belgiquelex.be - Carrefour Bank of Legislation

24 JUNE 2000. - An Act to Accredit the 1994 International Coffee Agreement, made in London on March 30, 1994 (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 1994 International Coffee Agreement, made in London on 30 March 1994, will come out with its full effect.
Art. 3. This Act produces its effects on 1^er October 1994.
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 24 June 2000.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Economy and Scientific Research,
R. DEMOTTE
Secretary of State for Foreign Trade, Deputy Minister of Foreign Affairs,
P. CHEVALIER
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 1999-2000.
Senate.
Documents. - Bill tabled on 20 March 2000, No. 382/1. - Report, no. 382/2. - Text adopted in session and transmitted to the Chamber, No. 382/3.
Annales parliamentarians. - Discussion, meeting of 27 April 2000. Voting, meeting of 27 April 2000.
Room
Documents. - Project transmitted by the Senate, No. 614/1. Report, no. 614/2.
Annales parlementaire Discussion, séance du 10 mai 2000. Voting, meeting of 11 May 2000.
(2) Pursuant to Article 39, the Agreement entered into force on 1^er October 1994.

1994 International Coffee Agreement
Preamble
The Governments Parties to this Agreement,
Recognizing that coffee is of exceptional importance to the economy of many countries that depend to a large extent on this product for their export revenues and, therefore, to continue their social and economic development programs;
Acknowledging the need to encourage the development of productive resources and to raise and maintain employment and income in the coffee industry of Member countries and to obtain fair wages, higher standards of living and better working conditions;
Considering that close international cooperation in the field of coffee trade will encourage the diversification and expansion of the economy of coffee-producing countries and contribute to the improvement of political and economic relations between exporting countries and coffee-importing countries as well as to the increase in coffee consumption;
Acknowledging that it is desirable to avoid an imbalance between production and consumption that can result in price fluctuations that are charged, which are harmful to both producers and consumers;
Considering the links between the stability of coffee trade and the stability of manufacturing markets;
Taking note of the benefits of international cooperation generated by the implementation of the 1962, 1968, 1976 and 1983 International Agreements on Café,
The following agreed:
CHAPTER PREMIER. - Objectives
Article 1
Objectives
The objectives of this Agreement are:
1. To increase international cooperation in the field of global coffee issues;
2. Provide a framework for intergovernmental consultations and negotiations, where appropriate, on issues related to coffee and how to achieve a sound balance between global supply and demand under conditions that will ensure consumers a sufficient supply of coffee at fair prices and producers of market opportunities at remunerative prices and that will ensure a sustainable balance of production and consumption;
3. To facilitate the expansion of international coffee trade through the collection, analysis and dissemination of statistics and the publication of indicative prices and other market prices and thus to enhance transparency in the global coffee economy;
4. To serve as a centre for the collection, exchange and publication of economic and technical information on coffee;
5. To promote studies and research in the area of coffee; and
6. To encourage and increase coffee consumption.
CHAPTER II. - Definitions
Article 2
Definitions
For the purposes of this Agreement:
1. Coffee is the grain and cherry of the coffee maker, whether it is parch coffee, green coffee or roasted coffee, and includes ground coffee, decaffeinated coffee, liquid coffee and soluble coffee. These terms have the following meaning:
(a) Green coffee means any grain coffee, unsealed, before roasting:
(b) Dried coffee cherry means the dried fruit of the coffeemaker; the equivalent in green coffee of dried coffee cherries is obtained by multiplying the net weight of dried cherries by 0.50;
(c) Coffee in parch means the grain of green coffee in its parchment; the green coffee equivalent of the parchment coffee is obtained by multiplying by 0.80 the net weight of the parchment coffee;
(d) Torrefied coffee means roasted green coffee at any degree, and includes ground coffee; the green coffee equivalent of roasted coffee is obtained by multiplying by 1.19 the net weight of roasted coffee;
(e) Decaffeinated coffee means green, roasted or soluble coffee after caffeine extraction; the green coffee equivalent of decaffeinated coffee is obtained by multiplying by 1, 1, 19 or 2,6 respectively, the net weight of green, roasted or soluble decaffeinated coffee;
(f) Liquid coffee means soluble solids in water obtained from roasted coffee and presented in liquid form; the green coffee equivalent of liquid coffee is obtained by multiplying by 2.6 the net weight of dehydrated coffee solids contained in liquid coffee; and
(g) Soluble coffee means solids, dehydrated and water-soluble, obtained from roasted coffee; the green coffee equivalent of soluble coffee is obtained by multiplying the net weight of soluble coffee by 2.6.
2. Bag is 60 kilograms, or 132.276 pounds of green coffee; tonne is a mass of 1,000 kilograms, or 2,204,6 pounds; book is 453,597 grams.
3. Coffee year refers to the twelve-month period from October 1 to September 30.
4. Organization means the International Coffee Organization; Council means the International Coffee Council.
5. Contracting Party means an intergovernmental government or organization referred to in paragraph 3 of Article 4 that deposited an instrument of ratification, acceptance, approval or provisional application of this Agreement under Articles 39 and 40 or acceded to that Agreement under Article 41.
6. Member means a Contracting Party; a designated territory or territories that have been declared as a separate Member under section 5; several Contracting Parties, several designated territories, or several Contracting Parties and designated territories that are part of the Organization as a Member Group under Article 6.
7. Exporter or exporting country means, respectively, a Member or a country that is a net exporter of coffee, that is, a Member or country whose exports exceed imports.
8. Importing member or importing country means a Member or a country that is a net importer of coffee, that is, a Member or country whose imports exceed exports.
9. Simple distributed majority means a vote requiring more than half of the votes cast by the exporting Members present voting and more than half of the votes cast by the importing Members present voting, counted separately.
10. Distributed two-thirds majority means a vote requesting more than two-thirds of the votes cast by the exporting Members present voting and more than two-thirds of the votes cast by the importing Members present voting, counted separately.
11. Entry into force means, unless otherwise specified, the date on which the Agreement enters into force, provisionally or definitively.
12. Exportable production means the total production of coffee from an exporting country for one year or a given coffee campaign, reduced by the amount provided for domestic consumption in the same year.
13. Export Availability refers to the exportable production of a exporting country in a given coffee year, increased by stocks carried over from previous years.
CHAPTER III. - General commitments of Members
Article 3
General commitments of Members
1. Members undertake to take all necessary measures to enable them to fulfil their obligations under this Agreement and to cooperate fully with each other in order to achieve the objectives of this Agreement; Members undertake in particular to provide all necessary information to facilitate the operation of the Agreement.
2. Members recognize that certificates of origin are an important source of information on coffee exchanges. As a result, the exporting members assume the responsibility to ensure that the certificates of origin are properly issued and used, in accordance with the regulations established by the Commission.
3. Members further recognize that re-export information is also important for the proper analysis of the global coffee economy. Accordingly, Importing Members undertake to provide regular and accurate information on re-exports in the form and manner determined by the Commission.
CHAPTER IV. - Members
Article 4
Members of the Organization
1. Each Contracting Party shall, together with those of the territories to which the Agreement applies under paragraph 1, of Article 43, constitute a single Member of the Organization, subject to the provisions set out in Articles 5 and 6.
2. Under conditions to be agreed by the Council, a Member may change the category.
3. Any mention of the word Government in this Agreement shall be deemed to be valid for the European Community or an intergovernmental organization with comparable responsibilities with respect to the negotiation, conclusion and application of international agreements, in particular agreements on commodities.
4. Such an intergovernmental organization does not see itself, but, in the event of a vote on matters within its competence, it is authorized to have the votes of its Member States, and it expresses them in a nutshell. In this case, Member States of this intergovernmental organization are not allowed to exercise their voting rights individually.
5. Such an intergovernmental organization is not eligible for the Executive Committee under Article 17, paragraph 1, but may participate in the discussions of the Executive Committee on matters within its jurisdiction. In the event of a vote on matters within its jurisdiction and by derogation from the provisions of article 20, paragraph 1, the votes to which its Member States are authorized to dispose of the Executive Committee shall be expressed by any of these Member States in whole.
Article 5
Separate participation of designated territories
Any Contracting Party that is net coffee importer may, at any time, by the notification provided for in paragraph 2, of Article 43, declare that it participates in the Organization independently of any territory it designates among those of which it provides international representation that are net coffee exporters. In this case, the metropolitan territory and the non-designated territories constitute a single Member, and the designated territories have, individually or collectively according to the terms of the notification, the status of a separate Member.
Article 6
Group participation
1. Two or more Contracting Parties that are net exporters of coffee may, by notification addressed to the Council and the Secretary-General of the United Nations upon depositing their respective instruments of ratification, acceptance, approval, provisional application or accession, declare that they are Members of the Organization as a group. A territory to which this Agreement applies under paragraph 1, of Article 43 may be part of such a group if the Government of the State that assures its international relations has forwarded the notification under paragraph 2, of Article 43. These Contracting Parties and designated Territories shall meet the following requirements:
(a) Declaring itself willing to accept the responsibility, both individual and collective, of meeting the group ' s obligations; and
(b) Further to the Council ' s satisfaction:
(i) That the group have the organization necessary to implement a common coffee policy, and that they have the means to carry out, together with the other members of the group, their obligations under this Agreement; and
(ii) That they have a common or coordinated trade and economic policy on coffee and a coordinated monetary and financial policy as well as the bodies necessary for the implementation of these policies, so that the Commission is assured that the group is in a position to comply with all the collective obligations arising therefrom.
2. Any Member group recognized under the 1983 International Agreement on Café continues to be recognized as a group unless it notifies the Council that it no longer wishes to be recognized as such.
3. The Member Group is a single Member of the Organization, however, on the understanding that each member of the group will be treated as a separate Member for the following matters:
(a) articles 11 and 12; and
(b) Article 46.
4. The Contracting Parties and designated territories that enter as a group shall indicate the Government or organization that shall represent them in the Council for matters covered by this Agreement, except those listed in paragraph 3 of this Article.
5. The voting rights of the group are as follows:
(a) The Member Group has the same number of votes as a single Member country that has entered the Organization individually. The government or organization representing the group receives and disposes of these votes; and
(b) In the event that the question put to the vote falls within the framework of the provisions set out in paragraph 3 of this article, the various members of the group may dispose of separately the votes assigned to them by paragraph 3 of Article 13, as if each of them was an individual Member of the Organization, except that the votes of the base number shall remain attributed to the government or organization representing the group.
6. Any Contracting Party or any designated territory that is part of a group may, by notification to the Council, withdraw from that group and become a separate Member. This withdrawal takes effect upon receipt of the notification by the Council. When one of the members of a group withdraws or ceases to be a Member of the Organization, the other members of the group may ask the Council to maintain that group; the group retains its existence unless the Commission rejects this request. If the group is dissolved, each of its former members becomes a separate Member. A Member who has ceased to belong to a group may not return to any group until this Agreement is in force.
7. Any Contracting Party wishing to be a member of a Member group after the entry into force of this Agreement may do so by notification to the Council provided that:
(a) The other members of the group declare that they are willing to accept the Member in question as part of the Member group; and
(b) She informed the Secretary-General of the United Nations that she was part of the group.
8. Two or more Exporting Members may, once this Agreement has entered into force, apply to the Council at any time for authorization to form a group. The Commission authorizes them to do so if it finds that they have sent the statement and the evidence required in paragraph 1 of this article. As soon as the Commission has given this authorization, the provisions of paragraphs 3, 4, 5 and 6 of this article shall become applicable to the group.
CHAPTER V. - International Coffee Organization
Article 7
International Coffee Organization Headquarters and structure
1. The International Coffee Organization established by the 1962 International Coffee Agreement continues to exist to ensure the implementation of this Agreement and to monitor its operation.
2. The Organization shall have its seat in London, unless the Council decides otherwise by a two-thirds majority of the votes cast.
3. The Organization acts through the International Coffee Council, the Executive Committee, the Executive Director and staff.
Article 8
Privileges and immunities
1. The Organization has the legal personality. In particular, it has the capacity to contract, acquire and dispose of real estate and furniture, as well as to prosecute.
2. The status, privileges and immunities of the Organization, the Executive Director, staff and experts, as well as representatives of Member countries during the stays that the exercise of their functions leads them to perform on the territory of the United Kingdom of Great Britain and Northern Ireland, will continue to be governed by the Headquarters Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as the host Government of the United Kingdom of Great Britain and Northern Ireland).
3. The Headquarters Agreement referred to in paragraph 2 of this Article is independent of this Agreement. However, it would end:
(a) By mutual consent of the host Government and the Organization;
(b) In the event that the headquarters of the Organization would be transferred outside the territory of the host Government; or;
(c) In case the Organization ceases to exist.
4. The Organization may enter into agreements with one or more other Members to be approved by the Council on privileges and immunities that may be necessary for the proper operation of this Agreement.
5. Governments of Member States other than the host Government shall accord the Organization the same facilities with respect to currency or exchange regulations, the maintenance of bank accounts and the transfer of funds, as those granted to the specialized agencies of the United Nations.
CHAPTER VI. - International Coffee Council
Article 9
Composition of the International Coffee Board
1. The supreme authority of the Organization is the International Coffee Council, which consists of all Members of the Organization.
2. Each Member shall appoint a representative to the Council and, if desired, one or more alternates. In addition, each Member may designate one or more advisers to accompany his or her representative or alternates.
Article 10
Credentials and functions of the Council
1. The Council, vested in all the powers expressly conferred by this Agreement, has the powers and performs the functions necessary to implement the provisions of this Agreement.
2. The Council shall establish a Credentials Committee to consider written notifications to the President concerning the provisions of paragraph 2, article 9, paragraph 3, article 12, paragraph 2, of article 14. The Credentials Committee reports on its work to the Council.
3. In addition to the Credentials Committee, the Commission may establish any committee or working group that it considers necessary.
4. The Council shall, by a two-thirds majority of the votes cast, determine the regulations necessary for the performance of this Agreement and in accordance with its provisions, including its own rules of procedure and the regulations applicable to the financial management of the Organization and its personnel. The Council may, in its rules of procedure, provide for a procedure that allows it to take decisions on specific points without meeting.
5. In addition, the Commission maintains the documentation necessary for the performance of its functions under this Agreement, and any other documentation it considers desirable.
Article 11
President and Vice-Presidents of the Council
1. The Council shall elect for each coffee year a President and a first, second and third Vice-Presidents who are not paid by the Organization.
2. As a general rule, both the President and the first Vice-President shall be elected from among the representatives of the exporting Members or from among the representatives of the importing Members, and the second and third Vice-Presidents among the representatives of the other category. This distribution alternates each coffee year.
3. Neither the President nor the Vice-President who acts as President has the right to vote. In such a case, their deputy shall exercise the right to vote of the Member.
Article 12
Sessions of the Council
1. As a general rule, the Council meets twice a year in regular session. It may hold special sessions if it so decides. Extraordinary sessions are also held at the request of the Executive Committee, or five members, or one or more members with a minimum of 200 votes. Council sessions are announced at least 30 days in advance, except in the event of an emergency in which case they are announced at least 10 days in advance.
2. Sessions shall be held at the headquarters of the Organization, unless the Council decides otherwise by a two-thirds majority of votes. If a Member invites the Council to meet on its territory and if the Council agrees, the resulting costs, in addition to those incurred when the session takes place at the seat, shall be borne by that Member.
3. The Council may invite any non-member country or organization referred to in Article 16 to attend any of its sessions as an observer. If such an invitation is accepted, the country or organization in question sends a written notification to the President. In such notification, he may, if he wishes, request authorization to make statements to the Commission.
4. The quorum required for any meeting of the Council is constituted by the presence of more than half of the exporting Members holding at least two thirds of the total votes of the exporting Members and more than half of the importing Members holding at least two thirds of the total votes of the importing Members. If, at the beginning of a meeting of the Council or plenary meeting, the quorum is not reached, the President decides to delay the opening of the session or plenary meeting for at least three hours. If, at the time of the new meeting, the quorum is not yet reached, the President may again postpone the opening of the session or plenary meeting for at least three hours. If, at the end of this new reference, the quorum is still not reached, the quorum required to open or resume the meeting or plenary meeting is constituted by the presence of more than half of the exporting Members holding at least half of the total votes of the exporting Members and more than half of the importing Members holding at least half of the total votes of the importing Members. Members represented by proxy under Article 14, paragraph 2, shall be considered present.
Article 13
Voice
1. Exporters together have 1,000 votes and importing members as well; These votes are distributed within each category, that of exporters and that of importers, as indicated in the paragraphs below of this section.
2. Each Member has five votes as a base number.
3. The remaining voices of the Exporting Members are distributed among these Members to the prorota of the average volume of their respective exports of coffee all destinations during the previous four calendar years.
4. The remaining voices of importing Members are distributed among these Members on the basis of the average volume of their respective coffee imports over the previous four calendar years.
5. The Commission shall distribute the votes at the beginning of each coffee year under this section and that distribution shall remain in effect during the year in question, except as provided in paragraph 6 of this section.
6. When a change occurs in participation in the Organization or if a Member's right to vote is suspended or restored under section 23 or section 37, the Council shall make a new distribution of votes, which shall comply with the provisions of this article.
7. No Member has more than 400 votes.
8. There can be no fraction of voice.
Article 14
Voting procedure of the Council
1. Each Member has all the votes he holds and is not allowed to divide them. It may, however, dispose differently of the votes given to it by proxy, in accordance with the provisions of paragraph 2 of this article.
2. 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 exercise its right to vote at one or more meetings of the Council. The limitation referred to in paragraph 7 of section 13 does not apply in that case.
Article 15
Council decisions
1. The Council shall make all its decisions and make all its recommendations to the single distributed majority of votes, unless otherwise provided by this Agreement.
2. The following procedure applies to any decision to be taken by the Council under this Agreement by a two-thirds majority of the votes cast:
(a) If the proposal does not obtain a two-thirds majority of the votes cast because of the negative vote of one, two or three Exporting Members or one, two or three Importing Members, it is, if the Council so decides by a majority of the Members present and by a single distributed majority of the votes, put to the vote within 48 hours;
(b) If, at that second ballot, the proposal does not yet obtain a two-thirds majority of the votes cast, because of the negative vote of one or two exporting members or one or two importing members, it is, if the Council so decides by a majority of the members present and by a single distributed majority of the votes, delivered to the vote within 24 hours;
(c) If, at this third ballot, the proposal still does not obtain a two-thirds majority of votes because of the negative vote of an Exporting Member or an Importing Member, it is considered adopted; and
(d) If the Council does not issue a proposal to the vote, it is considered to be rejected.
3. Members undertake to accept as mandatory all decisions the Council makes under this Agreement.
Article 16
Collaboration with other organizations
1. The Council may make arrangements for consultations and collaboration with the United Nations and its specialized agencies, as well as other appropriate intergovernmental organizations. It best uses the Common Commodity Fund mechanisms. These provisions may include the financial measures that the Council considers appropriate to achieve the objectives of this Agreement. However, with respect to the implementation of any project under these measures, the Organization does not assume any financial obligation, including as collateral provided by Members or other entities. No Member assumes any liability, on the basis of membership of the Organization, as a result of borrowings or loans made by any other Member or entity in the course of such projects.
2. Where possible, the Organization may collect information from Member countries, non-member countries and donor agencies and other agencies on development projects and programmes focused on the coffee sector. Where applicable and with the agreement of the parties concerned, the Organization may make such information available to such other organizations and Members.
CHAPTER VII. Executive Committee
Article 17
Composition and meetings of the Executive Committee
1. The Executive Committee consists of eight Exporting Members and eight Importing Members elected for each coffee year in accordance with the provisions of Article 18. Members represented in the Executive Committee shall be eligible for re-election.
2. Each Member represented in the Executive Committee shall designate a representative and, if desired, one or more alternates. In addition, each Member represented in the Executive Committee may designate one or more advisers to accompany their representative or alternates.
3. Elus for each coffee year by the Council, the Chairman and Vice-Chairman of the Executive Committee shall be eligible for re-election. They are not paid by the Organization. Neither the Chairman nor the Vice-Chairperson acting as Chairman shall have the right to vote at the meetings of the Executive Committee. In this case, the substitute shall exercise the right to vote of the Member. As a general rule, both the President and the Vice-President are elected from the same level of membership for each coffee year.
4. The Executive Committee shall normally meet at the headquarters of the Organization, but may meet elsewhere if the Council decides by a two-thirds majority of the votes. If the Council accepts the invitation of a Member to hold a meeting of the Executive Committee on its territory, the provisions of Article 12, paragraph 2, concerning the sessions of the Council shall also apply.
5. The quorum required for any meeting of the Executive Committee is constituted by the presence of more than half of the exporting Members holding at least two thirds of the total votes of the exporting Members elected to the Executive Committee and more than half of the importing Members holding at least two thirds of the total votes of the importing Members elected to the Executive Committee. If, at the beginning of a meeting of the Executive Committee, the quorum is not reached, the Chairman of the Executive Committee decides to delay the opening of the meeting for at least three hours. If, at the scheduled time for the new meeting, the quorum is not yet reached, the President may again postpone the opening of the meeting for at least three hours. If, at the end of this new reference, the quorum is still not reached, the quorum required to open the meeting is constituted by the presence of more than half of the exporting Members holding at least half of the total votes of the exporting Members elected to the Executive Committee and more than half of the importing Members holding at least half of the total votes of the importing Members elected to the Executive Committee.
Article 18
Election of the Executive Committee
1. The Exporting Members of the Organization elect the Exporting Members of the Executive Committee, and the Importing Members of the Organization the Importing Members of the Executive Committee. The elections of each category shall be held in accordance with the following provisions.
2. Each Member shall vote for a single candidate, giving him all the votes available under Article 13. It may grant to another candidate the votes to be available by proxy in accordance with the provisions of article 14, paragraph 2.
3. The eight candidates who receive the largest number of votes shall be elected; However, no candidate is elected in the first ballot if he has not obtained at least 75 votes.
4. If less than eight candidates are elected in the first ballot according to the provisions of paragraph (3) of this article, new ballots shall be held, in which only Members who have not voted for any of the elected candidates shall participate. Find$$|AGA each new ballot, the minimum of votes required to be elected decreases successively by five units until the eight candidates are elected.
5. A Member who has not voted for one of the elected Members shall confer on one of them the votes to be disposed of, subject to the provisions of paragraphs 6 and 7 of this Article.
6. It is considered that a Member obtained the votes given to him during his election, plus the votes conferred upon him later, provided that the total of votes does not exceed 499 for any elected Member.
7. In the event that the votes considered to be obtained by an elected Member would exceed 499, Members who voted for that elected Member or conferred on him or her their votes will agree that one or more of them withdraw the votes they have given him or her and confer or transfer them to another elected Member, so that the votes obtained by each elected Member do not exceed the limit of 499.
Article 19
Competence of the Executive Committee
1. The Executive Committee is accountable to the Council and works according to its general guidelines.
2. The Council may, by a two-thirds majority of votes, delegate to the Executive Committee all or part of its powers, excluding the following:
(a) Vote the administrative budget and set the contributions under section 22;
(b) Suspend the right to vote of a Member under section 37;
(c) To decide on disputes under section 37;
(d) Setting conditions of accession under section 41;
(e) Decide on the exclusion of a Member of the Organization under section 45;
(f) Make a decision on the issue of submitting the Agreement to further negotiations, to extend or terminate it, pursuant to Article 47; and
(g) Recommend an amendment to Members under section 48.
3. The Council may at any time, by a single distributed majority of votes, cancel the powers delegated to the Executive Committee.
4. The Executive Committee shall establish a Finance Committee, which, in accordance with the provisions of section 22, is responsible for overseeing the preparation of the administrative budget to be submitted to the Board for approval and for any other function assigned to it by the Executive Committee, including the monitoring of revenues and expenditures. The Finance Committee reports on its work to the Executive Committee.
5. In addition to the Finance Committee, the Executive Committee may establish any other committee or working group that it considers necessary.
Rule 20
Voting procedure of the Executive Committee
1. Each Member of the Executive Committee shall have the votes obtained under paragraphs 6 and 7 of Article 18. The proxy vote is not allowed. No member of the Executive Committee is allowed to share his or her votes.
2. The decisions of the Committee shall be taken by the same majority as the similar decisions of the Council.
CHAPTER VIII. - Finance
Article 21
Financial provisions
1. The expenses of the delegations to the Council, as well as representatives to the Executive Committee and any other committee of the Council or the Executive Committee, are the responsibility of the State they represent.
2. Other expenses arising from the application of this Agreement shall be covered by the annual membership dues that are apportioned in accordance with Article 22 and by the revenues of the sale of special services to Members and the sale of information and studies resulting from the application of the provisions of Articles 27 and 29.
3. The Organization's fiscal year coincides with the coffee year.
Article 22
Vote of the administrative budget and determination of contributions
1. In the second half of each fiscal year, the Commission votes the Organization's administrative budget for the following fiscal year and distributes the Member's contributions to that budget. The administrative budget is prepared by the Executive Director under the supervision of the Finance Committee in accordance with the provisions of Article 19, paragraph 4.
2. For each fiscal year, each Member's contribution to the administrative budget is proportional to the report that, at the time of the vote of the administrative budget, there is between the number of votes available and the number of votes available to all Members. If, however, at the beginning of the fiscal year for which contributions are set, the distribution of votes among Members is changed under section 13, paragraph 5, the Commission adjusts the contributions accordingly for that fiscal year. To determine the contributions, the votes of each Member are counted without taking into account the possible suspension of the voting rights of a Member or the redistribution of the votes that could have resulted from them.
3. The Commission determines the initial assessment of any country that becomes a Member of the Organization after this Agreement comes into force based on the number of votes allocated to it and the unexpired portion of the current year; but contributions to other Members for the current year remain unchanged.
Article 23
Payment of contributions
1. The administrative budget contributions for each fiscal year are payable in a freely convertible currency and are payable on the first day of the fiscal year.
2. A member who has not paid his or her full assessment of the administrative budget within six months of his or her due diligence loses his or her right to vote in the Council and to vote for him or her in the Executive Committee. However, unless the Council decides by a two-thirds majority of the votes, that Member shall not be deprived of any of the other rights conferred on it by this Agreement, nor shall it be relieved of any of its obligations.
3. A Member whose right to vote is suspended, in accordance with either the provisions of paragraph 2 of this article or the provisions of section 37, nevertheless remains required to pay its assessment.
Article 24
Financial responsibilities
1. The Organization, acting in the manner set out in paragraph 3 of Article 7, is not authorized to enter into any obligation that does not fall within the scope of this Agreement, and may not be deemed to have been authorized to do so by Members; In particular, it has no quality to borrow money. In the exercise of its ability to contract, the Organization inserts in its contracts the terms of this Article so as to bring them to the attention of other interested parties; However, if these conditions are not inserted, the contract is not null and void and the Organization is not deemed to have exceeded the powers conferred upon it.
2. The financial liability of a Member is limited to its obligations with respect to the contributions expressly provided for in this Agreement. Third parties dealing with the Organization are expected to be aware of the provisions of this Agreement relating to the financial responsibilities of Members.
Rule 25
Audit and publication
As soon as possible and no later than six months after the closure of each financial year, the Commission shall have before it, for approval and publication, a statement, verified by an authorized expert, of the revenues and expenses of the Organization during that financial period.
CHAPTER IX. Executive Director and staff
Rule 26
Executive Director and staff
1. The Board shall appoint the Executive Director on the recommendation of the Executive Committee. It sets out the terms and conditions of employment of the Executive Director; they are comparable to those of counterpart officials of similar intergovernmental organizations.
2. The Executive Director is the Chief Administrative Officer of the Organization; the Minister shall be responsible for the performance of his duties in the administration of this Agreement.
3. The Executive Director shall appoint staff in accordance with the rules of the Council.
4. The Executive Director and other officials shall not have any financial interest in the coffee industry or in the trade or transport of coffee.
5. In the performance of their duties, the Executive Director and staff do not seek or accept instructions from any Member or from any external authority to the Organization. They refrain from any act incompatible with their situation of international civil servants and are only responsible to the Organization. Each Member undertakes to respect the exclusively international character of the functions of the Executive Director and staff and not seek to influence them in carrying out their tasks.
CHAPTER X. - Information, studies and research
Rule 27
Information
1. The Organization serves as a centre to collect, exchange and publish:
(a) statistical information on the production, prices, exports and imports, distribution and consumption of coffee worldwide; and
(b) to the extent it deems appropriate, technical information on the cultivation, processing and use of coffee.
2. The Commission may request Members to provide, in respect of coffee, the information it deems necessary for its activity, including periodic statistical reports on production, production trends, exports and imports, distribution, consumption, stocks, prices and taxation, but it does not make public any information that would identify the operations of individuals or firms that produce, process or dispose of coffee. Members shall provide the requested information in such a detailed and accurate form as possible.
3. The Commission introduces a system of indicative prices to allow the publication of a compound daily indicative price.
4. If a Member does not give or has difficulty in giving within a normal time the information, statistics or other information required by the Council for the proper operation of the Organization, the Council may require the Member in question to explain the reasons for this failure. If the Commission finds that technical assistance must be provided in this regard, the Commission may take the necessary steps.
Rule 28
Certificates of origin
1. In order to facilitate the collection of statistics on international coffee trade and to verify the quantities of coffee that have been exported by each Exporting Member, the Organization shall establish a system of certificates of origin that shall comply with the rules approved by the Commission.
2. All coffee exported by an exporting Member is accompanied by a valid certificate of origin. Certificates of origin shall be issued, in accordance with the relevant regulations of the Council, by the qualified body that the Member has chosen and that the Organization has approved.
3. Each Exporting Member shall communicate to the Organization the name of the governmental or non-governmental organization that it has designated to perform the functions set out in paragraph 2 of this Article. The Organization shall appoint a non-governmental organization in accordance with the rules approved by the Commission.
Rule 29
Studies and research
1. The Organisation promotes the preparation of studies and research on the economic conditions of coffee production and distribution, the impact of the measures taken by governments in producing countries and in consumer countries on coffee production and consumption, and the possibility of increasing the consumption of coffee in its traditional uses and possibly new uses.
2. In order to implement the provisions of paragraph 1 of this article, the Council adopts, at the second regular session of each coffee year, a draft annual programme of work for studies and research, accompanied by estimates of the necessary resources, prepared by the Executive Director.
3. The Commission may approve the preparation by the Organization of Studies and Research to be carried out jointly or with the collaboration of other organizations and institutions. In this case, the Executive Director shall submit to the Board a detailed account of the resources required to be provided by the Organization or by the partner or partners involved in the project.
4. The studies and research to be carried out by the Organization pursuant to the provisions of this Article shall be financed by resources in the administrative budget, prepared in accordance with the provisions of article 22, paragraph 1, and shall be carried out by staff members of the Organization and by consulting experts if necessary.
CHAPTER XI. - General provisions
Rule 30
Preparations for a new Agreement
The Commission may consider the possibility of negotiating a new International Coffee Agreement, including an agreement that may contain measures to balance the supply and demand for coffee, and take the initiatives it considers appropriate.
Rule 31
Elimination of consumer barriers
1. Members recognize that it is of the utmost importance to achieve as soon as possible the greatest possible development of coffee consumption, in particular through the progressive elimination of any obstacles that could hinder this development.
2. Members recognize that some measures currently in force could, in larger or smaller proportions, hamper the increase in coffee consumption, in particular:
(a) certain import regimes applicable to coffee, including preferential or other tariffs, quotas, government monopolies or official purchasing agencies and other administrative or commercial rules;
(b) certain export regimes for direct or indirect subsidies and other administrative or commercial rules; and
(c) certain domestic marketing conditions and internal legislative and administrative provisions that could affect consumption.
3. In light of the above objectives and the provisions of paragraph 4 of this article, Members shall endeavour to continue to reduce tariffs on coffee or to take other measures to eliminate obstacles to increasing consumption.
4. In view of their common interest, Members undertake to explore ways in which the barriers to trade and consumption mentioned in paragraph 2 of this article could be progressively reduced and, to the extent possible, eliminated, or by which their effects could be substantially reduced.
5. In the light of the commitments made under paragraph 4 of this article, Members shall annually inform the Council of all measures taken to implement the provisions of this article.
6. The Executive Director periodically prepares a study of consumer barriers, which is reviewed by the Board.
7. To achieve the objectives set out in this article, the Council may make recommendations to Members who report to it as soon as possible on the measures they have taken to implement the recommendations in question.
Rule 32
Measures relating to processed coffee
1. Members recognize that developing countries need to broaden the foundations of their economies, including through the industrialization and export of manufactured goods, including the transformation of coffee and the export of processed coffee.
2. In this regard, Members avoid taking government measures that could disrupt the coffee sector of other Members;
3. If a Member considers that the provisions of paragraph 2 of this article are not observed, he shall consult with other interested Members, taking due account of the provisions of Article 36. Interested Members strive to reach a friendly settlement on a bilateral basis. If such consultations do not permit satisfactory agreement to be reached by the parties in question, either of the parties may refer the matter to the Council in accordance with the provisions of section 37.
4. Nothing in this Agreement shall affect the right of any Member to take the necessary measures to prevent the coffee industry from being disorganized by processed coffee imports or to remedy the situation where appropriate.
Rule 33
Mixtures and substitutes
1. Members do not maintain any regulations that would require other products to be mixed, treated or used with coffee, for sale in the trade under the name of coffee. Members strive to prohibit advertising and sale, under the name of coffee, of products containing less than the equivalent of 90 percent of green coffee as the basic raw material.
2. The Council may request a Member State to take the necessary measures to ensure compliance with the provisions of this article.
3. The Executive Director shall report periodically to the Council on how the provisions of this article are observed.
Rule 34
Consultations and collaboration with the private sector
1. The Organization remains in close liaison with appropriate non-governmental organizations dealing with international coffee trade and with coffee experts.
2. Members resolve their actions under this Agreement to respect the structures of the profession and to avoid discriminatory sales practices. In carrying out these activities, they endeavour to take due account of the legitimate interests of the coffee industry.
Rule 35
Environmental aspects
Members take due account of the sustainable management of coffee resources and the transformation of coffee, taking into account the principles and objectives of sustainable development agreed at the eighth session of the United Nations Conference on Trade and Development and the United Nations Conference on Environment and Development.
CHAPTER XII. - Consultations, disputes and claims
Rule 36
Consultations
Each Member welcomes the comments that may be submitted by another Member on any matter relating to this Agreement and accepts any relevant consultation. During such consultations, at the request of one of the parties and with the consent of the other, the Executive Director shall establish an independent commission that offers its good offices with a view to reaching a conciliation. The expenses of the commission are not borne by the Organization. If one of the parties does not agree that the Executive Director shall establish a commission or if the consultation does not lead to a solution, the matter may be referred to the Council under section 37. If the consultation results in a solution, a report is presented to the Executive Director who distributes it to all Members.
Rule 37
Disputes and claims
1. Any dispute relating to the interpretation or application of this Agreement which is not settled by negotiation shall, at the request of any Member Party to the dispute, be referred to the Council for decision.
2. When a dispute is referred to the Council under paragraph 1 of this article, the majority of Members, or several Members who hold at least one third of the total of votes, may request the Council to seek, after discussion of the matter and before making its decision known, the opinion of the advisory panel referred to in paragraph 3 of this article on the issues in dispute.
3. (a) Unless decided unanimously by the Council, the Advisory Committee shall consist of:
(i) two persons designated by exporting Members, one of whom has a great deal of experience in matters of the kind in dispute and the other has legal authority and experience;
(ii) two persons designated by importing Members according to the same criteria; and
(iii) a President unanimously chosen by the four persons appointed under subparagraphs (i) and (ii) or, in the event of disagreement, by the President of the Council.
(b) Nationals of countries that are Contracting Parties to this Agreement may serve on the Consultative Committee.
(c) The members of the advisory committee act in their personal capacity and without receiving instructions from any government.
(d) The expenses of the advisory committee are borne by the Organization.
4. The reasoned opinion of the advisory committee is submitted to the Commission, which resolves the dispute after taking into consideration all relevant data.
5. The Council shall decide on any dispute before it within six months of the date on which the dispute was submitted to it.
6. When a Member complains that another Member has not fulfilled its obligations under this Agreement, this complaint is, at the complainant's request, referred to the Council, which decides.
7. A Member may only be found guilty of an offence under this Agreement by a decision made by a single distributed majority of votes. Any finding of an offence to the Agreement by a Member must specify the nature of the offence.
8. If the Commission finds that a Member has committed an offence to this Agreement, it may, without prejudice to the other coercive measures provided for in other articles of the Agreement and by a decision taken by a divided two-thirds majority of the votes, suspend the right that the Member has to vote on the Council and the right that he has to vote for him or her to the Executive Committee, until he or she has discharged his or her obligations, or require his exclusion from 45.
9. A Member may request prior notice to the Executive Committee in the event of a dispute or complaint before the matter is considered by the Council.
CHAPTER XIII. - Final provisions
Rule 38
Signature
This Agreement shall be, from 18 April 1994 until 26 September 1994, inclusive, open, at the headquarters of the United Nations, for the signature of the Contracting Parties to the 1983 International Agreement on Café or the 1983 International Agreement on Café as extended and to the Governments invited to the sessions of the International Council of the Café during which this Agreement was negotiated.
Rule 39
Ratification, acceptance or approval
1. This Agreement shall be subject to ratification, acceptance or approval by the signatory governments in accordance with their constitutional procedure.
2. Except as provided for in Article 40, instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations no later than 26 September 1994. However, the Commission may grant extensions of time to signatory Governments that are unable to deposit their instruments before that date.
Rule 40
Entry into force
1. This Agreement shall enter into force on a final basis on 1 October 1994 if, at that date, governments representing at least 20 Exporting Members with at least 80 per cent of the votes of the Exporting Members, and at least 10 Members with at least 80 per cent of the votes of the Importing Members, as apportioned on 26 September 1994, have deposited instruments of ratification, acceptance or approval. On the other hand, this Agreement will enter into force definitively at any time after 1^er October 1994, if it is provisionally in force, in accordance with the provisions of paragraph 2 of this Article, and if the conditions for the percentage are met by the deposit of instruments of ratification, acceptance or approval.
2. This Agreement may enter into force provisionally on 1^er October 1994. For this purpose, if a signatory government or any other Contracting Party to the 1983 International Agreement on Café as extended shall notify the Secretary-General of the United Nations, who shall receive the notification no later than 26 September 1994, that he undertakes to apply the provisions of this Agreement on a provisional basis, in accordance with its laws and regulations, and to seek to obtain, as soon as permitted by its constitutional procedure, ratification, acceptance or approval thereof, A Government that undertakes to apply the provisions of this Agreement on an interim basis, in accordance with its laws and regulations, pending the deposit of an instrument of ratification, acceptance or approval, shall be considered provisionally a Party to this Agreement until the two dates closest: the deposit of its instrument of ratification, acceptance or approval, or on 31 December 1994 inclusively. The Commission may grant an extension of the period in which a government that temporarily applies this Agreement may deposit an instrument of ratification, acceptance or approval.
3. If this Agreement has not entered into force definitively or provisionally on 1^er October 1994, in accordance with the provisions of paragraph 1 or paragraph 2 of this Article, Governments that have deposited instruments of ratification, acceptance, approval or accession, or have sent notifications under which they undertake to apply provisionally the provisions of this Agreement, in accordance with their laws and regulations, and to seek ratification, acceptance or approval, may decide, by mutual agreement, that they enter into force. Similarly, if this Agreement has entered into force provisionally, but not definitively, on 31 December 1994, governments that have deposited instruments of ratification, acceptance, approval or accession, or that have made the notifications referred to in paragraph 2 of this Article, may, by mutual agreement, decide that it will continue to remain provisionally in force or that it will enter into force definitively between them.
Rule 41
Access
1. The Government of any State Member of the United Nations or Member of any of its specialized agencies may accede to this Agreement under the conditions fixed by the Council.
2. Instruments of accession shall be deposited with the Secretary-General of the United Nations. Membership takes effect at the time of deposit of the instrument.
Rule 42
Reservations
None of the provisions of this Agreement may be subject to reservations.
Rule 43
Application to designated territories
1. Any Government may, at the time of signature or deposit of its instrument of ratification, acceptance, approval, provisional application or accession, or at any time thereafter, notify the Secretary-General of the United Nations that this Agreement applies to any of the territories of which it provides international representation; the Agreement applies to territories designated in the notification from the date of notification.
2. Any Contracting Party that wishes to exercise, in respect of any territory of which it provides international representation, the right conferred on it by Article 5 or that wishes to authorize any of these territories to be part of a group A Member established under Article 6 may do so by addressing the Secretary-General of the United Nations, either at the time of the deposit of his instrument of ratification, acceptance, approval, provisional application or accession, or at any time thereafter, such notification.
3. Any Contracting Party that has made the declaration provided for in paragraph 1 of this article may, thereafter, notify the Secretary-General of the United Nations at any time that this Agreement ceases to apply to any territory that it designates; the Agreement ceases to apply to that territory from the date of notification.
4. When a territory to which this Agreement applies under paragraph 1 of this Article becomes independent, the Government of the new State may, within 90 days of its accession to independence, notify the Secretary-General of the United Nations that it has assumed the rights and obligations of a Contracting Party to the Agreement. It becomes a Contracting Party to this Agreement from the date of notification. The Commission may grant an extension of the deadline for making such notification.
Rule 44
Voluntary withdrawal
Any Contracting Party may withdraw from this Agreement at any time by notifying in writing its withdrawal to the Secretary-General of the United Nations. The withdrawal takes effect 90 days after receipt of the notification.
Rule 45
Exclusion
If the Council considers that a Member has committed an offence to its obligations under this Agreement, and if the Council further considers that this breach seriously impedes the operation of the Agreement, it may, by a two-thirds majority of the votes, exclude that Member from the Organization. The Council shall immediately notify the Secretary General of the United Nations of this decision. Ninety days after the Council's decision, this Member ceases to belong to the International Coffee Organization and, if that Member is a Contracting Party, to be a Party to the Agreement.
Rule 46
Liquidation of accounts in the event of withdrawal or exclusion
1. In the event of withdrawal or exclusion of a Member, the Board shall liquidate its accounts if applicable. The Organization shall retain the amounts already paid by that Member, who is also required to pay any amount that it owes to the Member on the effective date of the withdrawal or exclusion of the Organization; However, if it is a Contracting Party that cannot accept an amendment and, as a result, ceases to be a Party to the Agreement under Article 48, paragraph 2, the Council may liquidate the accounts in the manner that it considers fair.
2. A Member who has ceased to participate in this Agreement shall not be entitled to any share of the proceeds of liquidation or other assets of the Organization; Nor can it be charged any part of the Organization's potential deficit when the Agreement ends.
Rule 47
Duration and expiry or termination
1. This Agreement shall remain in force for a period of five years, until 30 September 1999, unless it is extended under paragraph 2 of this Article or terminated under paragraph 3 of this Article.
2. The Council may, by a decision taken by a majority of 58 per cent of the Members holding at least one distributed majority of 70 per cent of the total vote, decide that this Agreement will be the subject of further negotiations or will be extended, with or without amendment, for the time it determines. If a Contracting Party, or a territory that is a Member or is a member of a Member Group, has not notified or notified the Secretary-General of the United Nations of its acceptance of the new Agreement or of the Agreement extended on the date that the new Agreement or Agreement extended comes into force, that Contracting Party or that Territory ceases on that date to be a Party to the Agreement.
3. The Council may, at any time, by a decision taken by a majority of the Members holding at least a two-thirds majority of the total vote, decide to terminate this Agreement. Termination takes effect from the time the Council decides.
4. Notwithstanding the termination of the Agreement, the Council continues to exist as long as it is necessary to liquidate the Organization, clear its accounts and dispose of its assets; it has, during that period, the powers and functions that may be necessary for that purpose.
Rule 48
Amendments
1. The Council may, by a two-thirds majority vote decision, recommend an amendment to this Agreement to the Contracting Parties. This amendment takes effect 100 days after contracting parties representing at least 75 per cent of the exporting Members holding at least 85 per cent of the votes of the exporting Members, and Contracting Parties representing at least 75 per cent of the importing Members holding at least 80 per cent of the importing Members' votes, notified their acceptance to the Secretary-General of the United Nations. The Council shall set a time limit before the expiry of which the Contracting Parties shall notify the Secretary-General of the United Nations that they accept the amendment. If, upon expiry of this period, the conditions for the percentage required for the entry into force of the amendment are not met, it is considered to be withdrawn.
2. If a Contracting Party, or territory that is a Member or is a member of a Member Group, has not notified or notified its acceptance of an amendment within the time limit provided by the Council for that purpose, that Contracting Party or that territory shall cease to be a Party to this Agreement from the date on which the amendment enters into force.
Rule 49
Additional and transitional provisions
1. This Agreement is considered a continuation of the 1983 International Agreement on Café as extended.
2. In order to facilitate the continuous implementation of the 1983 International Coffee Agreement as extended:
(a) All measures taken pursuant to the 1983 International Agreement on Café, as extended, which are in force as at 30 September 1994 and whose effect is not specified to expire on that date, shall remain in force unless amended by the provisions of this Agreement; and
(b) All decisions to be taken by the Commission during the 1993/94 coffee year for application during the 1994/95 coffee year will be taken during the 1993/94 coffee year; they will be applied provisionally as if the Agreement had already entered into force.
Rule 50
Texts of the Agreement Faithful
The texts of this Agreement are equally authentic in English, French, and Portuguese. The originals are deposited with the Secretary-General of the United Nations.
In the belief that the undersigned, duly authorized to do so by their Government, have signed this Agreement on the dates on which they are signed.