ACT 189 OF 1995
Official Journal No 41,879 of 6 June 1995
By means of which the " Creation Agreementis approved
Association of Coffee Producers Countries, subscribed to
Brasilia on September 24, 1993.
THE CONGRESS OF COLOMBIA,
Viewed the text of the " Association Creation Agreement
Coffee Producers ", subscribed in Brasilia on
September 24, 1993.
COFFEE PRODUCING COUNTRIES ASSOCIATION AGREEMENT
The Coffee Producers Parties to this Agreement, convinced that they must seek the legitimate valorization of their export products on the international market, without losing sight of the interest of the consumer, and keep free of excessive fluctuations in agricultural income and foreign exchange income from the sale of these products;
Considering the importance of coffee production and export to the economy of a large number of developing countries;
Aware that the cooperation of the Producing Countries is necessary with a view to the balance between the supply and demand for coffee, and the obtaining of remunerative prices for the Producing Countries;
Inspired by the common determination of these countries to ensure the social progress and better living conditions of their peoples;
Determined to strengthen the ties that bind these countries, through the creation of an organization of Coffee Producers that contributes to the achievement of the stated purposes;
The following are:
OF THE ASSOCIATION AND ITS OBJECTIVES
ARTICLE 1o. The Coffee Producers Association, APC, is created.
ARTICLE 2o. The Association will have the following objectives:
a) Promote the coordination of coffee policies among Members;
b) Promoting increased consumption of coffee in the producer and consumer countries;
c) Seek a balance between global coffee supply and demand, with a view to obtaining fair and remunerative prices;
d) Promote the enhancement of coffee qualities;
e) Contribute to the development of the Producing Countries and the raising of the standard of living of their peoples;
f) Other activities related to the above.
ARTICLE 3o. For the purposes of this instrument the following definitions are adopted:
Agreement. The Agreement establishing the Association of Coffee Producers Countries.
Regulations. The regulations of the Association.
Association. The Association of Coffee Producers Countries.
Tip. The Council of the Association of Coffee Producers Countries.
Committee. The Administrative Committee of the Association.
Member. A Contracting Party; Country participating in the Association, or Member Group.
Simple majority. A majority of the votes cast by the Members present and voters.
Two-thirds majority. A two-thirds majority of votes cast by members present and voters.
coffee Year. The one-year period of the 1st. from October to 30 September.
ARTICLE 4. Are Members: (a) Signatory countries that have accepted, approved, or ratified this Agreement;
(b) The Coffee Producing Countries that adhere to this Agreement;
(c) A Member Group consisting of countries which have collectively acceded to this Agreement.
Under this Agreement, any reference to a Member will also include the Inter-African Coffee Organization or any other intergovernmental organization with comparable responsibilities for coffee matters. An intergovernmental organization of this nature will not have the right to vote, but in the case of matters within its jurisdiction it will have the right to participate in discussions at all levels.
SEDE AND STRUCTURE
ARTICLE 5o. The Association shall have its seat in the place that the Council designates.
ARTICLE 6o. The structure of the Association is as follows:
b) Administrative Committee;
ARTICLE 7o. The Council is the supreme authority of the association and shall be composed of all members. Each Member shall appoint a representative to the Council and, if so wished, one or more alternates. Each Member may also appoint one or more advisers.
ARTICLE 8o. There will be a President of the Council, a First Vice President and three more Vice Presidents, who will have the quality of representatives of the four main coffee-producing regions. and will be elected by the Council itself, for a period of two coffee years, all of them will be able to be re-elected for an additional period.
ARTICLE 9o. The Administrative Committee shall be composed of eight Members in order to give appropriate participation to the countries and their regions. The Council will dictate rules on this matter.
ARTICLE 10. The Council shall elect a Chair and a Vice-Chair of the Committee for a period of two coffee years.
SECRETARY AND STAFF
ARTICLE 11. The Secretariat shall be chaired by the Secretary-General of the Association, who shall be appointed by the Council on the recommendation of the Administrative Committee. The Council shall lay down the conditions of employment of the Secretary-General.
ARTICLE 12. The Secretary General will serve as the chief executive of the Association.
ARTICLE 13. The Secretary-General shall, in the performance of his duties, be subject to the rules of this Agreement and the Regulations and decisions of the Council and the Committee.
ARTICLE 14. The Secretary-General shall appoint the employees and officials of the Association in accordance with the provisions laid down by the Council.
ARTICLE 15. Neither the Secretary-General nor the Members of staff may have financial interests in the production, industry, trade or transportation of coffee.
ARTICLE 16. In the exercise of their duties, the Secretary-General and the staff members shall neither seek nor receive instructions from any Member, nor from any authority outside the Association; and refrain from acting in a manner which is incompatible with the international character of their duties.
ARTICLE 17. Each of the Members undertakes to respect the exclusively international character of the functions of the Secretary-General and of the staff, and not to seek to influence them in the performance of his/her duties.
POWERS AND FUNCTIONS OF THE COUNCIL
ARTICLE 18. The Council has all the necessary powers to ensure that the provisions of this Agreement are complied with and shall supervise the operations of the Association.
ARTICLE 19. The Council will dictate the regulations necessary for the fulfilment of the objectives of the Association and the effective functioning of the Association, as well as to implement its own resolutions. and decisions.
ADMINISTRATIVE COMMITTEE COMPETENCE
ARTICLE 20. The Committee shall be subordinate to the Council and shall act under the general direction of the Council.
ARTICLE 21. The Committee shall be responsible for the operations of the Association and shall ensure the efficient and proper progress of the Association's affairs.
ARTICLE 22. The Committee may set up the committees and working groups necessary to examine matters relating to the objectives of the Association.
ARTICLE 24. The Council may revoke at any time, by a simple majority, any of the powers delegated to the Committee.
ARTICLE 25. The Council will normally have an ordinary session each year. It may also have special sessions if it so decides.
ARTICLE 26. In addition, it shall meet in extraordinary sessions, upon convocation by the President of the Council or at the request of the Committee, or by a number of Members representing at least thirty percent of the the votes.
ARTICLE 27. The convocation of the sessions will be notified twenty (20) days in advance at least, except in case of emergency.
ARTICLE 28. Unless the Council decides otherwise, the sessions will be held at the Association's headquarters.
ARTICLE 29. The Council may invite observers from other international organizations or representatives of governments of non-member countries to attend its meetings.
ARTICLE 30. The Committee shall meet by a decision of the Committee itself or by the President of the Committee.
ARTICLE 31. The Committee will usually meet at the headquarters of the Association, but it will be able to meet anywhere else.
VOTES AND REPRESENTATIONS
ARTICLE 32. Members will have a total of 1,000 (1,000) votes.
ARTICLE 33. Each Member will have five (5) basic votes, provided that the total of such votes does not exceed two hundred (200). If there are more than forty (40) Members, the number of basic votes of each Member shall be adjusted to ensure that the number of basic votes does not exceed a maximum of two hundred (200).
ARTICLE 34. The remaining Members ' votes will be distributed in proportion to the average volume of their respective coffee exports to all destinations in the most recent four calendar years.
ARTICLE 35. The Council shall carry out the distribution of the votes, in accordance with the provisions of this Chapter, at the beginning of each coffee year and that distribution shall remain in force for that year, reserve the provisions of the following Article.
ARTICLE 36. The Council shall arrange for the distribution of the votes in accordance with the provisions of this Chapter, each time the membership of the Association varies, or the right to be suspended of a Member's vote or such a right shall be restored, pursuant to the provisions of this Agreement.
ARTICLE 37. No Member may have more than two hundred and fifty (250) votes. The votes are not fractious.
ARTICLE 38. A Member may authorize another Member in writing to represent its interests and exercise its right to vote at any Council meeting on the terms specified in the authorisation.