ACT 189 OF 1995
Official Journal No 41879 of 6 June 1995
Through which the "Agreement Establishing the
Producing Countries Association approved Café "
signed in Brasilia on 24 September 1993. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the "Agreement Establishing the Association of Coffee Producing Countries
" signed in Brasilia on September 24
1993. AGREEMENT CREATION oF tHE ASSOCIATION oF COFFEE PRODUCING COUNTRIES PREAMBLE
the Coffee Producing Countries signatories of this Agreement, convinced that they must seek the legitimate recovery of its export products in the international market, without losing sight of interest consumer, and kept free from excessive fluctuations in farm income and foreign exchange revenue from the sale of these products;
Considering the importance of production and export of coffee account for a large núlero economy of developing countries;
Aware that cooperation Producing Countries overlooking the balance between supply and demand for coffee is required, and obtaining remunerative prices for Producing Countries;
Inspired by a common determination of these countries to ensure social progress and better living conditions of their peoples;
Determined to strengthen ties between the countries, through the creation of an organization of Coffee Producing Countries contributing to the achievement of the purposes stated;
Agreed as follows:
ASSOCIATION AND ITS OBJECTIVES
ARTICLE 1o. the Association of Coffee Producing Countries, APC is created.
. The Association shall have the following objectives:
a) Promote coordination of coffee policies among Members;
B) Promoting increased consumption of coffee in producing and consuming countries;
C) Find a balance between supply and world demand for coffee, with a view to obtaining fair and remunerative prices;
D) To promote the improvement of coffee quality;
E) Contribute to the development of producer countries and raising the living standards of their peoples;
F) Other activities related to the preceding paragraphs.
CHAPTER II. DEFINITIONS
ARTICLE 3o. For the purposes of this instrument are adopted the following definitions:
Agreement. The Agreement establishing the Association of Coffee Producing Countries.
Regulations. The regulations of the Association.
Association. The Association of Coffee Producing Countries.
Council. The Council of the Association of Coffee Producing Countries.
Committee. The Administrative Committee of the Association.
Member. A Contracting Party; Country participating in the Association or Group Member.
Simple majority. A majority of the votes cast by Members present and voting.
Two-thirds majority. A two-thirds majority of the votes cast by the members present and voting.
Coffee year. The period of one year from 1st. October to 30 September.
CHAPTER III. MEMBERS
. Members are: a) The signatory countries have accepted, approved or ratified this Agreement;
B) The coffee producing countries to adhere to this Agreement;
C) A Member Group consisting of countries that have acceded to this Agreement collectively.
Under this Agreement, any reference to a Member will also include the Inter-African Coffee Organization or any other intergovernmental organization with comparable responsibilities with regard to coffee matters. An intergovernmental organization of this nature is not entitled to vote, but in the case of matters within its competence shall be entitled to participate in discussions at all levels.
HEADQUARTERS AND STRUCTURE
The 5th ARTICLE. The Association will be based in the place designated by the Council.
. The structure of the Association is:
B) Administrative Committee;
C) Secretariat. CHAPTER V. COUNCIL
Article 7. The Council is the supreme authority of the association and will be composed of all members. Each Member shall appoint one representative on the Council and, if so desired one or more alternates. Each Member may also designate one or more advisers.
. There will be a Chairman, a First Vice President and three Vice-Presidents, who must be the quality of representatives of members of the four major coffee producing regions and are elected by the Board, for a period of two coffee years, all they can be reappointed for an additional period.
Article 9. The Administrative Committee shall consist of eight members to give adequate participation to countries and regions. The Council shall issue regulations on this matter.
Article 10. The Council shall elect a Chairman and Vice-Chairman of the Committee for a period of two coffee years.
CHAPTER VII. PERSONAL SECRETARY
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 establish the conditions of engagement of the Secretary General.
Article 12. The Secretary General shall serve as chief executive of the Association.
Article 13. The Secretary General, in the performance of their duties, subject to the provisions of this Agreement and the regulations and decisions of the Council and the Committee.
ARTICLE 14. The Secretary-General appoint employees and officials of the Association in accordance with the provisions issued by the Council.
ARTICLE 15. Neither the Secretary General nor staff members may have financial interests in production, industry, trade or transportation of coffee.
Article 16. In the exercise of his functions, the Secretary-General and the staff shall not seek or receive instructions from any Member or from any other authority external to the Association; and refrain from any action incompatible with the international nature of their duties.
ARTICLE 17. Each member undertakes to respect the exclusively international character of the responsibilities of the Secretary General and the staff shall not seek to influence them in the performance of their duties.
POWERS AND DUTIES OF THE BOARD
ARTICLE 18. The Council has all the powers necessary to be fulfilled the provisions of this Agreement shall administer those provisions and supervise the operations of the Association.
Article 19. The Council shall adopt the regulations necessary for the fulfillment of the objectives of the association and the effective operation of this and to implement its own resolutions and decisions.
ADMINISTRATIVE COMPETENCE OF THE COMMITTEE
Article 20. The Committee will report to the Council and act under the general direction of it.
ARTICLE 21. The Committee shall be responsible for the operations of the Association and shall ensure the efficient and proper conduct of affairs of this.
ARTICLE 22. The Committee may establish such committees and working groups needed to consider matters relating to the objectives of the Association.
Article 23. The Council may delegate to the Committee by two-thirds majority, the exercise of all or part of its powers other than those listed in Article 40.
Article 24. The Council may revokes all times, by a simple majority, any of the powers that have been delegated to the Committee. CHAPTER X.
ARTICLE 25. The Council will generally have a regular session of each coffee year. You may also have special sessions should it so decide.
Article 26. Likewise, will meet in special session convened by the Chairman or at the request of the Committee, or a number of members representing at least thirty percent of the vote.
ARTICLE 27. The convening of the sessions shall be notified twenty (20) days in advance at least, except in case of emergency.
ARTICLE 28. Unless the Council decides to the contrary, the sessions will be held at the headquarters of the Association.
Article 29. The Council may invite observers from other international organizations or government representatives from non-members to attend its meetings.
Article 30. The Committee shall meet by decision of the Committee itself or convened by the Chairman of the Board.
ARTICLE 31. The Committee shall usually meet at the headquarters of the Association, but may meet elsewhere.
VOTES AND REPRESENTATIONS
ARTICLE 32. Members will have a total of one thousand (1,000) votes.
Article 33. Each Member shall have five (5) basic votes, provided that the total of such votes will not exceed two hundred (200). If there is more than forty (40) members the number of basic votes of each member in order that the number of basic votes does not exceed the maximum of two hundred (200) adjusted accordingly.
ARTICLE 34. The remaining votes of Members shall be divided in proportion to the average volume of their respective exports of coffee to all destinations in the four most recent calendar years.
Article 35. The Council shall make the distribution of votes, in accordance with the provisions of this Chapter, at the beginning of each coffee year and shall remain in effect during that year, subject to the provisions of the following article.
Article 36. The Council shall arrange for the distribution of votes in accordance with the provisions of this Chapter, whenever you change the membership of the association, or the right to vote of a member is suspended or restore such right, under the provisions of this Agreement.
ARTICLE 37. No Member shall have more than two hundred fifty (250) votes. The votes are not divisible.
Article 38. A Member may authorize in writing another Member to represent its interests and to exercise its right to vote at any meeting of the Council on the terms specified in the authorization.