21 SEPTEMBER 2001. - An Act to Accredit the 1999 Food Aid Convention and the Annexes, made in London on April 13, 1999 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The 1999 Food Aid Convention and the Annexes, made in London on 13 April 1999, will come out of their full effect.
Art. 3. This Act will produce its effects on 1^er July 1999.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 September 2001.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Budget,
J. VANDE LANOTTE
The Secretary of State for Development Cooperation,
E. BOUTMANS
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Notes
(1) Session 2000-2001.
Senate
Documents. - Bill tabled on 14 March 2001, No. 2-685/1. - Report No. 2-685/2. - Text adopted by the Commission.
Annales parliamentarians. - Discussion and vote. Session of May 3, 2001.
(2) Session 2000-2001.
Room
Documents. - Project transmitted by the Senate, No. 50-1236/1. - Report No. 50-1236/2. - Text adopted in plenary and subject to Royal Assent, No. 50-1236/3.
Annales parliamentarians. - Discussion and vote. Session of June 14, 2001.
1999 ALIMENTARY CONVENTION
PREAMBULE
The Parties to this Convention,
Having reviewed the 1995 Convention on Food Aid and its objective of providing at least 10 million tons of food aid annually in the form of cereals specific to human consumption and wishing to reiterate their willingness to maintain the international cooperation effort on food aid among them;
Recalling the Declaration on World Food Security and the Plan of Action of the World Food Summit adopted in Rome in 1996, including the commitment to ensure food security for all and to maintain a permanent effort to eradicate hunger;
Wishing to strengthen the international community's capacity to respond to food emergencies and to improve global food security through the provision of food aid, regardless of global food prices and supply fluctuations;
Recalling that, in their 1994 Marrakesh decision on measures relating to the least developed countries and net food-importing developing countries, the Ministers of WTO member countries agreed to review the level of food aid established by the Convention on Food Aid and in accordance with the recommendations subsequently prepared at the Singapore Ministerial Conference in 1996;
Recognizing that recipient countries and members have their own food aid policies and related issues and that the ultimate goal of food aid is to eliminate the need for food aid itself;
Wishing to improve the effectiveness and quality of food aid as an instrument in support of food security in developing countries, in particular to reduce poverty and hunger among the most vulnerable groups, and to strengthen the coordination and cooperation of members in the field of food aid,
AGAINST the following:
PART I. - OBJECTIVES AND DEFINITIONS
ARTICLE I^er
Objectives
The purpose of this Convention is to contribute to global food security and to enhance the international community's capacity to respond to food emergencies and other food needs in developing countries:
(a) ensuring the availability of adequate levels of food aid on a predictable basis, in accordance with the provisions of this Convention;
(b) encouraging members to ensure that the food aid provided is particularly aimed at reducing poverty and hunger for the most vulnerable groups and is compatible with the agricultural development of those countries;
(c) including principles to maximize the impact, effectiveness and quality of food aid provided in support of food security; and
(d) providing a framework for the cooperation, coordination and exchange of ions between members on food aid-related ions, in order to improve the effectiveness of all aspects of food aid operations and greater compatibility between food aid and other policy instruments.
ARTICLE II
Definitions
(a) Under this Convention, unless the context otherwise requires:
(i) "c.a.f." means cost, insurance and freight;
(ii) the term "engagement" means the minimum amount of food aid to be provided annually by a member under Article III, e);
(iii) the "Committee" means the Food Aid Committee referred to in Article XV;
(iv) the term "contribution" means the amount of food aid provided and notified to the Committee annually by a member in accordance with the provisions of this Convention;
(v) the term "Convention" refers to the 1999 Food Aid Convention;
(vi) "CAD" means the OECD Development Assistance Committee;
(vii) the term "developed countries" means any eligible country or territory to receive food aid under Article VII;
(viii) the term "eligible product" means a product referred to in Article IV, which may be provided as food aid by a member as its contribution under this Convention;
(ix) "Executive Director" means the Executive Director of the International Cereal Council;
(x) the acronym "f.o.b." means Franco on board;
(xi) the terms "food products" or "food aid" include, where applicable, seeds of food crops;
(xii) the term "member" means a party to this Convention;
(xiii) the term "micronutrients" means vitamins and minerals used to fortify or supplement food aid products that may, under paragraph (c) of Article IV, be considered as a member's contribution;
(xiv) "OECD" means the Organisation for Economic Cooperation and Development;
xv) "first-process products" include:
- cereal flours;
- the gruaux and the semoules;
- beads, beaded, crushed, aplatis (including flakes) with the exception of peeled, icy, polished or cracked rice;
- cereal germs, even in flour;
- the bulgur; and
- any other similar product that the Committee may decide;
xvi) "second processing products" include:
- macaroni, spaghetti and similar products; and
- any other product, whose manufacture requires the use of a first-process product, which the Committee may decide;
(xvii) the "riz" includes peeled, iced, polished or cracked rice;
(xviii) "Secretariat" means the secretariat of the International Council of Cereals;
(xix) the term "tonne" means a metric ton of 1,000 kilograms;
xx) the "transport costs and other operational costs" listed in the Appendix A means a cost associated with a food aid operation and incurred beyond the f.o.b position or, in the case of local purchases, beyond the place of purchase, likely to be taken into account in whole or in part in the contribution of a member;
xxi) the term "value" means the engagement of a member in a convertible currency;
(xxii) the term "wheat equivalent" means the amount of a member's commitment or contribution, as assessed under Article V;
(xxiii) the acronym "WTO" means the World Trade Organization;
xxiv) the term "year" means, unless otherwise specified, the period of 1^er July to 30 June.
(b) Any mention in this Convention of a "government" or "government" or a "member" is also deemed to be valid for the European Community (hereinafter referred to as the EC). Accordingly, any mention, in this Convention, of the "signature" or of the "depository of instruments of ratification, acceptance or approval" or of a "accession instrument" or a "declaration of provisional application" by a government is deemed, in the case of the EC, also for the signature or declaration of provisional application on behalf of the institutional instrument required by its competent authority, as well as
(c) Any mention in this Convention of a "government", "government" or "member" shall be considered, as appropriate, to include any customs territory restricted under the General Agreement on Tariffs and Trade or the Agreement establishing the World Trade Organization.
Part two. - CONTRIBUTIONS AND ASSESSMENTS
ARTICLE III
Quantity and quality
(a) Members agreed to provide developing countries with food aid or cash equivalent to the minimum annual amount specified in paragraph (e) below (hereinafter referred to as "the undertaking").
(b) The commitment of each member is expressed either in tonnes of wheat or value, or a combination of tonnage and value. Members who express their commitment to value are also required to specify a guaranteed annual tonnage.
(c) In the case of members expressing their commitment in value or in a combination of tonnage and value, the value may include transportation costs and other operational costs associated with food aid operations.
(d) Whether their commitment is expressed in tonnage, value or a combination of tonnage and value, members may also include an indicative value that represents its total estimated cost, including transportation costs and other operational costs associated with food aid operations.
(e) Subject to the provisions of Article VI, the engagement of each member shall be as follows:
For the consultation of the table, see image
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Notea's
⁽¹⁾ Members must notify their food aid operations in accordance with the relevant rules of procedure.
⁽²⁾ Including transportation costs and other operational costs.
(f) Transport costs and other operational costs, when taken into account in a member's engagement, must be incurred as part of a food aid operation itself authorized to be taken into account in a member's engagement.
(g) With respect to transportation costs and other operational costs, a member may not charge more than the cost of purchasing eligible products in respect of its commitment, except in the case of internationally recognized emergency situations.
(h) Any member who has acceded to this Convention under paragraph (b) of Article XXIII shall be deemed to be included in paragraph (e) of this Article, with its commitment.
(i) The engagement of a new member referred to in paragraph (h) of this article will not be less than 20,000 tonnes or at an appropriate value approved by the Committee. This undertaking is in principle applicable in full in the first year in which the country is deemed to accede to the Convention in the eyes of the Committee. However, in order to facilitate the accession of governments other than those mentioned in paragraph (e) of this article, the Committee may accept that the engagement of a new member is gradually introduced in a period not exceeding three years, provided that the undertaking is at least 10,000 tonnes or an appropriate value in the first year of membership and increases by at least 5,000 tonnes per year or an appropriate value in each subsequent year.
(j) All products provided as food aid must meet international standards of quality, be consistent with diets and nutritional needs of beneficiaries and, with the exception of seeds, be specific to human consumption.
ARTICLE IV
Outputs
(a) The following products are eligible for food assistance under this Convention, subject to the relevant rules under the Rules of Procedure:
(i) cereals (wheat, barley, corn, millet, oat, rye, sorghum or triticale) or rice;
(ii) cereals or raw or second-process rice products;
(iii) legumes;
(iv) edible oil;
(v) edible tubers (manioc, round potatoes, sweet potatoes, yams, taro), when they are provided in triangular transactions or local purchases;
(vi) skim milk powder;
(vii) sugar;
(viii) seed of eligible products; and
(ix) within the limits of paragraph (b) below, products that fall within the traditional diet of vulnerable groups or enter nutritional supplement programmes and meet the requirements of article III, paragraph (j), of this Convention.
(b) The amount of food aid provided by a member to honour his or her commitment in any year in the form of:
(i) all products referred to in paragraph (a) (vi) to (viii) of this article shall not cumulatively exceed 15 per cent and no category of products individually taken shall exceed 7 per cent of its commitment, not including transportation costs and other operational costs;
(ii) all products referred to in paragraph (a) (ix) of this article shall not cumulatively exceed 5 per cent and none of these products individually taken shall exceed 3 per cent of its commitment, not including transportation costs and other operational costs;
(iii) in the case of commitments expressed both in tonnage and in value, the percentages specified in subparagraphs (i) and (ii) above shall be calculated separately in terms of tonnage on the one hand and value on the other, not including transportation costs and other operational costs.
(c) As part of their commitment, members can provide micronutrients in combination with eligible products. They are encouraged to provide, where appropriate, fortified food aid products, including in emergencies and targeted development projects.
ARTICLE V
Equivalence
(a) Contributions are recorded in terms of their wheat equivalent as follows:
(i) cereals specific to human consumption equivalent to wheat;
(ii) rice contributions are determined according to the relationship between the international rice export price and wheat, in accordance with the rules established in the rules of procedure;
(iii) the equivalence of raw or second grain or rice processing products shall be determined according to their respective grain or rice content, in accordance with the rules established in the rules of procedure;
(iv) the equivalence of legumes, seeds of cereals, rice or other food crops and all other eligible products is based on their purchase costs in accordance with the rules established in the rules of procedure.
(b) In the case of contributions in the form of product mixtures, only the proportion of the mixture made of eligible products is taken into account in a member's contribution.
(c) The Committee will establish rules of procedure for determining the wheat equivalent of fortified products and micronutrients.
(d) Cash contributions for the purchase of eligible products provided as food aid are assessed in accordance with the wheat equivalent of these products or the wheat prices in the international market, in accordance with the methods prescribed in the rules of procedure.
ARTICLE VI
Delay or credit
(a) Each member shall ensure that the transactions to be relied on for a given year are, to the extent possible, carried out within the specified year
(b) If a member is unable to provide the amount stipulated in paragraph (e) of Article III in a given year, the member shall notify the Committee as soon as possible and, in any case, at the latest at the first session following the end of the year in question. Unless the Committee decides otherwise, the unsatisfied amount is added to the member's commitment for the following year.
(c) If a member exceeds his or her obligations for any year, up to 5% of the total of his or her commitment or the amount of the surplus, the lesser of the two may be claimed on the member's commitment for the next year.
ARTICLE VII
Recipient countries
(a) Under this Convention, food aid may be provided to developing countries and territories listed in Annex B:
(i) Least developed countries;
(ii) other low-income countries;
(iii) middle-income countries in the lower and other countries listed in the WTO list of net food-importing developing countries at the time of the negotiation of this Convention, when they are experiencing internationally recognized food emergencies or financial crises that induce food emergencies or where food aid operations target vulnerable groups.
(b) For the purposes of paragraph (a) above, any amendment to the DAC list of developing countries and territories contained in Annex B, paragraphs (a) to (c) also applies to the list of eligible beneficiaries under this Convention.
(c) When providing food aid, members give priority to least developed countries and other low-income countries.
ARTICLE VIII
Needs
(a) Food aid must only be provided when it is the most effective and best suited means of assistance.
(b) Food aid must be based on an assessment of needs by the recipient and members, as part of their respective policies, and must aim to improve food security in recipient countries. In responding to these needs, members must ensure that the specific nutritional needs of women and children are met.
(c) Free food aid must target vulnerable groups.
(d) The provision of food aid in emergency situations must take particular account of the rehabilitation and longer-term development objectives of recipient countries and must respect the basic humanitarian principles. Members must ensure that the food aid provided is timely to the beneficiaries to whom it is intended.
(e) To the extent possible, non-emergency-related food assistance will be provided by members on the basis of prior planning so that recipient countries are able to take into account, in their development programmes, the food aid they may expect to receive each year that this Convention will last.
(f) If it turns out that due to a significant deficit in production, or any other difficulty, a given country, or even one or more regions, face critical food needs, the situation will be reviewed by the Committee. The Committee may recommend that members remedy the situation by increasing the amount of food aid provided.
(g) At the time of identification of food aid needs, members or their partners must strive to consult at the regional and recipient level with a view to developing a common approach to needs analysis.
(h) Members agree, where appropriate, to identify priority countries and regions within their food aid programs. Members must ensure transparency of their priorities, policies and programs by providing information to other donors.
(i) Members must consult, directly or through their respective partners, on opportunities for common action plans for priority countries, if possible on a multi-year basis.
ARTICLE IX
Forms and conditions of aid
(a) Food aid under this Convention may be provided in one of the following ways:
(i) donations of food or cash donations to be used to purchase food for or by the recipient country;
(ii) sales of food products against currency of the recipient country, which is neither transferable nor convertible into currency or goods and services that may be used by the donor member;
(iii) sales of credited food products, the payment to be made by a reasonable annuity over twenty years or more, at a rate of interest below the current trade rates in world markets.
(b) With respect only to food aid attributed to a member's commitment, all food aid provided to the least developed countries will be provided in the form of donations.
(c) The food aid provided under this Convention in the form of donations will not be less than 80% of a member's contribution and, to the extent possible, members will endeavour to gradually exceed that percentage.
(d) Members undertake to carry out all their food aid operations under this Convention in order to avoid any prejudice to the normal production and international trade structure.
(e) Members will ensure that:
(i) the granting of food aid is not directly or indirectly linked, formally or informally, expressly or tacitly, to commercial exports of agricultural products or other goods and services to recipient countries;
ii) transactions related to food aid, including monetized bilateral food aid, are carried out in accordance with the "FAO Principles on the Discharge of Surplus and Advisory Obligations".
ARTICLE X
Transport and delivery
(a) The transportation and delivery costs of food aid beyond the f.o.b position are, to the extent possible, borne by donors, particularly in the case of emergency food aid or food aid provided to priority recipient countries.
(b) In the planning of food aid operations, consideration is given to potential difficulties that may affect the transport, processing or storage of food aid and the effects that the delivery of aid may have on the marketing of local crops in the recipient country.
(c) In order to optimize the use of available logistic capacity, members establish, to the extent possible, with other food aid donors, with recipient countries and any other party involved in the delivery of food aid, a concerted schedule for the delivery of their aid.
(d) Due consideration shall be given to the payment of transportation costs and other operational costs in the review of compliance by members with their commitments under this Convention.
(e) Transport costs and other operational costs must be incurred as part of a food aid operation itself authorized to be taken into account in a member's contribution
ARTICLE XI
Distribution
(a) Members may provide their food aid bilaterally or through intergovernmental organizations or other international or non-governmental organizations.
(b) Members will take full consideration of the benefits of providing food aid through multilateral channels, in particular the World Food Programme.
(c) As part of the development and implementation of their food aid operations, members must use, to the extent possible, the information and skills available within the relevant international organizations, whether intergovernmental or non-governmental, involved in the field of food aid.
(d) Members are encouraged to coordinate their food aid policies and activities with regard to international organizations involved in the field of food aid, with a view to strengthening the coherence of food aid operations.
ARTICLE XII
Local procurement and triangular transactions
(a) In order to promote local agricultural development, strengthen regional and local markets and enhance the long-term food security of recipient countries, members must consider the possibility of devoting or directing their cash contributions to the purchase of food products:
(i) for the supply of the recipient country to other developing countries ("triangular transactions"); or
ii) in a region of a developing country for the purpose of supplying another deficit region of the country in question ("local purchases").
(b) Cash contributions will, in principle, not be used to purchase a food product from a country that is of the same type as the country that provided the supply received as a bilateral or multilateral food aid during the same year, or in previous years if the amount of food aid received is not yet exhausted.
(c) In order to facilitate the purchase of food from developing countries, members shall communicate to the Secretariat, to the extent possible, the information available to them regarding the surpluses of food that may exist or be expected in developing countries.
(d) Members are particularly careful to avoid adverse effects on low-income consumers of price fluctuations resulting from local purchases
ARTICLE XIII
Efficiency and impact
(a) In all their food aid transactions, members pay particular attention to:
(i) avoid adverse effects on crops, production and local marketing structures by adopting a wise schedule for the distribution of food aid;
(ii) respect local food habits and nutritional needs of beneficiaries and minimize any possible negative effects on their diets; and
(ii) facilitate the participation of women in the decision-making process and the implementation of food aid operations, thereby strengthening household food security.
(b) Members shall endeavour to support the efforts of the governments of recipient countries to develop and implement food aid programmes in a manner consistent with this Convention.
(c) Members must support and, where appropriate, contribute to strengthening the capacity and skills of recipient governments and civil societies for the development and implementation of food security strategies to enhance the impact of food aid programs.
(d) When food aid is sold in a recipient country, the sale will be made, to the extent possible, through the private sector and on the basis of market analysis. By targeting the product of such sales, priority will be given to projects aimed at improving the food security of beneficiaries.
(e) It is important to consider strengthening food aid through other means (financial assistance, technical assistance, etc.) to enhance its ability to enhance food security and to increase the capacity of governments and civil society to develop food security strategies at all levels.
(f) Members must strive to ensure coherence between food aid policies and policies in other sectors, such as development, agriculture and trade.
(g) Members agree to consult to the extent possible with all relevant partners at each recipient country level to monitor the coordination of food aid programmes and operations.
(h) Members must strive to conduct joint assessments of their food aid programs and operations. These assessments must be based on established international principles.
(i) When assessing their food aid programs and operations, members must consider the provisions of this letter. Convention concerning the effectiveness and impact of these food aid programs and operations.
(j) Members are encouraged to assess the impact of their food aid programs, distributed bilaterally or multilaterally or through non-governmental organizations, using appropriate indicators, such as the nutritional status of recipients and other indicators associated with global food security.
ARTICLE XIV
Information and coordination
(a) Members shall submit periodic reports to the Committee concerning the amount, composition, distribution modalities, costs, including transportation costs and other operational costs, the form and conditions of their contributions in accordance with the rules of procedure.
(b) Members undertake to provide the statistical data and other information necessary for the proper functioning of this Convention, including:
(i) their aid shipments, including purchases of products made through cash contributions, local purchases or triangular transactions, and those distributed through international organizations;
(ii) the agreements they have signed for the future provision of food aid;
(iii) their food aid delivery and distribution policies. Where possible, such notifications shall be made in writing to the Executive Director prior to each regular session of the Committee.
(c) Members who make contributions under this Convention in the form of a cash contribution to international organizations must notify the fulfilment of their obligations in accordance with the rules of procedure.
(d) Members exchange information on their food aid policies and programs and the results of their evaluations of these policies and programs and are working to ensure that their food aid programs are compatible with food security strategies at the national, regional, local and household levels.
(e) Members must indicate in advance to the Committee the amount of their commitment that is not made in the form of donations and the terms of any assistance that is not provided in this form
Part three. - ADMINISTRATION
ARTICLE XV
Food Aid Committee
(a) The Food Aid Committee, established by the Food Aid Convention of the 1967 International Cereals Agreement, continues to exist to administer this Convention; it retains the powers and functions assigned to it under the latter.
(b) The Committee shall be composed of all Parties to this Convention.
(c) Each member of the Committee shall designate a representative residing at the Committee ' s headquarters to whom notifications from the Secretariat and other communications relating to the work of the Committee are normally addressed. Other arrangements may be made by any member of the Committee in accordance with the Executive Director.
ARTICLE XVI
Credentials and functions
(a) The Committee shall take the decisions and perform the functions necessary to implement the provisions of this Convention. It shall establish the rules necessary for this purpose in the rules of procedure.
(b) The Committee ' s decisions were taken by consensus.
(c) The Committee monitors the food aid needs of developing countries and the capacity of members to meet these needs.
(d) The Committee shall monitor the progress made in the implementation of the objectives referred to in Article I of this Convention and the satisfaction of the provisions of this Convention.
(e) The Committee may receive information from recipient countries and consult with them.
ARTICLE XVII
Chair and Vice-Chair
(a) During the last regulatory session of each year, the Committee shall designate a Chair and a Vice-Chair for the following year.
(b) The President:
(i) approves the draft agenda for each session;
(ii) preside over sessions;
(iii) Opening and closing of each meeting and session;
(iv) submit, at the beginning of each session, the draft agenda for approval by the Committee;
(v) directs the proceedings and ensures the application of the rules of procedure;
(vi) give the floor and rule on any order motion in accordance with the rules of procedure;
(vii) submit questions to the Committee ' s decision and announce decisions; and
viii) rule on any motion of order submitted by delegates.
(c) If the President is obliged to abstain during a session, or a part of a session, or if he is temporarily unable to perform the functions of President, the Vice-Chair shall replace him. In the absence of the Chair and Vice-Chair, the Committee shall designate a temporary Chair.
(d) If, for any reason, the Chair cannot continue to perform his or her functions, he or she shall be replaced by the Vice-Chair pending the appointment of a new Chair.
(e) The Vice-Chair, when acting as President, or the Temporary Chair have the same powers and functions as the Chair.
ARTICLE XVIII
Sessions
(a) The Committee meets at least twice a year at the statutory sessions of the International Cereal Council. The Committee shall also meet at any other time upon a decision of the Chairperson, at the request of three members, or where the provisions of this Convention require it.
(b) The presence of delegates representing two thirds of the members of the Committee is necessary to form the quorum at any session of the Committee.
(c) The Committee may, when appropriate, invite any non-member government and representatives of other intergovernmental international organizations to attend its open meetings as observers.
(d) The Committee's seat is in London.
ARTICLE XIX
Secretariat
(a) The Committee uses the services of the secretariat of the International Cereal Council for the performance of the administrative tasks that the Committee may request, including the production and distribution of documentation and reports.
(b) The Executive Director shall apply the Committee ' s guidelines and perform the functions stipulated in this Convention and its rules of procedure.
ARTICLE XX
Lack of conflict
(a) In the event of a dispute over the interpretation or application of this Convention or a breach of obligations under this Convention, the Committee shall meet to decide on the measures to be taken.
(b) Members agree to take into account the recommendations and conclusions made by the Committee by consensus in the event of disagreement regarding the application of the provisions of this Convention.
Part Four. - FINAL PROVISIONS
ARTICLE XXI
Depositary
The Secretary-General of the United Nations shall be designated as depositary of this Convention.
ARTICLE XXII
Signature and ratification
(a) This Convention will be open from 1^er May 1999 to 30 June 1999 inclusive, for signature by the governments referred to in Article III (e).
(b) This Convention is subject to the ratification, acceptance or approval of each signatory government in accordance with its constitutional procedures. Instruments of ratification, acceptance or approval shall be deposited with the depositary no later than 30 June 1999, provided that the Committee may grant one or more extensions of time to any signatory government that has not deposited its instrument of ratification, acceptance or approval on that date.
(c) Any signatory government may file with the depositary a declaration of provisional application of this Convention. It shall apply this Convention provisionally in accordance with its laws and regulations and shall be deemed provisionally a party to it.
(d) The depositary shall notify all signatories and adherents of any signature, ratification, acceptance, approval, provisional application of this Convention and accession to this Convention.
ARTICLE XXIII
Access
(a) This Convention shall be open to the accession of any Government referred to in paragraph (e) of Article III that has not signed this Convention. The instruments of accession shall be deposited with the depositary no later than 30 June 1999, provided that the Committee may grant one or more extensions of time to any government that has not deposited its instrument on that date.
(b) When this Convention comes into force in accordance with the provisions of Article XXIV, it shall be open to the accession of any Government other than those referred to in Article III, paragraph (e), provided that the Committee considers appropriate. The instruments of accession shall be deposited with the depositary.
(c) Any Government acceding to this Convention under paragraph (a) of this article or whose accession has been approved by the Committee under paragraph (b) of that article may deposit with the depositary a declaration of provisional application of this Convention pending the deposit of its instrument of accession. Such a Government shall apply this Convention on an interim basis in accordance with its laws and regulations and shall be deemed provisionally a party to it.
ARTICLE XXIV
Entry into force
(a) This Convention shall enter into force on 1^er July 1999 if, as at 30 June 1999, governments whose cumulative commitments, as referred to in paragraph (e) of Article III, represent at least 75% of the total commitments of all governments referred to in that paragraph, have deposited instruments of ratification, acceptance, approval or accession, or declarations of provisional application, and provided that the 1995 Grain Trade Convention is in force.
(b) If this Convention does not come into force in accordance with the provisions of paragraph (a) of this Article, Governments that have deposited instruments of ratification, acceptance, approval or accession, or declarations of provisional application, may unanimously decide that it will enter into force among themselves, provided that the 1995 Grain Trade Convention is in force.
ARTICLE XXV
Duration and withdrawal
(a) Unless the Convention is extended pursuant to paragraph (b) of this Article or terminated previously pursuant to paragraph (f) of this Article, this Convention shall remain in force until 30 June 2002 inclusive, provided that the 1995 Convention on the Trade of Grains or a new Convention on the Trade of Grains replaces it, shall remain in force until that date included.
(b) The Committee may extend this Convention beyond 30 June 2002 for successive periods not exceeding two years each, provided that the 1995 Convention on the Trade of Grains or a new Convention on the Trade of Grains replaces it, shall remain in force for the duration of the extension.
(c) If this Convention is extended pursuant to paragraph (b) of this article, the commitments of members under paragraph (e) of Article III may be subject to review by members prior to the entry into force of each extension. Individual commitments, as reviewed, will remain unchanged during each extension.
(d) The operation of this Convention will be monitored, particularly with regard to the results of any multilateral negotiations affecting the provision of food aid, particularly on preferential credit terms, and the need to implement the results.
(e) The situation with regard to all food aid operations and, in particular, those under preferential credit conditions will be reviewed before deciding on any extension of this Convention or any new convention.
(f) If this Convention is terminated, the Committee shall continue to exist as long as it is necessary to proceed with its liquidation and shall then have the powers and perform the functions necessary to that end.
(g) Any member may withdraw from this Convention at the end of any year by notifying his withdrawal in writing to the depositary at least ninety days before the end of the year in question, but is therefore not relieved of any obligations arising from this Convention and not implemented before the end of that year. This member simultaneously advises the Committee of the decision he has taken.
(h) Any member who withdraws from this Convention may subsequently become a party to the Convention by notifying its decision to the Committee and the depositary. However, it is established as a condition upon the readmission of the member that the member be required to fulfil his or her commitment from the year in which he or she becomes a party to this Convention.
ARTICLE XXVI
International Cereals Agreement
This Convention replaces the 1995 Convention on Food Aid, as extended, and is one of the constituent instruments of the 1995 International Cereals Agreement.
ARTICLE XXVII
Faithful texts
The texts of this Convention in English, Spanish, French and Russian are equally authentic.
Done in London on 13 April 1999.
ANNEX A
TRANSPORT COUTS AND OTHER OPERATIONAL COUTS
The transportation costs and other operational costs associated with food aid contributions that are included under Articles II (a) VII), III, X and XIV of this Convention are as follows:
(a) transport costs
freight, including loading and unloading
surestary and shipping
trans-shipment
drying
insurance and supervision
port fees and storage taxes at the port
temporary storage facilities and port and transit taxes
road transport, vehicle rental, toll and escort charges, convoy and border taxes
rental of equipment
Airplane, air bridge.
(b) Other operational costs
non-food items (NAFs) used by beneficiaries (tools, utensils, agricultural inputs)
ENA provided to implementing partners (vehicles, storage facilities)
training costs of local partners
operational costs supported by local partners for the implementation of operations, not covered as transportation costs
mill fees and other special fees
costs of NGOs in the recipient country
technical assistance services and logistics management
preparation, feasibility study, monitoring and project evaluation
Registration of beneficiaries
technical services in the recipient country
Annex B
BENEFICIARY COUNTRIES
Recipients of eligible food aid under Article VII of this Convention are developing countries and territories listed as beneficiaries of assistance by the OECD Development Assistance Committee (DAC) from 1^er January 1997, and listed below, as well as countries on the WTO list of net food-importing developing countries, as of 1^er March 1999.
(a) Least developed countries
Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Myanmar, Nepal, Niger, Rwanda, Sao Tome and Principe
(b) Other low-income countries
Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Cameroon, China, Republic of Congo, Côte d'Ivoire, Georgia, Ghana, Guyana, Honduras, India, Kenya, Kyrgyz Republic, Mongolia, Nicaragua, Nigeria, Pakistan, Senegal, Sri Lanka, Tajikistan, Vietnam and Zimbabwe.
(c) Middle-income countries of the lower
Algeria, Belize, Bolivia, Botswana, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Fiji, Grenada, Guatemala, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Korea (Democratic Republic of), Lebanon, Macedonia (former Yugoslav Republic of), Marshall Islands, Federated States of Micronesia, Moldova, Morocco, Namibia, Nicaragua, Palau,
(d) Developing countries net food importers according to the WTO (not included in the list above)
Barbados, Mauritius, Saint Lucia, Trinidad and Tobago.

This Convention entered into force on 1^er July 1999.
LIST OF LIES
For the consultation of the table, see image