CELEX: 51994PC0008
Language: en
Date: 1994-01-24
Title: Proposal for a COUNCIL DECISION concerning the signing and provisional application of the International Cocoa Agreement 1993 on behalf of the Community

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