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Decree No. 2008-920 Of 11 September 2008 On The Publication Of The International Agreement On Tropical Timber (Together Two Annexes), 1994, Done At Geneva On 26 January 1994

Original Language Title: Décret n° 2008-920 du 11 septembre 2008 portant publication de l'accord international de 1994 sur les bois tropicaux (ensemble deux annexes), fait à Genève le 26 janvier 1994

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Summary

Application of Articles 52 to 55 of the Constitution, Act No. 98-472 of 17 June 1998 authorizing the approval of the International Tropical Timber Agreement, 1994 (all two annexes).

Keywords

BUSINESS AND EUROPEAN , INTERNATIONAL AGREEMENT , TROPICAL , FOREST EXPLOITATION , PRODUCTEUR , ANNEX


JORF n°0214 of 13 September 2008 page 14185
text No. 10



Decree No. 2008-920 of 11 September 2008 on the publication of the 1994 International Tropical Timber Agreement (two annexes), made in Geneva on 26 January 1994 (1)

NOR: MAEJ0821125D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/9/11/MAEJ0821125D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/9/11/2008-920/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 98-472 of 17 June 1998 authorizing the approval of the 1994 International Tropical Timber Agreement (both annexes);
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:

Article 1


The 1994 International Tropical Timber Agreement (two annexes), made in Geneva on 26 January 1994, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.



1994 International AGREEMENT
SUR LES BOIS TROPICAUX
(SECOND APPENDIX)
Preamble


The Parties to this Agreement,
Recalling the Declaration and Programme of Action on the Establishment of a New International Economic Order, the Integrated Programme for Commodities, the text entitled "A New Partnership for Development: the Cartagena Commitment" and the relevant objectives of the Cartagena Spirit;
Recalling the 1983 International Tropical Timber Agreement and recognizing the work of the International Tropical Timber Organization and the results it has achieved since its inception, including a strategy for the international trade in tropical timber from sustainably managed sources;
Recalling further the Rio Declaration on Environment and Development, the Declaration of Principles, non-legally binding but authoritative, for a global consensus on the management, conservation and environmentally sustainable use of all types of forests, as well as the relevant chapters of Agenda 21 adopted by the United Nations Conference on Environment and Development held in June 1992 in Rio de Janeiro; the United Nations Framework Convention on Climate Change; and the Convention on Biological Diversity;
Recognizing the importance of woodwork for the economy of countries with timber-producing forests;
Recognizing further the need to promote and apply comparable and appropriate guiding principles and criteria for the management, conservation and environmentally sustainable use of all types of timber-producing forests;
Taking into account the relationship between tropical timber trade and the international timber market, as well as the need for a global perspective to improve the transparency of the international timber market;
Noting the commitment made by all members in Bali, Indonesia, in May 1990, to ensure that exports of tropical timber products come from sustainable sources by the year 2000, and recognizing principle 10 of the Declaration of Principles, not legally binding but authoritative, for a global consensus on the management, conservation and environmentally sustainable use of all types of forests, which states that additional and new financial resources should
Noting also the declaration by which consumer members who are parties to the 1983 International Tropical Timber Agreement committed themselves, at the fourth session of the United Nations Conference on the Negotiation of an Agreement to Follow the 1983 International Tropical Timber Agreement, in Geneva, on 21 January 1994, to preserve or achieve by the year 2000 sustainable management of their respective forests;
Desirous of strengthening the framework for international cooperation and policy development among members to find solutions to problems concerning the tropical timber economy,
The following agreed:

  • CHAPTER IER: OBJECTIVES



    Article 1
    Objectives


    Recognizing the sovereignty of members over their natural resources, as defined in principle 1 (a) of the Declaration of Principles, not legally binding but authoritative, for a global consensus on the management, conservation and environmentally sustainable use of all types of forests, the objectives of the 1994 International Tropical Timber Agreement (hereinafter referred to as "this Agreement") are:
    (a) To provide an effective framework for consultations, international cooperation and policy development among all members with respect to all relevant aspects of the world timber economy;
    (b) Provide a framework for consultations to promote non-discriminatory practices in timber trade;
    (c) Contribute to sustainable development;
    (d) Strengthen the capacity of members to implement a strategy to ensure that, by the year 2000, exports of timber and tropical timber products come from sustainably managed sources;
    (e) To promote the expansion and diversification of international trade in tropical timber from sustainable sources by improving the structural characteristics of international markets, taking into account, on the one hand, a long-term increase in consumption and continuity of supplies and, on the other hand, prices that reflect the costs of sustainable forest management and that are beneficial and equitable for members, as well as an improvement in markets;
    (f) Promote and support research and development to improve forest management and the efficiency of wood use, as well as to increase the capacity to conserve and promote other forest values in tropical forest-producing timber forests;
    (g) To develop and contribute to mechanisms to provide new and additional financial resources and technical expertise necessary to strengthen the capacity of producer members to achieve the objectives of this Agreement;
    (h) Improve market information with a view to ensuring greater transparency in the international timber market, including through the collection, colligating and dissemination of trade-related data, including marketed petrol data;
    (i) Promote an increased and further transformation of tropical timber from sustainable sources in producing member countries, with a view to stimulating industrialization of these countries and thus increasing their employment opportunities and export earnings;
    (j) Encourage members to support and develop tropical timber reforestation and forest management activities, as well as rehabilitation of degraded forest lands, with due regard to the interests of local communities that depend on forest resources;
    (k) Improve the marketing and distribution of tropical timber exports from sustainably managed sources;
    (l) Encourage members to develop national policies for the sustainable use and conservation of timber-producing forests and their genetic resources, and to maintain the ecological balance of the regions concerned in the context of tropical timber trade;
    (m) Promote access to technology and technology transfer, as well as technical cooperation for the achievement of the objectives of this Agreement, including on favourable and preferential terms and conditions, as mutually agreed upon;
    (n) Encourage the exchange of information on the international wood market.

  • CHAPTER II: DEFINITIONS



    Article 2
    Definitions


    For the purposes of this Agreement:
    1. By "tropical wood" means non-coniferous tropical wood for industrial use (work wood) that grows or is produced in countries between the Tropic of Cancer and the Tropic of Capricorn. This expression applies to logs, timbers, veneers and plywood. The plywood plywood that is partly made up of tropical conifers is also included in this definition;
    2. "Further transformation" means the transformation of logs into primary products of tropical wood and in semi-finished and finished products composed entirely or almost entirely of tropical wood;
    3. "Member" means a government or intergovernmental organization referred to in Article 5, which has agreed to be bound by this Agreement, whether it is in effect provisionally or permanently;
    4. "Producing member" means any country with tropical forest resources and/or net exporter of tropical timber in terms of volume, which is listed in Appendix A and which becomes a party to this Agreement, or any country not listed in Appendix A, with tropical forest resources and/or net exporter of tropical timber in terms of volume, that becomes a party to the Agreement and that the Council, with the said producer,
    5. By "consumer member" means any country referred to in Annex B that becomes a party to this Agreement, or any country not listed in Annex B that becomes a party to the Agreement and that the Council, with the consent of that country, declares a consumer member;
    6. "Organization" means the International Tropical Timber Organization established in accordance with Article 3;
    7. "Council" means the International Tropical Timber Council established in accordance with Article 6;
    8. "Special vote" means a vote requiring at least two thirds of the votes cast by the producer members present and voting and at least 60% of the votes cast by the consumer members present and voting, counted separately, provided that these votes are expressed by at least half of the producer members present and voting and at least half of the consumer members present and voting;
    9. By "separate majority vote" a vote requiring more than half of the votes cast by the producer members present and voting and more than half of the votes cast by the consumer members present and voting, counted separately;
    10. By "exercise" the period from 1 January to 31 December inclusive must be heard;
    11. "Freely usable currencies" means the deutschemark, the United States dollar, the French franc, the British pound, the yen and any other currency possibly designated by a competent international monetary organization as being in fact commonly used to make payments under international transactions and commonly negotiated in major foreign exchange markets.

  • CHAPTER III: ORGANIZATION AND ADMINISTRATION



    Article 3
    Headquarters and structure of the International Organization
    tropical timber


    1. The International Tropical Timber Organization established by the 1983 International Tropical Timber Agreement continues to ensure the implementation of the provisions of this Agreement and to monitor its operation.
    2. The Organization shall perform its functions through the International Council established pursuant to Article 6, committees and other subsidiary bodies referred to in Article 26, as well as the Executive Director and staff.
    3. The Organization has its seat in Yokohama, unless the Council decides otherwise by a special vote.
    4. The headquarters of the Organization is located at any time in the territory of a member.


    Article 4
    Members of the Organization


    There are two categories of members of the Organization:
    (a) Producer members, and
    (b) Consumer members.


    Article 5
    Participation of intergovernmental organizations


    1. Any reference made in this Agreement to "governments" shall also be deemed to be valid for the European Community and for any other intergovernmental organization with responsibilities in the negotiation, conclusion and implementation of international agreements, in particular commodity agreements. Accordingly, any mention in this Agreement of signature, ratification, acceptance or approval, or notification of provisional application, or accession, is, in the case of such intergovernmental organizations, also deemed to be, for signature, ratification, acceptance, or for notification of provisional application, or for accession, by such intergovernmental organizations.
    2. In the event of a vote on matters within their competence, such intergovernmental organizations shall have a number of votes equal to the total number of votes attributable to their member States, in accordance with Article 10. In such cases, States members of such intergovernmental organizations are not allowed to exercise their individual voting rights.

  • CHAPTER IV: INTERNATIONAL COUNCIL



    Article 6
    Composition of the International Tropical Timber Council


    1. The supreme authority of the Organization is the International Tropical Timber Council, which consists of all members of the Organization.
    2. Each member shall be represented in the Council by a representative and may designate alternates and advisers to participate in Council sessions.
    3. An alternate may be allowed to act and vote on behalf of the representative in the absence of the representative or in special circumstances.


    Article 7
    Credentials and functions of the Council


    1. The Council shall exercise all powers and perform, or ensure the performance of, all functions that are necessary for the application of the provisions of this Agreement.
    2. The Council, by special vote, shall adopt the regulations that are necessary for the application of the provisions of this Agreement, including its rules of procedure, financial rules and the status of the staff of the Organization. Financial rules govern, inter alia, the inflows and outflows of the administrative account, special account and Bali Partnership Fund. The Council may, in its rules of procedure, provide for a procedure for making decisions on specific issues without meeting.
    3. The Council shall keep the records necessary to perform the functions conferred on it by this Agreement.


    Article 8
    President and Vice-President of the Council


    1. The Council shall elect for each calendar year a President and a Vice-President, who shall not be paid by the Organization.
    2. The President and the Vice-President are elected, one of the representatives of producer members, the other among those of consumer members. The Presidency and the Vice-Chairperson shall in turn be assigned to each of the two categories of members for one year, on the understanding that this alternation does not prevent the re-election, in exceptional circumstances, of the President or Vice-President, or of both, if the Council so decides by a special vote.
    3. In the event of a temporary absence of the President, the Vice-President shall serve as Chair. In the event of a simultaneous temporary absence of the President and the Vice-President, or in the event of the absence of either or both for the remaining term of office, the Commission may elect new licensees from among representatives of producer members and/or from among representatives of consumer members, as the case may be, on a temporary basis or for the duration of the remaining term of office of the predecessor(s).


    Article 9
    Sessions of the Council


    1. As a general rule, the Council meets in regular session at least once a year.
    2. The Council shall meet in special session if it so decides or is required:
    (a) By the Executive Director acting in agreement with the President of the Council; or
    (b) By a majority of producer members or a majority of consumer members; or
    (c) By members holding at least 500 votes.
    3. The sessions of the Council shall be held at the headquarters of the Organization unless the Council, by a special vote, decides otherwise. If, at the invitation of a member, the Council meets elsewhere than at the headquarters of the Organization, the member shall bear the additional costs resulting from it.
    4. The Executive Director announces the sessions to the members and communicates the agenda with a notice of at least six weeks, except in the event of an emergency where the notice will be at least seven days.


    Article 10
    Distribution of votes


    1. Producer members hold 1,000 votes together and consumer members hold 1,000 votes together.
    2. The voting of producer members is as follows:
    a) 400 votes are also distributed among the three producing regions of Africa, Latin America and Asia-Pacific. The votes thus allocated to each of these regions are then also distributed among the producing members of this region;
    (b) 300 votes shall be distributed among producer members according to their respective share in the total tropical forest resources of all producer members; and
    (c) 300 votes are distributed among producer members proportionally to the average value of their net tropical timber exports during the last three-year period for which final figures are available.
    3. Notwithstanding the provisions of paragraph 2 of this article, the total number of votes cast in accordance with paragraph 2 of this article shall also be distributed among all producer members of the African region. If there are any remaining votes, each of these votes shall be attributed to a producer member of the African region: the first to the producer member who obtains the largest number of votes calculated in accordance with paragraph 2 of this article, the second to the producer member who comes second to the number of votes obtained, and so on until all remaining votes have been distributed.
    4. For the purpose of calculating the distribution of votes in accordance with paragraph 2 (b) of this article, "tropical forest resources" means the densely productive forest formations as defined by the Food and Agriculture Organization of the United Nations (FAO).
    5. The voices of consumer members are divided as follows: each consumer member has 10 basic votes; the rest of the vote is distributed among consumer members proportionally to the average volume of their net tropical timber imports during the three-year period beginning four calendar years prior to the distribution of votes.
    6. The Council shall distribute the votes for each fiscal year at the beginning of its first session of the year in accordance with the provisions of this article. This distribution remains in effect for the remainder of the fiscal year, subject to the provisions of paragraph 7 of this section.
    7. When the composition of the Organization changes or when the right to vote of a member is suspended or restored pursuant to a provision of this Agreement, the Council shall redistribute the votes within the category or categories of members in question, in accordance with the provisions of this Article. The Commission then sets the date on which the new distribution of votes takes effect.
    8. There can be no splitting of voices.


    Article 11
    Voting procedure on the Council


    1. Each member has, for the vote, the number of votes he holds and no member can divide his or her votes. However, a member is not required to express in the same direction as his or her own voices those authorized to use under paragraph 2 of this section.
    2. By written notification addressed to the President of the Council, any producer member may authorize, under his or her own responsibility, any other producer member, and any consumer member may authorize, under his or her own responsibility, any other consumer member to represent his or her interests and to use his or her votes at any meeting of the Council.
    3. A member who abstains is deemed not to have used his voices.


    Article 12
    Council decisions and recommendations


    1. The Council strives to make all its decisions and make all its recommendations by consensus. In the absence of consensus, all decisions and recommendations of the Council shall be adopted by a single majority vote, unless the present Agreement provides for a special vote.
    2. When a member invokes the provisions of paragraph 2 of Article 11 and his or her votes are used at a meeting of the Council, the member shall, for the purposes of paragraph 1 of this article, be considered present and voting.


    Article 13
    Quorum to Council


    1. The quorum required for any session of the Council shall be constituted by the presence of a majority of the members of each class referred to in Article 4, provided that the members so present hold at least two thirds of the total of the votes in their class.
    2. If the quorum defined in paragraph 1 of this article is not reached on the day fixed for the session or the next day, the quorum shall be constituted on the following days of the session by the presence of the majority of the members of each class referred to in Article 4, provided that the members so present hold the majority of the total votes in their category.
    3. Any member represented in accordance with paragraph 2 of Article 11 shall be considered present.


    Article 14
    Cooperation and coordination with other organizations


    1. The Council shall make all appropriate arrangements for consultation and cooperation with the United Nations and its bodies, including the United Nations Conference on Trade and Development (UNCTAD) and the Commission on Sustainable Development (CSD), intergovernmental organizations, including the General Agreement on Tariffs and Trade (GATT) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and non-governmental organizations.
    2. The Organization uses, to the extent possible, the facilities, services and expertise of existing intergovernmental, governmental and non-governmental organizations to avoid duplication of efforts to achieve the objectives of this Agreement and to strengthen the complementarity and effectiveness of their activities.


    Article 15
    Admission of observers


    The Council may invite any non-member government, or any of the organizations referred to in articles 14, 20 and 29, that concern the activities of the Organization to attend as an observer at any of the meetings of the Council.


    Article 16
    Executive Director and staff


    1. The Council, by a special vote, appoints the Executive Director.
    2. The terms and conditions of engagement of the Executive Director are set by the Board.
    3. The Executive Director is the highest official of the Organization; is accountable to the Board for the administration and operation of this Agreement in accordance with the decisions of the Council.
    4. The Executive Director shall appoint staff in accordance with the status of the Board. The Commission shall, by a special vote, establish the staff of senior management and the Professional category that the Executive Director is authorized to appoint. Any change in the staff of senior management and the Professional category is decided by the Commission by a special vote. Staff are accountable to the Executive Director.
    5. Neither the Executive Director nor any staff member shall have financial interest in the wood industry or trade, nor in related business activities.
    6. In the performance of their duties, the Executive Director and other staff members do not request or accept instructions from any member or authority outside the Organization. They refrain from any act that might have an adverse impact on their situation of responsible international officials in the final instance before the Council. Each member of the Organization must respect the exclusively international character of the responsibilities of the Executive Director and other staff and not seek to influence them in the exercise of their responsibilities.

  • CHAPTER V: PRIVILEGES AND IMMUNITES



    Article 17
    Privileges and immunities


    1. The Organization has a legal personality. In particular, it has the capacity to contract, acquire and dispose of furniture and buildings and to judge.
    2. The status, privileges and immunities of the Organization, its Executive Director, its staff and experts, as well as representatives of the members while on the territory of Japan, continue to be governed by the Headquarters Agreement between the Government of Japan and the International Tropical Timber Organization signed in Tokyo on 27 February 1988, taking into account the amendments that may be necessary for the effective implementation of this Agreement.
    3. The Organization may also enter into agreements with one or more other countries, which must be approved by the Council, concerning the powers, privileges and immunities that may be necessary for the effective implementation of this Agreement.
    4. If the Organization ' s headquarters are transferred to another country, the member shall conclude, as soon as possible, with the Organization, a headquarters agreement to be approved by the Council. Pending the conclusion of this agreement, the Organization requests the new host government to exempt tax, within the limits of its national legislation, the emoluments paid by the Organization to its staff and the assets, revenues and other assets of the Organization.
    5. The Headquarters Agreement is independent of this Agreement. However, it ends:
    (a) By agreement between the host Government and the Organization;
    (b) If the headquarters of the Organization is transferred outside the territory of the host Government; or
    (c) If the Organization ceases to exist.

  • CHAPTER VI: FINANCIAL PROVISIONS



    Article 18
    Financial accounts


    1. It is established that:
    (a) The administrative account;
    (b) The special account;
    (c) The Bali Partnership Fund; and
    (d) Any other accounts that the Board considers appropriate and necessary.
    2. The Executive Director is responsible for the management of these accounts and the Board provides in the Organization's financial rules the necessary arrangements.


    Article 19
    Administrative Account


    1. The expenses required for the administration of this Agreement shall be charged to the administrative account and shall be covered by annual contributions made by members in accordance with their respective constitutional or institutional procedures and calculated in accordance with paragraphs 3, 4 and 5 of this Article.
    2. The expenses of delegations to the Council, the committees and all other subsidiary bodies of the Council referred to in Article 26 shall be borne by interested members. When a member requests special services to the Organization, the Commission requires that member to take the cost of it.
    3. Before the end of each fiscal year, the Commission adopts the Organization's administrative budget for the following year and sets out the contribution of each member to that budget.
    4. For each fiscal year, each member's contribution to the administrative budget is proportional to the report that exists, at the time of the adoption of the administrative budget for that fiscal year, between the number of votes of that member and the total number of votes of all members. For the determination of contributions, the votes of each member count without taking into account the suspension of a member's voting rights or the resulting new distribution of votes.
    5. The Commission determines the initial contribution of any member who adheres to the Organization after this Agreement comes into force based on the number of votes that the member must hold and the unexpired portion of the current year, but the contributions requested to the other members for the current year are not changed.
    6. Contributions to administrative budgets are payable on the first day of each fiscal year. Members' contributions for the year in which they become members of the Organization are due on the date on which they become members.
    7. If a member has not paid his or her full contribution to the administrative budget within four months of the date on which it is due under paragraph 6 of this section, the Executive Director requests the member to make the payment as soon as possible. If the member has not yet paid its contribution within two months of the application, the member is requested to indicate the reasons why he has not been able to make the payment. If he has not yet paid his contribution seven months after the date on which it is due, his voting rights shall be suspended until the full payment of his contribution, unless the Council, by a special vote, decides otherwise. If, on the contrary, a member has paid his or her full contribution to the administrative budget within four months of the date on which it is due under paragraph 6 of this article, the member shall be paid a contribution in accordance with the terms and conditions established by the Board in the financial rules of the Organization.
    8. A member whose rights have been suspended pursuant to paragraph 7 of this article remains required to contribute.


    Rule 20
    Special account


    1. Two sub-accounts of the special account are established:
    (a) The sub-account of the drafts;
    (b) The sub-count of projects.
    2. Possible sources of funding for the special account are:
    (a) Common Fund for Commodities;
    (b) Regional and international financial institutions;
    (c) Voluntary contributions.
    3. The special account resources are used only for approved projects and projects.
    4. All expenditures under the pre-project sub-account are reimbursed by imputation on the project sub-account if the projects are then approved and funded. If, within six months after the entry into force of this Agreement, the Commission has not received any funds for the sub-counting of the preliminary drafts, it shall review the situation and make appropriate decisions.
    5. All revenues related to well-identified drafts or projects under the special account are included in this account. All expenses related to these preliminary projects or projects, including the remuneration and travel of consultants and experts, are to be charged on the same account.
    6. The Council shall, by a special vote, establish the conditions and conditions under which, at the appropriate time and in the appropriate cases, it would sponsor projects for their financing through loans, where one or more members have voluntarily assumed all obligations and responsibilities relating to these loans. The Organization assumes no obligation for these loans.
    7. The Commission may designate and sponsor any entity, with the approval of the entity, including a member or group of members, who will receive loans for the financing of approved projects and assume all the obligations arising therefrom, on the understanding that the Organization reserves the right to monitor the use of resources and to monitor the execution of such projects. However, the Organization is not responsible for the guarantees voluntarily given by any member or other entities.
    8. The membership of the Organization shall not, for any member, entail any liability for borrowing or loans made for projects by any other member or entity.
    9. If voluntary contributions without a fixed assignment are made to the Organization, the Board may accept these funds. These funds may be used for approved projects and projects.
    10. The Executive Director endeavours to seek, on the terms and conditions that the Council may establish, adequate and secure funding for the preliminary projects and projects approved by the Council.
    11. Contributions for specific approved projects are used only for projects to which they were originally intended, unless the Commission decides otherwise with the contributor's agreement. After the completion of a project, the Organization shall return to each contributor to the specific projects the possible balance of the funds, prorated by each contributor in the total of the contributions initially paid to finance this project, unless the contributor agrees otherwise.


    Article 21
    Bali Partnership Fund


    1. It is established a Fund for the Sustainable Management of Tropical Timber Producers Forests, to assist producer members in making the necessary investments to achieve the objective set out in Article 1(d) of this Agreement.
    2. The Fund consists of:
    (a) Contributions from donor members;
    (b) 50 per cent of income generated by special account activities;
    (c) Resources from other sources, private and public, which the Organization can, in accordance with its financial rules, accept.
    3. The Fund's resources are allocated by the Commission only for preliminary projects and projects that meet the purposes set out in paragraph 1 of this section and approved in accordance with section 25.
    4. For the allocation of Fund resources, the Commission considers:
    (a) Special needs of members whose contribution from the forest and timber sector to their economies is weakened by the implementation of the strategy to ensure that by the year 2000 the exports of tropical timber and tropical timber products come from sustainablely managed sources;
    (b) The needs of members who have large forest areas and have programmes for the conservation of timber-producing forests.
    5. The Commission examines annually the adequacy of the Fund's resources and strives to obtain the additional resources required by producer members to meet the Fund's purpose. The ability of members to implement the strategy referred to in paragraph 4 (a) of this section is influenced by the availability of resources.
    6. The Commission defines the financial management policies and rules relating to the operation of the Fund, including the rules relating to the liquidation of accounts at the end or expiry of this Agreement.


    Article 22
    Payment methods


    1. Contributions to the administrative account are payable in currencies freely usable and are not subject to exchange restrictions.
    2. Financial contributions to the special account and the Bali Partnership Fund are payable in currencies that are freely usable and are not subject to exchange restrictions.
    3. The Commission may also decide to accept contributions to the special account or the Bali Partnership Fund in other forms, including in the form of equipment or scientific and technical personnel, to meet the needs of approved projects.


    Article 23
    Audit and publication


    1. The Board appoints independent auditors to audit the Organization's accounts.
    2. Statements of the administrative account, the special account and the Bali Partnership Fund, audited by the independent auditors, are made available to members as soon as possible after the end of each fiscal year, but not more than six months after that date, and the Board shall consider them for approval at its next session, as appropriate. A summary of the audited accounts and balance sheet is then published.

  • CHAPTER VII: OPERATIONAL ACTIVITIES



    Article 24
    Activities related to the Organization's general policy


    In order to achieve the objectives set out in Article 1, the Organization undertakes activities related to general policy and projects in the areas of economic information and market information, reforestation, forestry and forestry, by proceeding in a balanced manner and integrating as much as possible general policy work and project activities.


    Rule 25
    Organization project activities


    1. In the light of the needs of developing countries, members may submit to the Council proposals for draft and project proposals in the areas of research and development, trade information, increased and further transformation in producer member countries, reforestation and forest management. Pre-projects and projects should contribute to the achievement of one or more objectives of this Agreement.
    2. To approve drafts and projects, the Commission considers:
    (a) Their relevance to the objectives of this Agreement;
    (b) their ecological and social implications;
    (c) The desirable nature of maintaining an appropriate geographical balance;
    (d) Interests and characteristics of each of the developing producing regions;
    (e) The desirability of equitable distribution of resources among the areas mentioned in paragraph 1 of this article;
    (f) From their profitability;
    (g) The need to avoid duplication of effort.
    3. The Council shall establish a programme and procedures for the submission, study and priority classification of the preliminary projects and projects that seek funding from the Organization and for their implementation, monitoring and evaluation. The Commission determines the approval of drafts and projects to be funded or sponsored in accordance with sections 20 and 21.
    4. The Executive Director may suspend the disbursement of the Organization's funds for a preliminary project or project if these funds are not used in accordance with the project document, or in the event of abuse of trust, waste, neglect or mismanagement. Le Directeur exécutif présente un rapport au Conseil à sa session suivante, pour examen. The Commission makes the necessary decisions.
    5. The Council may, by a special vote, decide not to sponsor a draft or draft.


    Rule 26
    Institution of committees


    1. The following committees are established by the Agreement as committees of the Organization:
    (a) Committee on Economic Information and Market Information;
    (b) Reforestation and Forest Management Committee;
    (c) Forestry Industry Committee;
    (d) Financial and administrative committee.
    2. The Council may, by special vote, establish the other committees and subsidiary bodies that it considers appropriate and necessary.
    3. Each committee is open to all members. The rules of procedure of the committees shall be decided by the Council.
    4. The committees and subsidiary bodies referred to in paragraphs 1 and 2 of this article shall be accountable to the Council and shall work under its general direction. The meetings of the committees and subsidiary bodies are convened by the Council.


    Rule 27
    Functions of committees


    1. The functions of the Market Information and Information Committee are as follows:
    (a) Review the availability and quality of the statistics and other information that the Organization needs;
    (b) Analyze the statistical data and specific indicators established by the Council for the Monitoring of International Trade in Timber;
    (c) Continue to monitor the international timber market, its current situation and short-term prospects on the basis of the data referred to in paragraph (b) above and other relevant information, including information on non-statistical exchanges;
    (d) To make recommendations to the Council on the need and the nature of appropriate studies on tropical timber, including prices, market elasticity, substitution products, the marketing of new products and the long-term prospects of the international tropical timber market, to follow the execution of the studies requested by the Council and to examine them;
    (e) To carry out all other tasks entrusted to it by the Council concerning the economic, technical and statistical aspects of wood;
    (f) Facilitate technical cooperation for developing member countries to improve their relevant statistical services.
    2. The functions of the Reforestation and Forest Management Committee are as follows:
    (a) Promote cooperation among members as partners in the development of forest activities in member countries, including in the following areas:
    (i) Reforestation;
    (ii) Rehabilitation;
    (iii) Forest management;
    (b) Encourage increased technical assistance and technology transfer to developing countries in the areas of reforestation and forest management;
    (c) Monitoring ongoing activities in these areas; identifying and examining possible problems and solutions in cooperation with relevant organizations;
    (d) regularly examine the future needs of international trade in tropical timber and, on this basis, identify and examine possible and appropriate plans and measures in the areas of reforestation, rehabilitation and forest management;
    (e) Facilitate the transfer of knowledge on reforestation and forest management, with the assistance of relevant organizations;
    (f) Coordinating and harmonizing these activities for cooperation in the field of reforestation and forest management, with the relevant activities carried out elsewhere, including under the auspices of the Food and Agriculture Organization of the United Nations (FAO), the United Nations Environment Programme (UNEP), the World Bank, the United Nations Development Programme (UNDP), regional development banks and other relevant organizations.
    3. The functions of the Forestry Industry Committee are as follows:
    (a) Promote cooperation among member countries as partners in the development of transformation activities undertaken by producer member countries, including in the following areas:
    (i) Product development through technology transfer;
    (ii) Human resources development and training;
    (iii) Standardization of the nomenclature of tropical woods;
    (iv) Harmonization of specifications for processed products;

    (v) Encouragement of investment and joint ventures;
    (vi) Commercialization, including the promotion of lesser known and less used species;
    (b) Promote the exchange of information to facilitate the structural changes involved in the increased and further transformation, in the interest of all member countries, in particular developing member countries;
    (c) Monitoring ongoing activities in this area and identifying and examining possible problems and solutions in cooperation with relevant organizations;
    (d) Encourage the increase of technical cooperation for the processing of tropical timber for the benefit of producing member countries.
    4. In order to promote the balanced conduct of the Organization's activities in terms of policy and projects, the Committee on Economic Information and Market Information, the Committee on Reforestation and Forest Management and the Committee on Forest Industry must all:
    (a) Effective evaluation, monitoring and evaluation of projects and projects:
    (b) Make recommendations to the Council on drafts and projects;
    (c) Follow the execution of the drafts and projects and ensure the gathering and dissemination of their results as widely as possible, for the benefit of all members;
    (d) Develop and propose policy ideas to the Council;
    (e) regularly review the results of project and policy activities and make recommendations to the Council on the future programme of the Organization;
    (f) Review regularly the strategies, criteria and priority areas for the development of the programme and the work on projects contained in the Organization's action plan and recommend to the Council the necessary modifications;
    (g) Take into account the need to strengthen capacity-building and human resources development in member countries;
    (h) perform any other tasks related to the objectives of this Agreement entrusted to them by the Council.
    5. Research and development is a common function of the committees referred to in paragraphs 1, 2 and 3 of this section.
    6. The functions of the Financial and Administrative Committee are as follows:
    (a) Review proposals for the administrative budget and management operations of the Organization and make recommendations to the Board on their approval;
    (b) Review the Organization's assets to ensure prudent management and ensure that the Organization has sufficient reserves to carry out its work;
    (c) Review the budgetary implications of the Organization's annual programme of work and possible measures to ensure the necessary resources for its implementation, and make recommendations to the Council in this regard;
    (d) Recommend to the Board the selection of independent auditors and review the audited accounts;
    (e) Recommend to the Commission any changes it may deem necessary to make to the rules of procedure and financial rules;
    (f) Review the Organization ' s revenues and the extent to which they represent a constraint for the work of the secretariat.

  • CHAPTER VIII: RELATIONS WITH THE COMMON FUNDS FOR BASE PRODUCTS



    Rule 28
    Relations with the Common Fund for Commodities


    The Organization fully benefits from the facilities of the Common Fund for Commodities.

  • CHAPTER IX: STATISTICS, STUDIES AND INFORMATION



    Rule 29
    Statistics, studies and information


    1. The Council establishes close relations with relevant intergovernmental, governmental and non-governmental organizations to facilitate the collection of recent and reliable data and information on tropical timber trade and relevant data on non-tropical timber and on the sustainable management of timber-producing forests. As it considers it necessary for the operation of this Agreement, the Organization, in cooperation with these organizations, collects, collige and, where appropriate, publishes statistical information on the production, supply, trade, stocks, consumption and prices of the timber market, the extent of timber resources and the management of timber-producing forests.
    2. Members shall, to the extent permitted by their national legislation and within a reasonable time, provide statistics and information on timber, trade and activities for the sustainable management of timber-producing forests, as well as other information requested by the Commission. The Commission decides on the type of information to be provided pursuant to this paragraph and how such information should be submitted.
    3. The Commission periodically prepares the necessary studies on the short- and long-term trends and challenges of international timber markets, as well as on the progress made towards sustainable management of timber-producing forests.


    Rule 30
    Annual report and review


    1. The Commission shall issue, within six months after the end of each calendar year, an annual report on its activities and any other information it considers appropriate.
    2. The Commission considers and assesses each year:
    (a) The international situation concerning timber;
    (b) Other factors, questions and elements that it considers relevant to the achievement of the objectives of this Agreement.
    3. The review shall be conducted in the light of:
    (a) Information provided by members on the production, trade, supply, stocks, consumption and national prices of timber;
    (b) Other statistical data and specific indicators provided by members at the request of the Council;
    (c) Information provided by members on the progress made towards sustainable management of timber-producing forests;
    (d) Other relevant information that the Council may obtain either directly or through organizations of the United Nations system and intergovernmental, governmental or non-governmental organizations.
    4. The Council encourages an exchange of views among member countries on:
    (a) The situation with regard to the sustainable management of timber-producing forests and related issues in member countries;
    (b) Resource flows and needs with respect to the objectives, criteria and guiding principles established by the Organization.
    5. Upon request, the Council is committed to strengthening the technical capacity of member countries, in particular developing member countries, to obtain the data necessary for the sharing of adequate information, including by providing members with resources for training and facilities.
    6. The results of the review are reflected in the reports on the Board's deliberations.

  • CHAPTER X: OTHER PROVISIONS



    Rule 31
    Complaints and disputes


    Any complaint against a member for breach of its obligations under this Agreement and any dispute relating to the interpretation or application of this Agreement shall be referred to the Council for decision. The Commission ' s decisions on this matter are final and binding.


    Rule 32
    General obligations of members


    1. For the duration of this Agreement, members shall make every effort and cooperation to promote the achievement of its objectives and to avoid any action that would be contrary to it.
    2. Members undertake to accept and implement the decisions that the Council makes under the provisions of this Agreement and ensure that they do not apply measures that would limit or counteract these decisions.


    Rule 33
    Expenditure


    1. Where exceptional circumstances or reasons of force majeure which are not expressly contemplated in this Agreement require it, the Council may, by a special vote, exempt a member from an obligation prescribed by this Agreement if the explanations given by that member convince him of the reasons for his or her failure to comply with that obligation.
    2. The Council, when granting an exemption to a member under paragraph 1 of this article, shall specify the terms, conditions, duration and reasons.


    Rule 34
    Differential and corrective measures and special measures


    1. Importing developing members whose interests are adversely affected by measures taken under this Agreement may request appropriate differential and corrective measures from the Council. The Council is considering taking appropriate action in accordance with paragraphs 3 and 4 of section III of resolution 93 (IV) of the United Nations Conference on Trade and Development.
    2. Members of the least developed country category as defined by the United Nations may request special measures from the Council in accordance with section III, paragraph 4, of resolution 93 (IV) and paragraphs 56 and 57, of the Paris Declaration and the Programme of Action for the Least Developed Countries for the 1990s.


    Rule 35
    Review


    The Commission will review the scope of this Agreement four years after the entry into force of this Agreement.


    Rule 36
    Non-discrimination


    Nothing in this Agreement authorizes the use of measures to restrict or prohibit international trade in wood and wood products, in particular with regard to imports and the use of wood and wood products.

  • CHAPTER XI: FINAL PROVISIONS



    Rule 37
    Depositary


    The Secretary-General of the United Nations shall be designated as depositary of this Agreement.


    Rule 38
    Signature, ratification, acceptance and approval


    1. This Agreement shall be open for signature by the Governments invited to the United Nations Conference on the Negotiation of an Agreement to Follow the International Tropical Timber Agreement, 1983, at United Nations Headquarters, from 1 April 1994 to the expiration of one month after the date of its entry into force.
    2. Any Government referred to in paragraph 1 of this section may:
    (a) At the time of signing this Agreement, declare that by this signature it expresses its consent to be bound by this Agreement (final signature); or
    (b) After signing this Agreement, ratify, accept or approve it by depositing an instrument to that effect with the depositary.


    Rule 39
    Access


    1. Governments of all States may accede to this Agreement under the conditions determined by the Council, which include a deadline for the deposit of instruments of accession. The Commission may, however, grant an extension to governments that are unable to adhere within the time limit.
    2. The accession is made by the deposit of an instrument of accession to the depositary.


    Rule 40
    Notification of provisional application


    A signatory government that intends to ratify, accept or approve this Agreement, or a government for which the Council has established conditions of accession but which has not yet been able to deposit its instrument, may at any time notify the depositary that it will apply the Agreement on an interim basis, either when it comes into force in accordance with Article 41 or, if it is already in force, at a specified date.


    Rule 41
    Entry into force


    1. The Agreement shall enter into force on a final basis on 1 February 1995 or at any later date, if 12 governments of producing countries holding at least 55% of the total of the votes allocated in accordance with Annex A to this Agreement and 16 governments of consumer countries holding at least 70% of the total of the votes allocated in accordance with Annex B to this Agreement have definitively signed or ratified, accepted or endorsed, this Agreement in accordance with paragraph 2 of this Agreement.
    2. If this Agreement has not entered into force on a final basis on 1 February 1995, it shall enter into force on an interim basis on that date or on any date within six months after that date, if 10 governments of producing countries holding at least 50% of the total of the votes cast in accordance with Annex A to this Agreement and 14 governments of consumer countries holding at least 65% of the total of the votes cast in accordance with Annex B to this Agreement have definitively signed
    3. If the conditions of entry into force provided for in paragraph 1 or paragraph 2 of this Article are not met on 1 September 1995, the Secretary-General of the United Nations shall invite the Governments that have signed this Agreement permanently or have ratified, accepted or approved it in accordance with Article 38, paragraph 2, or that have notified the depositary that they will apply this Agreement on a provisional basis, to meet as soon as possible in order to decide whether the Final Agreement between them Governments that decide to bring this Agreement into force on an interim basis may meet from time to time to reconsider the situation and decide whether the Agreement will enter into force on a final basis.
    4. For any government that has not notified the depositary, in accordance with Article 40, that it will apply this Agreement provisionally and that deposits its instrument of ratification, acceptance, approval or accession after the entry into force of the Agreement, the Agreement shall enter into force on the date of the deposit.
    5. The Executive Director of the Organization shall convene the Council as soon as possible after the entry into force of this Agreement.


    Rule 42
    Amendments


    1. The Council may, by a special vote, recommend to members an amendment to this Agreement.
    2. The Council sets out the date on which members must have notified the depositary that they accept the amendment.
    3. An amendment comes into force 90 days after the depositary has received notifications of acceptance of members comprising at least two thirds of producer members and totaling at least 75% of the votes of producer members, and of members constituting at least two thirds of consumer members and totaling at least 75% of the votes of consumer members.
    4. After the depositary has informed the Council that the requirements for the entry into force of the amendment have been met, and notwithstanding the provisions of paragraph 2 of this article relating to the date fixed by the Council, any member may still notify the depositary that it accepts the amendment, provided that such notification is made before the amendment comes into force.
    5. Any member who has not notified his acceptance of an amendment on the date on which the amendment enters into force ceases to be a party to this Agreement from that date, unless he has proved to the Council that he has been unable to accept the amendment in due course as a result of difficulties encountered in completing his constitutional or institutional procedure and that the Council does not decide to extend the period of acceptance for that member. This member is not bound by the amendment until he has not notified that he accepts it.
    6. If the conditions required for the entry into force of the amendment are not met on the date fixed by the Commission in accordance with paragraph 2 of this section, the amendment shall be deemed to be withdrawn.


    Rule 43
    Withdrawal


    1. Any member may denounce this Agreement at any time after the entry into force of this Agreement, notifying its withdrawal in writing to the depositary. It simultaneously informs the Council of the decision it has taken.
    2. The withdrawal takes effect 90 days after the depositary has received notification.
    3. The withdrawal does not exempt members from financial obligations to the Organization.


    Rule 44
    Exclusion


    If the Council concludes that a member has failed to comply with the obligations imposed by this Agreement and if the Council further decides that this breach seriously impedes the operation of the Agreement, it may, by a special vote, exclude that member from the Agreement. The Council shall immediately notify the depositary. The member ceases to be a party to this Agreement six months after the date of the Commission's decision.


    Rule 45


    Liquidation of accounts of members who withdraw or are excluded or members who are unable to accept an amendment
    1. The Council proceeds to the liquidation of the accounts of a member who ceases to be a party to this Agreement because:
    (a) The non-acceptance of an amendment to the Agreement under Article 42;
    (b) The withdrawal of the Agreement pursuant to Article 43; or
    (c) Exclusion of the Agreement under Article 44.
    2. The Commission shall retain any contributions to the administrative account, special account or Bali Partnership Fund by a member who ceases to be a party to this Agreement.
    3. A member who has ceased to be a party to this Agreement shall not be entitled to any part of the proceeds of the liquidation of the Organization or any other assets of the Organization. Nor can it be charged any part of the Organization's potential deficit when this Agreement ends.


    Rule 46
    Duration, extension and termination of the Agreement


    1. This Agreement shall remain in force for a period of four years from the date of its entry into force unless the Council decides, by a special vote, to extend, renegotiate or terminate it in accordance with the provisions of this Article.
    2. The Council may, by special vote, decide to extend this Agreement for two periods of three years each.
    3. If, prior to the expiration of the four-year period referred to in paragraph 1 of this Article, or before the expiry of a period of extension referred to in paragraph 2 of this Article, as the case may be, a new agreement to replace this Agreement has been negotiated but has not yet entered into force provisionally or definitively, the Council may, by a special vote, extend this Agreement until the interim or final entry into force of the new Agreement.
    4. If a new agreement is negotiated and comes into force while this Agreement is being extended under paragraph 2 or paragraph 3 of this Article, this Agreement, as extended, shall end at the time of the coming into force of the new Agreement.
    5. The Council may at any time, by a special vote, decide to terminate this Agreement with effect on the date of its choice.
    6. Notwithstanding the end of this Agreement, the Council shall continue to exist for a period not exceeding ten months in order to proceed with the liquidation of the Organization, including the liquidation of the accounts, and, subject to the relevant decisions to be taken by a special vote, the Council shall, during that period, have the powers and functions that may be necessary for that purpose.
    7. The Council shall notify the depositary of any decision taken under this article.


    Rule 47
    Reservations


    No reservation may be made with respect to any of the provisions of this Agreement.


    Rule 48
    Additional provisions and transitional provisions


    1. This Agreement follows the International Tropical Timber Agreement of 1983.
    2. All provisions made under the 1983 International Tropical Timber Agreement, either by the Organization or by any of its bodies, on their behalf, that will be in accordance with the date of entry into force of this Agreement and that the effect of which expires on that date shall remain in effect, unless they are amended by the provisions of this Agreement.
    In faith, the undersigned, duly authorized to do so, have affixed their signatures under this Agreement to the dates indicated.
    Done in Geneva on 26 January 1994, the texts of the Agreement in English, Arabic, Chinese, Spanish, French and Russian are equally authentic.

  • Annex



    A N N E X E A


    LIST OF PRODUCTIR COUNTRIES OF TROPICAL FOREST RESOURCES, AND/OR EXPORTS NETS OF BOIS TROPICAUX IN VOLUME TERMS, AND REPARTITION OF ARTICLE VOICE 41


    Bolivia

    21

    Brazil

    133

    Cameroon

    23

    Colombia

    24

    Congo

    23

    Costa Rica

    9

    Côte d'Ivoire

    23

    El Salvador

    9

    Ecuador

    14

    Gabon

    23

    Ghana

    23

    Equatorial Guinea

    23

    Guyana

    14

    Honduras

    9

    India

    34

    Indonesia

    170

    Liberia

    23

    Malaysia

    139

    Mexico

    14

    Myanmar

    33

    Panama

    10

    Papua New Guinea

    28

    Paraguay

    11

    Peru

    25

    Philippines

    25

    Dominican Republic

    9

    United Republic of Tanzania

    23

    Thailand

    20

    Togo

    23

    Trinidad and Tobago

    9

    Venezuela

    10

    Zaire

    23

    Total

    1 000


    A N N E X E B
    LIST OF CONSUMER AND REPARTITION COUNTRIES
    ARTICLE VOICE 41



    Afghanistan

    10

    Algeria

    13

    Australia

    18

    Austria

    11

    Bahrain

    11

    Bulgaria

    10

    Canada

    12

    Chile

    10

    China

    36

    Egypt

    14

    United States of America

    51

    Russian Federation

    13

    Finland

    10

    Japan

    320

    Nepal

    10

    Norway

    10

    New Zealand

    10

    Republic of Korea

    97

    Slovakia

    11

    Sweden

    10

    Switzerland

    11

    European Community

    (302)

    Germany

    35

    Belgium/Luxembourg

    26

    Denmark

    11

    Spain

    25

    France

    44

    Greece

    13

    Ireland

    13

    Italy

    35

    Netherlands

    40

    Portugal

    18

    United Kingdom

    42

    Total

    1 000


    Statement by the European Community
    and its member States


    The European Community and its member states interpret the terms of the 1994 International Tropical Timber Agreement as follows:
    (a) unless a change in the scope of the agreement is made in accordance with Article 35, the agreement refers only to tropical timber and tropical forests;
    (b) any financial contribution, other than the contribution to the administrative budget provided for in Article 19 of the Agreement, is voluntary.


Done in Paris, September 11, 2008.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister for Foreign Affairs

and European,

Bernard Kouchner

(1) This Agreement entered into force on 17 August 2006.
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