

The Council may, by special vote, relieve a member of an
1.
obligation
emergency
circumstances, force majeure, or international obligations under

exceptional

account

on

or

of

CONSULTATIONS, DISPUTES AND COMPLAINTS

Article 49

Consultations

Each member shall accord full and due consideration to any
representations made to it by another member concerning the

17.12.2002

EN

Official Journal of the European Communities

L 342/19

interpretation or application of this Agreement and shall afford
adequate opportunity for consultations. In the course of such
consultations, on the request of either party and with the
consent of the other, the Executive Director shall establish an
appropriate conciliation procedure. The costs of
such a
procedure shall not be chargeable to the Organisation. If such
a procedure leads to a solution, this shall be reported to the
Executive Director. If no solution is reached, the matter may,
at the request of either party, be referred to the Council in
accordance with Article 50.

Article 50

Disputes

1.
Any dispute concerning the interpretation or application
of this Agreement which is not settled by the parties to the
dispute shall, at the request of either party to the dispute, be
referred to the Council for decision.

2. When a dispute has been referred to the Council under
paragraph 1 of this Article and has been discussed, members
holding not less than one third of the total votes, or any five
members, may require the Council, before giving its decision,
to seek the opinion on the issues in dispute of an ad hoc
advisory panel to be constituted as described in paragraph 3 of
this Article.

3.

(a) Unless the Council by special vote decides otherwise,

the ad hoc advisory panel shall consist of:

(i)

two persons, one having wide
in
matters of the kind in dispute and the other having
legal standing and experience, nominated by the
exporting Members;

experience

(ii) two persons, one having wide

in
matters of the kind in dispute and the other having
legal standing and experience, nominated by the
importing members; and

experience

(iii) a chairman selected unanimously by the four
persons nominated under (i) and (ii) above or,
if
they fail to agree, by the Chairman of the Council.

(b) Nationals of members shall not be ineligible to serve

on the ad hoc advisory panel.

(c) Persons appointed to the ad hoc advisory panel shall
act in their personal capacities and without instructions
from any Government.

(d) The costs of the ad hoc advisory panel shall be paid by

the Organisation.

The opinion of the ad hoc advisory panel and the reasons
shall be submitted to the Council, which, after
shall decide the

the relevant

information,

4.
therefor
considering all
dispute.

Article 51

Complaints and action by the Council

1.
Any complaint that any member has failed to fulfil its
obligations under this Agreement shall, at the request of the
member making the complaint, be referred to the Council,
which shall consider it and take a decision on the matter.

2.
Any finding by the Council that a member is in breach
of its obligations under this Agreement shall be made by a
simple distributed majority vote and shall specify the nature of
the breach.

the Council, whether

3. Whenever
result of a
complaint or otherwise, finds that a member is in breach of its
obligations under this Agreement, it may, without prejudice to
such other measures as are specifically provided for in other
including Article 61, by special
Articles of this Agreement,
vote:

as a

(a) suspend that member’s voting rights in the Council and in

the Executive Committee; and

(b)

if it considers it necessary, suspend additional rights of
such member,
including that of being eligible for, or of
holding, office in the Council or in any of its committees,
until it has fulfilled its obligations.

A member whose voting rights are suspended under
4.
paragraph 3 of this Article shall remain liable for its financial
and other obligations under this Agreement.

CHAPTER XV

STANDARD OF LIVING AND WORKING CONDITIONS

Article 52

Standard of living and working conditions

Members shall give consideration to improving the standard of
living and working conditions of populations engaged in the
cocoa sector, consistent with their
stage of development,
bearing in mind internationally recognised principles on these
matters. Furthermore, members agree that
labour standards
shall not be used for protectionist trade purposes.

L 342/20

EN

Official Journal of the European Communities

17.12.2002

CHAPTER XVI

FINAL PROVISIONS

Article 53

Depositary

2.
The Council shall determine under which of the Annexes
to this Agreement the acceding State is to be deemed to be
listed, if such State is not listed in any of these Annexes.

Accession shall be effected by deposit of an instrument

3.
of accession with the depositary.

Article 57

The Secretary-General of
designated as the depositary of this Agreement.

the United Nations

is hereby

Notification of provisional application

Article 54

Signature

to the

This Agreement shall be open for signature at United Nations
from 1 May 2001 until and including 31
Headquarters
December 2002 by parties
International Cocoa
Agreement, 1993, and governments invited to the United
Nations Cocoa Conference, 2000. The Council under
the
International Cocoa Agreement, 1993, or the Council under
this Agreement may, however, extend once the period of
signature of this Agreement. The Council shall
immediately
notify the depositary of such extension.

Article 55

Ratification, acceptance, approval

This Agreement

1.
acceptance or approval by the signatory governments
accordance with their respective constitutional procedures.

ratification,
in

subject

shall

be

to

2.
Instruments of ratification, acceptance or approval shall
be deposited with the depositary not later than 31 December
2003. The Council under the International Cocoa Agreement,
1993, or the Council under this Agreement may, however,
grant extensions of time to signatory governments which are
unable to deposit their instruments by that date.

Each

government

3.
of
ratification, acceptance or approval shall, at the time of such
deposit,
indicate whether it is an exporting Member or an
importing Member.

instrument

depositing

an

Article 56

Accession

This Agreement

1.
government of any State entitled to sign it.

shall be open to accession by the

1.
A signatory government which intends to ratify, accept
or approve this Agreement or a government which intends to
accede to the Agreement, but which has not yet been able to
deposit its instrument, may at any time notify the depositary
that, in accordance with its constitutional procedures and/or its
domestic laws and regulations,
it will apply this Agreement
provisionally either when it enters into force in accordance
with Article 58 or, if it is already in force, at a specified date.
Each government giving such notification shall at that time
state whether it will be an exporting member or an importing
member.

A government which has notified under paragraph 1 of
2.
this Article that it will apply this Agreement either when it
enters into force or at a specified date shall, from that time, be
a provisional member. It shall remain a provisional member
until
its instrument of ratification,
acceptance, approval or accession.

the date of deposit of

Article 58

Entry into force

least

This Agreement shall enter into force definitively on 1
1.
if by such date
October 2003, or any time thereafter,
governments representing at
five exporting countries
accounting for at least 80 % of the total exports of countries
listed in Annex A and governments representing importing
countries having at least 60 % of total imports as set out in
Annex B have deposited their
ratification,
acceptance, approval or accession with the depositary. It shall
also enter into force definitively once it has entered into force
provisionally and these percentage requirements are satisfied
by the deposit of
ratification, acceptance,
approval or accession.

instruments of

instruments of

2.
This Agreement shall enter into force provisionally on 1
January 2002 if by such date governments representing at least
five exporting countries accounting for at least 80 % of the
total exports of countries listed in Annex A and governments
representing importing countries having at least 60 % of total
imports
in Annex B have deposited their
instruments of ratification, acceptance, approval or accession,
they will apply this
or have notified the depositary that
Agreement provisionally when it enters
into force. Such
governments shall be provisional members.

set out

as

17.12.2002

EN

Official Journal of the European Communities

L 342/21

3.
If the requirements for entry into force under paragraph
1 or paragraph 2 of this Article have not been met by 1
September 2002, the Secretary-General of the United Nations
shall, at the earliest time practicable, convene a meeting of
those governments which have deposited instruments of
ratification, acceptance, approval or accession, or have notified
the
this Agreement
provisionally. These governments may decide whether to put
this Agreement into force definitively or provisionally among
themselves,
in whole or in part, on such date as they may
determine or to adopt any other arrangement as they may
deem necessary.

they will

depositary

apply

that

4.
For a government on whose behalf an instrument of
ratification, acceptance, approval or accession or a notification
of provisional application is deposited after the entry into
force of
in accordance with paragraph 1,
paragraph 2 or paragraph 3 of this Article, the instrument or
notification shall take effect on the date of such deposit and,
with regard to notification of provisional application,
in
accordance with the provisions of paragraph 1 of Article 57.

this Agreement

Article 59

Reservations

from the Organisation. The Council

such Member
shall
immediately notify the depositary of any such exclusion.
Ninety days after the date of
that
the Council’s decision,
Member shall cease to be a member of the Organisation.

Article 62

Settlement of accounts with withdrawing or excluded
Members

The Council shall determine any settlement of accounts with a
withdrawing or excluded member. The Organisation shall
retain any amounts already paid by a withdrawing or excluded
member, and such member shall remain bound to pay any
amounts due from it
the time the
withdrawal or the exclusion becomes effective, except that, in
the case of a Contracting Party which is unable to accept an
amendment and consequently ceases to participate in this
Agreement under the provisions of paragraph 2 of Article 64,
the Council may determine any settlement of accounts which
it finds equitable.

to the Organisation at

Article 63

Reservations may not be made with respect to any of the
provisions of this Agreement.

Duration, extension and termination

Article 60

Withdrawal

1.
This Agreement shall remain in force until the end of the
fifth full cocoa year after its entry into force, unless extended
under paragraph 3 of this Article, or terminated earlier under
paragraph 4 of this Article.

1.
At any time after the entry into force of this Agreement,
any member may withdraw from this Agreement by giving
written notice of withdrawal to the depositary. The member
shall
the action it has
taken.

immediately inform the Council of

2. While this Agreement is in force, the Council may, by
special vote, decide to renegotiate it with a view to having the
renegotiated Agreement enter into force at the end of the fifth
cocoa year referred to in paragraph 1 of this Article, or at the
end of any period of extension decided upon by the Council
under paragraph 3 of this Article.

2. Withdrawal shall become effective 90 days after the
notice is received by the depositary. If, as a consequence of
withdrawal, membership in this Agreement
falls below the
requirements provided for in paragraph 1 of Article 58 for its
entry into force, the Council shall meet in special session to
review the situation and to take appropriate decisions.

3.
The Council may, by special vote, extend this Agreement
in whole or in part for two periods not exceeding two cocoa
years each. The Council shall notify the depositary of any such
extension.

Article 61

Exclusion

4.
The Council may at any time, by special vote, decide to
terminate this Agreement. Such termination shall take effect
on such date as the Council shall decide, provided that the
obligations of members under Article 26 shall continue until
the financial
this
Agreement have been discharged. The Council shall notify the
depositary of any such decision.

relating to the operation of

liabilities

If the Council finds, under paragraph 3 of Article 51, that any
Member is in breach of its obligations under this Agreement
and decides further that such breach significantly impairs the
operation of this Agreement, it may, by special vote, exclude

5.
Notwithstanding the termination of this Agreement by
any means whatsoever, the Council shall remain in being for
the
as long as necessary to carry out

the liquidation of

L 342/22

EN

Official Journal of the European Communities

17.12.2002

Organisation, settlement of
its
assets. The Council shall have during that period the necessary
powers for the conclusion of all administrative and financial
matters.

its accounts and disposal of

Notwithstanding the provisions of paragraph 2 of Article
6.
60, a member which does not wish to participate in this
Agreement as extended under this Article shall so inform the
depositary and the Council. Such member shall cease to be a
party to this Agreement from the beginning of the period of
extension.

Article 64

Amendments

after

shall become

The Council may, by special vote,

1.
recommend an
amendment of this Agreement to the Contracting Parties. The
amendment
the
effective 100 days
received notifications of acceptance from
depositary has
Contracting Parties representing at least 75 % of the exporting
members holding at least 85 % of the votes of the exporting
members, and from Contracting Parties representing at least
75 % of the importing members holding at least 85 % of the
votes of the importing members, or on such later date as the
Council may, by special vote, have determined. The Council
may fix a time within which Contracting Parties shall notify
the depositary of their acceptance of the amendment, and, if
the amendment has not become effective by such time, it shall
be considered withdrawn.

2.
Any member on behalf of which notification of
acceptance of an amendment has not been made by the date
on which such amendment becomes effective shall, as of that
date, cease to participate in this Agreement, unless the Council
decides to extend the period fixed for acceptance for such
member to enable it to complete its internal procedures. Such
member shall not be bound by the amendment before it has
notified its acceptance thereof.

3.
Immediately upon adoption of a recommendation for an
amendment the Council shall communicate to the depositary
the amendment. The Council shall
copies of

the text of

provide the depositary with the information necessary to
determine whether the notifications of acceptance received are
sufficient to make the amendment effective.

CHAPTER XVII

SUPPLEMENTARY AND TRANSITIONAL PROVISIONS

Article 65

Special Reserve Fund

1.
A Special Reserve Fund shall be maintained for the sole
purposes of meeting the eventual liquidation expenses of the
Organisation. The Council shall decide how the interest earned
on this Fund will be used.

2.
The Special Reserve Fund established by the Council
the International Cocoa Agreement, 1993, shall be
under
transferred to this Agreement for the purpose set out under
paragraph 1.

A non-member of the International Cocoa Agreement,
3.
1993, which becomes a member of this Agreement shall be
required to contribute to the Special Reserve Fund. The
contribution of such member shall be assessed by the Council
on the basis of the number of votes to be held by the member.

Article 66

Other supplementary and transitional provisions

This Agreement shall be considered as a replacement of

1.
the International Cocoa Agreement, 1993.

2.
All acts by or on behalf of the Organisation or any of its
organs under the International Cocoa Agreement, 1993, which
are in effect on the date of entry into force of this Agreement
and the terms of which do not provide for expiry on that date
shall remain in effect unless changed under the provisions of
this Agreement.

17.12.2002

EN

Official Journal of the European Communities

L 342/23

ANNEXES

ANNEX A

Exports of cocoa (a) calculated for the purposes of Article 58 (Entry into force)

Country (b)

1996/97

1997/98

1998/99

(tonnes)

Average Three-year period
1996/97 to 1998/99

(share)

C(cid:244)te d’Ivoire

Ghana

Indonesia

Nigeria

Cameroon

Malaysia

Ecuador

Brazil

Dominican Republic

Papua New Guinea

Venezuela

Togo

Guinea

Peru

Equatorial Guinea

Sao Tome and Principe

Solomon Islands

Haiti

Sierra Leone

Tanzania

Democratic Republic of the
Congo

Madagascar

Honduras

Costa Rica

Liberia

Uganda

Vanuatu

Grenada

Congo

Jamaica

Colombia

Trinidad and Tobago

Gabon

m

m

m

m

m

m

m

m

m

m

m

m

m

m

m

m

m

m

1 080 296

1 162 008

1 325 710

1 189 338

323 906

381 174

409 578

371 553

321 431

304 558

379 181

335 057

145 670

133 784

189 311

156 255

115 373

110 334

119 834

115 180

89 201

107 965

59 770

43 712

28 220

10 162

9 000

6 260

6 865

3 630

2 850

3 729

4 070

4 100

3 200

2 500

1 853

2 737

3 746

670

1 260

960

1 020

870

1 248

5 567

809

700

57 761

24 069

58 972

56 328

25 727

8 133

5 924

9 000

7 302

5 240

3 520

4 036

3 275

2 110

3 160

2 600

3 187

1 679

2 476

1 980

710

1 207

1 134

1 085

1 034

804

973

542

71 705

69 897

16 736

22 120

35 206

9 624

6 849

5 090

4 699

4 140

4 600

2 680

1 682

2 700

2 410

2 460

2 482

2 766

ﬂ 936

2 000

2 030

1 416

966

950

496

ﬂ 3 809

615

668

72 889

67 310

45 159

40 720

29 718

9 306

7 258

6 783

6 289

4 337

3 657

3 482

3 009

2 970

2 923

2 520

2 507

2 394

1 762

1 550

1 333

1 194

1 040

968

926

854

799

637

47,72 %

14,91 %

13,44 %

6,27 %

4,62 %

2,92 %

2,70 %

1,81 %

1,63 %

1,19 %

0,37 %

0,29 %

0,27 %

0,25 %

0,17 %

0,15 %

0,14 %

0,12 %

0,12 %

0,12 %

0,10 %

0,10 %

0,10 %

0,07 %

0,06 %

0,05 %

0,05 %

0,04 %

0,04 %

0,04 %

0,03 %

0,03 %

0,03 %

L 342/24

EN

Official Journal of the European Communities

17.12.2002

Country (b)

1996/97

1997/98

1998/99

Average Three-year period
1996/97 to 1998/99

Cuba

Dominica

Nicaragua

Belize

Benin

Fiji

Saint Lucia

Samoa

Total (c)

387

230

98

40

ﬂ 5

50

1

7

(tonnes)

466

165

49

140

193

20

22

2

179

100

159

50

ﬂ 5

105

2

(cid:151)

(share)

0,01 %

0,01 %

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

344

165

102

77

61

58

8

3

2 394 158

2 386 883

2 696 446

2 492 496

100,00 %

m

Notes:
(a) Three-year-average, 1996/97 to 1998/99 of net exports of cocoa-beans plus net exports of cocoa products converted to beans

equivalent using the following conversion factors: cocoa butter 1,33: cocoa powder and cake 1,18: cocoa paste/liquor 1,25.

(b)

List restricted to countries which individually exported cocoa in the three-year period 1996/97 to 1998/99, based on information
available to the ICCO Secretariat.

(c) Totals may differ from the sum of constituents due to rounding.

m Member of the International Cocoa Agreement, 1993 as at 31 January 2001.

(cid:151) nil, negligible or less than the unit employed..

Source: International Cocoa-Organisation, Quarterly Bulletin of Cocoa Statistics, Vol. XXVII, No. 1, Cocoa Year 2000/01.

17.12.2002

EN

Official Journal of the European Communities

L 342/25

ANNEX B

Imports of cocoa (a) calculated for the purposes of Article 58 (Entry into force)

Country (b)

1996/97

1997/98

1998/99

(tonnes)

Average Three-year period
1996/97 to 1998/99

(share)

United States
of America

Germany

Netherlands

France

United Kingdom

Belgium/Luxembourg

Italy

Spain

Canada

Russian Federation

Japan

Singapore

Poland

Switzerland

Australia

China

Austria

Argentina

Turkey

Sweden

Czech Republic

Estonia

Denmark

Ireland

South Africa

Philippines

Ukraine

Mexico (c)

Thailand

Hungary

Korea, Republic of

Finland

Greece

Chile

m

m

m

m

m

m

m

m

m

m

m

m

m

m

m

m

m

m

595 346

680 584

652 266

642 732

19,20 %

449 538

449 604

364 642

421 261

505 869

361 629

385 815

417 771

12,59 %

12,48 %

278 958

278 264

314 113

290 445

223 194

243 177

309 038

258 470

152 423

143 102

117 878

137 801

113 478

116 406

111 943

113 942

95 622

91 592

92 945

90 530

72 305

55 374

50 683

46 378

37 038

31 906

31 897

26 443

21 687

19 488

29 615

13 280

16 003

17 587

15 711

9 584

7 889

15 242

12 683

14 776

12 110

6 863

9 622

123 784

107 130

108 845

112 974

101 293

101 953

98 261

75 848

70 593

52 656

45 992

45 812

33 908

34 118

34 857

24 559

21 098

17 335

26 394

16 937

15 340

13 717

13 636

18 684

11 694

13 446

13 893

9 999

11 020

14 065

11 004

81 676

82 532

76 699

61 167

53 261

51 475

35 075

35 848

33 864

21 945

20 591

14 551

ﬂ 6 850

17 043

15 048

13 359

15 257

15 017

22 036

12 888

12 893

12 574

10 147

12 124

9 972

90 961

82 970

73 199

56 399

49 979

47 888

35 340

33 957

33 539

24 316

21 125

17 125

16 386

15 753

15 464

14 888

14 868

14 428

13 873

13 859

13 156

12 450

11 092

11 017

10 199

8,68 %

7,72 %

4,12 %

3,40 %

3,25 %

3,05 %

2,72 %

2,48 %

2,19 %

1,69 %

1,49 %

1,43 %

1,06 %

1,01 %

1,00 %

0,73 %

0,63 %

0,51 %

0,49 %

0,47 %

0,46 %

0,44 %

0,44 %

0,43 %

0,41 %

0,41 %

0,39 %

0,37 %

0,33 %

0,33 %

0,30 %

L 342/26

EN

Official Journal of the European Communities

17.12.2002

Country (b)

1996/97

1997/98

1998/99

(tonnes)

Average Three-year period
1996/97 to 1998/99

(share)

m

m

m

m

Norway

Romania

New Zealand

Slovak Republic

Israel

Egypt

Yugoslavia, Fed. Rep. of

Croatia

Algeria

Bulgaria

Portugal

Lithuania

Belarus

Syrian Arab Republic

Iran

Hong Kong

India (c)

Morocco

Latvia

Tunisia

Saudi Arabia

Uruguay

Lebanon

Kazakhstan

Slovenia

Macedonia (FYR)

Jordan

Iceland

Kenya

Vietnam

Pakistan

Republic of Moldova

Panama (c)

Cyprus

Bolivia

Sri Lanka (c)

9 349

8 943

8 585

8 846

8 995

5 893

6 656

4 579

2 237

2 993

3 605

3 742

2 647

1 602

2 548

1 666

1 389

2 416

2 469

1 713

944

1 402

1 004

1 572

873

1 343

646

613

476

413

483

635

393

318

158

176

8 755

9 226

8 322

9 080

9 347

6 290

4 704

4 670

4 024

2 980

3 714

3 968

3 362

4 968

4 079

3 183

2 677

2 611

2 626

1 598

2 333

1 377

1 169

1 066

1 079

819

1 114

965

1 075

566

389

474

304

304

188

302

9 225

8 194

9 231

8 176

7 628

8 841

4 032

2 873

5 027

4 979

3 574

3 006

3 582

2 828

1 998

3 371

3 386

1 932

1 653

2 282

2 070

1 633

1 370

898

1 433

801

960

602

489

885

885

548

229

304

505

355

9 110

8 788

8 713

8 701

8 657

7 008

5 131

4 041

3 763

3 651

3 631

3 572

3 197

3 133

2 875

2 740

2 484

2 320

2 249

1 864

1 782

1 471

1 181

1 179

1 128

988

907

727

680

621

586

552

309

309

284

278

0,27 %

0,26 %

0,26 %

0,26 %

0,26 %

0,21 %

0,15 %

0,12 %

0,11 %

0,11 %

0,11 %

0,11 %

0,10 %

0,09 %

0,09 %

0,08 %

0,07 %

0,07 %

0,07 %

0,06 %

0,05 %

0,04 %

0,04 %

0,04 %

0,03 %

0,03 %

0,03 %

0,02 %

0,02 %

0,02 %

0,02 %

0,02 %

0,01 %

0,01 %

0,01 %

0,01 %

17.12.2002

EN

Official Journal of the European Communities

L 342/27

Country (b)

1996/97

1997/98

1998/99

(tonnes)

Average Three-year period
1996/97 to 1998/99

(share)

Uzbekistan

Zimbabwe

Libyan Arab. Jamahiriya

Albania

Guatemala (c)

Bosnia and Herzegovina

Georgia

Malta

El Salvador

Zambia

Saint Vincent/Grenadines

Barbados

Total (d)

87

54

59

83

ﬂ 29

116

100

49

24

24

13

12

133

141

42

116

ﬂ 38

53

100

40

18

(cid:151)

5

9

173

142

224

122

376

135

100

56

71

48

18

5

131

112

108

107

103

101

100

48

38

24

12

9

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

3 366 573

3 368 717

3 305 565

3 346 952

100,00 %

Notes:
(a) Three-year-average, 1996/97 to 1998/99 of net imports of cocoa-beans plus gross exports of cocoa products converted to beans

equivalent using the following conversion factors: cocoa butter 1,33: cocoa powder and cake 1,18: cocoa paste/liquor 1,25.

(b)

List restricted to countries which individually imported cocoa in the three-year period 1996/97 to 1998/99, based on information
available to the ICCO Secretariat.

(c) Country may also qualify as an exporting country.

(d) Totals may differ from the sum of constituents due to rounding.

m Member of the International Cocoa Agreement, 1993 as at 31 January 2001.

(cid:151) nil, negligible or less than the unit employed.

Source: International Cocoa-Organisation, Quarterly Bulletin of Cocoa Statistics, Vol. XXVII, No. 1, Cocoa Year 2000/01.

L 342/28

EN

Official Journal of the European Communities

17.12.2002

ANNEX C

Producing countries exporting either exclusively or partially fine or flavour cocoa

Costa Rica

Dominica

Ecuador

Grenada

Indonesia

Jamaica

Madagascar

Panama

Papua New Guinea

Saint Lucia

Saint Vincent and the Grenadines

Samoa

Sªo TomØ and Principe

Sri Lanka

Suriname

Trinidad and Tobago

Venezuela