Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In light of articles 52 to 55 of the Constitution;
Due to Act No. 2003-1224 of 22 December 2003 authorising the approval of the Agreement establishing the International Organisation of Vine and Wine (together two annexes), done in Paris on 3 April 2001;
In view of Decree No. 53-192 of 14 March 1953, as amended concerning the ratification and publication of international commitments entered into by France,
Décrète:
Agreement establishing the International Vine and Wine Organisation (two annexes), Paris, 3 April 2001, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of Foreign affairs are responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
A N N E X E S
ANNEX N ° 1 REFERRED TO ARTICLES 4 AND 6
OF THIS AGREEMENT
Terms and conditions for determining the
of each member state in the wine sector
1. Objective criteria determining the relative place of each Member State in the wine sector:
a) Average wine production, special wines, musts, wine-based spirits (expressed in wine equivalent) over the last period Five-year known, after elimination of the two extreme values (P);
b) Average total area of the vineyard over the last three years known (S);
c) Average apparent consumption of wines and wine equivalent on the three Last known years (C) = (P) production - (E) export + (I) imports.
2. Application formula for determining the coefficient of each member state:
You can view the table in OJ
No 53, 03/03/2004 page 4280 to 4284
3. Refreshing the coefficient of each Member State carried out:
a) At the beginning of the budget year following the accession of a new member;
b) Every three years by taking into account the latest known statistical data.
4. New accessions:
The new members joining the OIV in the coming years must pay a mandatory financial contribution, calculated in full from the application formula set out in this Annex, to which In addition to their participation in the specific financing of languages, under the conditions set out in Annex 2.
ANNEX N ° 2 REFERRED TO ARTICLES 4, 5 AND 6
OF THIS AGREEMENT
Determination of Voting rights, mandatory financial contributions from member states and funding arrangements for languages
1. Basic Voice:
Each member state has a base number of two.
2. Additional Voice:
The total number of additional voices is equal to half of the total base votes. Within the limit of the latter, additional votes shall be allocated, where appropriate, in addition to the basic votes to certain Member States, depending on their relative place in the wine sector as a result of the application of the formula Set out in Annex 1.
3. Weighted Voice:
The number of weighted votes for each Member State is equal to the sum of the basic votes and any additional votes available to it.
4. Allocation of compulsory contributions:
The total amount of compulsory contributions to be appealed to member states is calculated from the budget adopted by the General Assembly.
One third of the total amount of contributions
Two thirds of the total amount of the mandatory contributions shall be prorated to the additional votes.
To facilitate the transition between the former and this Agreement, the Financial contribution corresponding to the two basic votes held by each Member State may not be less than the amount of " The unit of assessment " Called upon the entry into force of this Agreement for the first year Budget. Where appropriate, the amounts of financial contributions in respect of additional votes shall be adjusted accordingly to reach the total amount of the compulsory contributions resulting from the budget adopted.
5. Language funding:
Language funding is provided in full on the general budget of the OIV and without any specific contribution from each language group composed of the members and observers.
The Arrangements for the implementation of languages will be subject to specific provisions laid down in the Rules of Procedure.
A C C O R D
PORTANT CREATION OF THE INTERNATIONAL ORGANIZATION
DE LA VIGNE ET DU VIN (ENSEMBLE TWO ANNEXES)
Preamble
By an Agreement dated November 29, 1924, the Governments of Spain, France, Greece, Hungary, Italy, Luxembourg, Portugal and Tunisia have agreed to establish an International Wine Office.
By a decision of the Member States at that time on September 4, 1958, the Office took the name of the International Bureau Of the vine and the wine. This intergovernmental organization comprises, as of 3 April 2001, forty-five member States.
In its resolution COMEX 2/97, held in Buenos Aires, Argentina, on 5 December 1997, the General Assembly of the International Agency for The vine and wine has decided to adapt, as necessary, to the new international context of the missions of the International Vine and Wine Office, its human, material and budgetary means, and, where appropriate, Its procedures and rules of operation to meet the challenges and the future of the global wine sector.
Pursuant to Article 7 of the said Agreement, the Government of the French Republic, having received a request from Thirty-six States convened a Conference of the Member States which was held in Paris on 14, 15, 22 June 2000 and 3 April 2001.
As a result, the member States of the International Vine and Wine Office, hereinafter referred to as the Parties, have Agreed to the following:
Chapter I
Objectives and Terms of Reference
Article 1
1. The Parties hereby decide to establish the "International Vine and Wine Organization" (OIV) which replaces the International Vine and Wine Office established by the Agreement of 29 November 1924 as amended. It is subject to the provisions of this Agreement.
2. The OIV shall pursue its objectives and exercise its powers as defined in Article 2 as an intergovernmental body with a scientific and technical character of recognised competence in the field of vines, wine, wine-based drinks, Table grapes, raisins and other products from the vine.
Article 2
1. In the field of its competences, the objectives of the OIV are:
a) To inform its members of the measures to take account of the concerns of producers, consumers and other players in the wine sector ;
b) Assist other international intergovernmental and non-governmental organizations, including those pursuing normative activities;
c) Contribute to international harmonization of existing practices and standards And, where necessary, the development of new international standards, in order to improve the conditions for the development and marketing of wine-growing products and the consideration of consumer interests.
2. In order to achieve these objectives, the OIV has the following responsibilities:
(a) To promote and guide scientific and technical research and experimentation in order to meet the needs expressed by its members, to evaluate its results in Shall, as appropriate, call upon qualified experts and possibly disseminate them by appropriate means;
(b) Develop, make recommendations and follow the application in liaison with its members, in particular in the The following areas:
i) Wine production conditions;
ii) Oenological practices;
iii) Product definition and/or description, labelling and marketing conditions;
iv) Methods The analysis and appraisal of products derived from the vine;
(c) Submit to its members any proposals concerning:
i) The guarantee of authenticity of products derived from the vine, in particular vis-à-vis consumers, in particular in this respect Concerning labelling particulars;
(ii) The protection of geographical indications and, in particular, wine-growing areas and designations of origin designated by geographical or non-geographical names, to the extent that they Do not call into question international agreements on trade and intellectual property;
(iii) The improvement of scientific and technical criteria for the recognition and protection of plant breeders' varieties ;
d) To contribute to the harmonisation and adaptation of regulations by its members or, as appropriate, to facilitate mutual recognition in respect of practices falling within the scope of its competences;
e) Ensure the Mediation between countries or organisations that request it, the possible cost of it being borne by the applicants;
(f) Monitoring to evaluate scientific or technical developments likely to have effects Significant and sustainable in the wine sector and keep its members informed in due time;
g) Participate in the protection of consumer health and contribute to food safety:
i) By the day before Specialised scientific, allowing to evaluate the specific characteristics of products derived from the vine;
ii) By promoting and directing research on the appropriate nutritional and health specificities;
iii) In Extending, beyond the addressees referred to in Article 2 (n), the dissemination of information resulting from this research to the medical and health professions;
h) Fostering cooperation between members by:
i) Collaboration Administrative;
ii) Exchange of specific information;
iii) Exchange of experts;
iv) Assistance or expert advice, in particular in the establishment of joint projects and other joint studies;
i) Take into account in its activities the specificities of each of its members, in relation to the production systems of products derived from the vine and the methods of developing wine and spirit drinks of wine origin;
j) Contribute to the Development of training networks in the field of vines and grape products;
k) To contribute to the knowledge or recognition of the world's wine heritage and historical, cultural and human elements,
l) Grant its patronage to public or private events of which the object, non-commercial, falls within its field of competence;
m) Maintain, within the framework of its work and as a Need, a useful dialogue with industry stakeholders and make appropriate arrangements with them;
n) Collect, process and disseminate the most appropriate information and communicate it:
i) To its members and its members Observers;
(ii) Other international intergovernmental and non-governmental organizations;
(iii) Producers, consumers and other stakeholders in the wine industry;
iv) Other interested countries ;
v) To the media and, more broadly, to the general public.
In order to facilitate this information and communication function, the OIV requests its members, potential beneficiaries and, where appropriate, international organizations, Provide data and all other elements of assessment on the basis of reasonable requests;
(o) To ensure, at regular intervals, the reappraisal of the effectiveness of its structures and operating procedures.
Chapter II
Organization
Article 3
1. The organs of the OIV are:
a) The General Assembly;
b) The President;
c) Vice-Presidents;
d) The Director General;
e) The Executive Committee;
f) The Scientific and Technical Committee;
g) The Office;
h) Commissions, sub-committees and expert groups;
i) The Secretariat.
2. Each member of the OIV is represented by delegates of his/her choice. The General Assembly, composed of the delegates appointed by the members, is the plenary body of the OIV. It may delegate some of its functions to the Executive Committee, composed of one delegate per member. The Executive Committee may, under its authority, entrust some of its routine administrative functions to the Office of the OIV, composed of the President, the Vice-Presidents of the OIV, as well as the Chairpersons of the committees and sub-committees. The President, the First Vice-President, the Chairmen of committees are of different nationalities.
3. The scientific activity of the OIV is developed within expert groups, sub-committees and commissions, which are coordinated by a Scientific and Technical Committee, as part of a strategic plan approved by the General
. 4. The Director-General is responsible for the internal administration of OIV, recruitment and staff management. The modalities of staff recruitment should ensure, as far as possible, the international character of the Organization.
5. The OIV may also include observers. Observers shall be admitted after accepting, in writing, the provisions of this Agreement and the resulting rules of procedure.
6. The headquarters of the Organization is in Paris (France).
Chapter III
Voting rights
Article 4
Each member freely establishes the number of its delegates, but has only a number of basic votes Equal to two, plus, where appropriate, an additional number of votes calculated on the basis of objective criteria determining the relative place of each Member State in the wine sector, under the conditions laid down in Annexes 1 and 1 No. 2 which form an integral part of this Agreement. The total of these two digits is the number of weighted votes. The updating of the coefficient determining the situation of each Member State in the wine sector shall be carried out periodically in accordance with the provisions of Annex 1.
Chapter IV
Modalities of Operation,
Article 5 decision-making process
1. The General Assembly is the supreme body of the OIV. It discusses and adopts the regulations concerning the organisation and functioning of the OIV and the motions for resolutions of a general, scientific, technical, economic and legal nature, as well as for the creation or deletion of Commissions and sub-committees. It shall adopt the revenue and expenditure budget within the limits of existing appropriations, control and approve the accounts. It adopts the protocols for cooperation and cooperation in the field of the vine and the products derived from it, which the OIV can do with international organisations. The General Assembly meets once a year. Extraordinary sessions may be convened at the request of one third of the members of the OIV
The actual attendance at sessions of delegates of one third of the members representing at least half of the weighted votes shall be required for the validity of the deliberations. The representation of a member may be entrusted to the delegation of another member, but a delegation may exercise only one representation in addition to its own.
3. (a) Consensus is the normal mode of decision of the General Assembly for the adoption of motions for resolutions of a general, scientific, technical, economic, legal and technical nature, as well as for the establishment or deletion of commissions and Sub-committees. The same shall apply to the Executive Committee in the exercise of its powers in this field.
(b) The consensus shall not apply to the election of the President of the OIV, the Chairmen of the Committees, sub-committees and the Director-General, as well as the Vote on budget and members' financial contributions. It also does not apply to other financial decisions such as those laid down in the Rules of Procedure.
(c) In the event that the General Assembly or the Executive Committee fails to reach a consensus at the first presentation of a Chairman shall take all initiatives to consult members in order to bring the points of view closer together in the period preceding the General Assembly or the next Executive Committee. When all attempts to reach consensus have failed, the President may proceed to a qualified majority vote, two-thirds plus one, of the members present or represented, on the basis of one vote per member. However, if a member considers that his or her essential national interests are threatened, the vote will be postponed by one year. If this position is confirmed subsequently, in writing, by the Minister of Foreign Affairs or any other competent political authority of the member concerned, the vote shall not be
. (a) The election of the President of the OIV, the Chairmen of committees and sub-committees, of the Director-General shall be effected by a weighted qualified majority vote, two-thirds plus one, of the weighted votes of the members present or represented, Provided that half plus one of the members present or represented were in favour of the candidate. In the event that these conditions are not met, an Extraordinary General Assembly shall be convened within a period not exceeding three months. During this period and following the case, the President, the Chairpersons of the committees and sub-committees, the Director-General, in office shall be maintained in his or her responsibilities.
(b) The term of office of the President of the OIV, of the Chairmen of committees and sub-committees shall be three years. The term of office of the Director General shall be five years; he shall be re-elected for another term of five years, under the same conditions as those required for his election. The General Assembly may at any time revoke the Director General under the conditions of combined majorities that presided over his election.
5. The vote on the budget and the financial contributions of the members shall be carried out by a weighted qualified majority, or two-thirds plus one, of the weighted votes of the members present or represented. The General Assembly shall, under the same conditions, appoint a financial auditor, on a joint proposal by the Director-General and the Office of the OIV, with favorable opinion of the Executive
. The official languages are English, French and Spanish. Their financing shall be determined in Annex 2 to this Agreement. However, the General Assembly may adapt it as necessary under the conditions laid down in Article 5 (3) (a). At the request of one or more members, other languages shall be added in accordance with the same funding arrangements, in particular Italian and German, in order to improve communication between members. Prior to this, the users concerned must have formally accepted their new financial contribution following their request. In addition to a total of five languages, any new application shall be submitted to the General Assembly, which shall take its decision in accordance with the conditions laid down in Article 5 (3) (a). French remains the language of reference in case of dispute with non-members of the Organization.
7. The governing bodies of OIV operate in an open and transparent manner.
Chapter V
OIV Financing
Article 6
1. Any member of the OIV shall pay a financial contribution fixed each year by the General Assembly. Its terms of reference shall be established by application of the provisions laid down in Annexes 1 and 2 to this Agreement. The financial contribution of prospective new members shall be determined by the General Assembly from the provisions set out in Annexes 1 and 2 to this Agreement.
2. The financial resources of the OIV shall include the mandatory annual contribution of each member and observer, as well as the results of its own activities. Compulsory contributions shall be paid to the OIV during the calendar year concerned. Beyond this, they are considered to be late.
3. The financial resources of the OIV may also include voluntary contributions from its members, donations, allocations, grants or financing of any kind from international organizations, national organizations, whether they are In accordance with the general principles established by the General Assembly, in accordance with the provisions of Article 5 (3) (a), which shall be included in the Regulation Inside.
Article 7
1. In the event of non-payment of two contributions by a member, his or her voting rights and participation in the Executive Committee and the General Assembly following the finding shall be automatically suspended. The Executive Committee shall determine, on a case-by-case basis, the conditions under which the members concerned may regularise their situation or, failing that, be considered to have denounced the
. In the event of non-payment of three successive contributions, the Director General shall notify the members or observers concerned accordingly. If it is not regularised within two years from 31 December of the third year, the members or observers concerned are automatically excluded.
Chapter VI
Participation of organizations International intergovernmental
Article 8
An international intergovernmental organization may participate in or be a member of the OIV and contribute to the financing of the Organization in Conditions to be set, on a case-by-case basis, by the General Assembly on the proposal of the Executive Committee.
Chapter VII
Amendment and revision of the Agreement
Article 9
1. Each member may propose amendments to this Agreement. The proposal shall be made in writing to the Director General. It makes it known to all other members of the Organization. If, within the period of six months from the date of the communication, half plus one of the members is in favour of the proposal, the Director General shall submit it for decision to the first General Assembly at the end of that period. The decision shall be taken by consensus of the members present or represented. Following its adoption by the General Assembly, the amendments shall be subject to the internal procedures for acceptance, approval or ratification provided for in the national legislation of the members. They shall enter into force on the thirtieth day after the deposit of the instrument of acceptance, approval, ratification or accession, bringing their total to two thirds plus one of the members of the
. The revision of this Agreement shall be instituted by law if two-thirds plus one of the members approves the application. In this case, a Conference of Members shall be convened by the care of the Government of France within six months. The programme and the revision proposals shall be communicated to the members at least two months before the meeting of the Conference. The Conference itself shall adopt its own procedure. The Director General of OIV acts as Secretary-General.
3. Before the entry into force of a revised agreement, the General Assembly of the Organization shall, under the conditions set out in this Agreement and by the rules of procedure referred to in Article 10, define the extent to which the States Parties to this Agreement that Have not deposited an instrument of acceptance, approval, ratification or accession may participate in the activities of the OIV, after its effective date.
Chapter VIII
Rules of Procedure
Article 10
The General Assembly shall adopt the OIV Regulations which shall specify, as appropriate, the terms and conditions for the implementation of this Agreement. Until such adoption, the Regulation of the International Vine and Wine Office remains in force. It lays down, in particular, the powers, the rules of operation of the bodies referred to in the preceding articles, the conditions for the participation of observers, and the procedures for examining proposals for reservations which may be made This Agreement and the administrative and financial management provisions of the OIV. It also specifies the conditions under which the documents necessary for the members of the General Assembly and the Executive Committee will be communicated to them, in particular with regard to funding, prior to decision-making on the matter.
Chapter IX
Final Clauses
Article 11
The OIV shall have legal personality and shall be granted by each of its members the legal capacity that may be necessary for the exercise of its Authority.
Article 12
Proposals for reservations to this Agreement may be made. They shall be accepted by the General Assembly in accordance with the provisions of Article 5 (3) (a).
Article 13
This Agreement shall be open for signature by all Member States The International Vine and Wine Office until 31 July 2001. It shall be subject to acceptance, approval, ratification or accession.
Article 14
Any State not referred to in Article 13 of this Agreement may apply to accede to it. Applications for accession shall be sent directly to the OIV, with a copy to the Government of the French Republic, which shall make their notification to the signatory States or parties to this Agreement. The OIV shall inform its members of the requests submitted and of any comments made. They have a period of six months to make their views known to the OIV. At the end of the six-month period, membership shall be acquired if a majority of members did not oppose it. The depositary shall notify the State of the action taken on its request. If accepted, the State concerned will have twelve months to deposit its instrument of accession to the depositary. Any State referred to in Article 13 which has not signed this Agreement within the prescribed time limit may accede to it at any time.
Article 15
The instruments of acceptance, approval, ratification or Of accession shall be deposited with the Government of the French Republic, which shall notify the signatory States or parties to this Agreement. Instruments of acceptance, approval, ratification or accession shall be deposited in the archives of the Government of the French Republic.
Article 16
1. This Agreement shall enter into force on the first day of the year following the deposit of the thirty-first instrument of acceptance, approval, ratification or
. For each State which accepts, approves or ratifies this Agreement after its date of entry into force, this Agreement shall apply on the thirtieth day after the deposit by that State of its instrument of acceptance, approval, Ratification or accession.
3. The General Assembly of the International Vine and Wine Office defines, under the conditions laid down by the Agreement of 29 November 1924 as amended and by the rules of procedure thereunder, the extent to which the States party to the said Agreement Who have not deposited an instrument of acceptance, approval, ratification or accession may participate in the activities of the OIV after its effective date.
Article 17
1. The Agreement of November 29, 1924, as amended, shall be terminated by a unanimous decision of the first General Assembly following the entry into force of this Agreement, unless all the States party to the said Agreement have agreed, unanimously, before The entry into force of this Agreement, the conditions for termination of the effects of the said Agreement.
2. The International Organisation of Vine and Wine Succeeds in all its rights and obligations to the International Vine and Wine Office.
Article 18
Any member of this Agreement may To denounce it at any time by giving six months' written notice to the Director General of the OIV and the Government of the French Republic. Any observer may decide to withdraw from the Organization at any time by giving six months' written notice to the Director General of the OIV.
Article 19
The Government of the Republic Of this Agreement, of which the three French, Spanish and English versions are equally authentic.
In witness whereof, the undersigned duly authorized by their Government have signed this Agreement Establishing the "International Organisation of Vine and Wine" (OIV).
Done at Paris, April 3, 2001.
Done at Paris, February 25, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Dominique de Villepin
