CELEX: 51993PC0513
Language: en
Date: 1993-10-26
Title: Proposal for a COUNCIL DECISION concerning the signing and notification of the provisional application of the international Cocoa Agreement 1993 on behalf of the Community and its Member States

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                              COMMISSION OF THE EUROPEAN COMMUNITIES
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                                                                            C0M(93) 513 final
                                                                            Brussels, 26 October 1993
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                                                             Proposal for a
                                                            COUNCIL DECISION
                                 concerning the signing and notification of the provisional application
                                                 of the International Cocoa Agreement 1993
                                             on behalf of the Conununlty and Its Member States
                                                     (presented by the Commission)
 ---pagebreak---                                         A <x-
                                FXPI ANATORY MEMORANDUM
    1. The negotiation of the International Cocoa Agreement 1993 was concluded
       on 16 July at the end of the fifth session of the negotiating conference.
       This International commodity agreement was negotiated on the basis of
       Resolution 93(IV) and the new "Cartagena Commitment" partnership for
       development and the relevant objectives In the "Spirit of Cartagena"
       adopted at the eighth UNCTAD Conference.
    2. The main objectives of the Agreement are as follows:
               (I)   to promote and reinforce International cooperation In all
                     sectors of the world cocoa economy;
              (II)   to help stabilize the world cocoa market, In the Interests
                     of all the members, by aiming to encourage the balanced
                     development of the world cocoa economy-,
             (III)   to facilitate the expansion of International trade in cocoa;
              (Iv)   to ensure balanced supplies at reasonable prices which are
                     fair to producers and consumers;
               (v)   to promote transparent operation of the world cocoa economy.
    3. The main changes to the 1993 Agreement as compared with the 1986 one
       concern mainly the abolition of clauses on the setting of a price bracket
       and price regulation mechanisms (buffer stock/withdrawals).
    4. The new economic clauses are based on the establishment and observance by
        the exporting countries of plans for managing production with the medlum-
       and long-term aim of achieving a lasting balance between world cocoa
       production and consumption. This production policy will be supplemented
       by activities aimed at examining consumer trends and prospects and
       avoiding any possible barriers to an Increase In production.
    5. The Community and the Member States participated In the negotiation of
        the Agreement In line with the common position laid down by the
       Council. 1 The Member States acknowledged at the close of the
       negotiations that the objectives and content of the new Agreement were
        in accordance with this common position.
       See 6828/92 of 27 April 1992, Proba 20 and also the changes made by the
       Permanent Representatives Committee on 2 and 8 July 1992.
!2J
 ---pagebreak---                                     - 2 <à^
6. The Agreement was open for signing from 16 August to 30 September 1993,
   the date on which the 1986 Agreement, which can no longer be renewed,
   expires. However, pursuant to a decision adopted by the International
   Cocoa Council at its 46th regular session held from 9 to 18 September
   1993, the period has been extended from 1 October 1993 to 28 February
   1994. The Commission proposes that the Community and Its Member States:
        should sign the 1993 Agreement as soon as possible;
        should declare their Intention of applying this Agreement
        provisionally.
   The draft decision attached at annex, which the Council  Is requested to
   adopt, was drawn up to that end.
 ---pagebreak---                      Proposal for a Council Decision of ...
              concerning the signing and provisional application
                   of the International Cocoa Agreement 1993
               on behalf of the Community and Its Member States
The Council of the European Communities,
Having regard to the Treaty establishing the European Economic Community and
in particular Articles 113 and 116 thereof,
Having regard to the proposal from the Commission,
Whereas the International Cocoa Agreement 1993 negotiated on the basis of
Resolution 93 (IV), the "new partnership for development: Cartagena
Commitment" and the relevant objectives In the final document "Cartagena
Spirit" adopted by the United Nations Trade and Development Conference at
Its eighth session, is open for signing from 16 August to 30 September 1993;
Whereas, pursuant to the decision adopted by the International Cocoa Council
at its 46th regular session held In London from 9 to 18 September 1993, the
period for signature, ratification, acceptance or approval of the
International Cocoa Agreement 1993 has been extended from 1 October 1993 to
28 February 1994;
Whereas the International Cocoa Agreement 1986 expires on 30 September 1993
and whereas the new Agreement must be applied as soon as possible;
Whereas the objectives pursued by the Agreement fit into the context of the
common commercial policy,
Whereas the Agreement provides for the following means of financing:
        contributions from the Contracting Parties to the administrative
         budget ;
         voluntary contributions;
         contributions from Contracting Parties for carrying out production
        management plans and programmes;
Whereas the application of this Agreement presupposes action by the
Community and at the same time Joint action by the Member States;
Whereas the Community and the Member States should sign the Agreement lodged
with the Secretary-General of the United Nations and notify, by
28 February 1994, their Intention to apply the new Agreement on a
provisional basis;
HAS DECIDED AS FOLLOWS:
 ---pagebreak---                                    V o. -
                                  Article 1
1. By 28 February 1994 the Community and the Member States shall sign the
   International Cocoa Agreement 1993, which Is lodged with the United
   Nations Secretary-General. The text Is attached to this Decision.
2. Once they have completed the requisite   internal procedures, the Community
   and Its Member States shall notify the  Secretary General of the United
   Nations Organlsaton of their Intention  to apply the International Cocoa
   Agreement 1993 on a provisional basis,   In accordance with Articles 55 and
   56(2) of the Agreement.
                                  Article 2
The President of the Council Is hereby authorized to designate the person
empowered to sign the Agreement and deposit the notification of provisional
application on behalf of the Community.
Done at Brussels,                                 For the CounclI
                                                  The President
 ---pagebreak---                              D
                                ^                    TD/COCOA.8/17
  UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT
                         Geneva
         INTERNATIONAL
COCOA AGREEMENT, 1993
                  UNITED NATIONS
                   New York, 1993
 ---pagebreak---                        INTERNATIONAL COCOA AGREEMENT, 1993
                                     CONTENTS
Article                                                               Page
                     PART ONE; OBJECTIVES AND DEFINITIONS
                              CHAPTER I.   OBJECTIVES
 1.     Objectives                                                     4
                            CHAPTER II. DEFINITIONS
 2.     Definitions                                                    4
                      PART TWO:   CONSTITUTIONAL PROVISIONS
                             CHAPTER III. MEMBERSHIP
 3.     Membership in the Organization                                 7
 4.     Membership by intergovernmental organizations                  7
                 CHAPTER IV.    ORGANIZATION AND ADMINISTRATION
 5.     Establishment, headquarters and structure of the
        International Cocoa Organization                               8
 6.     Composition of the International Cocoa Council                 8
 7.     Powers and functions of the Council                            8
 8.     Chairman and Vice-chairmen of the Council                      9
 9.     Sessions of the Council                                        9
10.     Votes                                                         10
11.     Voting procedure of the Council                               11
12.     Decisions of the Council                                      11
13.     Cooperation with other organizations                          12
14.     Admission of observers                                        12
15.     Composition of the Executive Committee                        12
16.     Election of the Executive Committee                           13
17.     Competence of the Executive Committee                         13
18.     Voting procedure and decisions of the Executive Committee . . 14
19.     Quorum for the Council and the Executive Committee            15
20.     The staff of the Organization                                 15
                     CHAPTER V.    PRIVILEGES AND IMMUNITIES
21.     Privileges and immunities                                     16
GE.93-52870  (E)
                                       - 1-
 ---pagebreak--- Article                                                              Page
                       PART THREE; FINANCIAL PROVISIONS
                              CHAPTER VI. FINANCE
22.     Finance                                                       17
23.     Liabilities of Members                                        17
24.     Approval of the administrative budget and assessment
        of contributions . .                                          17
25.     Payment of contributions to the administrative budget   ....  18
26.     Audit and publication of accounts                             19
27.     Relationship with the Common Fund for Commodities             19
                        PART FOUR;   ECONOMIC PROVISIONS
                        CHAPTER VII.   SUPPLY AND DEMAND
28.     Cooperation among Members                                     20
29.     Production                                                    20
 30.    Stocks                                                        21
 31.    Assurance of supplies and access to markets                   21
 32.    Consumption                                                   22
 33.    Cocoa substitutes                                             23
 34.    Commercial transactions with non-members                      24
             PART FIVE; MARKET-MONITORING AND RELATED PROVISIONS
                  CHAPTER VIII.   MARKET-MONITORING PROVISIONS
 35.    Daily price                                                   25
 36.    Reporting of exports and imports    .                         25
 37.    Conversion factors                                            26
                 CHAPTER IX.  INFORMATION, STUDIES AND RESEARCH
 38.    Information                                                   26
 39.    Studies                                                       27
 40.    Scientific research and development     .                     27
 41.    Annual review and report                                      27
                CHAPTER X. COOPERATION WITHIN THE COCOA ECONOMY
 42.    Cooperation within the cocoa economy                          27
                           PART SIX; OTHER PROVISIONS
                       CHAPTER XI. FINE OR FLAVOUR COCOA
 43.    Fine or flavour cocoa                                         29
                                      - 2 -
 ---pagebreak--- Article                                                                Page
                   CHAPTER XII. RELIEF FROM OBLIGATIONS, AND
                       DIFFERENTIAL AND REMEDIAL MEASURES
44.     Relief from obligations in exceptional circumstances            29
45.     Differential and remedial measures                              30
             CHAPTER XIII.    CONSULTATIONS, DISPUTES AND COMPLAINTS
46.     Consultations                                                   30
47.     Disputes                                                        30
48.     Complaints and action by the Council                            31
                       CHAPTER XIV.   FAIR LABOUR STANDARDS
49.     Fair labour standards                                           32
                       CHAPTER XV.   ENVIRONMENTAL ASPECTS
50.     Environmental aspects                                           32
                          CHAPTER XVI. FINAL PROVISIONS
51.     Depositary                                                      32
52.     Signature                                                       32
53.     Ratification, acceptance, approval                  .           33
54.     Accession                                                       33
55.     Notification of provisional application                         33
56.     Entry into force                                                34
57.     Reservations                                                    35
58.     Withdrawal                                                    .35
59.     Exclusion                                                       35
60.     Settlement of accounts with withdrawing or excluded Members   . 35
61.     Duration, extension and termination                             36
62.     Amendments                                                      36
63.     Supplementary and transitional provisions                       37
                                      ANNEXES
A.      Exports of cocoa calculated for the purposes of article 56
        (Entry into force)                                              38
B.      Imports of cocoa calculated for the purposes of article 56
        (Entry into force)                                              40
C.      Producing countries exporting either exclusively or partially
        fine or flavour cocoa                                           43
                                       - 3-
 ---pagebreak---                            PART ONE;  OBJECTIVES AND DEFINITIONS
                                  CHAPTER I.   OBJECTIVES
                                         Article 1
                                         Objectives
          The objectives of the International Cocoa Agreement, 1993 (hereinafter
    referred to as this Agreement), in the light of the resolution 93 (IV), of the
    New Partnership for Development: the Cartagena Commitment and of the relevant
    objectives contained in "The Spirit of Cartagena" adopted by the United
    Nations Conference on Trade and Development, are:
           (a)  To promote the development and strengthening of international
    cooperation in all sectors of the world cocoa economy;
           (b)  To contribute towards stabilization of the world cocoa market in
    the interest of all Members, by seeking, in particular:
                 (i)   To bring about the balanced development of the world cocoa
                       economy by seeking to facilitate the necessary adjustments in
                      production and to promote consumption so as to secure an
                       equilibrium in the medium and long term between supply and
                       demand;
                (ii)   To assure adequate supplies at reasonable prices equitable to
                      producers and consumers;
           (c)  To facilitate the expansion of international trade in cocoa;
           (d)  To promote transparency in the workings of the world cocoa economy
    through the collection, analysis and dissemination of relevant statistics and
    the undertaking of appropriate studies;
           (e)  To promote scientific research and development in the field of
    cocoa;
           (f)  To provide an appropriate forum for the discussion of all matters
    relating to the world cocoa economy.
                                 CHAPTER II.   DEFINITIONS
                                         Article 2
                                        Definitions
          For the purposes of this Agreement:
    1.    Cocoa means cocoa beans and cocoa products;
                                           - 4 -
13»
 ---pagebreak--- 2.    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 ;
3.    Cocoa year means the period of 12 months from 1 October to 30 September
inclusive;
4.    Contracting Party means a Government, or an intergovernmental
organization as provided for in article 4, which has consented to be bound by
this Agreement provisionally or definitively;
5.    Council means the International Cocoa Council referred to in article 6;
6.    Daily price is the representative indicator of the international price of
cocoa used for the purposes of this Agreement and computed in accordance with
the provisions of article 35;
7.    Entry into force means, except when qualified, the date on which this
Agreement first enters into force, whether provisionally or definitively;
8.    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;
9.    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; provided that, for the purposes of these
definitions, 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;
10.   Fine or flavour cocoa means cocoa produced in countries designated as
fine or flavour cocoa producers to the extent specified by the Council, in
accordance with the provisions of article 43;
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;
13.   Organization means the International Cocoa Organization referred to in
article 5;
14.   Producing country means a country which grows cocoa in commercially
significant quantities;
15.   Production-management plan means the plan provided for in article 29 as a
means of keeping world production in balance with global consumption in the
medium to long term;
                                     - 5-
 ---pagebreak--- 16.   Production-management programme means all measures and actions undertaken
by an exporting Member to achieve the objectives of the production-management
plan as referred to in article 29;
17.   Simple distributed majority vote means a majority of the votes cast by
exporting Members and a majority of the votes cast by importing Members,
counted separately;
18.   Special Drawing Right (SDR) means the Special Drawing Right of the
International Monetary Fund;
19.   Special vote means two thirds of the votes cast by exporting Members and
two thirds of the votes cast by importing Members, counted separately, on
condition that at least five exporting Members and a majority of importing
Members are present;
20. Tonne means a mass of 1,000 kilograms or 2,204.6 pounds, and pound means
453.597 grams.
                                     - 6-
 ---pagebreak---                        PART TWO:  CONSTITUTIONAL PROVISIONS
                             CHAPTER III.   MEMBERSHIP
                                    Article 3
                          Membership in the Organization
1.    Each Contracting Party shall be a Member of the Organization.
2.    There shall be two categories of Members of the Organization, namely:
      (a)   Exporting Members; and
      (b)   Importing Members.
3.    A Member may change its category on such conditions as the Council may
establish.
                                    Article 4
                  Membership by intergovernmental organizations
1.    Any reference in this Agreement to "a Government" or "Governments" shall
be construed as including the European Economic Community and any
intergovernmental organization having responsibilities in respect of the
negotiation, conclusion and application of international agreements, in
particular commodity agreements. Accordingly, any reference in this Agreement
to signature, ratification, acceptance or approval, or to notification of
provisional application, or to accession shall, in the case of such
intergovernmental organizations, be construed as including a reference to
signature, ratification, acceptance or approval, or to notification of
provisional application, or to accession, by such intergovernmental
organizations.
2.    In the case of voting on matters within their competence, such
intergovernmental organizations 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
organizations shall not exercise their individual voting rights.
3.    Such organizations may participate in the Executive Committee on matters
within their competence.
                                       - 7 -
 ---pagebreak---                   CHAPTER IV.   ORGANIZATION AND ADMINISTRATION
                                     Article 5
                Establishment, headquarters and structure of the
                         International Cocoa Organization
1.    The International Cocoa Organization established by the International
Cocoa Agreement, 1972, shall continue in being and shall administer the
provisions and supervise the operation of this Agreement.
2.    The Organization shall function through:
       (a)  The International Cocoa Council and the Executive Committee;
       (b)  The Executive Director and other staff.
3.    The headquarters of the Organization shall be in London unless the
Council, by special vote, decides otherwise.
                                    Article 6
                 Composition of the International Cocoa Council
1.    The highest authority of the Organization shall be the International
Cocoa Council, which shall consist of all the Members of the Organization.
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 the express
provisions of this Agreement.
2.    The Council shall not have power, and shall not be taken to have been
authorized 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, the Council shall incorporate in its
contracts the terms of this provision and of article 23 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.
3.    The Council shall, by special vote, adopt such rules and 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
                                       - 8 -
 ---pagebreak--- the financial and staff regulations of the Organization. The Council may, in
its rules of procedure, provide for a procedure whereby it may, without
meeting, decide specific questions.
4.    The Council shall keep such records as are required for the performance
of its functions under this Agreement, and such other records as it considers
appropriate.
5.    The Council may set up any working group (s) as appropriate to assist it
in carrying out its task.
                                    Article 8
                    Chairman and Vice-chairmen of the Council
1.    The Council shall elect a Chairman and a first and a second
Vice-chairman for each cocoa year, who shall not be paid by the Organization.
2.    Both the Chairman and the first Vice-Chairman shall be 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 the other category. These offices shall alternate each
cocoa year between the two categories.
3.    In the temporary absence of both the Chairman and the 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.
4.    Neither the Chairman nor any other officer presiding at meetings of the
Council shall vote. His alternate may exercise the voting rights of the
Member which he represents.
                                    Article 9
                             Sessions of the Council
1.    As a general rule, the Council shall hold one regular session in each
half of the cocoa year.
2.    The Council shall meet in special session whenever it so 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
       (d)  The Executive Director, for the purposes of articles 22 and 58.
                                      - 9 -
 ---pagebreak--- 3.    Notice of sessions shall be given at least 30 calendar days in advance,
except in case of emergency.
4.    Sessions shall be held at the headquarters of the Organization 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
Organization, that Member shall pay the additional costs involved.
                                   Article 10
                                     Votes
1.    The exporting Members shall together hold 1,000 votes and the importing
Members shall together hold 1,000 votes, distributed within each category of
Members - that is, exporting and importing Members, respectively - in
accordance with the following paragraphs of this article.
2.    For each cocoa year, the votes of exporting Members shall be distributed
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 Organization 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 37.
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 average of each importing Member's annual imports, in the
preceding three cocoa years for which final figures are available in the
Organization, 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 37.
4.    If for any reason, difficulties should arise in the determination or the
up-dating 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.
6.    When the membership in the Organization changes or when the voting rights
of a Member are suspended or restored under any provision of this Agreement,
the Council shall provide for the redistribution of votes in accordance with
this article.
7.    There shall be no fractional votes.
                                     - 10 -
 ---pagebreak---                                     Article 11
                         Voting procedure of the Council
1.    Each Member shall be entitled to cast the number of 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 authorized to cast under
paragraph 2 of this article.
2.    By written notification to the Chairman of the Council, any exporting
Member may authorize any other exporting Member, and any importing Member may
authorize 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 authorized by another Member to cast the votes held by the
authorizing Member under article 10 shall cast such votes in accordance with
the instructions of the authorizing Member.
                                    Article 12
                             Decisions of the Council
1.    All decisions of the Council shall be taken, and all 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)   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;
      (b)   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 distributed 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, the
proposal shall be considered adopted;
      (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.
                                      - 11 -
 ---pagebreak---                                        Article 13
                          Cooperation with other organizations
    1.    The Council shall make whatever arrangements are appropriate for
    consultation or cooperation with the United Nations and its organs, in
    particular the United Nations Conference on Trade and Development, and with
    the Food and Agriculture Organization of the United Nations and such other
    specialized agencies of the United Nations and intergovernmental organizations
    as may be appropriate.
    2.    The Council, bearing in mind the particular role of the United Nations
    Conference on Trade and Development in international commodity trade, shall,
    as appropriate, keep that organization informed of its activities and
    programmes of work.
    3.    The Council may also make whatever arrangements are appropriate for
    maintaining effective contact with international organizations of cocoa
    producers, traders and manufacturers.
    4.    The Council shall seek to involve the international 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
    1.    The Council may invite any non-member State to attend any of its meetings
    as an observer.
    2.    The Council may also invite any of the organizations 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 Organization 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.
    2.    Each elected Member 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 to its representative or
    alternates.
                                         - 12 -
(4)
 ---pagebreak--- 3.    The Chairman and Vice-Chairman of the Executive 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 permanent absence of the
Chairman and the Vice-chairman, the Executive Committee 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. Neither the Chairman nor any other
officer presiding at meetings of the Executive Committee may vote. His
alternate may exercise the voting rights of the member which he represents.
4.    The Executive Committee shall meet at the headquarters of the
Organization unless, by special vote, it decides otherwise. If, on the
invitation of any Member, the Executive Committee meets elsewhere than at the
headquarters of the Organization, that Member shall pay the additional costs
involved.
                                   Article 16
                       Election of the Executive Committee
1.    The exporting and importing members of the Executive 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.
2.    Each Member shall cast all the votes to which it is entitled under
article 10 for a single candidate. A Member may cast for another candidate
any votes which it is authorized to cast under paragraph 2 of article 11.
3.    The candidates receiving the largest number of votes shall be elected.
                                   Article 17
                      Competence of the Executive Committee
1.    The Executive Committee shall be responsible to, and work under the
general direction of, the Council.
2.    The Executive Committee shall keep the market under continuous review and
recommend to the Council such measures as it may consider advisable.
3.    Without prejudice to the right of the Council to exercise any of its
powers, the Council may, by a simple distributed majority vote or a  special
vote, depending on whether a decision by the Council on the subject  requires a
simple distributed majority vote or a special vote, delegate to the  Executive
Committee the exercise of any of its powers, except the following:
       (a)  Redistribution of votes under article 10;
       (b)  Approval of the administrative budget and assessment of
contributions under article 24;
                                      - 13 -
 ---pagebreak---       (c)   Revision of the list of producers of fine or flavour cocoa under
article 43;
      (d)   Relief from obligations under article 44;
      (e)   Decision of disputes under article 47;
      (f)   Suspension of rights under paragraph 3 of article 48;
      (g)   Establishment of conditions for accession under article 54;
      (h)   Exclusion of a Member under article 59;
      (i)   Extension or termination of this Agreement under article 61;
      (j)   Recommendation of amendments to Members under article 62.
4.    The Council may at any time, by a simple distributed majority vote,
revoke any delegation of powers to the Executive Committee.
                                   Article 18
                         Voting procedure and decisions
                           of the Executive Committee
1.    Each member of 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 Chairman, 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 authorize
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 for the
remainder of 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.
4.    Any decision taken by the Executive Committee shall require the same
majority as that decision would require if taken by the Council.
5.    Any Member shall have the right of appeal 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.
                                      - 14 -
 ---pagebreak---                                    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.
3.    The quorum for meetings subsequent to the opening meeting of any session
pursuant to paragraph 1 of this article shall be that prescribed in
paragraph 2 of this article.
4.    Representation in accordance with paragraph 2 of article 11 shall be
considered as presence.
5.    The quorum for any meeting of the Executive Committee shall be prescribed
by the Council in the rules of procedure of the Executive Committee.
                                   Article 20
                         The staff of the Organization
1.    The Council, after consulting the Executive Committee, shall appoint the
Executive Director by special vote. The terms of the appointment of the
Executive Director shall be fixed by the Council in the light of those
applying to corresponding officials of similar intergovernmental
organizations.
2.    The Executive Director shall be the chief administrative officer of the
Organization and shall be responsible to the Council for the administration
and operation of this Agreement in accordance with the decisions of the
Council.
3.    The staff of the Organization shall be responsible to the Executive
Director, who in turn shall be responsible to the Council.
4.    The Executive Director shall appoint the staff 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 organizations. Staff appointments shall be made in so far
as is practicable from nationals of exporting and importing Members.
5.    Neither the Executive Director, nor any other member of the staff, shall
have any financial interest in the cocoa industry, the cocoa trade, cocoa
transportation or cocoa publicity.
                                     - 15 -
 ---pagebreak--- 6.    In the performance of their duties, the Executive Director and the other
members of the staff shall not seek or receive instructions from any Member or
from any other authority external to the Organization. They shall refrain
from any action which might reflect on their position as international
officials responsible only to the Organization. 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.
7.    No information concerning the operation or administration of this
Agreement shall be revealed by the Executive Director or the other members of
the staff of the Organization, except as may be authorized by the Council or
as is necessary for the proper discharge of their duties under this Agreement.
                      CHAPTER V.  PRIVILEGES AND IMMUNITIES
                                    Article 21
                            Privileges and immunities
1.    The Organization shall have legal personality. It shall in particular
have the capacity to contract, to acquire and dispose of movable and immovable
property and to institute legal proceedings.
2.    The status, privileges and immunities of the Organization, of its
Executive Director, its staff and experts and of representatives of Members
whilst in the territory of 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 (hereinafter referred to
as the host Government) and the International Cocoa Organization in London on
26 March 1975, with such amendments as are necessary for the proper
functioning of this Agreement.
3.    If the headquarters of the Organization is moved to another country, the
new host Government shall, as soon as possible, conclude with the Organization
a headquarters agreement to be approved by the Council.
4.    The Headquarters Agreement referred to in paragraph 2 of this article
shall be independent of this Agreement. It shall, however, terminate:
      (a)   By agreement between the host Government and the Organization;
      (b)   In the event of the headquarters of the Organization being moved
from the territory of the host Government; or
      (c)   In the event of the Organization ceasing to exist.
5.    The Organization 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.
                                      - 16 -
 ---pagebreak---                        PART THREE:   FINANCIAL PROVISIONS
                              CHAPTER VI. FINANCE
                                   Article 22
                                     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 account and shall be met by
annual contributions from Members assessed in accordance with article 24. 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.
2.    The Council may establish a separate account for the purposes of
article 40. This account shall be financed through voluntary contributions
from Members or other bodies.
3.    The financial year of the Organization shall be the same as the cocoa
year.
4.    The expenses of delegations to the Council, 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.
5.     If the financial position of the Organization 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 the Council is otherwise scheduled to meet within 30 calendar days.
                                   Article 23
                             Liabilities of Members
      A Member's liability to the Council and to other Members is limited to
the extent of its obligations regarding contributions specifically provided
for in this Agreement. Third parties dealing with the Council shall be deemed
to have notice of the provisions of this Agreement regarding the powers of the
Council and the obligations of the Members, in particular, paragraph 2 of
article 7 and the first sentence of this article.
                                   Article 24
                   Approval of the administrative budget and
                          assessment of contributions
1.    During the second half of each financial year, the Council shall approve
the administrative budget of the Organization for the following financial
year, and shall assess the contribution of each Member to that budget.
                                      - 17 -
 ---pagebreak--- 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.
3.    The initial contribution of any Member joining the Organization 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.
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 25
             Payment of contributions to the administrative budget
1.    Contributions to the administrative budget for each financial year shall
be payable in freely convertible currencies, shall be exempt from foreign
exchange restrictions and shall become due on the first day of that financial
year. Contributions of Members in respect of the financial year in which they
join the Organization shall be due on the date on which they become Members.
2.    Contributions to the administrative budget approved under paragraph 4 of
article 24 shall be payable within three months of the date of assessment.
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.
5.    The Council may consider the question of membership 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
                                     - 18 -
 ---pagebreak--- 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 26
                       Audit and publication of accounts
1.    As soon as possible, but not later than six months after the close of
each financial year, the statement of the Organization's accounts for that
financial year and the balance sheet at the close of that financial year under
the accounts referred to in article 22 shall be audited. The audit shall be
carried out by an independent auditor of recognized 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
Organization for their professional services. However, travel and subsistence
costs may be reimbursed by the Organization under terms and conditions to be
determined by the Council.
2.    The terms of appointment of the independent auditor of recognized
standing, as well as the intentions and objectives of the audit, shall be laid
down in the financial regulations of the Organization. The audited statement
of the Organization's accounts and the audited balance sheet shall be
presented to the Council at its next regular session for approval.
3.    A summary of the audited accounts and balance sheet shall be published.
                                   Article 27
               Relationship with the Common Fund For Commodities
1.    The Organization shall take full advantage of the facilities of the
Common Fund for Commodities.
2.    In respect of the implementation of any project funded under the Second
Account of the Common Fund for Commodities, the Organization, as a designated
International Commodity Body, shall hot incur any financial obligation
including for guarantees given by individual Members or other entities.
Neither the Organization, nor any Member by reason of its membership in the
Organization shall be responsible for any liability arising from borrowing or
lending by any other Member or entity in connection with such projects.
                                     - 19 -
 ---pagebreak---                          PART FOUR:   ECONOMIC PROVISIONS
                         CHAPTER VII.   SUPPLY AND DEMAND
                                    Article 28
                            Cooperation among Members
1.    Members recognize the importance of ensuring the greatest possible growth
of the cocoa economy and therefore of co-ordinating their efforts to encourage
the balanced development of production and consumption so as to secure the
best equilibrium between supply and demand. They shall cooperate fully with
the Council in the attainment of this objective.
2.    The Council shall identify the obstacles to the harmonious development
and the dynamic expansion of the cocoa economy and shall seek mutually
acceptable practical measures designed to overcome these obstacles. Members
shall endeavour to apply the measures elaborated and recommended by the
Council.
3.    The Organization shall collect and keep up to date the available
information needed to establish, in the most reliable way, the world's current
and potential consumption and production capacity. In this respect, Members
shall cooperate fully with the Organization.
                                    Article 29
                                    Production
1.    In order to deal with the problem of market imbalances in the medium and
long term, and in particular the problem of structural overproduction, the
exporting Members undertake to abide by a production-management plan designed
to achieve a lasting equilibrium between world production and consumption.
The plan shall be drawn up by the producing countries in a Production
Committee set up for this purpose by the Council.
2.    The Committee shall be composed of all exporting and importing Member
countries. However, all decisions of the Production Committee related to the
product ion-management plan and programmes shall be taken by the exporting
Members participating in the Committee subject to the provisions of
article 43.
3.    The Committee's terms of reference shall be, in particular:
      (a)   To coordinate the policies and programmes decided on by each
producing country, taking into account the production-management plan drawn up
by the Committee;
      (b)   To identify and recommend the application of any measures and
activities, including where appropriate diversification, likely to help re-
establish a lasting equilibrium between world cocoa supply and demand as soon
as possible.
                                       - 20 -
 ---pagebreak--- 4.    The Council shall adopt at its first session following the entry into
force of this Agreement annual forecasts of world production and consumption
for a period corresponding at least to the lifetime of this Agreement. The
Executive Director shall provide the data necessary for the preparation of
these forecasts. The forecasts thus adopted by the Council shall be reviewed
and revised if necessary every year. The Committee shall fix indicative
figures for annual levels of global production necessary to achieve and
maintain equilibrium between supply and demand in accordance with the aims of
this Agreement. The factors to be taken into consideration shall include the
expected variations in production and consumption in accordance with movements
in real prices and the estimated variations in stock levels.
5.    In the light of the indicative figures fixed by the Committee under
paragraph 4 of this article, the exporting Members shall as a group implement
the production-management plan in order to achieve global equilibrium between
supply and demand in the medium and long term. Each exporting Member shall
draw up a programme for the adjustment of its production enabling the
objectives set in this article to be achieved. Each exporting Member shall be
responsible for the policies, methods and controls it applies to implement its
production programme and shall inform the Committee regularly of any policies
and programmes recently introduced or abandoned and of their results.
6.    The Production Committee shall follow and monitor the implementation of
the production-management plan and programmes.
7.    The Committee shall submit detailed reports to each regular session of
the Council, on the basis of which the Council shall review the general
situation, 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.
8.    The financing of the production-management plan and programmes shall be
borne by the exporting Members, with the exception of the costs related to the
normal administrative services required by the functions of the Production
Committee.
9.    Each exporting Member shall be responsible for the financing of the
implementation of its production-management programme.
10. Any exporting Member or institution may contribute to the joint financing
of activities formulated by the Production Committee.
11.   The Committee shall draw up its own rules and regulations.
12.   The Executive Director shall assist the Committee as required.
                                   Article 30
                                     Stocks
l.    To facilitate the evaluation of world cocoa stocks and to ensure greater
transparency of the market, Members shall provide the Executive Director, by
                                      - 21 -
 ---pagebreak--- not later than the end of May of each year, with information to which they
have access on stocks of cocoa as at the end of the previous cocoa year held
in their respective countries.
2.    On the basis of this information, the Executive Director shall submit to
the Council for consideration at least once a year a detailed report on world
cocoa stocks. The Council may thereafter make appropriate recommendations to
Members.
3.    The Council shall establish a working group to assist it in respect of
the implementation of the provisions of this article.
                                   Article 31
                   Assurance of supplies and access to markets
      Members shall conduct their trade policies having regard to the
objectives of this Agreement, so that those objectives may be attained. In
particular, they recognize that regular supplies of cocoa and regular access
to their markets are essential for both importing and exporting Members.
                                   Article 32
                                   Consumption
1.    All Members shall endeavour to take all practicable measures which may be
necessary to encourage the expansion of cocoa consumption in their own
countries. Each Member shall be responsible for the means and methods it
employs for that purpose. In particular, however, Members, especially
importing Members, shall endeavour to remove or reduce substantially domestic
obstacles to the expansion of cocoa consumption and to encourage efforts
designed to identify and develop new uses for cocoa. In this regard, Members
shall inform the Executive Director, at least once every cocoa year, of
pertinent domestic regulations and measures and other information concerning
cocoa consumption, including domestic taxes and customs tariffs.
2.    The Council shall establish a Consumption Committee whose aim shall be to
review trends and prospects of cocoa consumption and to identify the obstacles
to the expansion of cocoa consumption in both exporting and importing
countries.
3.    The terms of reference of the Committee shall be in particular the
following:
       (a)  To monitor and evaluate trends in cocoa consumption and programmes
instituted in individual countries or groups of countries and which may affect
global consumption of cocoa;
       (b)  To identify obstacles affecting the expansion of cocoa consumption;
       (c)  To investigate and encourage the development of the potential for
cocoa consumption, particularly in non-traditional markets;
                                      - 22 -
 ---pagebreak---       (d) To promote, where appropriate, research into new uses for cocoa in
cooperation with appropriate competent organizations and institutions.
4.    Membership of the Consumption Committee shall be open to all Members of
the Council.
5.    The Committee shall draw up its own rules and regulations.
6.    The Executive Director shall assist the Committee as required.
7.    On the basis of a detailed report presented by the Committee, the Council
shall review at each ordinary session the general situation regarding cocoa
consumption, evaluating particularly the development of global demand. The
Council may make recommendations to Members based on this evaluation.
8.    The Council may establish sub-committees to promote specific
cocoa-consumption programmes. Participation in the sub-committees shall be
voluntary and shall be limited to those countries which contribute to the cost
of these programmes. Any country or institution may contribute to the
promotion programmes in accordance with modalities to be established by the
Council. The sub-committees shall seek the approval of a country before
conducting a promotion campaign in the territory of that country.
                                   Article 33
                               Cocoa substitutes
1.    Members recognize that the use of substitutes may prejudice the expansion
of cocoa consumption. In this regard, they agree to establish regulations on
cocoa products and chocolate or to adapt existing regulations, if necessary,
so that the said regulations shall prohibit materials of non-cocoa origin from
being used in place of cocoa to mislead the consumer.
2.    In preparing or reviewing regulations based on the principles in
paragraph 1 of this article, Members shall take fully into account the
recommendations and decisions of competent international bodies such as the
Council and the Codex Committee on Cocoa Products and Chocolate.
3.    The Council may recommend to a Member that it take any measures which the
Council considers advisable for assuring the observance of the provisions of
this article.
4.    The Executive Director shall present an annual report to the Council on
the development of the situation in this area and on the manner in which the
provisions of this article are being observed.
                                       23
 ---pagebreak---                                    Article 34
                    Commercial transactions with non-members
1.    Exporting Members undertake not to sell cocoa to non-members on terms
commercially more favourable than those which they are prepared to offer at
the same time to importing Members, taking into account normal trade
practices.
2.    Importing Members undertake not to buy cocoa from non-members on terms
commercially more favourable than those which they are prepared to accept at
the same time from exporting Members, taking into account normal trade
practices.
3.    The Council shall periodically review the operation of paragraphs 1 and 2
of this article and may require members to supply appropriate information in
accordance with article 38.
4.    Any Member which has reason to believe that another Member has not
fulfilled the obligation under paragraph 1 or paragraph 2 of this article may
so inform the Executive Director and call for consultations under article 46,
or refer the matter to the Council under article 48.
                                     - 24 -
 ---pagebreak---               PART FIVE:   MARKET-MONITORING AND RELATED PROVISIONS
                   CHAPTER VIII.   MARKET-MONITORING PROVISIONS
                                    Article 35
                                    Daily price
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.
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
Cocoa Terminal Market and on the New York Coffee, Sugar and Cocoa Exchange at
the time of the London close. The London prices shall be converted into
United States dollars per tonne by using the current six months forward rate
of exchange in London at closing time. The United States dollar-denominated
average of the London and New York prices shall be converted into its
SDR equivalent at the 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 36
                         Reporting of exports and imports
1.    The Executive Director shall, in accordance with rules established by the
Council, maintain a record of Members' exports and imports of cocoa.
2.    For this purpose, each Member shall report to the Executive Director the
quantities of its exports of cocoa by country of destination and the
quantities of its imports of cocoa by country of origin, at such intervals as
the Council may determine, together with such other data as the Council may
prescribe.
3.    The Council shall establish such rules as it deems necessary to deal with
non-compliance with the provisions of this article.
                                       - 25
 ---pagebreak---                                    Article 37
                               Conversion factors
1.    For the purpose of determining the beans equivalent of 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 those for which conversion
factors are set out in this paragraph shall be fixed by the Council.
2.    The Council may, by special vote, revise the conversion factors in
paragraph 1 of this article.
                 CHAPTER IX.  INFORMATION, STUDIES AND RESEARCH
                                   Article 38
                                   Information
1.    The Organization shall act as a centre for the efficient collection,
exchange and dissemination of:
      (a)   Statistical information on world production, prices, exports and
imports, consumption and stocks of cocoa; and
      (b)   In so far as is considered appropriate, technical information on
the cultivation, processing and utilization of cocoa.
2.    In addition to information which Members are required to provide under
other articles of this Agreement, the Council may request Members to provide
such information as it considers necessary for its operations, including
regular reports on policies for production and consumption, prices, exports
and imports, stocks and taxation.
3.    If a Member fails to supply, or finds difficulty in supplying, within a
reasonable time, statistical and other information required by the Council for
the proper functioning of the Organization, the Council may require the Member
concerned to explain the reasons therefor. If it is found that technical
assistance is needed in the matter, the Council may take any necessary
measures in that regard.
4.    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.
                                      - 26
 ---pagebreak---                                    Article 3 9
                                     Studies
      The Council shall, to the extent it considers necessary, promote studies
of the economics of cocoa production and distribution, including trends and
projections, the impact of governmental measures in exporting and importing
countries on the production and consumption of cocoa, the opportunities for
expansion of cocoa consumption for traditional and possible new uses, and the
effects of the operation of this Agreement on exporters and importers of
cocoa, including their terms of trade, and may submit recommendations to
Members on the subject of these studies. In the promotion of these studies,
the Council may cooperate with international organizations and other
appropriate institutions.
                                   Article 40
                      Scientific research and development
      The Council may encourage and promote scientific research and development
in areas of cocoa production, processing and consumption as well as the
dissemination and practical application of the results obtained in this field.
To this end, the Council may cooperate with international organizations and
research institutions.
                                   Article 41
                            Annual review and report
1.    The Council shall, as soon as practicable after the end of each cocoa
year, review the operation of this Agreement and the performance of Members in
conforming to the principles and promoting the objectives thereof. It may
then make recommendations to Members regarding ways and means of improving the
functioning of this Agreement.
2.    The Council shall publish an annual report. This report shall include a
section on the annual review for which provision is made in paragraph 1 of
this article, and any other information as the Council considers appropriate.
                CHAPTER X.  COOPERATION WITHIN THE COCOA ECONOMY
                                   Article 42
                      Cooperation within the cocoa economy
1.    The Council shall encourage Members to seek the views of experts in cocoa
matters.
                                      - 27 -
 ---pagebreak--- 2.    In fulfilling their obligations under this Agreement, Members shall
conduct their activities in a manner consonant with the established channels
of trade and shall take due account of the legitimate interests of all sectors
of the cocoa economy.
3.    Members shall not interfere with the arbitration of commercial disputes
between cocoa buyers and sellers if contracts cannot be fulfilled because of
regulations established in order to implement this Agreement, nor place
impediments in the way of the conclusion of arbitration proceedings. The
requirement that Members comply with the provisions of this Agreement shall
not be accepted as grounds for non-fulfilment of contract or as a defence in
such cases.
                                     - 28 -
 ---pagebreak---                            PART SIX: OTHER PROVISIONS
                       CHAPTER XI.  FINE OR FLAVOUR COCOA
                                   Article 43
                              Fine or flavour cocoa
1.    The Council shall, at its first session following the entry into force of
this Agreement, review annex C and, by special vote, revise it, 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 this Agreement review annex C and, if
necessary, revise it by special vote. The Council shall seek expert advice on
this matter, as appropriate.
2.    The provisions of this Agreement concerning the implementation of the
production-management plan and financing of its operations shall not apply to
the fine or flavour cocoa of any exporting Member whose production is
exclusively of fine or flavour cocoa.
3.    Paragraph 2 of this article shall also apply in the case of any exporting
Member part of whose production consists of fine or flavour cocoa, to the
extent of the proportion of its production comprising fine or flavour cocoa..
With regard to the remaining portion, the provisions of this Agreement
concerning the production-management plan shall apply.
4.    If the Council finds that the production of, or export from these
countries has risen sharply, it shall take appropriate steps to ensure that
the provisions of this article are being properly applied. If it is found
that these provisions are not being properly applied, the country concerned
shall, by special vote of the Council, be deleted from annex C and shall be   ,
subject to all restrictions and obligations prescribed in this Agreement.
5.    Exporting Members which produce exclusively fine or flavour cocoa shall
not vote on issues relating to the implementation of the production-management
plan, except in the case of the sanction referred to in paragraph 4 regarding
the revision of annex C.
                   CHAPTER XII. RELIEF FROM OBLIGATIONS, AND
                       DIFFERENTIAL AND REMEDIAL MEASURES
                                   Article 44
              Relief from obligations in exceptional circumstances
1.    The Council may, by special vote, relieve a Member of an obligation on
account of exceptional or emergency circumstances, force majeure, or
international obligations under the Charter of the United Nations for
territories administered under the trusteeship system.
                                        29 -
 ---pagebreak--- 2.    The Council, in granting relief 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 obligation under
article 25 to pay contributions, or the consequences of a failure to pay them.
                                   Article 45
                       Differential and remedial measures
      Developing importing Members, and least developed countries which are
Members, whose interests are adversely affected by measures taken under this
Agreement may apply to the 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.
             CHAPTER XIII.   CONSULTATIONS, DISPUTES AND COMPLAINTS
                                    Article 46
                                  Consultations
      Each Member shall accord full and due consideration to any
representations made to it by another Member concerning the 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 procedure
shall not be chargeable to the Organization. If such 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 47.
                                    Article 47
                                     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.
                                       - 30
 ---pagebreak--- 3.     (a)   Unless the Council by special vote decides otherwise, the ad hoc
advisory panel shall consist of: r;;
             (i)    Two persons, one having wide experience in matters of the
                    kind in dispute and the other having legal standing and
                    experience, nominated by the exporting Members;
            (ii)   Two persons, one having wide experience in matters of the
                   kind in dispute and the other having legal standing and
                   experience, nominated by the importing Members;
           (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
Organization.
4.    The opinion of the ad hoc advisory panel and the reasons therefor shall
be submitted to the Council, which, after considering all the relevant
information, shall decide the dispute.
                                     Article 48
                        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.
3.    Whenever the Council, whether as a 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 articles of this Agreement, including article 59, by special vote:
      (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.
                                       - 31 -
 ---pagebreak--- 4.    A Member whose voting rights are suspended under paragraph 3 of this
article shall remain liable for its financial artd other obligations under this
Agreement.
                       CHAPTER XIV.    FAIR LABOUR STANDARDS
                                    Article 49
                               Fair labour standards
      Members declare that, in order to raise the levels of living of
populations and provide full employment, they will endeavour to maintain fair
labour standards and working conditions in the various branches of cocoa
production in the countries concerned, consistent with their stage of
development, as regards both agricultural and industrial workers employed
therein.
                       CHAPTER XV.    ENVIRONMENTAL ASPECTS
                                    Article 50
                               Environmental aspects
      Members shall give due consideration to the sustainable management of
cocoa resources and processing, bearing in mind the principles on sustainable
development agreed at the eighth session of the United Nations Conference on
Trade and Development and the United Nations Conference on Environment and
Development.
                          CHAPTER XVI.    FINAL PROVISIONS
                                    Article 51
                                     Depositary
      The Secretary-General of the United Nations is hereby designated as the
depositary of this Agreement.
                                    Article 52
                                      Signature
      This Agreement shall be open for signature at United Nations Headquarters
from 16 August 1993 until and including 30 September 1993 by parties to the
International Cocoa Agreement, 1986, and Governments invited to the
United Nations Cocoa Conference, 1992. The Council under the International
Cocoa Agreement, 1986, or the Council under this Agreement may, however,
extend the period of signature of this Agreement. The Council shall
immediately notify the depositary of any such extension.
                                        - 32 -
 ---pagebreak---                                    Article 53
                       Ratification, acceptance, approval
1.    This Agreement shall be subject to ratification, acceptance or approval
by the signatory Governments in accordance with their respective
constitutional procedures.
2.    Instruments of ratification, acceptance or approval shall be deposited
with the depositary not later than 30 September 1993. The Council under the
International Cocoa Agreement, 1986, 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.
3.    Each Government depositing an instrument of ratification, acceptance or
approval shall, at the time of such deposit, indicate whether it is an
exporting Member or an importing Member.
                                   Article 54
                                    Accession
1.    This Agreement shall be open to accession by the Government of any State
upon conditions to be established by the Council.
2.    The Council of the International Cocoa Agreement, 1986, may, pending the
entry into force of this Agreement, establish the conditions referred to in .
paragraph 1 of this article, subject to confirmation by the Council of this
Agreement.
3.    In establishing the conditions referred to in paragraph 1 of this
article, 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.
4.    Accession shall be effected by deposit of an instrument of accession with
the depositary.
                                   Article 55
                    Notification of provisional application
1.    A signatory Government which intends to ratify, accept or approve this
Agreement or a Government for which the Council has established conditions for
accession, 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 56 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.
                                        33 -
 ---pagebreak--- 2.    A Government which has notified under paragraph 1 of 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 the date of deposit of its instrument of
ratification, acceptance, approval or accession.
                                   Article 56
                               Entry into force
1.    This Agreement shall enter into force definitively on 1 October 1993 or
any time thereafter if by such date Governments representing at least five
exporting countries accounting for at least 80 per cent of the total exports
of countries listed in annex A and Governments representing importing
countries having at least 60 per cent of total imports as set out in annex B
have deposited their instruments of 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 instruments of ratification, acceptance,
approval or accession.
2.    If this Agreement has not entered into force definitively in accordance
with paragraph 1 of this article, it shall enter into force provisionally on
1 October 1993 if by such date Governments representing at least five
exporting countries accounting for at least 80 per cent of the total exports
of countries listed in annex A and Governments representing importing
countries having at least 60 per cent of total imports as set out in annex B
have deposited their instruments of ratification, acceptance, approval or
accession, or have notified the depositary that they will apply this Agreement
provisionally when it enters into force. Such Governments shall be
provisional Members.
3.    If the requirements for entry into force under paragraph 1 or paragraph 2
of this article have not been met by 1 October 1993, 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 depositary that they
will apply 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. However, the economic
provisions of this Agreement relating to the production-management plan shall
not be put into force unless Governments representing at least five exporting
countries accounting for at least 80 per cent of the total exports of
countries listed in annex A have deposited their instruments of ratification,
acceptance, approval or accession, or have notified the depositary that they
will apply this Agreement provisionally when it enters into force.
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 this Agreement in accordance with
paragraph 1, paragraph 2 or paragraph 3 of this article, the instrument or
                                     '- 34
 ---pagebreak--- 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 55.
                                   Article 57
                                  Reservations
      Reservations may not be made with respect to any of the provisions of
this Agreement.
                                   Article 58
                                   Withdrawal
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 immediately inform the Council of the action it
has taken.
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 56 for its entry into force, the Council shall meet in special session
to review the situation and to take appropriate decisions.
                                   Article 59
                                    Exclusion
      If the Council finds, under paragraph 3 of article 48, 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 such Member from the Organization. The Council shall
immediately notify the depositary of any such exclusion. Ninety days after
the date of the Council's decision, that Member shall cease to be a Member of
the Organization.
                                   Article 60
          Settlement of accounts with withdrawing or excluded Members
      The Council shall determine any settlement of accounts with a
withdrawing or excluded Member. The Organization 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 to the Organization at 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 62, the Council may determine any settlement of accounts which it
finds equitable.
                                      - 35 -
 ---pagebreak---                                    Article 61
                      Duration, extension and termination
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.
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.
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.
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 25 shall
continue until the financial liabilities relating to the operation of this
Agreement have been discharged. The Council shall notify the depositary of
any such decision.
5.    Notwithstanding the termination of this Agreement by any means
whatsoever, the Council shall remain in being for as long as necessary to
carry out the liquidation of the Organization, settlement of its accounts and
disposal of its assets, and shall have during that period such powers and
functions as may be necessary for these purposes.
6.    Notwithstanding the provisions of paragraph 2 of article 58, a Member
which does not wish to participate in this Agreement as extended under this
article shall so inform the Council. Such Member shall cease to be a party to
this Agreement from the beginning of the period of extension.
                                   Article 62
                                   Amendments
1.    The Council may, by special vote, recommend an amendment of this
Agreement to the Contracting Parties. The amendment shall become effective
100 days after the depositary has received notifications of acceptance from
Contracting Parties representing at least 75 per cent of the exporting Members
holding at least 85 per cent of the votes of the exporting Members, and from
Contracting Parties representing at least 75 per cent of the importing Members
holding at least 85 per cent 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.
                                    * - 36 -
 ---pagebreak--- 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 copies of the text of the
amendment. The Council shall provide the depositary with the information
necessary to determine whether the notifications of acceptance received are
sufficient to make the amendment effective.
                                   Article 63
                   Supplementary and transitional provisions
1.    This Agreement shall be considered as a replacement of the International
Cocoa Agreement, 1986.
2.    All acts by or on behalf of the Organization or any of its organs under
the International Cocoa Agreement, 1986, 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.
      IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have
affixed their signatures under this Agreement on the dates indicated.        >
      DONE at Geneva, this sixteenth day of July, one thousand nine hundred and
ninety-three. The texts of this Agreement in the Arabic, Chinese, English,
French, Russian and Spanish languages shall be equally authentic.
                                     - 37 -
 ---pagebreak---                                     ANNEXES
                                    Annex A
                              a/
              Exports of cocoa"' calculated for the purposes of
                       article 56 (Entry into force)
                                                                    Average
                                                              Three-year period
Country            b/        1989/90     1990/91    1991/92    1989/90-1991/92
                                       (thousand tonnes)                  Share
Côte d'Ivoire           m      736.4       803.9      729.5   756.60       35.37%
Ghana                   m      254.5       265.1      284.8   268.13       12.54%
Brazil                  m      270.0       277.9      220.2   256.03       11.97%
Malaysia                       226.0       211.2      211.2   216.13       10.10%
Nigeria                 m      142.8       147.2      105.5   131.83        6.16%
Indonesia                      100.0       130.3      164.8   131.70        6.16%
Cameroon                m      123.1       109.1      106.8   113.00        5.28%
Ecuador                 m      105.1       102.1       80.9     96.03       4.49%
Dominican Republic               53.3       37.1       43.4     44.60       2.09%
Papua New Guinea        m        40.8       33.4       40.9     38.37       1.79%
Colombia                          9.4       10.1        8.6      9.37       0.44%
Venezuela               m         8.4       10.0        7.7      8.70       0.41%
Sierra Leone            m         5.3       13.4        7.3      8.67       0.41%
Togo                    m         6.1        9.3        8.0      7.80       0.36%
Mexico                  m         8.0        1.6       11.9      7.17       0.34%
Peru                              4.8        5.2        6.4      5.47       0.26%
Equatorial Guinea                 7.6        5.2        3.5      5.43       0.25%
Solomon Islands                   3.6        4.1        3.5      3.73       0.17%
Zaire                             3.6        3.4        3.2      3.40       0.16%
Sao Tome and Principe             2.8        2.6        2.6      2.67       0.12%
Madagascar                        2.5        2.5        2.9      2.63       0.12%
Haiti                   m         2.8        1.9        2.6      2.43       0.11%
Honduras                          2.0        3.0        2.3      2.43       0.11%
Liberia                           4.5        2.0        0.5      2.33       0.11%
Vanuatu                           2.2        2.2        2.3      2.23       0.10%
United Republic of                2.0        2.5        2.0      2.17       0.10%
Tanzania
                                      38 -
 ---pagebreak---                                                                     Average
                                                              Three-year period
 Country            b/        1989/90     1990/91    1991/92    1989/90-1991/92
                                        (thousand tonnes)                 Share
 Costa Rica                       2.9         1.2         1.2    1.77       0.08%
 Jamaica                 m        1.3         1.3         1.8    1.47       0.07%
 Gabon                   m        1.6         1.4         1.4    1.47       0.07%
 Trinidad and Tobago     m        1.4         1.2         0.9    1.17       0.05%
 Grenada                 m        1.1         1.1         0.7    0.97       0.05%
 Bolivia                          1.4         1.3         0.1    0.93       0.04%
 Congo                            0.9         0.3         0.7    0.63       0.03%
 Uganda                           0.2         0.6         0.6    0.47       0.02%
 Fiji                             0.3         0.2         0.3    0.27       0.01%
 Samoa                   m        0.5         -            -     0.17       0.01%
 Panama                           0.3         0.1         0.1    0.17       0.01%
 Sri Lanka                        0.1         0.2          -     0.10        -  •
 Guatemala               m        0.1        -0.1         0.3    0.10        -
 Nicaragua                        0.1         0.1          -     0.07        -
 Dominica                          -            -         0.1    0.03        - ;._
 Suriname                         0.1           -          -     0.03        -
 Total             s./        2139.90     2205.20     2071.50  2138.87    100.00%
Notes :     a/   Three-year average, 1989/90 - 1991/92 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, on
                 average, 10 tonnes or more in the three-year period 1989/90
                 to 1991/92, based on information available to the ICCO
                 Secretariat.
            ç/   Totals may differ from the sum of constituents due to
                 rounding.
            m    Member of the International Cocoa Agreement, 1986 (as
                 extended), as at 22 June 1993.
                 nil, negligible or less than the unit employed.
Source:     International Cocoa Organization, Ouarterlv Bulletin of Cocoa
            Statistics. Vol. XIX, No. 2 (March 1993).
                                     - 39
 ---pagebreak---                                      Annex B
              Imports of cocoa.a/ calculated for the purposes of
                              tt/
                        article 56 (Entry into force)
                                                                      Average
                                                                 Three-year period
Country or territory       b/      1989/90   1990/91   1991/92    1989/90-1991/92
                                              (thousand tonnes)              Share
United States of                    612.2     602.0      679.1    631.10      23.74%
America
Germany                   c/    m   376.7     409.2      402.3    396.07      14.90%
Netherlands                     m   313.5     327.9      268.0    303.13      11.40%
United Kingdom                  m   189.9     214.7      228.0    210.87       7.93%
France                          m   165.0     187.0      183.7    178.57       6.72%
Belgium/Luxembourg              m     92.7     98.3      108.4     99.80       3.75%
Italy                           m     79.6     86.0       97.4     87.67       3.30%
Japan                           m     79.9     84.7       79.0     81.20       3.05%
Spain                           m     60.6     66.3       72.6     66.50       2.50%
Singapore                             77.3     46.5       59.6     61.13       2.30%
Russian Federation        d/    m     86.2     70.2       14.6     57.00       2.14%
Canada                                52.1     51.2       58.7     54.00       2.03%
Switzerland                     m     44.1     43.9       45.8     44.60       1.68%
Australia                             33.3     33.3       35.1     33.90       1.28%
Poland                                23.3     31.0       28.6     27.63       1.04%
Austria                               25.5     27.3       25.6     26.13       0.98%
China                                 19.2     28.6       30.4     26.07       0.98%
Argentina                              9.0     26.3       27.5     20.93       0.79%
Ireland                         m     18.7     17.0       20.3     18.67       0.70%
Sweden                          m     18.0     19.2       17.1     18.10       0.68%
Hungary                         m     14.5     16.1       11.5     14.03       0.53%
Yugoslavia                      m     11.3     15.3       15.4     14.00       0.53%
Korea, Republic of                    11.2     13.1       12.6     12.30       0.46%
South Africa                          11.9     12.5       10.8     11.73       0.44%
Turkey                                 9.6     12.1       13.1     11.60       0.44%
Greece                          m     13.3     11.8        9.0     11.37       0.43%
Czech Republic            e/           8.2      10.9      13.1     10.73       0.40%
Norway                          m      9.4       9.3       9.7      9.47       0.36%
Philippines              f_/          10.2      10.7       6.9      9.27       0.35%
                                      -'40 -
 ---pagebreak---                                                               Average
                                                         Three-year period
Country or territory    b/   1989/90 1990/91   1991/92    1989/90-1991/92
                                      (thousand tonnes)              Share
Finland                    m     8.7     8.1       8.9      8.57       0.32%
Denmark                    m     7.3     9.0       8.3      8.20       0.31%
Romania                          7.7    7.0        6.9      7.20       0.27%
New Zealand                      6.4    8.2        5.6      6.73       0.25%
Israel                           5.0    6.8        6.0      5.93       0.22%
Thailand                         4.6    6.3        6.4      5.77       0.22%
Chile                            4.0    6.4        6.5      5.63       0.21%
Slovakia               e/        4.1    5.4        6.6      5.37       0.20%
Portugal                   m     4.0    5.8        5.6      5.13       0.19%
Bulgaria                   m     5.2    4.8       4.1       4.70       0.18%
Egypt                            0.5    4.8       4.4       3.23       0.12%
Uruguay                          1.9    3.2       2.7       2.60       0.10%
Syrian Arab Republic             1.6    2.3        3.1      2.33      0.09%
Kenya                            1.3    1.2       1.0       1.17      0.04%
Algeria                          1.1    1.5       0.8       1.13      0.04%
Tunisia                          0.8    1.1       1.4       1.10      0.04%
Morocco                          0.8    0.8       1.4       1.00      0.04%
Iran, Islamic Republic           0.9    0.4       1.3       0.87      0.03%
of
Hong Kong                        0.6    0.4       1.4       0.80      0.03%
Saudi Arabia                     0.4    0.7       1.2       0.77      0.03%
Iceland                          0.7    0.6       0.7       0.67      0.03%
Lebanon                          0.4    1.0       0.6       0.67      0.03%
El Salvador                      0.8    0.8       0.3       0.63      0.02%
Jordan                           0.5    0.7       0.3       0.50      0.02%
Cyprus                           0.3    0.4       0.4       0.37      0.01%
Zimbabwe                         0.1    0.2       0.6      0.30       0.01%
Iraq                             0.6    -         0.2      0.27       0.01%
India                          -0.1    -0.1       0.9      0.23       0.01%
Libyan Arab Jamahiriya           0.2    0.3       0.1      0.20       0.01%
Malta                            0.1    0.1       0.1      0.10          -
Other former USSR      d/      47.6    22.4      16.8     28.93       1.09%
Total                  g/    2594.5  2693.0    2688.5   2658.67     100.00%
                               -  41
 ---pagebreak--- Notes :  a/   Three-year average, 1989/90 - 1991/92 of net imports of cocoa
              beans plus gross imports 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, on
              average, 10 tonnes or more in the three-year period 1989/90 to
              1991/92, based on information available to the ICCO
              Secretariat.
         c/   Statistics relate to the aggregate imports of the Federal
              Republic of Germany and the former German Democratic Republic,
              appropriately adjusted for estimated intra-German trade.
         d/   Provisional estimates for the Russian Federation based on data
              supplied by the delegation. Data for "Other former USSR" are
              computed by subtracting the data for the Russian Federation
              from the totals for the former USSR.
         e/   Provisional estimates based on statistics for the former
              Czechoslovakia. These were divided between the Czech Republic
              and Slovakia in the ratio 2 to 1 in favour of the former.
         f/   Philippines may also qualify as an exporting country.
         g/   Totals may differ from the sum of constituents due to rounding.
         m    Member of the International       Cocoa  Agreement,   1986   (as
              extended), as at 22 June 1993.
              nil, negligible or less than the unit employed
Source ; International Cocoa Organization, Quarterly Bulletin of Cocoa
         Statistics. Vol. XIX, No. 2 (March 1993) and ICCO Secretariat
         estimates.
                                 ,- 42 -
 ---pagebreak---                        Annex C
   Producing countries exporting either exclusively
          or partially fine or flavour cocoa
Costa Rica                    Saint Lucia
Dominica                      Saint Vincent and the Grenadines
Ecuador                       Samoa
Grenada                       Sao Tome and Principe
Indonesia                     Sri Lanka
Jamaica                       Suriname
Madagascar                    Trinidad and Tobago
Panama                        Venezuela
Papua New Guinea
                        - 43 -
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93)513final
                                                      DOCUMENTS
EN                                                                          1102
                                Catalogue number : CB-CO-93-546-EN-C
                                                             ISBN 92-77-59962-6
Office for Official Publications of the European Communities
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