Considerations on COM(2021)119 - Authorisation of the opening of negotiations to amend the International Cocoa Agreement 2010

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(1) The Union is a Party to the International Cocoa Agreement 2010 (“ICA”) 3 and a member of the International Cocoa Organisation (“ICCO”) 4 .

(2) Pursuant to Article 7 of the ICA, the International Cocoa Council (“ICC”) performs or arranges for the performance of all such functions as are necessary to carry out the provisions of the ICA. Pursuant to Article 12 of the ICA, all decisions of the ICC are taken in principle by consensus. In the absence of consensus, decisions are made by a special vote.

(3) Pursuant to Article 10 of the ICA, members of the ICCO hold 2000 votes in total in the ICC. Each member holds a specified number of votes which is adjusted annually in accordance with the criteria set out in Article 10 of the ICA.

(4) It is in the Union's interests to participate in an international agreement on cocoa, considering the importance of that sector for a number of Member States and for the economy of the European cocoa sector.

(5) A technical working group composed of ICCO Member States from both producing and exporting countries engaged in substantial work in order to present concrete proposals for the amendment of the ICA. All Members were invited to submit any suggestions to initiate this technical analysis. The EU did its part of this technical work. The ICC needs to open negotiations for a partial review of the ICA well before the deadline of the validity of the ICA, under the guidance of the United Nations Conference on Trade and Development (UNCTAD). Any areas of the ICA to be reviewed need to be the subject of formal negotiations. These negotiations are to be concluded no later than 30 September 2022, the end of the validity of the current ICA.

(6) Any amendments agreed in these negotiations should be adopted in accordance with the procedure set out in Article 63 of the ICA. Pursuant to that Article, the ICC may, by consensus or if not by special vote, recommend an amendment of the ICA to the Contracting Parties of the ICA. The amendment becomes effective in accordance with Article 63(1) ICA, which requires the notification of acceptance from a certain percentage of Parties. As a member of the ICCO and Contracting Party to ICA, in accordance with Article 4 of the ICA, the Union should be able to participate in negotiations with a view to amending the institutional framework of the ICA.

(7) It is therefore appropriate that the Commission be authorised to engage in negotiations for the partial review.