Key Benefits:
DECREE NO. 4,089, OF January 15, 2002.
Promulgates the International Convention of the Café-AICafé/ 2001.
THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the job title of President of the Republic, using the assignment that gives him the art. 84, inciso VIII, of the Constitution;
Whereas the National Congress adopted the text of the International Coffee Convention-AICafé/ 2001 through the Legislative Decree no 354, of September 18, 2001;
Whereas the Convention entered into force, for Brazil, in 1o of October 2001, pursuant to paragraph 3o of its art. 45;
DECRETA:
Art. 1o The International Coffee Convention-AICafé/ 2001, apensa by copy to the present Decree, will be executed and fulfilled as entirely as it contains.
Art. 2o Are subject to the approval of the National Congress any acts that may result in revision of the aforementioned Convention, as well as any supplementary adjustments that, pursuant to art. 49, inciso I of the Constitution, carries charges or gravy commitments to the national heritage.
Art. 3o This Decree takes effect on the date of its publication.
Brasilia, 15 of January 2002; 181o of Independence and 114o of the Republic.
MARCO ANTONIO DE OLIVEIRA MACIEL
Osmar Vladimir Chohfi
INTERNATIONAL COFFEE CONVENIUM OF 2001
PREANGLE
The Governments signatories to the present Convmillennium,
Recognizing the exceptional importance of coffee for the economies of many countries that depend considerably on this product for their export earnings and, therefore, for the continuation of its economic and social development programs;
Recognizing the importance of the coffee shop sector for the livelihoods of millions of people, not least in developing countries, and taking into account that in many of these countries production takes place in small family properties;
Recognizing the need to foster the development of productive resources and to elevate and maintain employment and income levels in the sector Member countries ' coffee shop, and thus run for the achievement of fair wages, higher living standards and better working conditions;
Whereas a close international cooperation in the coffee trade fosters the economic diversification and development of coffee producing countries and will contribute to the improvement of political and economic relations between exporting and importing countries of coffee and to the increase in coffee consumption;
Recognizing the desirability of avoiding that between production and consumption there is dee-quequilibrium capable of causing sharp price fluctuations, harmful to producers and consumers;
Considering the relationship that exists between the stability of the coffee shop and the stability of the markets of manufactured goods;
Recognizing the advantages arising from the international cooperation that resulted from the application of the International Convêlations from the 1962 Café, from 1968, from 1976, from 1983 and from 1994,
Wake up the following:
CHAPTER I-GOALS
ARTICLE 1º
Objectives
The goals of the present Convmillennium are:
1º promote international cooperation on issues cafes;
2º provide a venue for consultations and, when timely, inter-city negotiations on coffee issues and on means of achieving a reasonable balance between world supply and demand, on bases to ensure, to consumers, the adequate supply of coffee at equestic prices and, to producers, markets for coffee at remunerative prices, and to contribute to a long-term balance between production and consumption;
3º provide a venue for consultations on coffee issues with the private sector;
4º facilitating the expansion and transparency of international coffee trade;
5º constitute a center for the collection, diffusion and publication of economic and technical information, statistical data and studies, as well as for research and development in the field of coffee, and to foster all these activities;
6º incentie the Members to develop a sustainable coffee shop economy;
7º promote, encourage and broaden coffee consumption;
8º propitiate analysis and advisement in the preparation of projects that benefit the world coffee economy, for subsequent presentation to donor agencies or funders, as appropriate;
9º fostering quality; and
10 fostering targeted information and training programs to assist the transfer to the Members of relevant technologies for coffee.
CHAPTER II-DEFINITIONS
ARTICLE 2º
Definitions
For the purposes of the present Convênio:
1º Coffee means the grain and the cherry of the coffee maker, whether in parchment, green or roasted, and includes the ground coffee, the decaffeinated, the liquid and the soluble. The Council, as soon as possible after the entry into force of the present Convium and, again, three years after such a date, will review the conversion factors applicable to the types of coffee enlisted in points (d, e, f and g below. After such a review, the Council, by a distributed majority of two thirds, shall determine and publish the appropriate conversion factors. Prior to the initial review, and should the Council not be able to reach a decision with respect to this issue, the conversion factors will be those used in the International Coffee Convium of 1994, which are enlisted in Annex I to the present Convennial. Observed these provisions, the terms enlisted below will have the following meanings:
a) green coffee means every coffee in the form of peeled grain before being toasted;
b) coffee in dry cherry means the dried fruit of the coffee maker; obtains the equivalent of the coffee in dried cherry in green coffee by multiplying the net weight of the coffee in dried cherry by 0.50;
c) coffee in parchment means the green coffee bean involved by the parchment; it obtains the equivalent of coffee in parchment in green coffee by multiplying the liquid weight of coffee in parchment by 0.80;
d) roasted coffee means the roasted green coffee in any grade, and includes ground coffee;
e) decaffeinated coffee means the green, roasted or soluble coffee, from which if you have extracted the caffeine;
f) liquid coffee means the particles obtained from the roasted coffee and dissolved in water; and
g) soluble coffee means the dehydrated, water-soluble particles, obtained from the torrid coffee.
2º Saca means 60 kilograms, or 132.276 pounds-weight, of green coffee; ton means a mass of 1,000 kilograms, or 2,204.6 pounds-weight; and libra-weight means 453.597 grams.
3º The coffee shop year means the period of one year, from 1º October to September 30.
4º Organisation and Council means, respectively, the International Coffee Organization and the International Coffee Council.
5º Contracting Party means the Government, or the organization intergovernmental to which reference subparagraph 3º of Article 4º, which has deposited its instrument of ratifi-cation, acceptance, approval or provisional application of the present Convium pursuant to Articles 44 and 45, or which has acceded to the present Conven pursuant to Rule 46.
6º Member means a Contracting Party; one or more designated territories with respect to which a separate declaration of participation has been made pursuant to Article 5º; or two or more Contracting Parties or designated territories, or both, which participate in the Organization as a Member Group pursuant to Article 6º.
7º Member exporting or exporting country means, respectively, a Member or country that is net exporter of coffee, that is, whose exports exceed imports.
8º importing Member or importing country means, respectively, a Member or country that is a net importer of coffee, i.e. whose imports exceed exports.
9º Simple distributed majority means a vote that requires more than half of the votes cast by the exporting Members present and voting and more than half of the votes cast by the importing Members present and voting, counted separately.
10 Distributed Majority of two-thirds means a vote that requires more than two-thirds of the votes cast by the exporting Members present and voting and more than two-thirds of the votes cast by the importing Members present and voting, counted separately.
11 Entry into force means, unless otherwise stipulated, the date on which the present Conven enters in force, be provisional or definitely.
CHAPTER III-GENERAL APPOINTMENTS OF THE MEMBERS
ARTICLE 3º
General Comments of the Members
1º Members commit to adopting the measures that are necessary to empower them to fulfill the obligations arising from the present Convenium and to cooperate fully with each other to ensure the achievement of the objectives of the present Convium; in particular, the Members undertake to provide all the information that is necessary to facilitate the functioning of the present Convenium.
2º Members recognize that Certificates of Origin are important sources of information about coffee trade. The exporting Members, therefore, undertake to ensure the appropriate issuance and use of Certificates of Origin in accordance with the regulations established by the Council.
3º Members recognize, in addition of this, what information about re-exports is also important for the appropriate analysis of the world's coffee economy. The importing Members, therefore, commit themselves to regularly provide accurate information on re-exports, in the form and in the manner that the Council establishes.
CHAPTER IV- Members
ARTICLE 4º
Organization Members
1º Each Contracting Party, together with the territories to which the present Conven applies in accordance with paragraph 1º of Article 48, shall constitute a single Member of the Organization, unless otherwise provided for in Articles 5º and 6º.
2º Member may pass from a category for another, under the conditions that the Council stipulates.
3º Every reference made to a Government in the present Conven shall be interpreted as extending to the European Community or any organization intergovernmental competence that has comparable competence to negotiate, conclude and apply international arrangements, in particular the convenians of basic products.
4º Such an intergovernmental organization will not have, itself, right to vote, but, should you vote on matters of your competence, you will have the right to vote collectively on behalf of your Member States. In such cases, the Member States of the inter-governmental organization shall not be able to individually exercise their voting rights.
5º Such an intergovernmental organization shall not be able to be elected to the Executive Board under the terms of the paragraph 1º of Article 17, but may participate in the debates of the Executive Board on matters of its competence. Should you vote on matters of your jurisdiction, and notwithstanding the provisions of paragraph 1º of Article 20, the votes that Member States are entitled to issue in the Executive Board may be issued collectively by any of these Member States.
ARTICLE 5º
Separate participation of designated territories
All Part Contractor that is a net importer of coffee may, at any time, upon notification provided for in paragraph 2º of Article 48, declare that it participates in the Organization separately from any of the territories by it designated to be net exporters of coffee, and for whose international relations that Contracting Party is responsible. In such a case, the metropolitan territory and the unassigned territories shall constitute a single Member, and the designated territories shall have separate participation as Members, either individually or collectively, as indicated in the notification.
ARTICLE 6º
Group participation
1º Two or more Contracting Parties that are net exporters of coffee will be able, upon appropriate notification to the Council and the Secretary-General of the United Nations, when depositing the respective instruments of ratification, acceptance, approval, provisional application or accession, declare that they participate in the Organization as Group-Member. The territory to which the present Conven applies in accordance with paragraph 1º of Article 48 may be part of such a Group-Member, if the Government of the State responsible for its international relations has made notification to this effect, in the terms of paragraph 2º of Article 48. Such Contracting Parties and designated territories shall meet the following conditions:
a) declare that they are willing to assume, individually and collectively, the responsibility for the obligations of the Group; and
b) subsequently present to the Board satisfactory evidence that:
i) the Group has the organization necessary to apply a common coffee shop policy, and they dispose, together with the other members of the Group, of the means to fulfill the obligations arising from the present Convium; and
ii) have a common or coordinated trade and economic policy with respect to coffee and a coordinated monetary and financial policy, as well as the organs necessary for the implementation of such policies, so that the Council will make sure that the Member Group is in a position to comply with the relevant collective obligations.
2º Every Member Group recognized under the terms of the 1994 International Coffee Congenie will continue to be recognized as a Group Member, unless it notifies the Council that no longer wishes to be recognized as such.
3º The Member Group will constitute a single Member of Organization, but shall, however, each of its members be treated individually, as a Member, with regard to the matters arising from the following provisions:
a) articles 11 and 12; and
b) Article 51.
4º The Contracting Parties and designated territories entering as the Member Group shall specify the Government or the organization that shall represent them in the Council on matters arising from the present Convium, except the specified in paragraph 3º of this article.
5º The voting rights of the Member Group shall be as follows:
a) the Member Group shall have the same number of basic votes as a Member country entering the Organization for individual title. These basic votes shall be assigned to the Government or the representative organization of the Group and issued by that Government or organization; and
b) in the case of a vote on any matter arising from the provisions of the paragraph 3º of this article, the members of the Member Group will be able to issue separately the votes to them allocated pursuant to paragraph 3º of Article 13, as if each of them were individually Member of Organi-zation, except as regards votes basic, which will continue to correspond solely with the Government or the representative organization of the Group.
6º Every Contracting Party or designated territory that is part of a Member Group may, upon notification to the Council, withdraw from that Group and become a Member on an individual basis. The withdrawal shall take effect from the moment the Council receives the notification. If one of the members of a Member Group withdraws from that Group or cees to no longer participate in the Organization, the remaining members of the Member Group may apply to the Board to maintain the Group, which will continue to exist, unless the Council does not approve the application. If the Member Group is dissolved, each of its members shall become a Member on an individual basis. The Member who has ceased to belong to a Member Group shall not be able to integrate into a group again for the duration of the present Convium.
7º Every Contracting Party wishing to participate in a Member Group after entry into vigour of the present Conven may do so by giving notice to the Council, on condition that:
a) the remaining Members of the Group declare themselves willing to accept the Member in question as a participant of the Group; and
b) notify the Secretary-General of the United Nations that he is a participant of the Group.
8º Two or more exporting Members will be able to, at any time after the entry into force of the present Conven, apply for the Council authorization to constitute themselves in Group-Member. The Council shall approve the application if it considers that the statement made by the Members and the evidence by them submitted meet the requirements of paragraph 1º of this article. Immediately after the approval, you will stay the Member Group subject to the provisions of paragraphs 3º, 4º, 5º and 6º of this article.
CHAPTER V-INTERNATIONAL COFFEE ORGANISATION
ARTICLE 7º
Sede and structure of
International Coffee Organization
1º The International Coffee Organization, established by the International Coffee Convium of 1962, will continue in existence in order to administer the application of the provisions of the present Convium and oversee its functioning.
2º The Organization shall be based in London, unless, by a distributed majority of two thirds, the Council decides otherwise.
3º The Organization will exercise its functions through the International Coffee Council and the Executive Board. These organs will be assisted, as appropriate, by the World Coffee Conference, the Private Sector Consultative Board, the Promotion Committee and specialized commissions.
ARTICLE 8º
Privileges and immunities
1º The Organization will have legal personality. It will be endowed, in particular, of the ability to firm contracts, acquire and divest movable and immovable property and demise in judgment.
2º The legal situation, privileges and immunities of the Organization, of the Chief Executive Officer, of the personnel and experts, as well as the representatives of Members who find themselves in the territory of the country-home for the purpose of carrying out their duties, will continue to be governed by the Seat Agreement concluded between the Government of the country-headquarters and the Organization on May 28, 1969.
3º The Sede Agreement referred to in paragraph 2o of this article is independent of the present Convium, and may, however, end:
a) by agreement between the Government of the country-headquarters and the Organization;
b) in the eventuality of the seat of the Organization being transferred from the territory of the Government of the country-sede; or
c) in the eventuality of the Organization cede to exist.
4º The Organization will be able to conclude with one or more Members other agreements, to be approved by the Council, concerning the privileges and immunities that are necessary for the proper functioning of the present Convium.
5º The Governments of the Member States, exceeding the Government of the country-headquarters, shall accord to the Organization the same facilities as those conferred upon the specialized agencies of the United Nations on monetary and foreign exchange restrictions, maintenance of accounts
banking and money transfer.
CHAPTER VI-INTERNATIONAL COFFEE COUNCIL
ARTICLE 9º
Composition of the International Coffee Council
1º The supreme authority of the Organization will be the International Coffee Council, comprised of all Members of the Organization.
2º Each Member shall designate to the Board a representative and, if so desired, one or more alternates, and may also appoint one or more aides to their representative or alternates.
ARTICLE 10
Powers and functions of the Council
1º The Council will be invested in all of the powers that are specifically conferred upon him by this Convhenium, and shall have the powers and shall perform the functions necessary for the execution of the provisions of this Convium.
2º The Council shall delegate to its President the task of whether certify, with the assistance of the Registry, of the validity of written communications that have been received with reference to the provisions of paragraph 2 of Article 9, paragraph 3 of Article 12 and paragraph 2º of Article 14. The President shall report to the Council.
3º The Council may constitute the committees or working groups it considers necessary.
4º The Council, by a distributed majority of two thirds, shall establish the necessary regulation of the implementation of the provisions of this Conven and with the same compatible, including its own internal regiment and the financial and personnel regulations of the Organization. The Council will be able to establish in its Regiment a process that will allow it, without meeting, to decide on specific issues.
5º The Council will keep the necessary documentation for the performance of the functions that this Convance to it assigns, and all too much documentation that it deems convenient.
ARTICLE 11
Chairman and Vice-Presidents of the Council
1º The Board shall elect, for each coffee shop year, a President and a first, a second and a third Vice-Presidents, who shall not be paid by the Organization.
2º As a general rule, both the President and the first Vice President will be elected among the representatives of the exporting Members, be it among the representatives of the importing Members, and the second and third Vice-Presidents shall be elected from among the representatives of the other category of Members. Such posts will be performed alternately, each and every coffee shop year, by Members of the two categories.
3º Neither the President, nor any of the Vice-Presidents in the exercise of the presidency, shall be entitled to vote. In such a case, the respective alternate shall exercise the voting rights of the Member.
ARTICLE 12
Sessions of the Council
1º As a general rule, the Council shall meet twice a year in ordinary session, and may meet in extraordinary sessions, if it so decides. Extraordinary sessions may also be concluded at the request of the Executive Board, be it from five Members, be it from one or several Members who have at least 200 votes. Council sessions will be convened in advance of at least 30 days, except in cases of emergency, when the convocation is to be made in advance of at least 10 days.
2º The sessions will be held at the headquarters of the Organization, unless, by a distributed majority of two thirds, the Council decides otherwise. If a Member invites the Council to meet on its territory, and the Council agrees, the Member shall bear the costs borne by the Organization that are beyond those of a session held at the head office.
3º The Council may invite any non-member country or any of the organisations mentioned in Article 16 a to participate in any of its sessions as an observer. Should such an invitation be accepted, the present country or organization will send a written communication in this regard to the President and, if so desired, may in his or her communication request permission to make statements to the Council.
4º The quorum to adopt decisions in a Council session will consist of the presence of more than half of the number of the exporting and importing Members who respectively have at least two-thirds of the votes of each category. If at the time marked the opening of a session of the Council or of any plenary meeting there is no quorum, the President should postpone the opening of the session or plenary meeting for a minimum of two hours. If there is still no quorum to the new hour fixed, the President may again postpone the opening of the session or plenary meeting for another two hours at the earliest. If at the end of this new adjournment there is still no quorum, the quorum required to adopt decisions will consist in the presence of more than half of the number of the exporting and importing Members who respectively have at least half of the votes from each category. The representation pursuant to paragraph 2º of Article 14 shall be deemed to be presence.
ARTICLE 13
Votes
1º The exporting Members shall jointly dishold 1,000 votes and the importing Members shall jointly disar from 1,000 votes, distributed among the Members of each of the categories-i.e., exporting Members and importers, respectively-as stipulating the following paragraphs of this article.
2º Each Member shall have five basic votes.
3º The remaining votes of the exporting Members shall be divided among such Members proportionally to the average volume of their respective coffee exports to all destinations in the preceding four calendar calendar years.
4º The remaining votes of the importing Members will be divided among such Members proportionally to the average volume of their respective coffee imports in the four preceding calendar years.
5º The distribution of votes will be determined by the Council, pursuant to this article, at the beginning of each coffee shop year, remaining in force during that year, except in the cases provided for in paragraph 6 o of this article.
6º Where any modification occurs in the number of Members of the Organization, or are suspended or reinstated, in the terms of Article 25 or 42, the voting rights of a Member, the Council shall redistribute the votes, pursuant to this article.
7º No Member shall be able to have more than 400 votes.
8º Will not admit to voting fraction.
ARTICLE 14
Voting procedure in Council
1º Each Member can issue all the votes available to you, but you will not be able to divide them. However, a Member will be able to issue differently the votes assigned to it under paragraph 2 of this article.
2º Every exporting Member may authorize another exporting Member, and every importing Member you will be able to authorize another importing Member to represent your interests and exercise your right to vote at any meeting or meetings of the Council. It shall not apply, in that case, the limitation provided for in paragraph 7 to that of Article 13.
ARTICLE 15
Council Decisions
1º Unless otherwise stipulated in the present Convium, all decisions and all recommendations of the Council shall be adopted by a simple distributed majority.
2º The Council's decisions which, provisions of the present Convium, require distributed majority of two thirds, shall comply with the following procedure:
a) if the motion does not obtain a distributed majority of two-thirds by virtue of the negative vote of three Members exporters or less, or of three importing Members or less, it will again be subject to voting within 48 hours, if the Council so decides by a majority of the Members present and by a simple distributed majority;
b) if, again, the motion does not obtain a distributed majority of two-thirds by virtue of the negative vote of one or two exporting Members, or of one or two importing Members, it shall again be submitted to the vote within 24 hours, if the Council so o decide by a majority of the Members present and by a simple distributed majority;
c) if the motion does not yet obtain a distributed majority of two-thirds in the third vote by virtue of the negative vote of only one exporting Member, or from only one importing Member, it will be deemed adopted; and
d) if the Board does not submit the motion the new vote, it will be deemed rejected.
3º Members commit to accepting as mandatory all decisions that the Council adopt by virtue of the provisions of the present Convium.
ARTICLE 16
Cooperation with other organizations
1º The Council will be able to take steps to consult and cooperate with the United Nations, its specialized agencies and other appropriate intergovernmental organizations, and should make the most of it of the opportunities that the Common Fund for Basic Products and other sources of funding offer you. Among these measures, they can count on the financial character that the Council judges timely to take for the realization of the objectives of the present Convian. However, with respect to the execution of any project that is carried out by virtue of such measures, the Organization will not contract financial obligations in consequence of guarantees given by Members or other entities. No liability may be charged to a Member of the Organization by virtue of his or her Member condition, by the loans granted or the loans taken by another Member or entity with respect to such projects.
2º When possible, the Organization will also be able to request Members, non-members and donor agencies and other agencies, information on projects and development programs centered on the cafeteric sector. Where appropriate, and with the annuence of the interested parties, the Organization shall be able to place such information at the disposal of such organizations and the Members.
CHAPTER VII-JUNTA EXECUTIVE
ARTICLE 17
Composition and meetings of the Executive Board
1º The Executive Board will be composed by eight exporting Members and eight importing Members, elected for each coffee shop year pursuant to Rule 18. The Members represented in the Executive Board will be able to be re-elected.
2º Each Member represented in the Executive Board shall appoint a representative and, if so desired, one or more suple ntes, and may also designate one or more aides to your representative or alternates.
3º The Executive Board will have a President and a Vice President, who will be elected by the Board for each coffee shop year and who will be able to be re-elected. None of the two will be remunerated by the Organization. Neither the President, nor the Vice-President in the exercise of the Chair, shall have the right to vote at the meetings of the Executive Board, by the respective deputy, in that case, to exercise the voting rights of the Member. As a general rule, the President and the Vice President for each coffee shop year shall be elected from among the representatives of the same Member category.
4º The Executive Board, under normal conditions, shall meet at the headquarters of the Organization, although it can meet in another place, if the Council so decides by a distributed majority of two thirds. In the event of acceptance, by the Council, of an invitation made by a Member for the Executive Board to convene on its territory, the provisions of paragraph 2º of Article 12 concerning Council sessions will also apply.
5º The quorum to adopt decisions at a meeting of the Executive Board will consist in the presence of more than half of the number of the exporting and importing Members elected to the Executive Board who respectively have at least two-thirds of the votes from each category. If at the scheduled time for the opening of an Executive Board meeting there is no quorum, the Chairman of the Executive Board is expected to postpone the opening of the meeting for a minimum of two hours. If there is still no quorum to the new hour fixed, the President may again postpone the opening of the meeting for another two hours at the earliest. If at the end of this new adjournment there is still no quorum, the quorum required to adopt decisions will consist in the presence of more than half of the number of the exporting and importing Members elected to the Executive Board who respectively have of at least half of the votes of each category.
ARTICLE 18
Election of the Executive Board
1º The Exporting members and importers of the Executive Board shall be elected at a session of the Board by the exporting and importing Members of the Organization, respectively. The election within each category shall comply with the provisions of the following paragraphs of this article.
2º Each Member shall vote in a single candidate, giving him all the votes that he or she possesses under Rule 13. A Member may confer on another candidate the votes that he / she possesses pursuant to paragraph 2 to that of Article 14.
3º The eight candidates who will receive the highest number of votes shall be elected, but no candidate shall be elected, in the first ballot, unless you have received a minimum of 75 votes.
4º If, in accordance with the stipulation in paragraph 3 of this article, fewer than eight candidates are elected in the first ballot, new ballots, of which only those Members who have not been voted in any of the elected candidates will participate. In each new ballot, the minimum of votes needed to be elected will decrease successively from five units, until the eight candidates have been elected.
5º The Member that there is no vote in any of the Members elect will assign their votes to one of them, respected the provisions of paragraphs 6º and 7º of this article.
6º Considerate that a Member has obtained the votes conferred upon him by being elected, as well as the votes that have him have been assigned, however, and no elected Member may receive more than 499 votes in total.
7º If the votes received by a Member surpass 499, the Members who in it have cast their votes, or the one he has assigned their votes to, will arrange with each other so that one or more will withdraw the votes and confirm them or transfer the another elected Member, so that none of the elected officials receive more than 499 votes.
ARTICLE 19
Competence of the Executive Board
1º The Executive Board will be accountable to the Board and will operate under its general direction.
2º The Board, by a distributed majority of two thirds, will be able to delegate to the Executive Board the exercise of any or all of its powers, with the exception of the following:
a) approval of the Administrative Budget and fixation of the contributions, pursuant to Rule 24;
b) suspension of voting rights of a Member, pursuant to Article 42;
c) decision of disputes, pursuant to Rule 42;
d) establishment of the conditions for accession, pursuant to Article 46;
e) decision of exclude a Member, pursuant to Rule 50;
f) decision regarding the negotiation of a new Convium, pursuant to Rule 32, or of the extension or termination of the present Convium, pursuant to Rule 52; and
g) recommendation for amendments to Members, pursuant to Rule 53.
3º The Council, at any time, by a simple distributed majority, may revoke any powers it has delegated to the Executive Board.
4º The Executive Board should examine the Administrative Budget project submitted by the Chief Executive Officer and submit it with recommendations to the Council's approval, draw up the Organization's annual work plan, decide on the administrative and financial matters reaching the operation of the Organization, with the exception of those reserved to the Council pursuant to paragraph 2o of this article, and to examine projects and programmes on coffee matters, which will be submitted to the approval of the Council. The Executive Board will submit report to the Council. The decisions of the Executive Board shall enter into force if no objection by a Member of the Council is received within the period of five working days from the submission of the Executive Board Report to the Council, or five working days from the distribution of the summary of decisions adopted by the Executive Board, if the Council does not convene in the same month as the Board of the Board meets. However, all Members shall have the right to appeal to the Board against any decision by the Executive Board.
5º The Executive Board may constitute the committees and working groups it deems necessary.
ARTICLE 20
Voting procedure on the Executive Board
1º Each Member of the Executive Board will be able to issue all the votes that it has received pursuant to paragraphs 6o and 7o of Article 18. No proxy voting will be allowed. It will not be allowed for the Members of the Executive Board to split their votes.
2º Every decision of the Executive Board will require a majority equal to that which would be necessary for the adoption of the decision by the Board.
CHAPTER VIII-PRIVATE CAFETERIC SECTOR
ARTICLE 21
World Coffee Conference
1º The Council will take action to, at appropriate intervals, hold a World Coffee Conference (hereinafter referred to as the "Conference"), which will be composed of exporting and importing Members, representatives of the sector private and other interested participants, including participants from non-member countries. The Council, in coordination with the President of the Conference, should ensure that the Conference will contribute to furthering the goals of the present Conven.
2º The Conference will have a President, who will not be remunerated by the Organization. The President shall be appointed by the Council for an appropriate period and shall be invited to participate in the meetings of the Council as an observer.
3º The Council shall decide on the form, title, thematic and epoch of the Conference, in consultation with the Private Sector Consultative Junta. The Conference, under normal conditions, shall be held at the headquarters of the Organization during the session of the Council. In the event of acceptance by the Board of invitation made by a Member to meet in its territory, the Conference may also be held in the said territory, and in that case the expenses that exceed those of a session held at the head office of the Organization should be covered by the country that acts as the host of the session.
4º Unless, by a distributed majority of two thirds, the Council decides otherwise, the Conference will be self-bankable.
5º The President of the Conference will report to the Council on the conclusions of each session.
ARTICLE 22
Private Sector Advisory Board
1º The Private Sector Advisory Board (hereinafter referred to as "JCSP") will be an advisory body with the power to make recommendations on any queries made by the Council and to invite the Council to appreciate issues relating to the present Conven.
2º The JCSP will be composed of eight representatives from the private sector of the exporting countries and eight representatives of the private sector of the importing countries.
3º JCSP members will be representatives of associations or bodies designated by the Council every two years cafeterers and will be able to be reassigned. The Council shall, in doing so, seek to designate:
a) two associations or bodies of the private sector of exporting countries or exporting regions representing each of the four coffee groups, preferably representing so much the coffeemakers as the exporters, along with one or more alternates for each representative; and
b) eight associations or private sector bodies from importing countries, be these Members or non-members, preferably representing both importers and roasters, along with one or more alternates for each representative.
4º Each member of JCSP will be able to appoint one or more advisors.
5º The JCSP will have a President and a Vice-President, who will be elected from among its members for a period of one year. The holders of these posts will be able to be re-elected. The President and the Vice-President shall not be remunerated by the Organization. The President will be invited to participate in the meetings of the Council as an observer.
6º The JCSP, under normal conditions, shall meet at the headquarters of the Organization during the ordinary sessions of the Council. In the event of acceptance by the Board of invitation made by a Member to meet in its territory, the JCSP will also meet in the said territory, and in that case the expenses borne by the Organization that exceed those of a meeting held at the headquarters of the Organization should be covered by the country or private sector body that acts as the host of the meeting.
7º The JCSP will be able to celebrate extraordinary meetings, depending on council approval.
8º A JCSP should submit reports to the Council on a regular basis.
9º The JCSP should establish its own rules of procedure, which should be compatible with the provisions of the present Convium.
CHAPTER IX-FINANCE
ARTICLE 23
Finance
1º The expenses of the delegations to the Board and representatives on the Executive Board or any of the committees of the Board or of the Executive Board shall be financed by the respective Governments.
2º The remaining expenses required by the administration of the present Conven shall be financed by annual contributions of the Members, fixed in accordance with Article 24, together with the proceeds from the sale of specific services to the Members and the sale of information and studies prepared in the terms of the articles 29 and 31.
3º The financial year of the Organization will coincide with the coffee shop year.
ARTICLE 24
Administrative Budget approval and
fixation of the contributions
1º During the second half of each financial year, the Council shall approve the Administrative Budget of the Organization for the following financial year and shall fix the contribution of each Member to that Budget. An Administrative Budget project will be prepared by the Chief Executive Officer under supervision of the Executive Board, pursuant to paragraph 4o of article 19.
2º The contribution of each Member to the Budget Administrative of each financial year shall be commensurate with the relationship that exists, on the date on which the Administrative Budget for the current financial year is approved, between the number of its votes and the total votes of all Members. If, however, at the beginning of the financial year for which the contributions were set out, there is some modification in the distribution of votes between the Members by virtue of the provisions of paragraph 5o of Article 13, the contributions corresponding to that exercise will be properly adjusted. To set the contributions, the number of votes of each Member shall be determined without taking into consideration the suspension of the voting rights of any Member or the redistribution of votes that it may result.
3º A initial contribution of any Member entering the Organization after the entry into force of the present Conven shall be fixed by the Council on the basis of the number of votes that correspond to it, and depending on the remaining period of the financial year in course, remaining, however, unchanged the contributions fixed to the other Members for that financial year.
ARTICLE 25
Payment of the contributions
1º Administrative Budget contributions of each financial year will be paid in freely convertible currency and chargeable on the first day of the financial year in appreciation.
2º If a Member is not fully paid his contribution to the Administrative Budget within six months from the date on which such a contribution is required, his voting rights, his right of election to the Executive Board and your right to use your votes in the Executive Board will be suspended until your contribution is paid in full. However, unless the Council so decides by a distributed majority of two thirds, such a Member shall not be deprived of any other right nor eximed from any of the obligations that correspond to it by virtue of the present Convium.
3º Members whose voting rights have been suspended pursuant to paragraph 2º of this article or pursuant to Rule 42 shall, however, remain responsible for the payment of their respective contributions.
ARTICLE 26
Financial responsibilities
1º The Organization, working in the way specified in the paragraph 3º of Article 7º, it will not be empowered to contract alhedous obligations to the scope of the present Convium, and it will not be understood that it has been authorized by the Members to do so; in particular, it will not be empowered to obtain loans. In the exercise of its power to hire, the Organization must enter into its contracts the provisions of this article, so that they are aware of the remaining parties that with it are hiring; however, the absence of such provisions in such contracts will neither invalidate them nor make them ultra vires.
2º The financial responsibilities of a Member will be limited to their obligations with respect to the contributions expressly stipulated in the present Convium. It will be understood that the third parties dealing with the Organization are aware of the provisions of the present Conven about the financial responsibilities of the Members.
ARTICLE 27
Verification and publication of the accounts
As early as possible, and at most six months after the closure of each financial year, a demonstration will be prepared, verified by external auditors, from the asset and liabilities and the revenue and expenditure of the Organization during the said financial year. This demonstration is to be submitted to the Board's approval at its next session.
CHAPTER X-EXECUTIVE AND PERSONAL DIRECTOR
ARTICLE 28
Director-Executive and personnel
1º The Board will assign the Chief Executive Officer. The respective conditions of employment shall be established by the Council and shall be analogous to those of employees of equal rank in similar intergovernmental organizations.
2º The Chief Executive Officer will be the chief administrative officer of the Organization, being responsible for the fulfillment of the functions that compete with him in the administration of the present Convium.
3º The Executive Director shall appoint the staff, in accordance with the regulations laid down by the Council.
4º Neither the Chief Executive Officer nor any employee is expected to have financial interests in industry, commerce or coffee transport.
5º In the exercise of their duties, the Chief Executive Officer and the personnel will neither request nor receive instructions from any Member, nor from any strange authority to the Orga-nization. They should refrain from acts that are incompatible with their condition of international officials, responsible solely before the Organization. Members undertake to respect the exclusively international character of the responsibilities of the Chief Executive Officer and personnel, and to not attempt to influence them in the performance of their duties.
CHAPTER XI-INFORMATION, STUDIES AND RESEARCH
ARTICLE 29
Information
1º The Organization will serve as the center for the compilation, exchange and publication of:
a) statistical information regarding production, prices, exports, imports and re-exports, to distribution and to the consumption of coffee in the world; and
b) in so far as the appropriate judging, technical information on the cultivation, processing and use of coffee.
2º The Council may ask the Members to information it deems necessary for its activities, including periodic statistical reports on production, trends in production, exports, imports, reexports, distribution, consumption, stocks and prices of coffee, as well as on the tax regime applicable to coffee, but it will not publish any information that allows you to identify the activities of people or companies that produce, industrialize, or market coffee. The Members, as far as possible, shall provide the requested information in the most thorough, punctual and precise manner that they can.
3º The Council shall establish an indicative pricing system, where the publication shall stipulate of an indicative daily compound price that reflects the actual conditions of the market.
4º If a Member is left to provide, or find difficulties in providing, within a reasonable time, statistical or other information, requested by the Council and necessary for the proper functioning of the Organization, the Council may request the Member that it be concerned to explain the reasons for non-observance. If it considers it necessary to provide technical assistance in the matter, the Council will be able to take the appropriate measures.
ARTICLE 30
Certificate of Origin
1º In order to facilitate the compilation of statistical data on international coffee shop trade and to ascertain the quantities of coffee that have been exported by each Member exporter, the Organization shall establish a system of Certificates of Origin, governed by regulation approved by the Council.
2º Every export of coffee made by an exporting Member shall be amped by a Certificate of Valid source. The Certificates of Origin shall be issued, in accordance with the regulations laid down by the Council, by a qualified agency, chosen by the Member and approved by the Organization.
3º All exporting Member shall communicate to the Organization the name of the governmental or nongovernmental agency chosen to perform the functions specified in paragraph 2o of this article. The Organization shall specifically approve non-government agencies in accordance with the regulations approved by the Council.
4º In exceptional character and with due justification, an exporting Member may submit application for permission, to be approved by the Council, so that the data provided in the Certificates of Origin about their exports is passed on to the Organization by alternative method.
ARTICLE 31
Studies and research
1º The Organization will promote the preparer of studies and research concerning the economics of production and distribution of coffee, the impact of government measures in the producing and consuming countries on coffee production and consumption, and the opportunities for the expansion of coffee consumption for traditional use and possible new uses.
2º With the aim of implementing the provisions of paragraph 1o of this article, the Council will adopt, in its second ordinary session of each coffee shop year, an annual program of studies and research, with the corresponding estimation of the required resources, prepared by the Executive Director.
3º The Council will be able to approve the Organization's participation in studies and research to be undertaken jointly or in cooperation with others organizations and institutions. In such cases, the Chief Executive shall present to the Board a circumstantial account of the necessary resources proceeding from the Organization and the partner or partners involved in the project.
4º The studies and research to be undertaken by the Organization pursuant to this article shall be financed by resources included in the Administrative Budget, prepared in accordance with paragraph 1o of Article 24, and shall be executed by the Organization staff and by consultants, as required.
CHAPTER XII-GENERAL PROVISIONS
ARTICLE 32
Preparations for a new Convmillennium
1º The Council will be able to examine the possibility of negotiating a new International Coffee Conven.
2º To fulfill this provision, the Council should examine the progress achieved by the Organization in the achievement of the objectives of the present Convium specified in Article 1º.
ARTICLE 33
Removing obstacles to consumption
1º Members recognize the vital importance of achieving, as soon as possible, the largest possible increase in coffee consumption, mainly through the gradual elimination of the obstacles that may hinder this increase.
2º Members recognize that certain measures currently in place may, to a greater or lesser degree, hinder the increase in coffee consumption, in particular:
a) certain import schemes applicable to coffee, inclusive preferential or other tariff rates, quotas, operations of government monopolies and official purchasing agencies, and other administrative and practical standards trade;
(b) certain export regimes, with respect to direct or indirect subsidies, and other administrative standards and commercial practices; and
c) certain conditions of marketing internal and certain national and regional legal and administrative provisions that may impair consumption.
3º Having present the above-mentioned objectives and the provisions of paragraph 4º of this article, Members shall endeavour to reduce the tariffs applicable to coffee or take other measures aimed at the removal of the obstacles to the increase in consumption.
4º taking into account their mutual interests, the Members undertake to seek the means necessary for the obstacles to the development of trade and consumption mentioned in paragraph 2o of this article can be progressively reduced and, finally, where possible, eliminated, or so that the effects of these obstacles are considerably mitigated.
5º Taking into account the commitments made in the terms of paragraph 4º of this article, Members shall annually communicate to the Council all measures that they adopt to comply with the provisions of this article.
6º The Executive Director shall periodically prepare a study on the obstacles to consumption, to be appreciated by the Council.
7º To promote the objectives of this article, the Council will be able to make recommendations to the Members, which, as early as possible, will report to the Advice on the measures they have adopted to implement these recommendations.
ARTICLE 34
Promotion
1º Members recognize the need to promote, encourage, and broaden the coffee consumption, and will strive to encourage the activities undertaken in this regard.
2º The Promotion Committee, which will be integrated by all Members of the Organization, will promote coffee consumption through the activities appropriate, among which information campaigns, research activities and studies regarding coffee consumption.
3º Such promotion activities will be funded by resources that will be able to be purchased-meted by Members, by non-members, by other organizations and by the private sector at meetings of the Promotion Committee.
4º Promotional-specific projects will also be able to be funded by voluntary contributions from the members, of non-members, of other organizations and the private sector.
5º The Board will establish separate accounts for the purposes of paragraphs 3º and 4º of this article.
6º The Promotion Committee will establish its own standards of procedure and shall lay down the relevant standards for the participation of non-members, other organizations and the private sector, in a manner compatible with the provisions of the present Convium. The Committee will report to the Council on a regular basis.
ARTICLE 35
Measurements regarding industrialized coffee
Members recognize that developing countries need to broaden the foundations of their economies by, inter alia, industrialization and export of manufactured goods, in this included the processing of coffee and the export of processed coffee, in the forms mentioned in points (d, e, f and g of paragraph 1o of Article 2o In that regard, Members shall avoid the adoption of government measures that may cause disturbance to the coffee shop sector of the other Members. It is recommended to Members to consult about the adoption of any such measure that may be interpreted as a threat of disruption. If such consultations do not lead to a mutually satisfactory solution, the parties will be able to resort to the procedures laid down in Articles 41 and 42.
ARTICLE 36
Mixtures and substitutes
1º Members will not keep in place any regulations that require the mixing, processing or use of other products with coffee, for resale commercial as coffee. Members shall endeavour to prohibit the sale and advertisement, under the name of coffee, of products containing less than the equivalent of 95% of green coffee as a basic raw material.
2º The Council will be able to request the any Member to adopt the necessary measures to ensure compliance with the provisions of this article.
3º The Executive Director shall submit to the Council a periodic report on compliance with the provisions of this article.
ARTICLE 37
Consultations and cooperation with the
Non-governmental organizations
Without prejudice to the provisions of Articles 16, 21 and 22, the Organization will maintain links with the appropriate non-governmental organizations that are concerned with international trade of coffee and with experts in coffeemaker affairs.
ARTICLE 38
Practices established from the coffee shop
Members will exercise their activities covered by the provisions of the present Conven in harmony with the established practices of the coffee shop and refrain from discriminatory character selling practices. In the exercise of these activities, we will strive to take into due consideration the legitimate interests of the coffeehouse sector.
ARTICLE 39
Sustainable coffee economy
Members will take into due consideration the sustainable manhandling of coffee resources and processing, taking into account the principles and objectives of the development sustainable that are shown in Agenda 21, adopted at the United Nations Conference on Environment and Development held in Rio de Janeiro in 1992.
ARTICLE 40
Life patterns and working conditions
Members will take into consideration the improvement of living standards and working conditions of the populations engaged in the sector coffee maker, in a compatible way with its stage of development, taking into account internationally recognized principles pertinent to these issues. In addition, Members agree that labor standards should not be used for protectionist commercial purposes.
CHAPTER XIII-QUERIES, DISPUTES AND COMPLAINTS
ARTICLE 41
Consultations
Every Member will welcome the representations that may be made by another Member on all matter related to the present Convium, and will provide appropriate opportunities for the realization of consultations to them concerning. In the course of such consultations, at the request of either party, and with the Assentiment of the other, the Chief Executive shall constitute an independent commission, which shall use its good offices to reconcile the parties. The expenses of that commission shall not be charged to the Organization. If one of the parties does not accept that the Chief Executive constitutes the commission, or if the consultations do not lead to a solution, the matter may be forwarded to the Council pursuant to Rule 42. If the consultations lead to a solution, it will be submitted report to the Chief Executive, which will distribute it to all Members.
ARTICLE 42
Litígios and complaints
1º All litigation concerning the interpretation or application of the present Conven that is not resolved by means of negotiations will be, at the request of any of the litiganed Members, subjected to the Council's decision.
2º Where a dispute is submitted to the Council pursuant to paragraph 1º of this article, the majority of the Members, or Members who have at least one third of the total number of the votes, may request that the Council, after debating the case and before making a decision, obtain the opinion of the advisory committee referred to in paragraph 3º of this article on the issues in dispute.
3º a) Unless the Council decide unanimously in another way, will integrate the advisory commission:
i) two persons designated by the exporting Members, one of them with great experience in matters of the type referred to in the dispute, and the other with authority and legal experience;
ii) two persons with identical qualifications, designated by the importing Members; and
iii) a President, chosen unanimously by the four persons designated under the provisions of the incisos i and ii, or, in the event of disagreement, by the President of the Council.
(b) Powers shall integrate the advisory commission citizens of countries whose Governments are Contracting Parties to the present Convenium.
c) The persons assigned to the advisory commission shall act on a personal basis and shall receive no instructions from any Government.
d) The expenses of the advisory commission shall be paid by the Organization.
4º The reasoned opinion of the advisory committee will be submitted to the Council, which will decide about the dispute, after considering all the relevant information.
5º Within the time limit of six months from the date on which the dispute is submitted to its assessment, the Council shall decide on the dispute.
6º Every complaint as to the failure to comply, on the part of a Member, of the obligations arising from the present Conven, shall, at the request of the Member who submits the complaint, be submitted to the Council, so that it shall decide on the matter.
7º Only by a simple distributed majority may be charged to a Member to the lack of fulfillment of the obligations arising from the present Convium. Any finding that demonstrates having the Member failed to comply with the obligations arising from the present Conven should specify the nature of the infringement.
8º If it considers that a Member has failed to comply with the obligations arising from the present Conven, may the Council, without prejudice to the other coercive measures provided for in other Articles of the present Convium, suspend, by a distributed majority of two thirds, the voting rights of that Member in the Council, as well as the right to issue its votes in the Executive Board, until the Member complies with its obligations, and may further decide, pursuant to Rule 50, to exclude that Member from the Organization.
9º Every Member may request the prior opinion of the Executive Board in any matter that is the subject of a dispute or complaint, before the matter is discussed by the Council.
CHAPTER XIV- FINAL PROVISIONS
ARTICLE 43
Signature
From 1º November 2000 a to September 25, 2001 inclusive, this Conven shall be open, at the headquarters of the United Nations, to the signing of the Contracting Parties of the International Convium of the 1994 Coffee or the International Coffee Convium of 1994 extended and of the Governments which have been invited to participate in the sessions of the International Council of the Café in which the present Convmillennium was negotiated.
ARTICLE 44
Ratification, acceptance or approval
1º The present Conven will be subject to ratification, acceptance or approval of the signatory Governments, in accordance with their respective processes constitutional.
2º Exceeding the provisions of Article 45, instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations until September 25, 2001. The Council may, however, decide to grant term extensions to signatory Governments that are seen to be unable to effect the said deposit by that date. Decisions in this direction shall be transmitted by the Council to the Secretary-General of the United Nations.
ARTICLE 45
Entry into vigour
1º The present Conven will definitely enter into force on day 1o of October 2001 if, on that date, the Governments of at least 15 exporting Members with at least 70% of the votes of the Members exporters and at least 10 importing Members with at least 70% of the votes of the importing Members, second calculation made on September 25, 2001, without reference to an eventual suspension pursuant to Articles 25 and 42, have deposited their instruments of ratification, acceptance or approval. Alternatively, the present Conven will definitely enter into force at any time after day 1o of October 2001, provided that it is provisionally in force pursuant to paragraph 2o of this article, and the instruments of ratification, acceptance or approval deposited meet the said percentage requirements.
2º The present Convian may provisionally enter into force on day 1º of October 2001. To that end, it shall be deemed to have the same effect as an instrument of ratification, acceptance or approval of the notification made by a signatory Government or by any of the Contracting Parties of the International Coffee Convium of 1994 extended, received by the Secretary-General of the United Nations until September 25, 2001, of which it commits to provisionally apply this new Conven, in accordance with its legislation, and to seek to obtain ratification, acceptance or approval the most early as possible, in accordance with its constitutional processes. The Government that commits to provisionally applying the present Conven, in accordance with its legislation, until the deposit of its instrument of ratification, acceptance or approval, shall be provisionally considered Part of the present Convium until June 30, 2002 inclusive, unless, prior to that date, it shall deposit the competent instrument of ratification, acceptance or approval. The Council may grant an extension of the period within which a Government that is applying the present Conven provisionally will be able to deposit its instrument of ratification, acceptance or approval.
3º If, on day 1º of October 2001, the present Conven has not entered into force, either definitive or provisionally, pursuant to paragraphs 1o or 2o of this article, the Governments that have deposited instruments of ratification, acceptance, approval or accession, or which have effected notifications by committing to provisionally apply the present Conven, in accordance with its legislation, and to obtain ratification, acceptance or approval, may, by mutual agreement, decide that the present Convênio will pass the invigoration among them. Similarly, should the present Conven have entered into force provisionally, but not definitively, on March 31, 2002, the Governments that have deposited instruments of ratification, acceptance, approval or accession, or effectuate the notifications mentioned in paragraph 2o of this article, will, by mutual agreement, be able to decide that, among them, the present ConvGenius will continue to invigorate provisionally or will henceforward definitively invigorate.
ARTICLE 46
Accession
1º The Government of any Member State of the United Nations or of any of its specialized agencies will be able to join to the present Conven, under the conditions the Council comes to establish.
2º The instruments of accession shall be deposited with the Secretary-General of the United Nations. The membership will vigorously apply from the deposit of the respective instrument.
ARTICLE 47
Reserves
None of the provisions of the present Convênio may be the object of reservations.
ARTICLE 48
Application of the Convium to territories designated
1º Every Government will be able, on the occasion of the signing or deposit of its instrument of ratification, acceptance, approval, provisional application or accession, or at any later date, to notify the Secretary-General of the United Nations that the present Conven applies to any territories for whose international relations it is responsible. The present Conven shall apply to the said territories as of the date of such notification.
2º Every Contracting Party wishing to exercise the rights that fall to it, pursuant to Article 5o, with respect to any of the territories by whose international relations it is responsible, or wishing to authorize one of those territories to participate in a Member Group constituted pursuant to Article 6º, may do so by notification in this direction to Secretary-General of the United Nations on the occasion of the deposit of its instrument of ratification, acceptance, approval, provisional application or accession, or at any subsequent date.
3º Every Contracting Party that has made declaration pursuant to paragraph 1º of this article may, at any subsequent date, by notification to the Secretary-General of the United Nations, declare that the present Conven cede to apply to the territory indicated in the notification. As of the date of that notification, the present Convium will cease to apply to such territory.
4º When a territory to which the present Conven is applied in the terms of paragraph 1o of this article becomes independent, the Government of the new State may, within 90 days after independence, declare, upon notification to the Secretary-General of the United Nations, that it assumes the rights and obligations of a Contracting Party of the present Convhenium. As of the date of the notification, such Government will become a Contracting Party to the present Convium. The Council may grant an extension of the time limit within which such notification can be made.
ARTICLE 49
Retreat voluntarily
Every Contracting Party may withdraw from the present Convium at any time by written notification to the Secretary-General of the United Nations. The withdrawal will become effective 90 days after receipt of the notification.
ARTICLE 50
Exclusion
The Council, by a distributed majority of two thirds, may exclude a Member of the Organization if it decides that such Member has infringed the obligations arising from the present Conven, and that such an infraction seriously damages the functioning of the present Convennial. The Council shall immediately notify that decision to the Secretary-General of the United Nations. Ninety days after the Council's decision, the Member shall cease to belong to the Organization and, if it is a Contracting Party, shall cease to be a Party to the present Convium.
ARTICLE 51
Liquidation of accounts with Members that if
withdraw or are deleted
1º The Board will establish the settlement of accounts with every Member that withdraws or is excluded. The Organization shall retain the importances already paid by the Member under consideration, who shall be obliged to pay any importances it owes to the Organization on the date on which such withdrawal or exclusion becomes effective; however, in the case of a Contracting Party not be able to accept an amendment and, consequently, cease to participate in the present Conven pursuant to paragraph 2o of Article 53, the Council may establish the settlement of accounts that it considers eequitative.
2º O Member who has ceased to participate in the present Conven shall not be entitled to any instalment resulting from the liquidation of the Organization or other havers of this, nor shall he be liable for the payment of any part of the deficit that may exist in the termination of the present ConvGenius.
ARTICLE 52
Vigance and termination
1º The present ConvGenius will remain in vigour for a period of six years, until September 30, 2007, unless it is extended pursuant to paragraph 2º of this article, or terminated pursuant to paragraph 3º of this article.
2º By majority of the votes of Members that represent at least the distributed majority of two thirds of the totality of the votes, the Council may decide to extend the present Conven beyond September 30, 2007, for successive periods not exceeding six years altogether. The Member who decides not to accept such an extension of the present Conven shall communicate its written decision to the Council and to the Secretary-General of the United Nations prior to the commencement of the extension period and shall cease to be Part of the present Convian a from the beginning of the extension period.
3º At any time, and by a majority of the votes of Members representing at least the distributed majority of two thirds of the totality of the votes, the Council may decide terminate the present ConvGenius and, if it so decides, shall set the date of the entry into force of its decision.
4º Notwithstanding the termination of the present Convium, the Council shall remain in existence for as long as it takes to take the decisions that require each other during the period of time necessary to settle the Organization, close its accounts and dispose of its havers.
5º Every decision taken with respect to the duration and / or termination of the present Convian and all notification received by the Council pursuant to this article should be duly transmitted to the Secretary-General of the United Nations by the Council.
ARTICLE 53
Amendment
1º The Council, by a distributed majority of two thirds, may recommend to the Contracting Parties an amendment to the present Convmillennium. The amendment will enter into force 100 days after there is the Secretary-General of the United Nations received notifications of acceptance of Contracting Parties representing at least 70% of the exporting countries with at least 75% of the votes of the Exporting members, and of Contracting Parties representing at least 70% of the importing countries with, at a minimum, 75% of the votes of the importing Members. The Council shall set the time limit within which the Contracting Parties are to notify the Secretary-General of the United Nations of their acceptance of the amendment. If, when the deadline expires, no percentages required for the entry into force of the amendment have been registered, this shall be deemed to be withdrawn.
2º Every Contracting Party that has not done, within the time limit set by the Council, the notification of acceptance of the amendment, and every territory that is Member or Member of a Group Member, and in whose name such notification has not been made up to that date, shall leave, as of the date on which the said amendment comes into force, to participate in the present Convium.
3º The Council should notify the Secretary-General of the United Nations every amendment that is distributed to the Contracting Parties in the terms of this article.
ARTICLE 54
Additional and transitional provisions
The following provisions will apply with reference to the International Coffee Convium of 1994, extended:
a) will continue to take effect unless modified by provisions of the present Convium, all the acts practiced by the Organization or on its behalf, or by any of its organs, on the basis of the 1994 International Coffee Convium extended, which are vigorating on September 30, 2001 and whose terms do not predict the expiration on that date; and
b) all the decisions that the Board should take, during the 2000/01 coffee shop year, for application in the 2001/02 coffee shop year, will be taken by the Council in the 2000/01 coffee shop year and applied, on an interim basis, as if the present ConvGenius was already in effect.
ARTICLE 55
Authentic texts of the Convian
The texts of the present Conven in Spanish, French, English and Portuguese are equally authentic. The Secretary-General of the United Nations shall be a depositary of the respective originals.
IN FÉ THAN, THE UNDERSIGNED, DULY AUTHORIZED BY THEIR RESPECTIVE GOVERNMENTS, have signed the present Conven on the dates that appear next to their subscriptions.
ANNEX I
CONVERSION FACTORS APPLICABLE TO TORRID COFFEE,
DECAF, LIQUID AND SOLUBLE, AS DEFINED IN THE
INTERNATIONAL COFFEE CONVENT OF 1994
Roasted coffee
Obtains the equivalent of the coffee roasted in green coffee by multiplying the net coffee weight
toasted for 1.19.
Coffee decaf
Obtains the equivalent of coffee decaffeinated in green coffee by multiplying the net weight of green coffee, roasted or soluble decaffeinated, respectively, by 1.00, 1.19 or 2.6.
Net coffee
Obtains the equivalent of the liquid coffee in green coffee by multiplying the liquid weight of the dehydrated particles, contained in the liquid coffee, by 2.6.
soluble coffee
Obtains the equivalent of the soluble coffee in green coffee by multiplying the net weight of the coffee
soluble by 2.6.
