ANNEX A

ECONOMIC AND CONTROL RULES OF THE INTERNATIONAL COCOA AGREEMENT 1980

Note by the Secretariat

With a view to facilitating the application of the rules and for ease of reference, the relevant definitions in Article 2 of the Agreement are reproduced below, modified as appropriate. Some clarification is also provided regarding the operation of Rules 8 and 11. 1. Cocoa means cocoa beans and cocoa products.

2. Cocoa products means products made exclusively from cocoa beans, such as cocoa paste, cocoa butter, unsweetened cocoa powder, cocoa cake and cocoa nibs as well as such other products containing cocoa as the Council may determine if necessary. The factors for conversion into beans equivalent are : cocoa butter 1 733, cocoa cake/powder 1 718, cocoa paste/nibs 1 725. Shells, husks, etc. are not cocoa products.

3. Tonne means the metric ton of 1 000 kilograms or 2 204 76 pounds ; and pound means 453 7597 grams.

4. Cocoa year means the period of 12 months from 1 October to 30 September inclusive.

5. Export of cocoa means any cocoa which leaves the customs territory of any country ; import of cocoa means any cocoa which enters the customs territory of any country ; re-export of cocoa means the export in the form of beans or products, by any country, of any cocoa which was previously imported by that country. 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 territories of that Member.

6. 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.

7. Importing country or importing Member means a country or a Member, respectively, whose imports of cocoa expressed in terms of beans exceed its exports.

8. Producing country or producing Member means a country or Member, respectively, which grows cocoa in commercially significant quantities,

9. 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 the number of votes thus expressed represents at least half the present and voting Members.

10. Samples and parcels of cocoa not intended for sale up to a maximum net weight of 25 kilograms do not require the issue of an ICC certificate (Rule 8, subparagraph (i)). Samples and parcels of cocoa in excess of 25 kilograms not intended for sale and cocoa sold must be covered by an ICC certificate, which, in the case of an ICC-1 or ICC-4 certificate, must be validated by affixing cocoa export stamps if the net weight in beans equivalent is 50 kilograms or more (Rule 11, paragraph (h)).

11. Importing Members may export, without an ICC-2 certificate, unlimited quantities of unsweetened cocoa powder provided that each retail pack weighs less than 3 75 kilograms net and that such exports are reported quarterly to the Executive Director (Rule 8, subparagraph iii)).

ECONOMIC AND CONTROL RULES OF THE INTERNATIONAL COCOA AGREEMENT 1980

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