233 OF 1995
Official Journal No. 42,162 of 26 December 1995.
By means of which the "International Convention of Coffee" was adopted, adopted in London on March 30, 1994.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "1994 International Coffee Agreement".
The signatory governments of this Convention.
Recognizing the exceptional importance of coffee to the economy of many countries that rely heavily on this product to obtain foreign currency and continue their economic and social development programs;
Recognizing the need to promote the development of productive resources and the increase and maintenance of employment and income levels in the coffee sector of the member countries, in order to achieve fair wages, a higher standard of living high and better working conditions;
Whereas close international cooperation in the field of coffee trade will promote economic diversification and development of coffee-producing countries, and contribute to improving political and economic relations between countries exporters and importers of coffee and to increase coffee consumption;
Recognizing the desirability of avoiding the imbalance between production and consumption, which can lead to marked price fluctuations, harmful to both producers and consumers;
Taking into consideration the relationship that exists between the stability of coffee trade and the stability of manufactured product markets;
Taking into account the advantages derived from international cooperation under the International Coffee Conventions of 1962, 1968, 1976 and 1983;
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The objectives of this Convention are:
1) Achieving the best international cooperation on global coffee issues;
2) Provide a forum for consultations, and where appropriate, intergovernmental negotiations on coffee issues and procedures aimed at establishing a reasonable balance between global coffee supply and demand, on a basis to ensure that consumers are adequately supplied with coffee at fair prices, and to producers markets for their coffee at remunerative prices, and that there is a long-term balance between production and consumption;
3) Facilitate the expansion of international coffee trade through the collection, analysis and dissemination of statistical data and the publication of indicative prices and other market prices, and thereby bring about the transparency of the economy global coffee maker;
4) Serving as a centre for the collection, exchange and publication of economic and technical information about coffee;
5) Promote studies and reports on coffee issues; and
6) Encourage and increase coffee consumption.
For the purposes of this Convention:
1) Coffee means the grain and cherry of the cafeto, either in parchment, green or toasted, and includes the ground coffee, decaffeinated, liquid and soluble. These terms mean:
a) Green coffee: all coffee in the form of peeled grain, before roasting;
b) Coffee in dry cherry: the dry fruit of the coffee. To find the equivalent of the dry cherry in green coffee, multiply the net weight of the dry cherry by 0.50;
c) parchment coffee: the green coffee bean contained within the parchment cover. To find the equivalent of the parchment coffee in green coffee, multiply the net weight of the parchment coffee by 0.80;
d) roasted coffee: roasted green coffee in any grade, and includes ground coffee. To find the equivalent of the roasted coffee in green coffee, multiply the net weight of the roasted coffee by 1.19;
e) Coffee decaffeinated: green, roasted or soluble coffee from which caffeine has been extracted. To find the coffee equivalent decaffeinated in green coffee, multiply the net weight of the decaffeinated green, roasted or soluble coffee by 1.00, 1, 19 or 2.6 respectively;
f) Liquid coffee: solid, water-soluble particles obtained from roasted coffee and put in liquid form. To find the equivalent of the liquid coffee in green coffee, multiply by 2.6 the net weight of the solid, dry particles contained in the liquid coffee; and
g) soluble coffee: solid, dry, water-soluble particles obtained from roasted coffee. To find the coffee equivalent soluble in green coffee, multiply the net weight of the soluble coffee by 2.6.
2) Saco: 60 kilograms or 132,276 pounds of green coffee; ton means a mass of 1,000 kilograms or 2,204.6 pounds, and pound stands for 453,597 grams.
3) Coffee year: the one-year period from 1 October to 30 September.
4) Organization and Council mean, respectively, the International Coffee Organization and the International Coffee Council.
5) Contracting Party: Government or intergovernmental organization, as referred to in Article 4 (3), which has deposited an instrument of ratification, acceptance, approval or provisional application of this Convention of Conformity with the provisions of Articles 39 and 40 or which has acceded to this Convention in accordance with the provisions of Article 41.
6) Member: a Contracting Party, a territory or designated territories that have been declared separate Members under Article 5, or two or more.
Contracting Parties or designated territories, or each other, participating in the Organization as a member group under Article 6.
7) Exporting member or exporting country: Member or country, respectively, which is a net exporter of coffee, i.e. whose exports exceed its imports.
8) Importer member or importing country: Member or country, respectively, which is net importer of coffee, i.e. whose imports exceed its exports.
9) Simple distributed majority: a vote for which more than half of the votes cast by the present and voting members are required and more than half of the votes cast by the importing Members present and voting, counted separately.
10) Two-thirds distributed majority: a vote requiring more than two-thirds of the votes cast by the present and voting members and more than two-thirds of the votes cast by the importing Members and voters, counted separately.
11) Entry into force: unless otherwise provided, the date on which this Convention enters into force, either provisionally or definitively.
12) Exportable production: the total coffee production of an exporting country in a given coffee or harvest year, minus the volume for domestic consumption in the same year.
13) Availability for export: the exportable production of an exporting country in a given coffee year, plus stocks accumulated in previous years.
GENERAL OBLIGATIONS FOR MEMBERS.
1) Members undertake to take the necessary measures to enable them to fulfil the obligations of this Convention and to cooperate fully with each other in order to achieve the objectives of this Convention, to provide all necessary information to facilitate the functioning of the Convention.
2) Members acknowledge that certificates of origin are an important source of information on coffee trade. The exporting members therefore undertake to ensure that certificates of origin are duly issued and used in accordance with the rules laid down by the Council.
3) Members acknowledge that information on re-exports is also important for the proper analysis of the world coffee economy.
The importing Members therefore undertake to provide regular and accurate information on re-exports in the form and manner of the Council.
1) Any Contracting Party, together with the territories to which this Convention extends under the provisions of Article 43 ordinal 1, shall constitute a single Member of the Organization, with the exception of Articles 5 and 6.
2) A member may modify its membership sector in accordance with the conditions laid down by the Council.
3) Any reference made in this Convention to the word government shall be interpreted as meaning that it includes a reference to the European Community or to an intergovernmental organization with comparable competence in respect of the negotiation, conclusion and implementation of international conventions, and in particular conventions on commodities.
4) An intergovernmental organisation of such a nature shall have no vote, but where it is voted on matters within its competence, it shall be empowered to place the votes of its Member States collectively. In that case, the Member States of that intergovernmental organisation shall not be entitled to exercise their right to vote individually.
5) An intergovernmental organization of such a nature may not be elected to integrate the Executive Board in accordance with the provisions of Article 17, but may participate in the discussions of the Executive Board on matters of their competence. In the event of a vote on matters falling within its jurisdiction, and without prejudice to the provisions of Article 20 (1), the votes which its Member States may be entitled to deposit with the Executive Board may be deposited collectively. by any of those Member States.
Any Contracting Party that is a net importer of coffee may at any time declare, by appropriate notification in accordance with the provisions of Article 43 ordinal 2, that it participates in the Organization separately from those of territories whose international relations are in their capacity as net exporters of coffee and which it designates. In such a case, the metropolitan territory and the non-designated territories shall constitute a single Member, and the designated territories shall be considered as distinct Members, individually or collectively, as indicated in the notification.
1) Two or more Contracting Parties that are net exporters of coffee may. by appropriate notification to the Council and the Secretary-General of the United Nations, at the time they deposit their respective instruments of ratification, acceptance, approval, provisional application or accession, to declare that they participate in the Organization as a member group. Any territory to which this Convention extends under the provisions of Article 43 (1) may be a part of that member group if the government of the State in charge of its international relations has made the appropriate notification to the effect, in accordance with the provisions of Article 43 ordinal 2. Such Contracting Parties and designated territories should meet the following conditions:
a) Declare your desire to assume individually and collectively the responsibility for the obligations of the group; and
b) To be successful before the Council:
i) That the group has the necessary organization to implement a common coffee policy, and that it has the means to fulfill, together with the other member countries of the group, the obligations imposed on them by this Convention; and
ii) They have a common or coordinated common or commercial policy on coffee and a coordinated monetary and financial policy, as well as the necessary organs for their implementation, so that the Council is assured that the Member may meet the expected group obligations.
2) Any Member Group which has been recognised under the 1983 International Coffee Agreement shall continue to be recognised as such unless it makes it known to the Council that it does not wish to continue to be subject to such recognition.
3) The member group shall be a single member of the Organization, with the exception that each member country shall be considered as an individual member for the issues raised in relation to the following provisions:
a) Articles 11 and 12; and
b) Article 46.
4) The Contracting Parties and designated territories entering as a single Member Group shall indicate the Government or organisation which shall represent them in the Council in the matters of this Convention, with the exception of those listed in ordinal 3 of the Article.
5) The voting rights of the member group shall be as follows:
(a) The member group shall have the same number of basic votes as an individual member country that enters the Organization in such quality. These basic votes shall be assigned to the Government or organization representing the group, and shall be deposited by that Government or organization; and
(b) In the case of a vote on any matter raised as regards the provisions listed in ordinal 3 of this Article, the members of the member group may deposit separately the votes assigned to them in the the provisions of Article 13 ordinal 3, as if each of them were an individual member of the Organization, with the exception of the basic votes, which will continue to correspond solely to the government or organization representing the group.
6) Any Contracting Party or designated territory participating in a Member group may, by notification to the Council, withdraw from that group and become a separate Member. Such withdrawal shall take effect when the Council receives the notification. If a member of a member group withdraws from the group or ceases to participate in the Organization, the other members of the group may request the Council to maintain the group and the group will continue to exist, unless the Council deny the request.
If the member group is dissolved, each of the parts that were part of the group will become a separate member. A Member who has ceased to belong to a Member group may not be a new member of a group while this Convention is in force.
7) Any Contracting Party wishing to become part of a Member group after the entry into force of this Convention may do so by notification to the Council, provided that:
a) The remaining members of the group are willing to accept the Member in question as part of the Member group; and that
b) Notify the Secretary-General of the United Nations of his participation in the group.
8) Two or more exporting members may request the Council, at any time after the entry into force of this Convention, to form a member group. The Council shall approve such a request if it finds that the Members have made the relevant declaration and have provided satisfactory evidence in accordance with requirements of ordinal 1 of this Article. Once the member group has been approved, it shall be subject to the provisions of ordinal 3, 4, 5 and 6 of this Article.
INTERNATIONAL COFFEE ORGANIZATION.
1) The International Coffee Organization, established under the 1962 International Coffee Agreement, will continue to exist in order to administer the provisions of this Convention and to supervise its operation.
2) The Organization will be based in London, unless the Council, by a two-thirds majority, decides otherwise.
3) The Organization shall perform its functions through the International Coffee Council. The Executive Board, the Executive Director and the staff.
1) The Organization shall have legal personality. It shall in particular enjoy the capacity to recruit, acquire and dispose of movable and immovable property and to initiate court proceedings.
2) The legal status, privileges and immunities of the Organization, its Executive Director, its staff and its experts, as well as the representatives of the Members as they are located in the territory of the United Kingdom of Great Britain. The United Kingdom and Northern Ireland in order to carry out their duties shall continue to be governed by the Agreement on the Headquarters concluded on 28 May 1969 between the Government of the United Kingdom of Great Britain and Northern Ireland (called the the host government) and the Organization.
3) The Agreement on the Headquarters referred to in ordinal 2 of this Article shall be independent of this Convention. It will end, however:
a) By agreement between the host government and the Organization;
b) In the event that the seat of the Organization ceases to be on the territory of the host government; or
c) In case the Organization ceases to exist.
The organization may agree with one or more other members other conventions, which shall require the approval of the Council, concerning the privileges and immunities that may be necessary for the proper functioning of this Convention.
5) The Governments of the Member States, with the exception of the host government, shall grant to the Organization the same facilities as are granted to the specialized agencies of the United Nations, in respect of monetary or exchange, maintenance of bank accounts and transfers of money.
INTERNATIONAL COFFEE BOARD.
1) The supreme authority of the Organization is the International Coffee Council, which is composed of all Members of the Organization.
2) Each Member shall appoint a representative in the Council and, if so wished. one or more alternates. Each Member may also appoint one or more advisers to its representative or alternates.
1) The Council is endowed with all the powers conferred by this Convention specifically, and has the powers and functions necessary to comply with the provisions of the Convention.
2) The Council shall establish a Commission of Credentials, which shall be responsible for examining written communications received by the President in relation to the provisions of Article 9 (2), Article 12 (3) and ordinal 2 of the Article 14. The Credentials Committee shall report its actions to the Council.
3) The Council may, in addition to the Committee on Credentials, create as many committees or working groups as it deems necessary.
4) The Council may. by a distributed majority of two thirds. to lay down the rules and regulations required to implement the provisions of this Convention, including its own rules of procedure and the financial regulations and personnel of the Organization. Such rules and regulations must be compatible with the provisions of this Convention. The Council may include in its regulation a provision allowing it to decide on certain matters without meeting in session.
5) In addition, the Council shall maintain the necessary documentation to perform its functions under this Convention, as well as any other documentation it deems appropriate.
1) The Council shall elect, for each coffee year, a first, second and third President and Vice-Presidents, who shall not be remunerated by the Organization.
2) As a general rule, the President and the first Vice-President shall be chosen from among the representatives of the exporting Members or from among the representatives of the importing Members, and the second and third Vice-Presidents shall be elected from representatives of the other sector of Members. These charges will be alternated each coffee year between one and another sector of Members.
3) Neither the President nor that of the Vice-Presidents acting as President shall have the right to vote. In such a case, the member shall exercise the right of vote of the member concerned.
1) As a general rule, the Council will have two regular sessions each year. It may also have special sessions, if so decided. Likewise, it shall meet in extraordinary sessions at the request of the Executive Board, of any five Members, or of a Member or Members representing at least 200 votes. The convocation of the sessions shall be served 30 days in advance, except in cases of emergency, in which the notification shall be effected at least 10 days in advance.
2) Sessions shall be held at the seat of the Organization unless the Council decides otherwise by a distributed majority of two-thirds. If a Member invites the Council to meet on its territory, and the Council so agrees, the Member concerned shall bear the additional costs which this would entail in excess of those which would arise if the session was held in the Member State concerned. location.
3) The Council may invite any non-member country or any of the organizations referred to in Article 16 to attend any of its sessions as an observer. In the event that such an invitation is accepted, the country or organisation concerned shall communicate its acceptance in writing to the President. In such communication it may. if you so wish, ask for permission to make statements to the Council.
4) The quorum required for a Council session shall be the presence of more than half the number of exporting Members representing at least two-thirds of the votes of all the exporting Members, and more than half the number of importing Members representing at least two-thirds of the votes of all the importing Members. If, at the time of the opening of a session of the Council or of a plenary session, there is no quorum, the President shall postpone the opening of the session or the plenary session for at least three hours. If there is no quorum at the new time set, the President may postpone the opening of the session or the plenary session again for at least three hours. If there is no quorum at the end of that new adjournment, the quorum for initiating or resuming the session or the plenary session shall be constituted by the presence of more than half the number of exporting members representing the less than half of the votes of all the exporting members, and of more than half the number of importing Members representing at least half of the votes of all the importing Members. Members represented in accordance with the provisions of Article 14 (2) shall be considered to be present.
1) The exporting members shall have a total of 1,000 votes and the importing Members shall also have a total of 1,000 votes, distributed among each sector of Members-that is, exporting members and importing members, respectively- as provided in the following ordinals of this Article.
2) Each member shall have five basic votes.
3) The remaining votes of the exporting members shall be distributed among those Members in proportion to the average volume of their respective coffee exports to all destinations in the previous four calendar years.
4) The remaining votes of the importing Members shall be distributed among those Members in proportion to the average volume of their respective coffee imports during the previous four calendar years.
5) The Council shall distribute the votes in accordance with the provisions of this Article at the beginning of each coffee year and shall remain in force for that year, subject to the provisions of the ordinal 6 of the Article.
6) The Council shall arrange for the redistribution of votes in accordance with the provisions of this Article, each time the membership of the Organization varies, or the right to vote of any Member is suspended or re-established. by virtue of the provisions of Article 23 or 37.
7) No Member may have more than 400 votes.
8) Votes are not fractious.
1) Each Member shall have the right to use the number of votes it holds, but shall not divide them. The Member may, however, use in a different manner the votes held by him pursuant to the provisions of the ordinal 2 of this Article.
2) Each exporting member may authorise another exporting member, and any importing member may authorise another importing member to represent its interests and exercise its right to vote at any meeting of the Council. The limitation provided for in Article 13 (7) shall not apply in this case.
1) Unless otherwise provided for in this Convention, the Council shall take all decisions and make all its recommendations by a simple distributed majority.
2) In respect of any decision of the Council which, under the provisions of this Convention. requires a two-thirds distributed majority, the following procedure shall apply:
(a) If a two-thirds distributed majority is not achieved due to the negative vote of three or fewer exporting members or three or fewer importing Members, the proposal shall be put to the vote within 48 hours, if the Council so does. decides by a majority of the Members present and by simple majority distributed;
b) If the second vote is not achieved either a two-thirds distributed majority due to the negative vote of two or fewer exporting members or two or fewer importing Members the proposal will be put to the vote again within 24 months. hours, if the Council so decides by a majority of the Members present and by simple majority distributed;
(c) If a two-thirds distributed majority is not achieved in the third vote due to the negative vote of an exporting or importing Member, the proposal shall be deemed to have been approved; and
d) If the Council does not submit the proposal to a new vote, it shall be deemed rejected.
3) Members undertake to accept as compulsory any decision taken by the Council under the provisions of this Convention.
1) The Council may take measures for consultation and collaboration with the United Nations and its specialised agencies, as well as with other appropriate intergovernmental organisations. It will be worth the most of the opportunities offered by the Common Fund for Basic Products. Such measures may include those of a financial nature which the Council considers appropriate for the achievement of the objectives of this Convention. However, and in respect of the implementation of projects under these measures, the Organization shall not contract any kind of financial obligations by guarantees given by a Member or Members or by other entities. No Member shall, by reason of membership of the Organization, incur any obligation arising from loans received or granted by any other Member or entity in connection with such projects.
2) Whenever possible, the Organization may also gather from the Members, non-member countries and donor and other entities, information about projects and development programs focused on the coffee sector. The Organization may, if appropriate, and with the consent of the parties concerned, provide such information to such organizations as well as to the Members.
1) The Executive Board shall be composed of eight exporting members and eight importing Members, elected for each coffee year in accordance with the provisions of Article 18. Members represented on the Executive Board may be re-elected.
2) Each of the Members represented on the Executive Board shall appoint a representative and, if so wished, one or more alternates. Each Member represented on the Executive Board may, in addition, designate one or more advisers to its representative or alternates.
3) The Executive Board shall have a President and a Vice-President, elected by the Council for each coffee year and who may be re-elected. Holders of those charges will not be paid by the Organization. The President shall not have the right to vote at the meetings of the Executive Board, nor shall the Vice President have the right to vote when he performs the duties of President. In such cases they shall exercise the members ' voting rights. As a rule, the President and the Vice President for each coffee year will be elected among the representatives of the same sector of Members.
4) The Executive Board shall meet as a general rule at the headquarters of the Organization, but may meet in any other place if the Council so decides by a two-thirds majority. Should the Council accept the invitation of a Member to hold a series of meetings of the Executive Board in the territory of the Executive Board, the provisions of Article 12 (2) ordinal 2 shall also apply concerning periods of meetings of the Council.
5) The quorum required for a meeting of the Executive Board shall be the presence of more than half the number of exporting Members representing at least two-thirds of the votes of all the exporting Members. elected to integrate the Executive Board, and more than half the number of importing Members representing at least two-thirds of the votes of all the importing Members elected to join the Executive Board. If at the beginning of a meeting of the Executive Board there is no quorum, the President shall postpone the beginning of the meeting for at least three hours. If there is no quorum at the new time set, the President may postpone the beginning of the meeting again for at least three hours. If there is no quorum at the end of that further delay, the quorum for initiating the meeting shall be constituted by the presence of more than half the number of exporting members representing at least half of the total votes cast. of the exporting members elected to integrate the Executive Board, and of more than half the number of importing Members representing at least half of the votes of all the importing Members elected to integrate the Executive Board.
1) The exporting and importing members of the Executive Board shall be elected to the Council by the exporting members and importers of the Organization. The choice within each sector shall be made in accordance with the provisions of the following ordinals of this Article.
2) Each Member shall deposit in favour of a single candidate all the votes to which he is entitled under the provisions of Article 13. A Member may deposit the votes it holds under the provisions of Article 14 (2) by another candidate.
3) The eight candidates who receive the highest number of votes will be elected; however, no candidate who receives less than 75 votes will be elected on the first ballot.
4) Where, in accordance with the provisions of ordinal 3 of this Article, fewer than eight candidates are elected on the first ballot, new votes shall be taken in which only Members who do not vote shall be entitled to vote. have voted for any of the candidates elected. In each new vote, the minimum number of votes required will be reduced successively by five units, until the eight candidates are elected.
5) Any member who has not voted for one of the elected Members shall transfer their votes to one of them, subject to the provisions of ordinal 6 and 7 of this Article.
6) A member shall be deemed to have received the number of votes cast in his favour at the time of his election and, in addition, the number of votes passed to him, but no elected member shall be able to obtain more than 499 votes in total.
7) If it is recorded that one of the elected Members has received more than 499 votes, the Members who have voted or passed their votes in favour of the elected Member shall agree that one or more of the Members shall withdraw their votes and pass them or redistribute in favour of another elected member, so that none of them receives more than the maximum of 499 votes.
1) The Executive Board shall be accountable to the Council and shall act under the general direction of the Board.
2) The Council may delegate to the Executive Board by a distributed majority of two-thirds the exercise of all or part of its powers, except those listed below:
(a) The approval of the Administrative Budget and the determination of contributions in accordance with the provisions of Article 22;
(b) The suspension of the voting rights of a Member, as provided for in Article 37;
c) The decision of disputes, as provided for in Article 37;
(d) The establishment of the conditions of accession in accordance with the provisions of Article 41;
e) The decision to exclude a Member, based on the provisions of Article 45;
f) The decision on the renegotiation of the extension or termination of this Convention, as provided for in Article 47; and
g) The recommendation for amendments to Members as provided for in Article 48.
3) The Council may revoke at all times, by a simple majority distributed, any of the powers delegated to the Executive Board.
4) The Executive Board shall appoint a Finance Committee which, in accordance with the provisions of Article 22, shall be responsible for supervising the preparation of the Administrative Budget to be submitted for the approval of the Council and carry out any other tasks entrusted to it by the Executive Board, including the monitoring of revenue and expenditure.
The Finance Committee will report its actions to the Executive Board.
5) The Executive Board may, in addition to the Finance Committee, create as many other commissions or working groups as it deems necessary.
1) Each Member of the Executive Board shall be entitled to deposit the number of votes it has received under the provisions of Articles 6 and 7 of Article 18. Voting by delegation will not be permitted. No Member of the Executive Board shall have the right to divide their votes.
2) The decisions of the Executive Board shall be taken by the same majority as may be required in the case of adoption by the Council.
1) The expenses of the delegations to the Council, and of the representatives to the Executive Board, or to any of the committees of the Council and the Executive Board, shall be addressed by their respective governments.
2) Other expenses necessary for the administration of this Convention shall be addressed by annual contributions of the Members, determined in accordance with the provisions of Article 22, together with the proceeds from the sale for specific services to Members and for the sale of information and studies originating in accordance with Articles 27 and 29.
3) The economic year of the Organization will coincide with the coffee year.
1) 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. The Administrative Budget shall be drawn up by the Executive Director and audited by the Finance Committee in accordance with the provisions of Article 19 ordinal 4.
2) Each Member's contribution to the Administrative Budget for each financial year shall be proportional to the ratio that exists, at the time of the approval of the Administrative Budget for that financial year, between the number of its votes and all the votes of all Members. However, if the distribution of votes among Members is modified, in accordance with the provisions of Article 13 (5), at the beginning of the financial year for which the contributions are to be fixed, the contributions for that year shall be adjusted. exercise as appropriate. In determining the contributions, the votes of each of the Members shall be calculated without regard to the suspension of the voting rights of any of the Members or the possible redistribution of votes resulting from this.
3) The initial contribution of any Member who enters the Organization after the entry into force of this Convention shall be determined by the Council on the basis of the number of votes corresponding to it and the non-elapsed period of the financial year (a) the current economic situation, but in no case shall the contributions fixed to the other Members be amended for the financial year in question.
1) Contributions to the Administrative Budget for each financial year shall be paid in freely convertible currency, and shall be payable on the first day of that financial year.
2) If any member does not pay his full contribution to the Administrative Budget within six months of the date on which it is due, his or her right to vote shall be suspended in the Council and the right to have their votes cast on the Executive Board, until such contribution has been paid. However, unless the Council decides by a distributed majority of two-thirds, that Member shall not be deprived of any of its other rights and shall not be exempted from any of the obligations imposed on it by this Convention.
3) No Member whose voting rights have been suspended, either by virtue of the provisions of ordinal 2 of this Article or by virtue of the provisions of Article 37, shall be relieved of the payment of his contribution.
(1) The Organization, in the performance of its functions in accordance with the provisions of Article 7 (3), shall not be entitled to contract any obligation outside the scope of this Convention, and shall not be understood to have been authorized to to do so by the Members; in particular, it will not be able to obtain loans. In exercising its capacity to contract, the Organization shall include in its contracts the terms of this Article in such a way as to be brought to the attention of the other parties which have concluded contracts with the Organization, but the fact that it does not include such terms will not invalidate such a contract or make it understood that it has been concerted ultra vires.
2) The financial liability of any Member shall be limited to its obligations as regards the contributions expressly provided for in this Convention. Third parties dealing with the Organization shall be understood to be aware of the provisions of this Convention on the financial responsibility of Members.
As soon as possible after the closure of each financial year, and no later than six months after that date, it shall be submitted to the Council., for approval and publication, a statement of accounts, certified by external auditors, of the Revenue and expenditure of the Organization during that economic year.
THE EXECUTIVE DIRECTOR AND STAFF.
1) The Executive Director shall be appointed by the Council on the recommendation of the Executive Board. The Council shall lay down the conditions of employment of the Executive Director, which shall be similar to those for officials of the same category in similar intergovernmental organisations.
2) The Executive Director shall be the head of the administrative services of the Organization and shall assume responsibility for the performance of any duties incumbent upon him in the administration of this Convention.
3) The Executive Director shall appoint the officials in accordance with the regulations established by the Council.
4) Neither the Executive Director nor the officials may have financial interests in the coffee industry, trade or transport.
5. In the performance of their duties, the Executive Director and the staff shall not request or receive instructions from any Member or any authority outside the Organization. They shall refrain from acting in such a way as to be incompatible with their status as international officials responsible solely to the Organization. Each of the Members undertakes to respect the exclusively international character of the functions of the Executive Director and the staff, and not to seek to influence them in the performance of such functions.
INFORMATION, STUDIES, AND REPORTS.
1) The Organization shall act as a centre for the collection, exchange and publication of:
a) Statistical information on production, prices, exports and imports, distribution and consumption of coffee in the world; and
(b) Technical information on the cultivation, processing and use of coffee as deemed appropriate.
2) The Council may ask Members to provide it with the information it deems necessary for its operations, including regular statistical reports on production, production trends, exports and imports, distribution, consumption, stocks and prices of coffee, as well as the tax regime applicable to coffee, but no information could be published that could serve to identify the operations of people or companies that produce, or market the coffee. The Members shall provide the requested information in the most detailed and precise manner possible.
3) The Council shall establish an indicative price system, in which the publication of a daily composite indicative price shall be stipulated.
4) If a member shall cease to supply, or have difficulty in supplying, within a reasonable time, statistical data or other information required by the Council for the proper functioning of the Organization, the Council may require that explain the reasons for the lack of compliance. If it is found that technical assistance is needed in the matter, the Council may take any action required in this respect.
1) In order to facilitate the collection of international coffee trade statistics and to know exactly the quantities of coffee that were exported by each of the exporting members, the Organization shall establish a system of certificates of origin. which shall be governed by the rules adopted by the Council.
2) Any export of coffee made by an exporting member must be covered by a valid certificate of origin. Certificates of origin shall be issued, in accordance with the rules laid down by the Council, by a competent body to be chosen by the Member concerned and approved by the Organization.
3) Any exporting member shall communicate to the Organization the name of the body, government or non-governmental, which shall perform the functions described in ordinal 2 of this Article. The Organization shall specifically approve non-governmental bodies in accordance with the rules adopted by the Council.
1) The Organization will promote the development of studies and reports on the economy of coffee production and distribution, the impact on coffee production and consumption of government measures adopted in countries producers and consumers and opportunities for the expansion of coffee consumption for traditional uses and possible new uses.
2) In order to implement the provisions of the ordinal 1 of this Article, the Council shall, at its second regular session of each year, approve an annual programme of studies and reports to be carried out with the a corresponding estimate of the resources required for this, drawn up by the Executive Director.
3) The Council may give its approval to the Organization to undertake studies and reports jointly with or in collaboration with other organizations and entities. In such cases, the Executive Director shall give detailed account to the Board of the resources that would be required by the Organization and by the entity or entities associated with the project.
4) Studies and reports which the Organization promotes under the provisions of this Article shall be financed from the resources entered in the Administrative Budget drawn up in accordance with the provisions of the Article 22 (1), and shall be carried out by the staff of the Organization and by specialist advisers, as necessary.
The Council will be able to examine the possibility of negotiating a new International Coffee Agreement, and even a Convention which could include measures aimed at establishing a balance between the supply and demand for coffee, and the adoption of measures. which it considers appropriate.
1) Members recognise the vital importance of achieving as soon as possible the greatest possible increase in coffee consumption, in particular by progressively reducing any obstacles that may be opposed to such an increase.
2) Members acknowledge that there are currently provisions in place that may, to a greater or lesser extent, oppose the increase in coffee consumption and in particular:
(a) The import arrangements applicable to coffee, including preferential or other tariffs, quotas, operations of state monopolies and official purchasing entities, and other rules administrative and business practices;
(b) Export regimes, as regards direct or indirect subsidies and other administrative and commercial practices; and
(c) Internal market conditions and internal legal and administrative provisions that may affect consumption.
3) In view of the above objectives and the provisions of ordinal 4 of this Article, the Members shall endeavour to reduce the duties applicable to coffee or to take other measures aimed at removing the obstacles. the increase in consumption.
4) Taking into consideration their common interests, the Members undertake to seek ways to reduce progressively and, wherever possible, to eliminate the obstacles mentioned in the ordinal 2 of this Article that oppose the increase in trade and consumption, or to significantly mitigate the effects of these obstacles.
5) In the light of the commitments made under the terms of the ordinal 4 of this Article, the Members shall report annually to the Council on the measures taken to implement the provisions of the Article.
6) The Executive Director shall periodically draw up a review of the obstacles to consumption and submit it to the Council.
7) In order to contribute to the objectives of this Article, the Council may make recommendations to the Members and shall report to the Council, as soon as possible, on the measures taken with a view to putting into effect those recommendations.
1) Members recognize the need for developing countries to expand the base of their economies through, inter alia, the industrialization and export of manufactured products, including coffee making and coffee exports. prepared.
2) In this regard, the Members will avoid the adoption of governmental measures that could upset the coffee sector of other Members.
3) If a Member considers that the provisions of ordinal 2 of this Article are not being observed, he should consult with the other Members concerned, taking due account of the provisions of Article 36.
The interested Members will do everything possible to reach a friendly solution of a bilateral nature. If such consultations do not lead to a satisfactory solution for the parties, either party may refer the matter to the Council for consideration in accordance with the provisions of Article 37.
4) Nothing in this Convention may be invoked to the detriment of the right, which assists any Member, to take measures to prevent its coffee sector from being disrupted by imports of brewed coffee, or to remedy such disorder.
1) Members shall not maintain in force any provision requiring the mixing, manufacture or use of other products with coffee for sale in the trade with the name of coffee. The Members shall endeavour to prohibit advertising and selling with the name of coffee, of products containing less than 90% of green coffee as basic raw material.
2) The Council may require any member to take the necessary measures to ensure compliance with the provisions of this Article.
3) The Executive Director shall regularly submit to the Council a report on the observance of the provisions of this Article.
1) The Organization will maintain close relations with the appropriate non-governmental organizations dealing with international coffee trade and with experts on coffee matters.
2) Members shall develop their activities within the scope of this Convention in such a way as to be in line with established commercial conduits, and shall refrain from any discriminatory sales practice. In the development of these activities, they shall endeavour to take due account of the legitimate interests of trade and the coffee sector.
Members will give due consideration to the sustainable management of coffee resources and development, taking into account the principles and objectives of sustainable development adopted at the eighth session of the Conference of the United Nations on Trade and Development and the United Nations Conference on Environment and Development.
QUERIES, CONTROVERSIES, AND CLAIMS.
Any Member will welcome the holding of consultations, and will provide an appropriate opportunity for them, as regards the steps that may be taken by another Member on any matter relating to this Convention. In the course of such consultations, at the request of either party and with the consent of the other, the Executive Director shall constitute an independent commission which shall make good his or her good offices in order to reconcile the parties. The costs of the commission will not be charged to the Organization. If one party does not accept that the Executive Director constitutes a commission or if the consultation does not lead to a solution, the matter may be referred to the Council in accordance with Article 37. If the consultation leads to a solution, it will be reported to the Executive Director, who will report to all Members.
1) Any dispute concerning the interpretation or application of this Convention which is not settled by negotiation shall be submitted to the Council for its decision, at the request of any Member that is a party to the dispute.
2) In all cases where a dispute has been referred to the Council pursuant to the provisions of ordinal 1 of this Article, a majority of Members, or Members having at least one third of the total votes, may request the Council, after discussion of the case, which, before adopting its decision, requests the opinion of the advisory group referred to in ordinal 3 of this Article on the issues at issue.
(3) (a) Unless otherwise decided by the Council acting unanimously, the advisory group shall consist of:
i) two persons designated by the exporting members. one with extensive experience in matters analogous to the controversial one, and the other with prestige and experience in legal matters;
(ii) two persons of similar conditions to those mentioned above, designated by the importing Members; and
(iii) a president elected unanimously by the four persons appointed under subnumerals (i) and (ii), or, in the event of disagreement, by the President of the Council.
(b) They may be designated to integrate the citizens ' advisory group of the countries whose governments are Contracting Parties to this Convention.
(c) Persons designated to form the advisory group shall act in a personal capacity and without any instructions from any government.
d) The expenses of the advisory group will be cost by the Organization.
4) The opinion of the advisory group and the reasons for it will be submitted to the Council, which will decide on the dispute after examining all relevant information.
5) The Council shall make its decision within 6 months of the date on which the dispute has been submitted to it.
6) Any claim against a Member for failure to comply with the obligations imposed on him by this Convention shall be forwarded to the Council, at the request of the claimant member, for the decision to be taken by the member.
7) To declare that a Member has failed to fulfil the obligations imposed by this Convention, a simple majority shall be required. In any declaration that a Member has failed to fulfil its obligations under this Convention, the nature of the infringement must be specified.
8) If the Council concludes that a Member has failed to fulfil its obligations under this Convention, it may, without prejudice to the coercive measures provided for in other Articles of this Convention, deprive that Member by a majority. (a) a two-thirds distribution of his right to vote in the Council and his right to have his votes cast in the Executive Board until he fulfils his obligations. or decide to exclude that Member from the Organization in accordance with the provisions of Article 45.
9) Any Member may request the prior opinion of the Executive Board on any matter which is the subject of a dispute or complaint, before the matter is dealt with in the Council.