0.916.118.1 text original international cocoa agreement, 2010 concluded in Geneva on June 25, 2010, approved by the Federal Assembly on March 8, 2011 Swiss ratification Instrument deposited on 12 May 2011 entered into force for Switzerland on a provisional basis on 1 October 2012 (State October 1, 2012) preamble the Parties to this agreement, has) Recognizing the contribution of the cocoa sector to the reduction of poverty and the realization of the development goals agreed at the international level, including the objectives of the Millennium Development Goals (MDGs); b) Recognizing the importance of cocoa and its trading for the economy of developing countries, as the sources of income of their populations, and recognizing the crucial contribution of trading in cocoa to their export earnings and to the development of their economic and social development programs; c) Recognizing the importance of the cocoa sector to the livelihoods of millions of people ((, especially in developing countries where production of cocoa is the main direct source of income for small producers; d) Recognizing that close international cooperation on issues related to cocoa and that a permanent dialogue between all stakeholders in the cocoa value chain can contribute to the sustainable development of the world; e cocoa economy) Recognizing the importance of strategic partnerships between the exporting and importing members in order to achieve a cocoa economy sustainable; f) Recognizing the need to ensure the transparency of the international market of cocoa, in the interests of producers and consumers; g) Recognizing the contribution of previous international agreements on cocoa in 1972, 1975, 1980, 1986, 1993 and 2001 to the development of the world cocoa economy;
agreed to the following: RO 1973 1405 RO 1976 2221 RO 1981 1532 RO 1987 1817 RO 1996 61 RO 2004 1311 chapter I objectives art. 1 objectives to strengthen the global cocoa sector, promote sustainable development and to increase the benefits for all stakeholders, the objectives of the seventh international cocoa agreement are: a) to promote international cooperation in the world cocoa economy; b) provide a framework appropriate for the discussion of all issues related to cocoa between Governments ((, and with the private sector; c) contribute to the strengthening of the cocoa economy national of Member States, by the elaboration, development and evaluation of projects appropriate to submit to the competent institutions for funding and implementation, and fundraising for projects benefiting members and economy world cocoa; d) strive for fair prices generating equitable revenues for producers and consumers within the value chain of the cocoa, and contribute to a development balanced of the world cocoa economy, in the interest of all members; e) promoting a sustainable cocoa economy on economic, social and environmental; f) encourage research and the application of its results through the promotion of training and programs of information allowing the transfer to members of technologies adapted to cocoa; g) promote transparency in the world cocoa economy (, and in particular of cocoa trading, by collection, analysis and dissemination of relevant statistics and conducting appropriate studies, as well as promoting the elimination of barriers to trade; h) promote and encourage the consumption of chocolate and cocoa-based products, in order to increase demand for cocoa, including by promoting the virtues of cocoa, including the beneficial effects for health ((, in close cooperation with the private sector; i) encourage members to promote the quality of cocoa and to develop food safety practices in the cocoa sector; j) encouraging members to develop and implement strategies to strengthen the capacity of local communities and small producers to benefit from cocoa production (, and thus contribute to the reduction of poverty; k) facilitate the availability of information on the instruments and financial services which can benefit the cocoa producers, including access to credit and risk management methods.
Chapter II Definitions article 2 definitions for the purposes of this agreement: 1. the term cocoa means cocoa beans and products derived from the cacao.2. Fine cocoa ("fine" or "flavour") refers to cocoa which the flavor and color are deemed exceptional, and that is produced in the countries listed in Annex C of this Accord.3. Derived from the cocoa products means products made exclusively from cocoa beans, such as cocoa paste/liquor, cocoa butter, cocoa powder without addition of sugar, oilcake and decortiquees.4 almonds. Chocolate and chocolate products are products made from cocoa beans, according to the standard of the Codex Alimentarius on chocolate and chocolates.5 products. Stocks of cocoa beans means all dry cocoa beans that are identified on the last day of the year cocoa (30 September) −quels that are the place of storage, the owner or the use to which they are destinees.6. Year cocoa refers to the period of 12 months from 1 October to 30 September inclus.7. Organization means the International Cocoa referred to in art. 3.8. the Council means the international cocoa mentioned in art Board. 6.9. the expression contracting party means a Government, the European Union or an intergovernmental organization referred to in art. 4, which has agreed to be bound by this Agreement provisionally or definitif.10. Member means a Contracting Party as defined above. 11. Importing country or importing Member means respectively a country or a member whose imports of cocoa, converted into equivalent of cocoa beans beyond the exportations.12. Exporting country or exporting Member means respectively a country or a member whose exports of cocoa, converted into equivalent of cocoa beans exceed imports. However, a producer of cocoa whose imports of cocoa, expressed in equivalent beans, exceed exports but whose production exceeds imports or whose production exceeds its domestic cocoa consumption apparent, may, if he wishes, be a member exportateur.13. Export of cocoa means any cocoa which leaves the customs territory of a country, and import of cocoa means any cocoa which enters the customs territory of a country, being understood that for the purposes of these definitions the customs territory, in the case of a member which comprises more than one customs, is territory known cover the whole of the customs territories of this Membre.14. A sustainable cocoa economy implies an integrated value chain in which all the actors develop and promote appropriate policies to achieve levels of production, transformation and consumption that are economically viable, environmentally sound and socially responsible, in the interest of present and future generations, in order to improve productivity and profitability in the value chain of cocoa for all stakeholders especially the small producteurs.15. The private sector refers to all private entities whose main activities in the cocoa sector. It includes farmers, traders, processors, manufacturers and research institutes. Under this agreement, the private sector also includes businesses, organizations and public institutions, which exercise functions devolved to some private entities in other pays.16. Indicator price is the representative indicator of the international price of cocoa used for the purposes of this agreement and calculated according to the provisions of art. 33.17. the rights expression of SDR (SDR) means the special drawing rights of the IMF international.18. The term tonne means a mass of 1000 kilograms or 2204,6 pounds avoirdupois, and the term book means the avoirdupois pound or 453,597 grammes.19. Simple distributed majority means the majority of the votes cast by exporting members and a majority of the votes cast by importing members, counted separement.20. 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 presents.21. Entry into force means, otherwise, the date on which this agreement comes into force, as either interim or final.
Calculated according to the grindings of cocoa beans plus net imports of products derived from cocoa and chocolate and chocolate products in equivalent beans.
Chapter III the International Cocoa Organization
Art. 3 seat and structure of the International Cocoa 1. The International Cocoa created by the international agreement of 1972 on the cocoa continues to exist; It ensures the implementation of the provisions of this agreement and ensure its application.2. The headquarters of the organization is always located on the territory of a country Membre.3. The Organization has its headquarters in London, unless the Council decides autrement.4. The Organization functions through: a) of the international Council of the cocoa, which is the supreme organizing authority; b) subsidiary organs of the Council, including the administrative and Financial Committee, the Economic Committee, the Commission on economy cocoa world and any other Committee established by the Board; etc) of the Secretariat.
Art. 4 members of the Organization 1. Each Contracting Party is a member of the Organisation.2. There shall be two categories of members of the Organization, namely: a) exporting members; b) importing members.
3. a member may change the category to the conditions that the Council may etablir.4. Two Contracting Parties or more may, by a notification to the Council and to the depositary, which will take effect on the date specified by the Contracting Parties concerned and the conditions agreed by the Council, declare them to participate in the Organization as a group Membre.5. Any reference in this agreement to "a Government" or "Governments" shall also apply to the European Union and any intergovernmental organization having comparable responsibilities in 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 of the notice of application as a provisional, or membership, is, in the case of such intergovernmental organizations, deemed to be submitted also to the signature, ratification, acceptance or approval, or to notification of application on an interim basis, or to accession, by such organizations intergouvernementales.6. In the case of voting on matters within their competence, such intergovernmental organizations have a number of votes equal to the total number of votes attributed to their Member States in accordance with art. 10. in such cases, the Member States of such intergovernmental organizations may exercise their individual voting rights.
Art. 5 privileges and immunities 1. The Organization has legal personality. It has in particular the capacity to contract, to acquire and dispose of movable and immovable property and to sue justice.2. The status, privileges and immunities of the Organization, its Executive Director, its staff its experts, and representatives of members located on the territory of the host Government to perform their duties, are governed by the headquarters agreement between the host Government and the international organization of the cacao.3. The headquarters agreement referred to in the by. 2 this section is independent of this agreement. However, it ends: a) according to the provisions provided for in the headquarters agreement; b) if the headquarters of the organization is moved from the country of the Government host; OUC) if the Organization ceases to exist.
4. the organization may conclude with one or more other members agreements, which must be approved by the Council, on the privileges and immunities that may be necessary for the proper functioning of this agreement.
Chapter IV the international Council of cocoa art. 6 composition of the international cocoa 1 Board. The international Cocoa Council consists of all the members of the Organisation.2. Each Member is represented at the meetings of the Board by duly accredited representatives.
Art. 7 powers and functions of the Council 1. The Council shall have all powers and performs or ensures the fulfillment of the functions which are necessary for the application of the express provisions of the present agreement.2. The Council is not empowered to contract a any obligation outside the scope of this agreement, and shall not be taken to have been authorized by the members; in particular, there no quality to borrow money. In the exercise of its ability to contract, the Council inserts in its contracts the terms of this provision and the art. 23 in order to bring them to the knowledge of the other parties to the contracts; However, if these conditions are not inserted, the contract is not struck as invalid, and the Council is not deemed exceeding the powers to him conferes.3. The Board shall adopt regulations which are necessary for the application of the provisions of this agreement, consistent with these, including its own rules of procedure and those of its committees, the financial regulations and the staff rules of the organization. It may, in its rules of procedure, a procedure to take, without meeting, decisions on questions particulieres.4. The Board holds the records necessary for the exercise of the functions conferred upon him by this agreement and any other records it deems appropries.5. The Board may create all the working groups needed to help him carry out his duties.
Art. 8 Chairman and Vice-Chairman of the Board 1. The Council elects every year cocoa a Chairman and a Vice-Chairman, who are not paid by the Organisation.2. The President and the Vice-president are both elected from among the representatives of the exporting members or from among the representatives of importing members. There are alternating annually cocoa, between the two categories.3. In case of temporary absence of the President and Vice President or in case of absence of one of them or both, the Board may elect from among the representatives of the exporting members or from among the representatives of the importing members, as appropriate, to new holders of these functions, temporary or permanent according to the cas.4. The Chairman or any other Member of the Bureau who chairs a meeting of the Council does take part in the vote. A member of his delegation may exercise the rights to vote of the Member which he represents.
Art. 9 sessions of the Council 1. As a general rule, the Council meets in regular session once per semester of the year cacaoyere.2. The Council shall meet in extraordinary session if it so decides or if it is required: a) either by five members; b) or by at least two members holding at least 200 votes; c) or by the Executive Director, for the purposes of art. 22 and 59.
3. sessions of the Council shall be announced at least 30 calendar days in advance, except in case of emergency, when notice shall be at least 15 days.4. Sessions are normally held at the headquarters of the Organization unless the Council decides otherwise. If, on the invitation of any Member, the Council decides to meet elsewhere at headquarters of the Organization, that Member takes his dependants, in accordance with the administrative rules of the Organization, the resulting additional costs.
Art. 10 voice
1. the exporting members holding together 1000 votes and the importing members holding together 1000 votes. These voices are divided within each category of members, i.e. that of the exporting members and that of the importing members, in accordance with the provisions of the following paragraphs of this article.2. For each year cocoa, the votes of the exporting members are distributed as follows: each exporting Member shall have five basic votes. The remaining votes are distributed among all the exporting members in proportion to the average volume of their exports of cocoa during the three years previous cocoa for which data were published by the Organization in the latest issue of the quarterly Bulletin of cocoa statistics. To this end, exports are calculated by adding exports net of cocoa beans net exports of cocoa products, converted to equivalent beans using the conversion coefficients listed in art. 34.3. for each year cocoa, the votes of the importing members are distributed among all the importing members in proportion to the average volume of their imports of cocoa during the three years preceding cocoa for which data were published by the Organization in the latest issue of the quarterly Bulletin of cocoa statistics. To this end, imports are calculated by adding imports net of cocoa beans gross imports of cocoa products, converted to equivalent beans using the conversion coefficients listed in art. 34. no member country has less than five votes. Therefore, the voting rights of Member States with a number of votes higher minimum are distributed among the members with a number of votes less than the minimum.4. If, for any reason, difficulties arise regarding the determination or the update of the statistical basis for the calculation of the votes in accordance with the provisions of by. 2 and 3 of this article, the Council may decide to hold a different statistical basis for the calculation of the voix.5. Any Member, with the exception of those mentioned in the by. 4 and 5 of art. 4, holds more than 400 votes. Voices over and above this figure arising from the calculations shown in the by. 2, 3 and 4 of this article shall be redistributed among other members according to the provisions of the said paragraphes.6. When the membership of the organization changes or when the right to vote of a member is suspended or restored under any provision of this agreement, the Council proceeds to a new distribution of votes in accordance with this section. The European Union or any such intergovernmental organization as defined in art. 4 holds votes as a single member, according to the procedure in the by. 2 or 3 of the present article.7. There may be splitting votes.
Art. 11 voting procedure of the Council 1. Each Member has to vote, of the number of votes it holds and no Member shall divide its votes. However, a member is not required to express in the same direction as his own voice that he is authorized to use by virtue of the by. 2 of this article.2. By written notification addressed to the President 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 use its votes at any meeting of the Board. In this case, the intended limitation to the by. 5 of art. 10 is not applicable.3. A member authorized by another Member to use the voice as this member holds under art. 10 uses these voices in accordance with the instructions of that Member.
Art. 12 decisions of the Board 1. The Council strives to take all decisions and make all recommendations by consensus. If a consensus cannot be reached, the Council takes its decisions and makes recommendations by a special vote in accordance with the following procedures: a) if the proposal does not the majority required by the special vote because of the negative vote of more than three exporting or more than three importing members members, she is deemed rejected; b) if the proposal gets not the majority required by the special vote because of the vote three or less than three members exporting or three or less importing members, it is given to the voice within 48 hours; etc) if the is still not obtained majority required by the special vote, it is deemed to be rejected.
2. in counting the votes needed, for any decision or recommendation of the Board of members abstaining are not be taken into consideration.3. The members undertake to consider themselves as bound by all decisions taken by the Council pursuant to the provisions of this agreement.
Art. 13 cooperation with other organizations 1. The Council shall take all steps appropriate to consult or cooperate with the Organization of the United Nations and its organs, especially the the United Nations Conference on trade and development, and with the United Nations Organization for food and agriculture and the other specialized agencies of the United Nations and intergovernmental organizations, as it convient.2. The Council, in view of the special role played by the United Nations Conference on trade and development in international commodity trade, holds this organization, in an appropriate manner, aware of its activities and its travail.3 programs. The Council may also take all appropriate measures to maintain effective contacts with international organizations of producers, traders and manufacturers of cacao.4. The Council strives to involve in its work on the policy of production and consumption of cocoa international financial institutions and other parties interested in the cocoa mondiale.5 economy. The Council may decide to cooperate with other competent experts in cocoa.
Art. 14 invitation and admission of observers 1. The Council may invite any non-Member State to participate in its meetings as an observateur.2. The Council may also invite any organization referred to in art. 13 to participate in its meetings as an observateur.3. The Council may also invite, as observers, non-governmental organizations with expertise in areas of the cacao.4 sector. To each of its sessions, the Council decides to the participation of observers, including, on a case by case, of non-governmental organizations with expertise in areas of the cocoa sector, in accordance with the conditions established in the administrative regulations of the organization.
Art. 15 quorum 1. The quorum required for the opening of a session of the Council is by the presence of at least five exporting members and a majority of importing members, provided members of each category so present to hold at least two thirds of the total votes of members belonging to this categorie.2. If the quorum provided for in the by. 1 of the present article is not yet the day fixed for the opening of the session, the second day, and during the rest of the session, the quorum for the opening meeting is deemed constituted by the presence of exporting and importing members holding a simple majority voices in their categorie.3. The quorum required for the sessions following the opening of a session according to the by. 1 of the present article is the one that is prescribed in the by. 2 of this article.4. Any member represented according to the by. 2 of art. 11 is considered to be present.
Chapter V the Secretariat of Organization art. 16. the Executive Director and the staff of the Organization
1. the Secretariat includes the Executive Director and the personnel.2. The Board appoints the Executive Director for a term whose duration will not exceed that of the agreement and its extensions, if any. It sets the rules of selection of candidates and the terms of appointment of the Director executif.3. The Executive Director is the Chief Administrative Officer of the Organization; He is responsible for the Administration and operation of this agreement in accordance with the decisions of the Conseil.4 Council. The staff is responsible to the Director executif.5. The Executive Director shall appoint staff in accordance with the regulations adopted by the Board. To stop this regulation, the Council takes into account those who apply to the staff of similar intergovernmental organizations. Officials are, as much as possible, chosen from among the nationals of the exporting members and importateurs.6 members. Neither the Executive Director nor the staff shall have any financial interest in industry, trade, transport or advertising of the cacao.7. In the performance of their duties, the Executive Director and the staff don't seek or accept no instructions of any member or any authority outside the organization. They shall refrain from any action incompatible with international officials responsible only to the organization. Each Member undertakes to respect the exclusively international character of the functions of the Executive Director and the staff and not to seek to influence them in the exercise of their fonctions.8. The Executive Director or the staff of the Organization must disclose any information concerning the operation or administration of this agreement, unless authorized by the Council or if required by the proper exercise of their duties in respect of this agreement.
Art. 17 programme of work 1. At the first session of the Council after the entry into force of the agreement, the Executive Director shall submit a five-year strategic plan review and approval of the Council. One year before the expiry of the five-year strategic plan, the Executive Director present a new five-year strategic plan project the applications.2. At its last session of the year cocoa, the Council, on the recommendation of the Economic Committee, adopted the programme of work of the organization established by the Executive Director for the following year. The work programme includes projects, initiatives and activities that must be undertaken by the organization. The Executive Director implements the program of travail.3. At its last meeting of the year cocoa, the Economic Committee evaluates the execution of the work programme for the current year on the basis of a report of the Executive Director. The Economic Committee presents its findings to the Council.
Art. 18 report annual Council publishes an annual report.
Chapter VI the Administrative Committee and financial arts. 19 establishment of the administrative and Financial Committee 1. An administrative and Financial Committee is established. It is responsible for: a) supervise, on the basis of a budget proposal submitted by the Executive Director, the development of the draft administrative budget to submit to the Council; b) to perform any other task entrusted to the Council, including the monitoring of revenues and expenditures as well as issues relating to the administration of the Organization financial and administrative.
2. the administrative and Financial Committee makes recommendations to the Council on susmentionnees.3 issues. The Council establishes the rules of the administrative and Financial Committee.
Art. Composition of the administrative and Financial Committee 1 20. The administrative and Financial Committee consists of six rotating exporting members and six members importateurs.2. Each Member of the administrative and Financial Committee appoints a representative and, if desired, one or more alternates. The members of each class are elected by the Council, on the basis of the distribution of votes under art. 10. their mandate covers a period of two years renouvelable.3. The administrative and Financial Committee elects a Chairman and a Vice-Chairman from among its representatives for a period of two years. The functions of president and Vice President are exercised alternately by exporting members and by importing members.
Art. 21 meetings of the administrative and Financial Committee 1. The administrative and Financial Committee meetings are open to all members of the Organization as an observateurs.2. The administrative and Financial Committee shall normally meet at the headquarters of the Organization, unless it decides otherwise. If, on the invitation of any Member, the administrative and Financial Committee meets elsewhere that at headquarters of the Organization, that Member shall his dependants, in accordance with the administrative rules of the Organization, the additional costs which in resultent.3. The administrative and Financial Committee normally meets twice a year and report to the Council on its work.
Chapter VII finance art. 22 finance 1. He's kept an administrative account for the purposes of the administration of this agreement. The expenses necessary for the administration of this agreement are charged to the administrative account and are covered by the annual members, fixed contributions in accordance with art. 24. However, if a member requests special services, the Council may decide to approve this request and claims audit member to pay for these services.2. The Council may establish separate accounts for specific purposes, in accordance with the objectives of this agreement. These accounts are funded by voluntary contributions from members and other organismes.3. The fiscal year of the Organization coincided with the year cacaoyere.4. The expenses of delegations to the Council, the administrative and Financial Committee, the Economic Committee and any other Committee of the Council or of the administrative and Financial Committee and the Economic Committee are borne by Member interesses.5. If the finances of the organization is or is likely to be insufficient to finance expenditures of the rest of the year cocoa, the Executive Director shall convene a special session of the Council within 15 days, unless that a Board meeting already scheduled within 30 calendar days.
Art. 23 members responsibilities the responsibilities of a member to the Council and to other members is limited to its obligations regarding contributions specifically provided for in this agreement. Third parties dealing with the Council are supposed to have knowledge of the provisions of this Agreement relating to the powers of the Council and the obligations of the members, in particular of the by. 2 of art. 7 and the first sentence of this article.
Art. 24 approval of the administrative budget and assessment of contributions 1. During the second half of each financial year, the Council shall adopt the administrative budget of the Organization for the following year and fixed the contribution of each Member to this budget.2. For each fiscal year, the contribution of each Member to the administrative budget is proportional to the report which is, at the time of the adoption of the administrative budget of this exercise, between the number of votes of the Member and the number of votes of all the members. For the assessment of contributions, the votes of each Member are counted regardless of the suspension of the rights to vote of a member or the new distribution of votes in resulte.3. The Board sets the initial contribution of any Member who enters the Organization after the entry into force of this agreement, depending on the number of votes attributed to him and the fraction remaining in the current year. However, the contributions assigned to the other members for the current year remain inchangees.4. If this agreement enters into force before the start of the first full financial year, the Council, at its first session, adopts an administrative budget for the period until the beginning of the first full year.
Art. 25 payment of contributions to the administrative budget
1. contributions to the administrative budget for each financial year are payable in freely convertible currencies, are not subject to restrictions on foreign exchange, and are due on the first day of the fiscal year. The contributions of the members for the year in which they become members of the Organization are due on the date on which they become States2. Contributions to the administrative budget adopted in virtue of by. 4 of art. 24 are due within three months following the date on which they were fixees.3. If, at the end of the first four months of the fiscal year or, in the case of a new Member, three months after the Council has assessed its contribution, a member has not paid full contribution to the administrative budget, the Executive Director asked to make payment as soon as possible. If, on the expiry of a period of two months from the date of the request of the Executive Director, the Member in question has still not paid its contribution, its voting rights in the Council, to the administrative and Financial Committee and the Economic Committee are suspended until the payment in full of the contribution.4. A member whose voting rights have been suspended in accordance with the by. 3 of this section may not be deprived of any of its rights or exempt from any obligations under this agreement, unless the Council decides otherwise. He is required to pay its contribution and to deal with all other financial obligations arising from the present Accord.5. The Council examines the question of the participation of any member of two years late in the payment of its contributions and may decide that this one enjoy most of the rights conferred by a member and/or will be taken into consideration for budgetary purposes. The Member in question is still obligated to fulfil all other financial obligations imposed under this agreement. If it regulates its arrears, it covers the rights conferred by membership. Any payment made by a member in arrears is assigned first to the payment of these arrears, rather than the regulation of contributions for the current year.
Art. 26 audit and publication of accounts 1. As soon as possible, but not more than six months after the close of each financial year, the statement of the accounts of the Organization for this year and the balance sheet at the close of that year under the accounts referred to in art. 22, are checked. Verification is done by an independent auditor of recognized standing, who is elected by the Council for each financial year budgetaire.2. The terms of appointment of the independent auditor of recognized competence as well as the intentions and objectives of the audit are set out in the financial regulations of the organization. The statement of accounts and the balance sheet audited organization are submitted to the Council for approval at its session ordinary suivante.3. It is published a summary of the accounts and balance sheet audited.
Chapter VIII Committee economic art. 27 establishing the Economic Committee 1. An Economic Committee is established. The Economic Committee is responsible for: a) the examination of cocoa statistics and statistical analysis of production, consumption, stocks, the grindings, international trade and prices of cocoa; b) review of the analyses of the trends of the market and other factors affecting these trends, in particular the supply and demand of cocoa, including the effect of the use of alternatives to cocoa butter on consumption and international trade in cocoa; c). analysis information on access to the market of cocoa and products derived from cocoa producing and consuming countries, including information on the obstacles, tariff and non-tariff as well as the activities undertaken by the members to promote the elimination of obstacles to trade; d) review and recommendation to the Board of the projects intended to be financed by the Fund common for commodities (CFC) or other donor agencies; e) examination of the questions relating to the economic aspects of the sustainable development of the economy cocoa; f) review of the draft annual work programme of the Organization, in collaboration with the administrative and Financial Committee if applicable; g) the preparation of international conferences and seminars on cocoa, at the request of the Council; h) consideration of any other issue approved by the Council.
2. the Economic Committee recommends to the Council on susmentionnees.3 issues. The Council establishes the rules of the Economic Committee.
Art. 28 Economic Committee 1. The Economic Committee is open to all members of the Organisation.2. The members of the Economic Committee shall elect a Chairman and a Vice-Chairman for a period of two years. The functions of president and Vice President are exercised alternately by exporting members and by importing members.
Art. 29 meetings of the Economic Committee 1. The Economic Committee shall normally meet at the headquarters of the Organization, unless it decides otherwise. If, on the invitation of any Member, the Economic Committee meets elsewhere that at headquarters of the Organization, that Member shall his dependants, in accordance with the administrative rules of the Organization, the additional costs which in resultent.2. The Economic Committee normally meets twice a year, at the same time that the sessions of the Council. The Economic Committee shall report to the Council on its work.
Chapter IX transparency market art. 30 information and transparency of the market 1. The organization serves as a global information centre for the collection, grouping, the Exchange and dissemination of statistical data and studies in all areas relating to cocoa and cocoa products. To this end, the Organization: a) maintain up-to-date statistical data on production, grindings, consumption, exports, re-exports, imports, prices and stocks of cocoa and derivatives of the cocoa; b) application, as appropriate, technical information on culture, marketing, transportation, processing, use and consumption of cocoa.
2. the Commission may request Member to provide information on cocoa as it deems necessary for its operation, including information on Government policies, on taxes as well as standards, laws and national regulations applicable to the cacao.3. To promote the transparency of the market, will communicate to the Executive Director, as far as possible and within a reasonable time, of the relevant statistics as detailed and reliable as possible.4. If a member does not provide or has problems in providing timely statistical data required by the Council for the proper functioning of the Organization, it can ask him the reason. When assistance is necessary in this area, the Council may offer the necessary support to overcome the difficulties rencontrees.5. The Council publishes, at appropriate times, but at least twice a year cocoa, projections of production and grindings of cocoa. The Council may use relevant information from other sources in order to follow the evolution of the market and evaluate current and potential levels of production and consumption of cocoa. However, the Council cannot publish any information which could reveal the activity of individuals or business entities that produce, process or distribute the cocoa.
Art. 31 stocks 1. To facilitate the assessment of the volume of world stocks of cocoa to ensure greater transparency of the market, each member provides each year, at the latest in may, to the Executive Director information on the level of stocks of cocoa beans and products derived from cocoa held in his country, according to the by. 3 of art. 30.2. the Executive Director shall take steps to ensure the active cooperation of the private sector in this work, while guaranteeing the commercial confidentiality of information fournies.3. Based on this information, the Executive Director shall submit to the Economic Committee an annual report on the situation of the global stocks of cocoa beans and cocoa products.
Art. 32 1 cocoa substitutes. Members acknowledge that the use of substitutes may affect expansion of cocoa consumption and the development of a sustainable cocoa economy. In this regard, they take full account of the recommendations and decisions of international bodies, including the provisions of the Codex Alimentarius.2. The Executive periodically the Economic Committee reports on the evolution of the situation. On the basis of these reports, the Economic Committee discussed the situation and, if necessary, present recommendations to the Council for the adoption of appropriate decisions.
Art. 33 indicator price
1. for the purposes of this agreement, and in particular for the purpose of monitoring the evolution of the cocoa market, the Executive Director calculates and publishes the indicator price in beans cocoa ICCO. This price is expressed in United States dollars per tonne, in euros per tonne, in pounds sterling per tonne and in special drawing rights (SDRS) the tonne.2. The indicator price ICCO is the average of the daily prices for cocoa beans of three active months term closest on the instruments of London (NYSE Liffe) futures market and on the market of New York (ICE Futures US) at the time of closing of the London market. London courses are converted into U.S. dollars per ton through the exchange rate of the day to six-month term established in London at the close. The average prices in London and New York United States dollars-denominated is converted in euros and pounds sterling to the exchange rate London cash at closing, as well as DTS at the rate of appropriate daily official exchange of the dollar of the United States in DTS, published by the international monetary fund. The Council decides the method of calculation to be used when only courses on one of these two cocoa markets are available or when the London Forex market is closed. The passage to the next three-month period is the 15th day of the month immediately preceding the month active closest where contracts come to echeance.3. The Council may decide on any other method to calculate the indicator price ICCO considers satisfactory than that prescribed in this article.
Art. 34 conversion factors 1. For the purpose of determining the equivalent products derived from cocoa beans, conversion factors are the following: cocoa butter 1.33; oil cakes and cocoa powder 1,18; cocoa paste/liquor and peeled almonds 1.25. The Council may decide, if it is necessary, that other products containing cocoa are products derived from cocoa. Conversion factors applicable to cocoa derivatives other than those for which conversion factors are shown in this article are fixed by the applications.2. The Council may revise the conversion factors shown in the by. 1 of the present article.
Art. 35 scientific research and Development Council encourages and promotes scientific research and development in the field of production, transport, processing, marketing and consumption of cocoa, and the dissemination and practical application of its results. To this end, the organization may cooperate with international organizations, research institutes and the private sector.
Chapter X Art. market development 36 1 market analysis. The Economic Committee analyses the trends and prospects of development in the sectors of production and consumption of cocoa, as well as the evolution of stocks and prices, and identifies the imbalances in the market at a precoce.2 stage. At its first session, at the beginning of the new year cocoa, the Economic Committee examines the annual production and consumption global forecast for the five years following cocoa. The forecasts are studied and revised all year if necessaire.3. The Economic Committee shall submit detailed reports to each regular session of the Board. This one, on the basis of these reports, took stock of the general situation, in particular assessing the evolution of supply and demand. The Board may make recommendations to members on the basis of this evaluation.4. On the basis of these forecasts, in order to restore the balance of the market in the medium and long term, the exporting members may consider to coordinate their national production policies.
Art. 37 promoting consumption 1. Members undertake to encourage the consumption of chocolate and the use of products derived from cocoa, to improve the quality of the products and to develop the cocoa markets, including in the exporting member countries. Each Member is responsible for the means and methods it uses to this fin.2. All members strive to eliminate or significantly reduce internal barriers to the development of cocoa consumption. In this regard, members hold the Executive Director regularly informed of national legislation and the relevant measures and provide all other information concerning cocoa consumption, including domestic taxes and rights of douane.3. The Economic Committee shall establish a programme of outreach activities of the Organization, which may include the launching of information campaigns, research, capacity building and studies on the production and consumption of cocoa. The organization is working to get the cooperation of the private sector for execution of its activites.4. Promotional activities are included in the annual programme of work of the Organization, and can be financed by resources announced by members, non-members, other organizations and the private sector.
Art. 38 studies, surveys and reports 1. To help its members, the Council encourages the development of studies, surveys, technical reports and other documents on the economy of the production and distribution of cocoa. This is including trends and projections, the impact of the measures taken by Governments in exporting countries and importing countries on the production and consumption of cocoa, from the analysis of the value chain of cocoa, approaches to the management of financial and other risks, aspects related to the sustainability of the cocoa sector opportunities to increase the consumption of cocoa in its traditional and new, uses links between cocoa and health, as well as the effects of the application of the present agreement on exporters and importers of cocoa, including the terms of the echange.2. The Council may also encourage studies likely to contribute to the improvement of the transparency of the market and facilitate the development of a balanced world cocoa economy and durable.3. For the implementation of the provisions of by. 1 and 2 of this article, the Council, on the recommendation of the Economic Committee, may adopt the list of studies, surveys and reports to be included in the annual programme of work, in accordance with the provisions of art. 17 of this agreement. These activities may be financed by resources from the administrative budget or other sources.
Chapter XI fine cocoa ("fine" or "flavour") art. 39 fine cocoa ("fine" or "flavour") 1. At its first session after the entry into force of this agreement, the Council will review Annex C of this agreement and, if necessary, revise, determining the proportion in which the countries referred to in that annex produce and export exclusively or partially fine cocoa ('fine' or 'flavour'). The Council may subsequently, at any time during the term of this agreement, review and, if necessary, to revise Appendix C. The Council takes the advice of experts in the field, in case of need. In these cases, the composition of the panel of experts must ensure, insofar as possible, the balance between consumer countries experts and experts in producing countries. The Council decides the composition and the procedures to be followed by the panel of experts.2. The Economic Committee submits to the Organization of the proposed development and application of a system of statistics on production and trade of fine cocoa ("fine" or "flavour"). 3. Taking due account of the importance of the fine cocoa ("fine" or "flavour"), the members review and adopt, if necessary, related in accordance with the provisions of the art. 37 and 43.
Chapter XII projects art. 40 projects 1. Members can submit project proposals which contribute to the achievement of the objectives of this agreement and of the priority work areas identified in the five-year strategic plan aimed at the by. 1 of art. 17.2. the Economic Committee reviews project proposals and submits its recommendations to the Council, in accordance with the mechanisms and procedures for submission, evaluation, approval, priority setting and funding of projects, as established by the Council. The Council may, where appropriate, establish the mechanisms and procedures for the implementation and monitoring of projects, as well as for the wider dissemination of their resultats.3. At each meeting of the Economic Committee, the Executive Director shall present a report on the progress of all projects approved by the Council, including those awaiting financing, running or completed. A summary is presented to the Council, in accordance with the by. 2 of art. 27.4. as a general rule, the organization ensures the function of supervisory authority during the execution of the projects. General expenses incurred by the Organization in the development, management, supervision and evaluation of the projects should be included in the cost total of such projects. These overhead costs may not exceed 10% of the total cost of each project.
Art. 41 relationship with the common fund for commodities and other multilateral and bilateral donors
1. the United Nations use of the mechanisms of the common fund for commodities to help in the development and financing of projects that are of interest to the cacaoyere.2 economy. The Organization strives to cooperate with other international organizations as well as with multilateral and bilateral financing institutions in order to obtain the funding of programs and projects that are of interest to the economy cocoa, as of besoin.3. In no case the organization does not assume financial obligations related to projects, whether on its own behalf or on behalf of its members. No member of the Organization cannot be held responsible, under its membership in the Organization, loans or loans taken out by someone else or another instance in connection with these projects.
Chapter XIII development sustainable art. 42 standard of living and conditions of work. members shall improve the standard of living and working conditions of populations engaged in the cocoa sector, in a way that is compatible with their level of development, taking into account the agreed international principles and standards of the ILO. Members further agree not to use the standards of work for purposes of trade protectionism.
Art. 43 1 sustainable cocoa economy. Members make every effort to achieve a sustainable cocoa economy, taking into account the principles and the objectives of sustainable development contained in the Rio Declaration on environment and development and Agenda 21 adopted in Rio de Janeiro in 1992, in the United Nations Millennium Declaration adopted in New York in 2000 in the report of the World Summit for sustainable development held in Johannesburg in 2002, in the Monterrey Consensus on financing for development adopted in 2002 and in the Ministerial Declaration on the Doha agenda for development adopted in 2001.2. The organization helps members making the request to their goals of developing a sustainable cocoa, according to the art economy. 1, let. e, and art. 2, by. 14.3. the organization serves as focal point for dialogue standing between actors, if necessary, to support the development of a cocoa durable.4 economy. The organization encourages cooperation among the members through activities that contribute to a cocoa durable.5 economy. The Board shall adopt and periodically evaluates the programs and projects related to a sustainable cocoa economy according to the by. 1 of the present article.6. The Organization search assistance and support from multilateral and bilateral donors for the execution of programs, projects and activities aimed at bringing about a sustainable cocoa economy.
Chapter XIV the consultative Board on the world cocoa Art. economy 44 establishment of the consultative Board on the world cocoa 1 economy. A consultative Board on the world cocoa (the Commission) economy is established to encourage the active participation of experts from the private sector in the work of the Organization and promote a continuous dialogue among experts from the public and prive.2 sectors. The Commission is an advisory body that provides advice to the Council on matters of general and strategic interest for the cocoa sector, including: a) structural changes long term supply and demand; b) means of strengthening the position of cocoa farmers to increase their income; c) proposals encouraging the production, trade and the sustainable use of cocoa; d) the development of a sustainable cocoa economy; e) the development of methods and frameworks promotion of consumption; f) any other matter relating to the cocoa under this agreement.
3. the Commission help the Council to collect information on production, consumption, and the stocks.4. The Commission shall submit to the Council recommendations on the above issues, for examen.5. The Commission may establish special working groups to help it fulfil its mandate, provided that their operating costs have no budgetary implications for the Organisation.6. At the time of its establishment, the Commission sets its own rules and recommend their adoption to the Council.
Art. 45 composition of the consultative Board on the world cocoa 1 economy. The Advisory on the world cocoa economy Commission is composed of experts from all sectors of the cocoa, namely economy: a) of associations of trade and industry; b) of national and regional organizations of cocoa producers, the public and private sectors; c) of national organizations of exporters of cocoa and associations of farmers; d) of research institutes on cocoa; e) of other associations or institutions in the private sector who have an interest in the cocoa economy.
2. these experts act as an individual or on behalf of their respectives.3 associations. The Commission is composed of eight experts from exporting countries and eight experts from importing countries, as defined in the by. 1 of the present article. These experts are nominated by the Council every two years cocoa. Members of the Commission may designate one or more advisers and substitutes, whose appointment must be approved by the Council. In the light of the experience of the Commission, the Council may increase the number of members of the Commission.4. The President of the Commission is chosen from among its members. It is chaired Alternately, for a period corresponding to two years cocoa, by exporting countries and importing countries.
Art. 46 meetings of the consultative Board on the world cocoa 1 economy. The consultative Board on the world cocoa economy shall normally meet at the headquarters of the Organization, unless the Council decides otherwise. If, on the invitation of any Member, the Advisory Committee meets elsewhere that at headquarters of the Organization, that Member shall his dependants, in accordance with the administrative rules of the Organization, the additional costs which in resultent.2. The Commission normally meets twice a year, at the same time as the regular sessions of the Council. The Commission shall regularly report to the Council on its travaux.3. Meetings of the consultative Board on the world cocoa economy are open to all members of the Organization, as a observateurs.4. The Commission may also invite to participate in its work and meetings of eminent experts or personalities deemed to be in a specific area, from the private sector or the public sector, including competent non-governmental organizations with expertise in areas of the cocoa sector.
Chapter XV waiver of obligations and differentiated measures and remedial art. 47 relief from obligations in exceptional circumstances 1. The Council may exempt a member of an obligation due to circumstances exceptional or critical of a case of force majeure, or international obligations under the United Nations Charter with respect to the territories under the regime of tutelle.2. When he grants an exemption to a member by virtue of the by. 1 of the present article, the Board states explicitly on what terms, in what circumstances and for how long the Member is exempted from the obligation, and the reasons for this dispense.3. Despite the provisions in this article, the Council will not provide a member from its obligations under the terms of art. 25 to pay contributions, or the consequences of a failure to paiement.4. The calculation of the distribution of the votes of the exporting members, for which the Commission has recognized a case of force majeure, should be based on the actual volume of exports of the year during which the force majeure intervenes and for the three years that follow.
Art. 48 differentiated and corrective measures importing members in developing and least developed countries that are members can, if their interests are adversely affected by measures taken in pursuance of this agreement, request the Council of differentiated and corrective measures appropriate. The Council plans to take such appropriate measures in the light of the resolution 93 IV) adopted by the Conference of the United Nations on trade and development.
Chapter XVI Consultations, disputes and complaints art. 49 consultations each member gives full consideration to the representations that another Member can send about the interpretation or application of this agreement, and it gives him adequate opportunities for consultation. During these consultations, at the request of one of the parties and with the consent of the other, the Executive Director sets an appropriate conciliation procedure. The costs of the proceedings are not chargeable to the budget of the organization. If this procedure leads to a solution, it is reported to the Executive Director. If no solution is reached, the matter may, at the request of one of the parties, be referred to the Council in accordance with art. 50 art. 50 disputes
1. any dispute relating to the interpretation or application of this agreement which is not settled by the parties to the dispute is, at the request of one of the parties to the dispute, be referred to the Council for decision.2. When a dispute is referred to the Council by virtue of the by. 1 of the present article and has been the subject of a debate, several members holding together a third at least of the total votes, or five members, may ask the Council to take, before making his decision, opinion, on the issues, a Group Advisory ad hoc constituted as stated in the by. 3 of the this article.3. (a) unless the Council decides otherwise, the ad hoc advisory group is composed of: i) two persons nominated by the exporting members, of which one has a great experience of the gender of those who are in dispute, and the other is a lawyer trained and experienced;
(ii) two persons, designated by the importing members, which one has great experience of the gender issues that are in dispute, and that the other is a qualified and experienced lawyer; iii) a Chairman selected unanimously by the four persons named in accordance with subparagraphs i and ii above, or, in case of disagreement between them, by the President of the Council.
(b) he has no impediment to what the nationals of members serve on the Group Advisory ad hoc.c). members of the ad hoc Advisory Group serve in their personal capacity and without receiving instructions from no gouvernement.d) expenses of the ad hoc advisory group are the responsibility of the organization.
4. the reasoned opinion of the ad hoc advisory group is submitted to the Council, which regulates the dispute after having taken into consideration all relevant data.
Art. 51 the Council complaints 1. Any complaint for breach by a member, the obligations under this agreement is, at the request of the Member making the complaint, be referred to the Council, which examines it and statue.2. The decision by which the Commission concludes that a member violates the obligations under this agreement is taken by a distributed simple majority and must specify the nature of the infraction.3. Whenever he concludes, that whether or not as a result of a complaint, that a member violates the obligations under this agreement, the Council may, without prejudice to other measures expressly provided for in other articles of this agreement, including art. 60: (a) suspend the voting rights of that Member to the Council; ETB) if he deems it necessary, suspend other rights of that Member, including eligibility to a function to the Council or to any any of its committees, or his right to exercise such a function, so that it has discharged its obligations.
4. a member whose voting rights have been suspended in accordance with the by. 3 of this section remains obliged to fulfil its obligations financial and other obligations under this agreement.
Chapter XVII provisions final art. 52 depositary the Secretary-General of the Organization of the United Nations is designated depositary of this agreement.
Art. 53 signature this agreement will be open to the signature of the parties to the international agreement of 2001 on cocoa and Governments invited to the United Nations Conference on cocoa, 2010, at the headquarters of the United Nations, October 1, 2010 to September 30, 2012. However, the Board established under the terms of the international agreement of 2001 on cocoa, or the Council established under the terms of this agreement, may extend once the time for the signing of this agreement. The Council will immediately give notice of the extension to the depositary.
Art. 54 ratification, acceptance and approval 1. This agreement is subject to ratification, acceptance or approval by the signatory Governments in accordance with their constitutional procedures. The instruments of ratification, acceptance or approval shall be deposited with the depositaire.2. Each Contracting Party instructs the Secretary-General, at the time of the deposit of its instrument of ratification, acceptance or approval or as soon as possible after this date, it is exporting or importing Member.
Art. 55 membership 1. The present agreement is open to accession by the Government of any State entitled to the signer.2. The Board determines in which of the annexes to this agreement the State who adheres such agreement is deemed be included, if it is not in one of these annexes.3. Accession shall be by deposit of an instrument of accession with the depositary.
Art. 56 1 provisional application notification. A signatory Government which intends to ratify, accept or approve this agreement or a Government which intends to accede, 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 national laws and regulations, it will apply this Agreement provisionally either when it enters into force in accordance with art. 57 or, if it is already in force, at a specified date. Each Government that made this notification tells the Secretary-General, at the time of the notification, or as soon as possible after the notification, if it will be exporting Member or member importateur.2. A Government which has notified, in accordance with the by. 1 of this article, that it will apply this agreement either when it enters into force or at a specified date is, therefore, Member on a provisional basis. He remained a member on a provisional basis until the date of deposit of its instrument of ratification, acceptance, approval or accession.
Art. 57 entry into force 1. This agreement shall enter into force definitively on 1 October 2012, or at a any later date, if by that date Governments representing at least five exporting countries holding 80% at least of the exports of countries listed in Annex A and Governments representing importing countries holding 60 per cent of total imports as they are shown in Appendix b. have deposited their instruments of ratification, acceptance, approval or accession with the depositary. It also comes into force on a permanent basis, after entering into force provisionally, as soon as the required above percentages will be achieved as a result of the deposit of instruments of ratification, acceptance, approval, or adhesion.2. This agreement shall enter into force provisionally on 1 January 2011, at that date Governments representing at least five exporting countries holding 80% at least of the exports of countries included in Annex A and Governments representing importing countries holding 60 per cent of total imports as they are shown 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. These Governments will be members as provisoire.3. If the requirements for entry into force to the by. 1 or to the by. 2 of the present article are not met prior to September 1, 2011, the Secretary-General of the United Nations Conference on trade and development shall convene, as soon as it deems possible, a meeting of Governments which have deposited instruments of ratification, acceptance, approval or accession or which have notified the depositary that they will apply this Agreement provisionally. These Governments may decide to put this agreement in force between them, temporary or permanently, in whole or in part, on such date as they set, or adopt any other provision they deem necessaire.4. For any 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 the by. 1, to the by. 2 or to the by. 3 of this article, the instrument or notification shall take effect on the date of filing, and with regard to the notice of application on a provisional basis, in accordance with the provisions of the by. 1 of art. 56 art. 58 reserves. None of the provisions of this agreement may be subject to reservations.
Art. 59 withdrawal 1. At any time after the entry into force of this agreement, any Member may withdraw from this agreement by notifying its withdrawal in writing to the depositary. The Member shall immediately inform the Council of its decision.2. The withdrawal takes effect 90 days after receipt of the notification by the depositary. If, in consequence of withdrawal, the number of members is insufficient for are met the conditions laid down in the by. 1 of art. 57 for the entry into force of this agreement, the Council shall meet in special session to examine the situation and take appropriate decisions.
Art. 60 exclusion
If the Commission finds, pursuant to the provisions of the by. 3 of art. 51, member violating the obligations imposed by this agreement, and if he also determines that this offence seriously hampers the functioning of this agreement, he may exclude that Member of the organization. The Council shall immediately notify the depositary this exclusion. Ninety days after the date of the Board's decision, that Member shall cease to be a member of the organization.
Art. 61 liquidation of accounts in case of withdrawal or exclusion in the case of withdrawal or expulsion of a member, the Council proceeds to the liquidation of the accounts of this member. The organization retains amounts already paid by that Member, that is, on the other hand, required to pay him any amount he owes to the effective date of the withdrawal or exclusion. However, in the case of a Contracting Party cannot accept an amendment and which thereby ceases to participate in this agreement by virtue of the by. 2 of art. 63, the Council may liquidate the account of the way that seems it fair.
Art. 62 duration, extension and end 1. This agreement remains in force until the end of the tenth year cocoa full following its entry into force, unless it is extended in application of the by. 4 of this article or be made before end in application of the by. 5 of this article.2. The Council will review this agreement five years after its entry into force and the decisions appropriees.3. As long as this agreement is in force, the Council may decide to renegotiate it so that the new negotiated agreement comes into force at the end of the tenth year cocoa referred to the by. 1 of this article, or at the end of any period of extension decided by the Council in accordance with the by. 4 of this article.4. The Council may extend this agreement, in whole or in part, for two periods not exceeding two years cocoa each. The Council shall notify this extension to the depositaire.5. The Council may at any time decide to terminate this agreement, which ends on the date fixed by the Council, it being understood that the obligations assumed by the members under art. 25 remain until the financial commitments related to the operation of this agreement have been filled. The Council shall notify this decision to the depositaire.6. Notwithstanding the end of this agreement in any way whatsoever, the Council continues to exist as long as it takes to liquidate the Organization, to settle accounts and divide the assets. During this period, the Council has the powers necessary to carry out all administrative matters and financieres.7. Notwithstanding the provisions of the by. 2 of art. 59, a member who does not wish to participate in this agreement as it has been extended under this article shall inform the depositary and the Council. This member ceases to be a party to this agreement from the beginning of the period of extension.
Art. 63 amendments 1. The Council may recommend amendments to this agreement to the Contracting Parties. The amendment takes effect 100 days after that the depositary has received notifications of acceptance from Contracting Parties representing at least 75% exporting members holding at least 85% the votes of the exporting members, and from Contracting Parties representing 75% at least of the importing members holding at least 85% the votes of the importing members, or at a later date as the Board may have set. The Board may fix a time limit before the expiry of which the Contracting Parties must notify the depositary that they will accept the amendment, and if the amendment entered into force on the expiry of this period, it is deemed retire.2. Any member on behalf of which he was did not notification of acceptance of an amendment to the date when it takes effect ceases at that time to participate in this agreement, unless the Council decides to extend the period fixed for acceptance of that Member to allow it to complete its internal procedures. This member is not bound by the amendment until it has notified its acceptance of the said amendement.3. As soon as the adoption of a recommendation for amendment, the Council address the depositary copy of the amendment. The Council gives the custodian the information necessary to determine if the number of notifications of acceptance received is enough for the amendment to take effect.
Chapter XVIII. additional provisions and transitional art. 64 special reserve fund 1. A special reserve fund shall be set up, which will only cover the expenses of liquidation of the organization that may be required. The Council shall decide how the interest earned on the Fund will be utilises.2. The special reserve fund amount, set by the Council under the terms of the international agreement of 1993 on cocoa, will be transferred to this agreement by virtue of the by. 1.3. a member who has not joined international agreements of 1993 and 2001 on cocoa and which adheres to this agreement must contribute to the special reserve fund. The contribution of this member is set by the Board based on the number of votes it holds.
Art. 65. other additional and transitional provisions 1. It is considered that this Agreement replaces the agreement of 2001 on the cacao.2. All the steps taken under the international cocoa 2001 agreement, either by the organization or one of its organs, in their name, which are in force on the date of entry into force of this agreement, and that it is not clear that the effect expires on that date, shall continue to apply unless they are amended by the provisions of this Accord.Fait in Geneva on June 25, 2010 the texts of this agreement in English, Arabic, Chinese, Spanish, french, and Russian being equally authentic.
Additional State October 1, 2012 schedule has export of cocoa calculated for the purposes of art. 57 (entry into force) country b 2005/06 2006/07 2007/08 average over three years 2005/06-2007/08 (tons) (share) Côte d'Ivoire m 1 349 639 1 200 154 1 191 377 1 247 057 38,75% Ghana m 648 687 702 784 673 403 674 958 20.98% Indonesia 592 960 520 479 465 863 526 434 16.36% Nigeria m 207 215 207 075 232 715 215 668 6,70% Cameroon m 169 214 162 770 178 844 170 276 5.29%
Ecuador m 108 678 110 308 115 264 111 417 3.46% Togo m 73 064 77 764 110 952 87 260 2.71% Papua New Guinea m 50 840 47 285 51 588 49 904 1.55 m Dominican Republic 31 629 42 999 34 106 36 245 1.13% Guinea 18 880 17 620 17 070 17 857 0.55% Peru 15 414 11 931 11 178 12 841 0.40% Brazil m 57 518 10 558-32 512 11 855 0.37% of the Venezuela Bolivarian Republic
m 11 488 12 540 4 688 9 572 0.30% Sierra Leone 4 736 8 910 14 838 9 495 0.30% Uganda 8 270 8 880 8 450 8 533 0.27% the United Republic of Tanzania 6 930 4 370 3 210 4 837 0.15% Solomon Islands 4 378 4 075 4 426 4 293 0.13% Haiti 3 460 3 900 4 660 4 007 0.12% Madagascar 2 960 3 593 3 609 3 387 0.11% Sao Tome and Principe 2 250 2 650
1 500 2 133 0.07 per cent Liberian 650 1 640 3 930 2 073 0.06% Equatorial Guinea 1 870 2 260 1 990 2 040 0.06% Vanuatu 1 790 1 450 1 260 1 500 0.05% Nicaragua 892 750 1 128 923 0.03% Democratic Republic of the Congo 900 870 930 900 0.03% Honduras 1 230 806-100 645 0.02% Congo 90 300 1 597 400 0.02% Panama 391 280 193 288 0.01% Viet Nam 240 70 460 257 0.01% Granada 80
218 343 214 0.01% Gabon 99 160 160 140 - Trinidad and Tobago m m 193 195 - 15 124 − Belize 60 30 20 37 − Dominique 60 20 0 27 Fiji 20 10 10 13 Total − − c 3 376 836 3 169 643 3 106 938 3 217 806 100.00% Source: International Organization of cocoa, quarterly Bulletin of cocoa statistics , vol. XXXV, no. 3, year 2008/09 cocoa.
: Notes average over three years, 2005/06-2007/08 of net exports of cocoa beans more net exports of products derived from cocoa converted to beans equivalent using the following conversion factors: cocoa butter 1.33; powder and cocoa cake 1.18; 1 cocoa paste/liquor, 25.b list restricted to countries which individually exported cocoa in the period 2005/06-2007/08, according to the information available to the Secretariat of the ICCO.c numbers being rounded, their total is not always the exact sum of its elements.m member of the international agreement of 2001 on cocoa, 9 November 2009.− amount zero negligible or less than the unit used.
Status as of October 1, 2012 Appendix B imports of cocoa calculated for the purposes of art. 57 (entry into force) country b 2005/06 2006/07 2007/08 average over three years 2005/06-2007/08 (tons) (share) European Union: m 2 484 235 2 698 016 2 686 041 2 622 764 53,24% Germany 487 696 558 357 548 279 531 444 10,79% Austria 20 119 26 576 24 609 23 768 0.48% Belgium/Luxembourg 199 058 224 761 218 852 214 224 4.35% Bulgaria 12 770 14 968 12 474 13 404 0.27% Cyprus 282
257 277 272 0.01% Denmark 15 232 15 493 17 033 15 919 0.32% Spain 150 239 153 367 172 619 158 742 3.22% Estonia 37 141 14 986-1 880 16 749 0.34% 10 954 10 609 11 311 10 958 0.22% France Finland Greece 388 153 421 822 379 239 396 405 8.05%
16 451 17 012 17 014 16 826 0.34% Hungary 10 564 10 814 10 496 10 625 0.22% Ireland 22 172 19 383 17 218 19 591 0.40% Italy 126 949 142 128 156 277 141 785 2.88% Latvia 2 286 2 540 2 434 2 420 0.05% Lithuania 5 396 4 326 4 522 4 748 0.10% Malta − 34 46 81 54 Netherlands 581 459 653 451 681 693 638 868 12.97% Poland 103 382 108 275
113 175 108 277 2.20% Portugal 3 643 4 179 3 926 3 916 0.08% Slovak Republic 15 282 16 200 13 592 15 025 0.30% Czech Republic 12 762 14 880 16 907 14 850 0.30% Romania 11 791 13 337 12 494 12 541 0.25% United Kingdom 232 857 234 379 236 635 234 624 4.76% Slovenia 1 802 2 353 2 185 2 113 0.04% Sweden 15 761 13 517 14 579 14 619 0.30% United States 822 314
686 939 648 711 719 321 14.60% Malaysia c m 290 623 327 825 341 462 319 970 6.49% Federation of Russia m 163 637 176 700 197 720 179 352 3.64% Canada 159 783 135 164 136 967 143 971 2.92% Japan 112 823 145 512 88 403 115 579 2.35 Singapore 88 536 110 130 113 145 103 937 2,11% China 77 942 72 532 101 671 84 048 1.71% Switzerland 74 272 81 135 90 411 m
81 939 1.66% Turkey 73 112 84 262 87 921 81 765 1.66% Ukraine 63 408 74 344 86 741 74 831 1.52% Australia 52 950 55 133 52 202 53 428 1.08% Argentina 33 793 38 793 39 531 37 372 0.76% Thailand 26 737 31 246 29 432 29 138 0.59% Philippines 18 549 21 260 21 906 20 572 0.42% Mexico c 19 229 15 434 25 049 19 904 0.40% Republic of Korea 17-079-24 454 15 972 19 168 0.39% Africa of the South 15 056 17 605 16 651 16 437 0.33% Iran (Islamic Republic of) 10 666 14 920 22 056 15 881 0.32% Colombia c 16 828 19 306 9 806 15 313 0.31% Chile 13 518 15 287 15 338 14 714 0.30% India 9 410 10 632 17 475 12 506 0.25% Israel 11 437 11 908 13 721 12 355 0.25% New Zealand 11 372 12 388 11 821 11 860 0.24% Serbia 10 864 11 640 12 505 11 670 0.24% Norway 10 694 11 512 12 238 11 481 0.23% Egypt 6 026 10 085 14 036 10 049 0.20% Algeria 9 062 7 475 12 631 9 723 0.20% Croatia 8 846 8 904 8 974 8 908 0.18% the Syrian Arab Republic 7 334 7 229 8 056 7 540 0.15% Tunisia 6 019 7 596 8 167 7 261 0.15% Kazakhstan 6 653 7 848 7 154 7 218 0.15% Saudi Arabia 6 680 6 259 6 772 6 570 0.13% Belarus 8 343 3 867 5 961 6 057 0.12% Morocco 4 407 4 699 5 071 4 726 0.10% Pakistan 2 123 2 974 2 501 2 533 0.05% Costa Rica 1 965 3 948 1 644 2 519 0.05% Uruguay 2 367 2 206 2 737 2 437 0.05% Lebanon 2 059 2 905 2 028 2 331 0.05% Guatemala 1 251 2 207 1 995 1 818 0.04% Bolivia c / 1 282 1 624 1 927 1 611 0.03% Sri Lanka 1 472 1 648 1 706 1 609 0.03% El El Salvador 1 248 1 357 1 422 1 342 0.03% Azerbaijan 569 2 068 1 376 1 338 0.03% Jordan 1 263 1 203 1 339 1 268 0.03% Kenya 1 073 1 254 1 385 1 237 0.03% Uzbekistan 684 1 228 1 605 1 172 0.02% Hong Kong (China)
2 018 870 613 1 167 0.02% Republic of Moldova 700 1 043 1 298 1 014 0.02% Iceland 863 1 045 1 061 990 0.02% former Yugoslav Republic of Macedonia 628 961 1 065 885 0.02% Bosnia and Herzegovina 841 832 947 873 0.02% Cuba c 2 162 170 107 700 0.01% Kuwait 427 684 631 581 0.01% South Africa 248 685 767 567 0.01% Libyan Arab Jamahiriya 224 814 248 429 0.01% Paraguay 128 214 248 197 − Albania 170 217 196
194 − Jamaica c 479-67 89 167 − Oman 176 118 118 137 − Zambia 95 60 118 91 − Zimbabwe 111 86 62 86 − St. Lucia c 26 20 25 24. Samoa 48 15 0 21. Saint - Vincent and the Grenadines 6 0 0 2 Total − d 4 778 943 5 000 088 5 000 976 4 926 669 100.00% Source : International Organization of cocoa, quarterly Bulletin of cocoa statistics, vol. XXXV, no. 3, year 2008/09 cocoa.
Notes: has average over three years, 2005/06-2007/08, net imports of cocoa beans plus gross imports of cocoa products converted to beans equivalent using the following conversion factors: cocoa butter 1.33; powder and cocoa cake 1.18; 1 cocoa paste/liquor, 25.b list restricted to countries which individually imported cocoa in the period 2005/06-2007/08, according to the information available to the Secretariat of the ICCO.c countries which can also be regarded as country exportateur.d numbers being rounded, their total is not always the exact sum of its elements.m member of the international of 2001 on the cocoa agreement , 9 November 2009.− quantity nil, negligible or less than the unit used.
Status as of October 1, 2012 Appendix C producing countries exporting exclusively or partially fine cocoa ('fine' or 'flavour') Colombia Costa Rica Papua New Guinea Peru Dominican Republic Dominica Madagascar Saint Lucia Ecuador Sao Tome and Principe Grenada Trinidad and Tobago Indonesia Bolivarian Republic of Venezuela Jamaica State October 1, 2012 scope of the agreement on October 23, 2012 at a meeting convened on 19 September 2012 in London by the international Cocoa Council , following the States, and the European Union have decided, in accordance with the by. 3 of art. 57, to put the agreement into force provisionally among themselves and in full, as of October 1, 2012: exporting members: importing members: side of ivory Union European Democratic Republic of the Congo Switzerland Dominican Republic Gabon Guinea Togo RO 2012 5859; FF 2011 1315 RO 2012 5857 scope detailed will be published at the time of entry into force to the final title of the agreement.
Status as of October 1, 2012