Council Regulation (EEC) No 2762/76 of 19 October 1976 on the implementation of the economic and control rules of the International Cocoa Agreement 1975

• Published date: 20 November 1976
• Subject Matter: Harmonisation of customs law: various,Commercial policy
• Official Gazette Publication: Official Journal of the European Communities, L 321, 20 November 1976

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31976R2762

Council Regulation (EEC) No 2762/76 of 19 October 1976 on the implementation of the economic and control rules of the International Cocoa Agreement 1975

Official Journal L 321 , 20/11/1976 P. 0001 - 0028
Greek special edition: Chapter 02 Volume 2 P. 0200

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COUNCIL REGULATION ( EEC ) N 2762/76

OF 19 OCTOBER 1976

ON THE IMPLEMENTATION OF THE ECONOMIC AND CONTROL RULES OF THE INTERNATIONAL COCOA AGREEMENT 1975

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS BY VIRTUE OF THE COUNCIL DECISION OF 28 SEPTEMBER 1976 THE COMMUNITY IS TO APPLY PROVISIONALLY THE INTERNATIONAL COCOA AGREEMENT 1975 , WITH EFFECT FROM 1 OCTOBER 1976 , THE DATE ON WHICH THAT AGREEMENT PROVISIONALLY ENTERED INTO FORCE ;

WHEREAS ON 26 JULY 1976 THE INTERNATIONAL COCOA COUNCIL ADOPTED THE ECONOMIC AND CONTROL RULES OF THAT AGREEMENT ;

WHEREAS , IN ACCORDANCE WITH ARTICLE 12 ( 4 ) OF THE INTERNATIONAL COCOA AGREEMENT 1975 , APPROPRIATE MEASURES MUST BE TAKEN TO IMPLEMENT THOSE RULES WITHIN THE COMMUNITY ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FOR THE PURPOSES OF IMPLEMENTING THE INTERNATIONAL COCOA AGREEMENT 1975 , THE ECONOMIC AND CONTROL RULES OF THAT AGREEMENT ADOPTED BY THE INTERNATIONAL COCOA COUNCIL ON 26 JULY 1976 AND SET OUT IN THE ANNEX TO THIS REGULATION SHALL BE APPLIED IN ACCORDANCE WITH THE FOLLOWING ARTICLES .

ARTICLE 2

1 . IMPORTATION INTO THE COMMUNITY OF PRODUCTS FALING WITHIN HEADINGS N 18.01 , N 18.03 , N 18.04 AND N 18.05 OF THE COMMON CUSTOMS TARIFF SHALL BE SUBJECT TO PRODUCTION AT THE CUSTOMS OFFICE WHERE THE IMPORT FORMALITIES ARE COMPLETED OF THE CERTIFICATE PRESCRIBED FOR THIS PURPOSE BY THE RULES REFERRED TO IN ARTICLE 1 .

2 . PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL BE REGARDED AS IMPORTED INTO THE COMMUNITY WITHIN THE MEANING OF PARAGRAPH 1 WHEN THEY ARE :

( A ) ENTERED FOR FREE CIRCULATION ;

( B ) ENTERED FOR INWARD PROCESSING .

ARTICLE 3

1 . EXPORTATION FROM THE COMMUNITY OF PRODUCTS FALLING WITHIN HEADINGS N 18.01 , N 18.03 , N 18.04 AND N 18.05 OF THE COMMON CUSTOMS TARIFF SHALL BE SUBJECT TO PRODUCTION AT THE CUSTOMS OFFICE WHERE THE EXPORT FORMALITIES ARE COMPLETED OF THE CERTIFICATE PRESCRIBED FOR THIS PURPOSE BY THE RULES REFERRED TO IN ARTICLE 1 .

2 . PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL BE REGARDED AS EXPORTED FROM THE COMMUNITY WITHIN THE MEANING OF PARAGRAPH 1 WHEN THEY ARE EXPORTED FROM THE CUSTOMS TERRITORY OF THE COMMUNITY EITHER IN THE SAME STATE AS AT IMPORTATION OR IN THE FORM OF OTHER PRODUCTS FALLING WITHIN THE TARIFF HEADINGS REFERRED TO IN THE SAID PARAGRAPH .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 19 OCTOBER 1976 .

FOR THE COUNCIL

THE PRESIDENT

M . VAN DER STOEL

ANNEX

ECONOMIC AND CONTROL RULES OF THE INTERNATIONAL COCOA AGREEMENT 1975

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 , TOGETHER WITH ADDITIONAL INFORMATION REGARDING CERTAIN RULES :

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 * 33 , COCOA CAKE / POWDER 1 * 18 , COCOA PASTE / NIBS 1 * 25 ;

3 . TONNE MEANS THE METRIC TON OF 1 000 KILOGRAMMES OR 2 204 * 6 POUNDS ; AND POUND MEANS 453 * 597 GRAMMES ;

4 . QUOTA YEAR MEANS THE PERIOD OF 12 MONTHS FROM 1 OCTOBER TO 30 SEPTEMBER INCLUSIVE ;

5 . ANNUAL EXPORT QUOTA MEANS THE QUOTA OF EACH EXPORTING MEMBER AS DETERMINED ANNUALLY BY THE COUNCIL ;

6 . EXPORT QUOTA IN EFFECT MEANS THE QUOTA OF EACH EXPORTING MEMBER , AT ANY GIVEN TIME , AS DETERMINED BY THE COUNCIL OR AS ADJUSTED ;

7 . 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 ;

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 ;

9 . IMPORTING COUNTRY OR IMPORTING MEMBER MEANS A COUNTRY OR A MEMBER RESPECTIVELY WHOSE IMPORTS OF COCOA EXPRESSED IN TERMS OF BEANS EXCEED ITS EXPORTS ;

10 . PRODUCING COUNTRY OR PRODUCING MEMBER MEANS A COUNTRY OR MEMBER RESPECTIVELY WHICH GROWS COCOA IN COMMERCIALLY SIGNIFICANT QUANTITIES ;

11 . SPECIAL VOTE MEANS TWO-THIRD 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 VOTING MEMBERS .

SAMPLES AND PARCELS OF COCOA NOT INTENDED FOR SALE UP TO A MAXIMUM NET WEIGHT OF 25 KG DO NOT REQUIRE THE ISSUE OF AN ICC CERTIFICATE ( RULE 8 , SUBPARAGRAPH ( I ) ) . SAMPLES AND PARCELS OF COCOA IN EXCESS OF 25 KG NET 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 KG OR MORE ( RULE 16 , PARAGRAPH ( I ) ) .

IMPORTING MEMBERS MAY EXPORT , WITHOUT AN ICC-2 CERTIFICATE , UNLIMITED QUANTITIES OF UNSWEETENED COCOA POWDER PROVIDED THAT EACH RETAIL PACK WEIGHS LESS THAN 3 * 5 KG AND THAT SUCH EXPORTS ARE REPORTED QUARTERLY TO THE EXECUTIVE DIRECTOR ( RULE 8 , SUBPARAGRAPH ( III ) ) .

COCOA STAMPS

ALL COCOA STAMPS WILL BEAR THE QUOTA YEAR CODE . COCOA EXPORT STAMPS FOR VALIDATING ICC-1 CERTIFICATES ISSUED BY PRODUCING MEMBERS WILL BEAR THE COUNTRY CODE ; THOSE FOR USE BY MEMBERS LISTED IN ANNEXES C ( 1 ) AND C ( 2 ) OF THE AGREEMENT WILL BEAR THE ADDITIONAL CODES " C1 " AND " C2 " RESPECTIVELY ; STAMPS FOR SPLITTING OF CONSIGNMENTS WILL BEAR THE CODE " SC " ; STAMPS FOR VALIDATING CERTIFICATES ( FORM ICC-4 ) FOR IMPORTS FROM NON-MEMBERS WILL BEAR ONLY THE QUOTA YEAR CODE .

PRINTING OF ICC CERTIFICATE FORMS

EACH MEMBER WILL BE RESPONSIBLE FOR PRINTING ITS OWN SUPPLY OF THE REQUIRED ICC CERTIFICATE FORMS . THE EXECUTIVE DIRECTOR WILL PRINT CERTIFICATE FORM ICC-5 WHICH WILL BE USED ONLY BY HIM . ANY CHANGES INCORPORATED IN THE ICC CERTIFICATE FORMS SHOULD BE MADE WHEN REPRINTING . HOWEVER , OLD STOCKS OF FORMS IN THE POSSESSION OF MEMBERS MAY BE USED UNTIL THOSE STOCKS ARE EXHAUSTED .

ECONOMIC AND CONTROL RULES OF THE INTERNATIONAL COCOA AGREEMENT 1975

RULE 1

DAILY AND INDICATOR PRICES

( A ) WHEN QUOTATIONS IN ONE OF THE TWO COCOA MARKETS REFERRED TO IN ARTICLE 28 ( 2 ) ARE NOT AVAILABLE ON A PARTICULAR MARKET DAY OR DAYS , THE PRICES TO BE USED FOR THE PURPOSES OF THAT ARTICLE IN RESPECT OF THE RELEVANT MARKET SHALL BE THE ARITHMETIC AVERAGE OF THE QUOTATIONS FOR THE DAY PRECEDING AND THE DAY FOLLOWING THAT OR THOSE ON WHICH THE QUOTATIONS WERE NOT AVAILABLE ON THAT MARKET .

( B ) WHEN THE SIX MONTHS FORWARD RATE OF EXCHANGE REFERRED TO IN ARTICLE 28 ( 2 ) IS NOT AVAILABLE ON A PARTICULAR MARKET DAY OR DAYS , THE EXCHANGE RATE TO BE USED FOR CONVERTING LONDON PRICES TO US CENTS PER POUND ( LB ) SHALL BE THE ARITHMETIC AVERAGE OF THE SIX MONTHS FORWARD RATE OF EXCHANGE FOR THE DAY PRECEDING AND THE DAY FOLLOWING THAT OR THOSE ON WHICH THAT RATE WAS NOT AVAILABLE .

( C ) THE INDICATOR PRICE ON ANY MARKET DAY SHALL BE CALCULATED AS THE AVERAGE OF THE DAILY PRICES OF THE PRECEDING 15 CONSECUTIVE MARKET DAYS , OR OF THE PRECEDING 22 CONSECUTIVE MARKET DAYS , AS THE CASE MAY BE .

( D ) THE EXECUTIVE DIRECTOR SHALL PUBLISH THE DAILY AND INDICATOR PRICES AT THE END OF EACH WEEK .

RULE 2

EXPORTS NOT SUBJECT TO QUOTA

THE EVIDENCE REQUIRED BY THE COUNCIL FOR THE PURPOSES OF ARTICLE 31 CONCERNING THE EXPECTED VOLUME OF EXPORTS NOT SUBJECT TO QUOTAS SHALL BE PROVIDED BY THE MEMBER CONCERNED BEFORE THE SESSION OF THE COUNCIL AT WHICH QUOTAS ARE DETERMINED . THE EVIDENCE SHALL CONSIST OF AN ESTIMATE OF THE EXPECTED PRODUCTION AND DOMESTIC CONSUMPTION TOGETHER WITH STATISTICS OF ACTUAL PRODUCTION , DOMESTIC CONSUMPTION AND EXPORTS OF THE LAST THREE YEARS FOR WHICH FIGURES ARE AVAILABLE .

RULE 3

SCOPE OF EXPORT QUOTAS

FOR PURPOSES OF ARTICLE 32 ( 1 ) ( B ) , EACH EXPORTING MEMBER LISTED IN ANNEX A OF THE AGREEMENT AS WELL AS EACH EXPORTING MEMBER LISTED IN PARAGRAPH 2 OF ANNEX C TO THE AGREEMENT WHOSE ANNUAL PRODUCTION OF COCOA OTHER THAN FINE OR FLAVOUR COCOA IS NOT LESS THAN 10 000 TONNES SHALL REPORT TO THE EXECUTIVE DIRECTOR BEFORE 15 OCTOBER OF EACH QUOTA YEAR THE FOLLOWING PARTICULARS OF THE COCOA OF THE PREVIOUS QUOTA YEAR WHICH IT EXPECTS TO EXPORT WITHIN ITS EXPORT QUOTA IN EFFECT FOR THAT PREVIOUS QUOTA YEAR : TONNAGES , FORMS OF COCOA , EXPECTED TIMES OF SHIPMENT AND , IF KNOWN , DESTINATIONS .

RULE 4

ADJUSTMENTS OF ANNUAL EXPORT QUOTAS

( A ) THE EXECUTIVE DIRECTOR SHALL NOTIFY MEMBERS ( THOSE LISTED IN ANNEX A OF THE AGREEMENT AND IN PARAGRAPH 2 OF ANNEX C TO THE AGREEMENT WHERE THE ANNUAL PRODUCTION OF SUCH MEMBERS OTHER THAN FINE OR FLAVOUR COCOA IS NOT LESS THAN 10 000 TONNES IF AND WHEN THE EXPORT QUOTAS FOR THE SAID MEMBERS ARE INTRODUCED OR THEIR EXPORT QUOTAS IN EFFECT ARE ADJUSTED ( UPWARDS OR DOWNWARDS )...