1995 (December 26)
Official Gazette No. 42162 of 26 December 1995.
Through which the "International Coffee Agreement", adopted in London on 30 March 1994. Notes
Summary Effective approved
THE CONGRESS OF COLOMBIA,
having regard to the text of the "International Coffee Agreement 1994".
PREAMBLE The Governments signatory to this Agreement.
Recognizing the exceptional importance of coffee to the economies of many countries that rely heavily on this product for export earnings and thus continue their programs of economic and social development;
Recognizing the need to promote the development of productive resources and increasing and maintaining employment levels and income in the coffee industry in Member countries, thereby bringing about fair wages, higher living standards and better conditions of work;
Considering that close international cooperation on trade in coffee will foster the economic diversification and development of coffee-producing countries, and will contribute to improve political and economic relations between exporting and importing countries and increase coffee consumption coffee;
Recognizing the desirability of avoiding disequilibrium between production and consumption, which can cause sharp fluctuations in prices harmful to both producers and consumers;
Considering the relationship between the stability of the coffee trade and stability of markets for manufactured goods;
Given the advantages derived from international cooperation under the International Coffee Agreements 1962, 1968, 1976 and 1983;
Agreed as follows:
CHAPTER I. OBJECTIVES
ARTICLE 1. OBJECTIVES.
The objectives of this Convention are:
1) Achieve better international cooperation on world coffee matters;
2) Provide a forum for consultations, negotiations and when and where applicable, intergovernmental on coffee matters and procedures to establish a reasonable balance between world supply and demand for coffee, on the basis that consumers ensure adequate coffee supplies at fair prices, and farmers markets for coffee at remunerative prices, and conducive to long-term equilibrium between production and consumption;
3) To facilitate the expansion of international trade in coffee through the collection, analysis and dissemination of statistical data and the publication of indicative prices and other market prices and thereby to enhance the transparency of the world coffee economy;
4) To serve as a center for the collection, exchange and publication of economic and technical information on coffee;
5) Promote studies and reports on coffee matters; and
6) To encourage and increase the consumption of coffee.
For the purposes of this Agreement:
1) Coffee means the beans and cherries of the coffee tree, whether parchment, green or roasted, and includes ground, decaffeinated, liquid and soluble coffee. These terms mean:
a) green coffee means all coffee in the naked bean form before roasting;
B) dried coffee cherry means the dried fruit of the coffee tree. To find the equivalent of dried coffee cherry to green coffee, multiply the net weight of the dried coffee cherry by 0.50;
C) parchment coffee: the green coffee bean contained in the parchment. To find the equivalent of parchment coffee to green coffee, multiply the net weight of the parchment coffee by 0.80;
D) roasted coffee means green coffee roasted to any degree and includes ground coffee. To find the equivalent of roasted coffee to green coffee, multiply the net weight of roasted coffee by 1,19;
E) decaffeinated coffee means green, roasted or soluble coffee from which caffeine has been extracted. To find the equivalent of decaffeinated coffee to green coffee, multiply the net weight of green decaffeinated coffee, roasted or soluble by 1.00, 1, 19 or 2.6 respectively;
F) liquid coffee means the solid particles, water-soluble derived from roasted coffee and put into liquid form. To find the equivalent of liquid coffee to 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 derived from roasted coffee. To find the equivalent of soluble coffee to green coffee, multiply the net weight of the soluble coffee by 2.6.
2) Saco: 60 kilograms or 132.276 pounds of green coffee; tonne means a mass of 1,000 kilograms or 2,204.6 lbs and pound means 453.597 grams.
3) Coffee year means the period of one year from October 1 to September 30.
4) Organization and Council mean, respectively, the International Coffee Organization and the International Coffee Council.
5) Contracting Party means a Government or intergovernmental organization, as referred to in paragraph 3 of Article 4 which has deposited an instrument of ratification, acceptance, approval or provisional application of this Agreement in accordance with the provisions of Articles 39 and 40 or has acceded to this Convention in accordance with the provisions of Article 41.
6) Member means a Contracting Party designated territory or territories that have been declared separately under Article 5 Members, 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 means a Member or country, respectively, which is a net exporter of coffee, ie whose exports exceed its imports.
8) Importing Member or importing country means a Member or country, respectively, which is a net importer of coffee; that is, whose imports exceed its exports.
9) Distributed simple majority vote means a vote that more than half of the votes cast by exporting members present and voting and more than half of the votes cast by importing Members present and voting is required, counted separate.
10) distributed two-thirds majority vote means a vote for more than two thirds of the votes cast by exporting Members present and voting and more than two thirds of the votes cast by importing Members present and voting is required, counted separately.
11) Entry into force except as otherwise provided, the date on which this Agreement enters into force, either temporarily or permanently.
12) Exportable production means the total production of coffee of an exporting country in a given coffee or crop year, less the amount destined for domestic consumption in the same year.
13) Availability for export means the exportable production of an exporting country in a given coffee year, plus accumulated stocks from previous years.
GENERAL OBLIGATIONS OF MEMBERS.
ARTICLE 3. GENERAL OBLIGATIONS OF MEMBERS.
1) Members undertake to adopt the measures necessary to enable them to fulfill their obligations under this Agreement and fully cooperate with one another to achieve the objectives of this Convention undertake in particular provide all necessary information to facilitate the operation of the Convention.
2) Members recognize that Certificates of Origin are important sources of information on the coffee trade. Exporting Members undertake, therefore, to make them proper issuing and use of certificates of origin in accordance with the standards established by the Council.
3) Members recognize also that information on re-exports is also important for the proper analysis of the world coffee economy.
Importing Members undertake, therefore, to supply regular and accurate information on re-exports, in the form and manner established by the Council.
The 4th ITEM. MEMBERS OF THE ORGANIZATION.
1) Each Contracting Party, together with the territories to which this Agreement is extended under the provisions of paragraph 1 of Article 43, shall constitute a single Member of the Organization, except for the provisions of Articles 5 and 6.
2) a Member may change its category of membership on such conditions as the Council may agree.
3) Any reference in this Agreement to a Government shall be construed as including a reference to the European Community or any intergovernmental organization having comparable responsibilities in respect of the negotiation, conclusion and implementation of international, and in particular commodity agreements agreements.
4) An intergovernmental organization shall not itself have any votes but in the case of voting on matters within its competence, shall be entitled to cast collectively the votes of its Member States. In that case, the Member States of such intergovernmental organization shall not be entitled to exercise their individual voting rights.
5) intergovernmental organization of this nature may not be elected to the Executive Board under the provisions of paragraph 1 of Article 17 but may participate in the discussions of the Executive Board on matters within its competence. Should a vote on matters within its competence, and notwithstanding the provisions of paragraph 1 of Article 20, the votes which its Member States are entitled to cast in the Executive Board may be cast collectively by any of those Member States.
The 5th ITEM. Separate membership in respect of designated territories.
Any Contracting Party which is a net importer of coffee may, at any time, by appropriate notification in accordance with the provisions of paragraph 2 of Article 43, which is participating in the Organization separately from those territories whose international relations it is responsible to are net exporters of coffee and which it designates. In such case, the metropolitan territory and territory not designated a single membership, and its designated territories will have separate, individually or collectively Members, as indicated in the notification.
ARTICLE 6o. AFIILIACIÓN BY GROUPS.
1) Two or more Contracting Parties which are net exporters of coffee may. by appropriate notification to the Council and the Secretary General of the United Nations, at the time of deposit of their respective instruments of ratification, acceptance, approval, provisional application or accession, declare that participate in the Organization as a Member group. A territory to which this Agreement is extended under the provisions of paragraph 1 of Article 43 may be part of such Member group if the Government of the State responsible for its international relations has given appropriate notification to that effect in accordance with the provisions of paragraph 2 of Article 43. Such Contracting Parties and designated territories must satisfy the following conditions:
a) declare their willingness to accept individual and collective responsibility regarding the obligations of the group; and
b) shall subsequently provide satisfactory to the Board:
i) the group has the organization necessary to implement a common coffee policy, and has the means of complying, together with the other member countries of the group, the obligations under this Agreement; and
ii) have a common or coordinated commercial and economic policy in relation to coffee and a coordinated monetary and financial policy, as well as the organs necessary for its implementation, so that the Council is satisfied that the Member group can comply with the group obligations involved.
2) Any Member group which has been recognized under the International Coffee Agreement 1983 shall continue to be recognized as such, unless it notifies the Council that it no longer wishes to be so recognized.
3) The Member group shall constitute a single Member of the Organization, except that each member country will be considered as an individual member to the issues arising in relation to the following provisions:
a) Articles 11 and 12; and
b) Article 46
4) The Contracting Parties and designated territories joining as a Member group shall specify the Government or organization which will represent them in the Council on matters of this Convention, except specified in paragraph 3 of this Article.
5) voting rights of the Member group shall be as follows:
a) The Member group shall have the same number of basic votes as a single Member country joining the Organization in that capacity. These basic votes shall be allocated to the Government or organization representing the group, and will be deposited by the Government or organization; and
b) In the case of a vote on any matters arising in relation to the provisions listed in paragraph 3 of this Article, the Member group may cast separately the votes attributed to them under the provisions of paragraph 3 of Article 13 as if each were an individual Member of the organization, except for the basic votes, which shall remain attributable only 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. In the event that a member of a Member group withdraws from that group or ceases to participate in the Organization, other members of the group may apply to the Council that the group will continue and it will continue to exist unless the Council disapproves the application.
If the Member group is dissolved, each former party to the group will become a separate Member. A Member which has ceased to belong to a Member group may not be part of a group again while this Agreement is in force.
7) Any Contracting Party wishing to become part of a Member group after the entry into force of this Agreement may do so by notification to the Council provided that:
a) other Members of the group declare willing to accept the Member concerned as party to the Member group; and
b) Notify the Secretary General of the United Nations participating in the group.
8) Two or more exporting Members may ask the Board at any time after the entry into force of this Agreement, the formation of a group member. The Council shall approve the application if it finds that the Members have made a declaration and have provided satisfactory evidence in accordance with requirements of paragraph 1 of this Article. Once approved, the Member group shall be subject to the provisions of paragraphs 3, 4, 5 and 6 of this Article.
CHAPTER V. INTERNATIONAL COFFEE ORGANIZATION.
ARTICLE 7. HEADQUARTERS AND STRUCTURE OF THE INTERNATIONAL COFFEE ORGANIZATION.
1) The International Coffee Organization established under the International Coffee Agreement 1962 shall continue in being to administer the provisions of this Agreement and supervising its operation.
2) The Organization shall have its headquarters in London, unless the Council by a distributed two-thirds majority, decides otherwise.
3) The Organization shall function through the International Coffee Council. the Executive Board, the Executive Director and the staff.
Article 8. Privileges and Immunities.
1) The Organization shall have legal personality. It shall in particular have the capacity to contract, acquire and dispose of movable and immovable property and to institute legal proceedings.
2) The status, privileges and immunities of the Organization, its Executive Director, its staff and experts and representatives of Members while they are in the territory of the United Kingdom of great Britain and Northern Ireland in order to perform their duties, continue to be governed by the Agreement on the Headquarters Agreement dated May 28, 1969 between the Government of the United Kingdom of great Britain and Northern Ireland (called hereinafter the host) Government and the Organization.
3) The Headquarters Agreement referred to in paragraph 2 of this Article shall be independent of this Agreement. It shall however terminate:
a) By agreement between the host Government and the Organization;
B) In the event that the headquarters of the Organization being on the territory of the host Government; or
c) In the event that the Organization ceases to exist.
The organization may conclude with one or more other Members agreements to be approved by the Council relating to such privileges and immunities as may be necessary for the proper functioning of this Agreement.
5) Governments of Member countries other than the host Government shall grant the Organization the same facilities as are accorded to the specialized agencies of the United Nations regarding monetary or exchange restrictions, maintenance of bank accounts and transfers of sums of money.
INTERNATIONAL COFFEE COUNCIL.
Article 9. COMPOSITION OF THE INTERNATIONAL COFFEE COUNCIL.
1) The highest authority of the Organization shall be the International Coffee Council, which is composed of all Members of the Organization.
2) 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 to its representative or alternates.
ARTICLE 10. POWERS AND DUTIES OF THE BOARD.
1) The Council is endowed with all the powers specifically conferred by this Agreement, and has the powers and perform the necessary steps to comply with the provisions of the same functions.
2) The Council shall establish a Credentials Committee in charge of examining the written communications made to the Chairman in relation to the provisions of paragraph 2 of Article 9, paragraph 3 of Article 12 and paragraph 2 Article 14. the Credentials Committee shall report its proceedings to the Council.
3) The Council may, in addition to the Credentials Committee, any committees or working groups deemed necessary to create.
4) The Council may. by two-thirds distributed majority. establish rules and regulations necessary to implement the provisions of this Agreement, including its own rules of procedure and the financial and staff regulations of the Organization. Such rules and regulations must be consistent with the provisions of this Agreement. The Council may include in its rules a provision allowing it to decide on certain issues without meeting in session.
5) In addition, the Council will maintain the necessary documentation to perform its functions under this Agreement and any other documentation it deems appropriate.
ARTICLE 11 OFFICERS OF THE COUNCIL.
1) The Council shall elect, for each coffee year, a Chairman and Vice first, second and third, that will not be paid by the Organization.
2) As a rule, the President and the first Vice-President shall be elected from among the representatives of the exporters or among the representatives of importing Members and the second and third Vice Presidents shall be elected from among the representatives of the other Members. These offices shall alternate each coffee year between the two categories of Member.
3) Neither the Chairman nor the Vice-Chairman acting as Chairman shall have the right to vote. In this case, her alternate shall exercise the voting rights of the Member.
ARTICLE 12 SESSIONS OF THE COUNCIL.
1) As a general rule, the Council shall hold two regular sessions each year. It may hold special sessions should it so decide. He also will meet in extraordinary session at the request of the Executive Board, of any five Members, or a Member or Members having at least 200 votes. The convening of the sessions will have to be notified 30 days in advance at least, except in emergencies, in which notice shall be given 10 days in advance at least.
2) The sessions will be held at the headquarters of the Organization unless the Council decides otherwise by a majority of two-thirds distributed. If a Member invites the Council to meet in its territory, and the Council agrees, the Member concerned shall pay the additional costs involved above those incurred when the session is held at the headquarters.
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 case such invitation is accepted, the country or organization concerned shall communicate its acceptance in writing to the President. This communication may. if desired, request permission to make statements to the Council.
4) The quorum for a session of the Council shall be the presence of more than half the number of exporting Members representing at least two thirds of the votes of all exporting Members and more half the number of importing Members representing at least two thirds of the votes of all importing Members. If the time set for the opening of a Council session or a plenary meeting there is no quorum, the Chairman shall postpone the opening of the session or plenary meeting for at least three hours. If no quorum at the new time set, the Chairman may again postpone the opening of the session or plenary meeting for three hours at least. If no quorum at the end of this new postponement, the quorum to start or resume the session or plenary session it shall be constituted by the presence of more than half the number of exporting Members representing at least half of the votes of all exporting Members and more than half the number of importing Members representing at least half of the votes of all importing Members. Members represented in accordance with the provisions of paragraph 2 of Article 14 is deemed to be present
ARTICLE 13 VOTES.
1) The exporting Members shall together hold 1,000 votes and the importing Members shall together hold 1,000 votes, distributed within each category of Members - that is, exporting and importing Members, respectively - as provided in the following paragraphs of this Article.
2) Each Member shall have five basic votes.
3) The remaining votes of exporting Members shall be divided among such Members in proportion to the average volume of their respective exports of coffee to all destinations in the preceding four calendar years.
4) The remaining votes of importing Members shall be divided among such Members in proportion to the average volume of their respective imports of coffee in the preceding four calendar years.
5) The Council shall carry out the distribution of votes, in accordance with the provisions of this Article at the beginning of each coffee year and shall remain in effect during that year, subject to the provisions of paragraph 6 of this Article.
6) The Council shall provide for the redistribution of votes in accordance with the provisions of this Article, whenever you change the membership of the Organization, or the right to vote of a member is suspended or restore such right, under the provisions of Article 23 or 37.
7) No member shall have more than 400 votes.
8) no fractional votes.
ARTICLE 14. VOTING PROCEDURE OF THE COUNCIL.
1) Each Member shall be entitled to cast the number of votes it holds, but can not divide. The Member may, however, cast differently any votes which it holds under the provisions of paragraph 2 of this Article.
2) Any exporting Member may authorize any other exporting Member, and any importing Member may authorize any other importing Member, to represent its interests and to exercise its right to vote at any meeting of the Council. shall not apply in this case the limitation provided for in paragraph 7 of Article 13.
ARTICLE 15. DECISIONS OF THE COUNCIL.
1) Unless otherwise provided in this Agreement, the Council shall take all decisions and make all recommendations by a simple distributed majority.
2) With respect to any decision by the Council which under the provisions of this Convention. requires a distributed two-thirds majority, the following procedure shall apply:
a) If a majority is not achieved distributed two-thirds because of the negative vote of three or less exporting or three or less importing Members, the proposal will to be voted within 48 hours, if the Council so decides by a majority of the Members present and by a distributed simple majority;
B) If the vote is again not obtained a majority of two-thirds distributed because of the negative vote of two or less exporting or two or less importing Members the proposal put to the vote again within 24 hours if the Council so decides by a majority of the Members present and by a distributed simple majority;
C) If a majority distributed two-thirds in the third vote because of the negative vote of one exporting or importing member is not obtained, it shall be considered approved the proposal; and
d) If the Council fails to put a proposal to a further vote, it shall be considered rejected.
3) Members undertake to accept as binding all decisions of the Council under the provisions of this Agreement.
ARTICLE 16. COLLABORATION WITH OTHER ORGANIZATIONS.
1) The Council may make arrangements for consultation and cooperation with the United Nations and its specialized agencies and with other appropriate intergovernmental organizations. It will use the most of the opportunities offered the Common Fund for Commodities. They may be among the measures the financial arrangements which the Council considers appropriate for achieving the objectives of this Agreement. Nevertheless, and with regard to the implementation of projects under such arrangements the Organization shall not incur any financial obligations for guarantees given by individual Members or other entities. No Member shall be responsible by reason of its membership in the Organization for any liability arising from borrowing or lending by any other Member or entity in connection with such projects.
2) Whenever possible, the Organization may also collect from Members, non-member countries and donor agencies and other information about development projects and programs focussing on the coffee sector. The Organization may, if desirable, and with the consent of the parties concerned, provide that information to such organizations as well as to Members.
ARTICLE 17. COMPOSITION AND MEETINGS OF THE EXECUTIVE BOARD.
1) The Executive Board shall consist of eight exporting Members and eight importing Members elected for each coffee year in accordance with the provisions of Article 18. Members represented in the Executive Board may be re-elected.
2) Each Member represented in the Executive Board shall appoint one representative and, if it so desires, one or more alternates. Each Member represented in the Executive Board may also 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 may be reappointed. Holders of these charges will not be paid by the Organization. The President is not entitled to vote at meetings of the Executive Board, nor will the Vice-President when acting as President. In such case exercise the voting rights of Member corresponding alternates. As a rule, the Chairman and Vice Chairman for each coffee year shall be elected from the representatives of the same category of membership.
4) The Executive Board shall normally meet at the headquarters of the Organization, but may meet elsewhere if the Council so decides by a distributed two-thirds majority. If the Council accepts the invitation of a member to be held in its territory a series of meetings of the Executive Board, shall also apply the provisions of paragraph 2 of Article 12 concerning Council sessions.
5) The quorum 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 exporting Members elected to the Executive Board, and more than half the number of importing Members representing at least two thirds of the votes of all importing Members elected to the Executive Board. If the time set to start a meeting of the Executive Board is no quorum, the President shall adjourn the beginning of the meeting for three hours at least. If no quorum at the new time set, the Chairman may again postpone the start of the meeting for three hours at least. If no quorum at the end of this new postponement, the quorum to start 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 of exporting Members elected to integrate the Executive Board, and more than half the number of importing Members representing at least half of the votes of all importing Members elected to the Executive Board.
ARTICLE 18. ELECTION OF THE EXECUTIVE BOARD.
1) The exporting and importing Members of the Executive Board they shall be elected in the Council by the exporting and importing Members of the Organization. respectively. The election within each category shall be held in accordance with the following paragraphs of this Article.
2) Each Member shall cast for a single candidate all the votes to which it is entitled under the provisions of Article 13. A Member may cast for another candidate any votes which it holds under the provisions of paragraph 2 of Article 14 .
3) the eight candidates receiving the most votes shall be elected; however, no candidate received less than 75 votes will be elected on the first ballot.
4) In the event that, in accordance with the provisions of paragraph 3 of this Article, are elected less than eight candidates on the first ballot, further ballots in which only entitled to vote Members shall be made not They will not vote for any of the candidates elected. In each further ballot the minimum number of votes required successively diminished by five until eight candidates are elected.
5) Any Member which did not vote for any of the Members elected shall assign its votes to one of them, subject to the provisions of paragraphs 6 and 7 of this Article.
6) it shall be deemed that a Member has received the number of votes cast in his favor at the time of their choice and also the number of votes to be exceeded, but no elected Member may get more than 499 votes in total.
7) If it is recorded that one of the elected members received more than 499 votes, Members voted for, or assigned their votes in favor of such elected Member shall agree to one or more of them to withdraw their votes and the assign or re elected for another member, so that none of them received 499 votes more than the set maximum.
ARTICLE 19. COMPETENCE OF THE EXECUTIVE BOARD.
1) The Executive Board shall be responsible to the Council and work under the general direction of.
2) The Board may delegate to the Executive Board by a majority of two-thirds distributed, 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 under Article 22;
B) The suspension of the voting rights of a Member under Article 37;
C) The decision of disputes, as provided for in Article 37;
D) Establishing the conditions of accession in accordance with Article 41;
E) A decision to exclude a Member under the provisions of Article 45;
F) The decision on the extension renegotiation or termination of this Agreement as provided for in Article 47; and
g) Recommendation of amendments to Members, as provided for in Article 48.
3) The Board may revoke at any time, by a simple distributed majority any of the powers that have been delegated to the Board Executive.
4) The Executive Board shall appoint a Finance Committee, in accordance with the provisions of Article 22 shall be responsible for supervising the preparation of the Administrative Budget that will be submitted for approval by the Council and carry out any other tasks entrusted to it by the Executive Board, which shall include monitoring income and expenditure.
The Finance Committee shall report its proceedings to the Executive Board.
5) The Executive Board may, in addition to the Finance Committee set up any other committees or working groups deemed necessary.
ARTICLE 20. VOTING PROCEDURE OF THE EXECUTIVE BOARD.
1) Each member of the Board shall be entitled to cast the number of votes received by it under the provisions of paragraphs 6 and 7 of Article 18 will not be allowed to vote by proxy. No Member of the Board shall be entitled to divide its votes.
2) Decisions of the Executive Board shall be adopted by the same majority as required if taken by the Council.
ARTICLE 21. FINANCE.
1) The expenses of delegations to the Council, and representatives to the Executive Board, or to any of the board committees and the Executive Board shall be met by their respective governments.
2) The other expenses necessary for the administration of this Agreement shall be met by annual contributions from Members assessed in accordance with the provisions of Article 22, together with the income obtained from the sale of specific services to Members and the sale of information and studies originated under the provisions of Articles 27 and 29.
3) the financial year of the Organization coincide with the coffee year.
ARTICLE 22. DETERMINATION OF THE ADMINISTRATIVE BUDGET AND CONTRIBUTIONS.
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 assess the contribution of each Member to that Budget. The Administrative Budget shall be prepared by the Executive Director and supervised by the Finance Committee in accordance with the provisions of paragraph 4 of Article 19.
2) The contribution of each Member to the Administrative Budget for each financial year shall be proportional to the relationship that exists at the time of approval for that financial year the Administrative Budget, the number of their votes and the total voting of all Members. However, if the distribution of votes among Members in accordance with the provisions of paragraph 5 of Article 13, at the beginning of the year for which the contributions are fixed is changed, contributions for that year shall be adjusted in the manner appropriate . In determining contributions, the votes of each Member shall be calculated without regard to the suspension of the voting rights of any Member or any redistribution of votes resulting therefrom.
3) The initial contribution of any Member joining the Organization after the entry into force of this Agreement shall be determined by the Council depending on the number of votes held by it and the period elapsed the current financial year, but in no case the assessments made upon other Members for the financial year in question will be changed.
ARTICLE 23. PAYMENT OF CONTRIBUTIONS.
1) Contributions to the Administrative Budget for each financial year shall be payable in freely convertible currency and shall become due on the first day of that year.
2) If any Member fails to pay its full contribution to the Administrative Budget within six months from the date on which the contribution is due, its voting rights shall be suspended in the Council and the right to be deposited their votes in the Executive Board, until you have paid the contribution. However, unless the Council decides by a distributed two-thirds majority, will not deprive such Member of any of its other rights nor relieved of any of its obligations under this Agreement.
3) Any Member whose voting rights have been suspended either under the provisions of paragraph 2 of this Article or under the provisions of Article 37 shall nevertheless remain responsible for payment of their contribution.
ARTICLE 24. FINANCIAL RESPONSIBILITY.
1) The Organization, in the performance of its functions under specified in paragraph 3 of Article 7, shall not have power to incur any obligation outside the scope of this Agreement, and is not deemed to have been authorized to by the Members; in particular, will not be able to get loans. In exercising its capacity to contract, the Organization shall incorporate in its contracts the terms of this article so that they are brought to the attention of the other parties entering into contracts with the Organization, but the fact that incorporate such terms shall not invalidate such a contract or it will be considered as being ultra vires.
2) The financial responsibility of each Member shall be limited to their obligations as regards contributions specifically provided in this Agreement. It means that third parties dealing with the Organization are aware of the provisions of this Agreement regarding the financial responsibility of Members.
ARTICLE 25 CERTIFICATION AND PUBLICATION OF ACCOUNTS.
As soon as possible after the close of each financial year, and no later than six months after that date, will be presented to the Council., For approval and publication, a statement, certified by external auditors, the income and expenses of the Organization during that financial year.
THE EXECUTIVE DIRECTOR AND STAFF.
ARTICLE 26. THE EXECUTIVE DIRECTOR AND STAFF.
1) The Council shall appoint the Executive Director on the recommendation of the Executive Board. The Council shall determine the conditions of employment of the Executive Director, which will be similar to those applying to officials of equal rank in similar intergovernmental organizations.
2) The Executive Director shall be the chief administrative officer of the Organization and shall be responsible for the performance of any duties devolving upon him in the administration of this Agreement.
3) The Executive Director shall appoint the staff in accordance with regulations established by the Council.
4) Neither the Executive Director nor the staff shall have any financial interests in industry, trade or transportation of coffee.
5) In exercising its functions, the Executive Director and the staff shall not seek or receive instructions from any Member or from any authority external to the Organization. They shall refrain from any action incompatible with their status as responsible only to the Organization international officials. Each Member undertakes to respect the exclusively international character of the responsibilities of the Executive Director and the staff shall not seek to influence them in the performance of such functions.
CHAPTER X. INFORMATION, STUDIES AND SURVEYS.
1) The Organization shall act as a center 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 utilization of coffee as deemed appropriate.
2) The Council may require Members to furnish such information as it deems necessary for its operations, including regular statistical reports on coffee production, production trends, exports and imports, distribution, consumption, stocks and prices of coffee, as well as on the tax regime applicable to coffee, but no information that might serve to identify the operations of persons or companies producing be published, processing or marketing coffee. Members shall provide the information requested in as detailed and accurate as possible.
3) The Council shall establish a system of indicator prices which the publication of a daily composite indicator price will be stipulated.
4) If a member fails to supply or finds difficulty in supplying within a reasonable time, statistical and other information required by the Council for the proper functioning of the Organization, the Council may require explaining the reasons the lack of compliance. If it is found that need technical assistance in the matter, the Council may take any action required in this regard.
ARTICLE 28. CERTIFICATES OF ORIGIN.
1) In order to facilitate the collection of statistics on the international coffee trade and to ascertain the quantities of coffee which have been exported by each exporting Member, the Organization shall establish a system of certificates of origin. which is governed by the rules that the Council approve.
2) Every export of coffee by an exporting Member shall be covered by a valid certificate of origin. Certificates of origin shall be issued in accordance with the rules established by the Council by a qualified agency chosen by the Member concerned and approved by the Organization.
3) Each exporting Member shall notify the Organization name, governmental or non-governmental body, which perform the functions specified in paragraph 2 of this Article. The Organization shall specifically approve a non-governmental agencies in accordance with the rules approved by the Council.
ARTICLE 29 STUDIES AND REPORTS.
1) The Organization shall promote the preparation of studies and reports on the economics of coffee production and distribution, the impact they have on the production and consumption of coffee governmental measures in producing and consuming countries and opportunities expansion of coffee consumption for traditional and possible new uses.
2) In order to implement the provisions of paragraph 1 of this Article, the Council shall, at its second regular session of each coffee year, an annual program of studies and reports to carry out, with the corresponding estimate of the necessary resources, prepared by the Executive director.
3) The Council may give its approval for the Organization to undertake studies and reports with other organizations and entities, or in collaboration with them. In such cases, the Executive Director shall be the Council a detailed account of the resource requirements from the Organization and by the entity or entities associated with the project.
4) The studies and reports promoted by the Organization under the provisions of this Article shall be financed from the resources included in the Administrative Budget, prepared in accordance with the provisions of paragraph 1 of Article 22, and shall be led out by the staff of the Organization and consultants as needed.
ARTICLE 30 PREPARATIONS FOR A NEW AGREEMENT.
The Council may consider the possibility of negotiating a new International Coffee Agreement, including an Agreement in which could include measures to establish a balance between supply and demand for coffee, and take such action as it deems appropriate.
ARTICLE 31. ELIMINATION OF OBSTACLES TO CONSUMPTION.
1) Members recognize the vital importance of achieving the widest possible increase of coffee consumption, especially progressive removal of any obstacles that may hinder such increase.
2) Members recognize that there are provisions currently in force which may to a greater or lesser extent, oppose the increase in consumption of coffee, in particular:
a) import arrangements applicable to coffee, including including preferential and other tariffs, quotas, operations of government monopolies and official purchasing agencies, and other administrative rules and commercial practices;
B) export arrangements as regards direct or indirect subsidies and other administrative rules and commercial practices; and
c) internal trade conditions and domestic legal and administrative provisions which may affect consumption.
3) In view of the above objectives and the provisions of paragraph 4 of this Article, Members shall endeavor to reduce tariffs on coffee or to take other measures to remove obstacles to increased consumption.
4) Taking into account their mutual interest, Members undertake to seek ways to progressively reduce and, wherever possible, eliminated the obstacles mentioned in paragraph 2 of this Article that oppose increased trade and consumption, or substantially mitigate the effects of such obstacles.
5) In view of the commitments made under the provisions of paragraph 4 of this Article, Members shall inform the Council annually of the measures taken in order to implement the provisions of this Article.
6) The Executive Director shall prepare periodically a survey of the obstacles to consumption and for consideration of the Council.
7) In order to further the purposes of this Article, the Council may make recommendations to Members which shall report to the Council as soon as possible, on measures adopted to implement these recommendations.
ARTICLE 32. MEASURES
related to processed coffee.
1) Members recognize the need for developing countries to broaden the base of their economies through, inter alia, industrialization and the export of manufactured products, including the processing of coffee and the export of processed coffee.
2) In this connection, Members shall avoid the adoption of governmental measures which could cause disruption to the coffee sector of other Members.
3) If a Member considers that are not being observed the provisions of paragraph 2 of this Article. You should consult with other interested Members, with due regard to the provisions of Article 36.
Members concerned shall make every effort to reach an amicable settlement on a bilateral basis. If such consultations do not lead to a satisfactory solution for the parties, either party may refer the matter to the Council for consideration under the provisions of Article 37.
4) None of the provisions in this Agreement shall prejudice the law, any Member to take measures to prevent its coffee sector by imports upset brewed coffee, or to remedy such a disorder.
ARTICLE 33 Mixtures and substitutes.
1) Members shall not maintain any regulations requiring the mixing, processing or using of other products with coffee for commercial resale under the name of coffee. Members shall endeavor to prohibit the advertising and sale with the name of coffee products containing as basic raw material less than the equivalent of 90 percent green coffee.
2) The Council may request any Member to take the necessary measures in order to ensure compliance with the provisions of this Article.
3) The Executive Director shall submit to the Council a report on the observance of the provisions of this Article.
consultation and collaboration with the private sector.
1) The Organization shall maintain close liaison with appropriate dealing with international trade in coffee and with experts in coffee matters NGOs.
2) Members shall conduct their activities within the scope of this Agreement so that it is in line with established trade channels and shall refrain from discriminatory sales practices. In the development of these activities, they endeavor to take due account of the legitimate interests of the coffee trade and industry.
ARTICLE 35. ENVIRONMENTAL CONCERNS.
Members shall give due consideration to the sustainable management of coffee resources and processing, bearing in mind the principles and objectives of sustainable development adopted at the eighth session of the United Nations Conference on Trade and Development and United Nations Conference on Environment and Development.
CONSULTATIONS, DISPUTES AND COMPLAINTS.
ARTICLE 36 CONSULTATIONS.
Each Member shall welcome consultations and provide adequate opportunity for, as regards representations as may be made by another Member concerning any matter relating to this Agreement. In the course of such consultations, at the request of either party and with the consent of the other, the Executive Director shall establish an independent commission to its good offices in order to reconcile the parties. Costs shall not be chargeable to the Organization. If one party does not accept that the Executive Director to constitute a committee 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 does lead to a solution, it shall inform the Executive director who shall distribute the report to all Members.
ARTICLE 37. DISPUTES AND COMPLAINTS.
1) Any dispute concerning the interpretation or application of this Agreement which is not settled by negotiation shall be submitted to the Council for decision, at the request of any Member party to the dispute.
2) In all cases where a dispute has been referred to the Council under the provisions of paragraph 1 of this Article, a majority of Members, or Members holding at least one third of the total votes , may require the Council, after I discussed the matter, which, before taking its decision, to seek the opinion of the advisory panel referred to in paragraph 3 of this Article on the controversial issues.
3) a) Unless the Council unanimously decides otherwise, the advisory panel shall consist of:
i) two persons nominated by the exporting Members. one with extensive experience in similar to the controversial issues, and the other with prestige and experience in legal issues;
Ii) two people of similar conditions to those mentioned above, nominated by the importing Members;
and iii) a chairman selected unanimously by the four persons nominated under sub-paragraphs i) and ii), or, in case of disagreement, by the President of the Council.
B) shall be eligible to serve on the advisory group of countries whose Governments are Contracting Parties to this Convention.
C) Persons appointed to the advisory panel shall act in their personal capacity and without instructions from any government.
D) The expenses of the advisory panel shall be paid by the Organization.
4) The opinion of the advisory panel and the reasons on which it is based shall be submitted to the Council, which will decide on the dispute after considering all the relevant information.
5) The Council shall render its decision within 6 months following the date on which the dispute has been submitted for consideration.
6) Any complaint against a Member for failure to comply with its obligations under this Agreement shall be referred to the Council, at the request of the complaining Member, to decide that issue.
7) To declare that a Member has failed to fulfill its obligations under this Convention a simple distributed majority vote is required. In any statement made that a member has failed to fulfill its obligations under this Agreement. It shall specify the nature of the infringement.
8) If the Council concluded that a Member has failed to fulfill its obligations under this agreement, may subject to the coercive measures provided for in other Articles of this Convention, that Member deprive distributed two majority thirds of its voting rights in the Council and its right to have its votes cast in the Executive Board until it fulfills its obligations. or decide to exclude from such Member Organization under the provisions of Article 45.
9) A Member may seek the prior opinion of the Executive Board on any matter of dispute or complaint before that case the case in the Council.