Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2010-206 of 2 March 2010 authorizing approval of the 2006 International Tropical Timber Agreement;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The 2006 International Tropical Timber Agreement (two annexes), adopted in Geneva on 27 January 2006, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D
INTERNATIONAL DE 2006 SUR LES BOIS TROPICAUX
Preamble:
The Parties to this Agreement,
(a) 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" and the Spirit of São Paulo and the São Paulo Consensus, which the United Nations Conference on Trade and Development (UNCTAD) adopted at its eleventh session;
(b) Recalling also the International Tropical Timber Agreement, 1983, and the International Tropical Timber Agreement, 1994, 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;
(c) Recalling further the Johannesburg Declaration and Plan of Implementation adopted by the World Summit on Sustainable Development in September 2002, the United Nations Forum on Forests established in October 2000 and the related creation of the Partnership for Collaboration on Forests, of which the International Tropical Timber Organization is a member, as well as the Rio Declaration on Environment and Development, the Declaration of Principles, not legally binding but authoritative, for a global consensus on
(d) Recognizing that, under the Charter of the United Nations and the principles of international law, States have the sovereign right to use their own resources in accordance with their environmental policy and have the duty to ensure that activities carried out within or under their jurisdiction do not cause harm to the environment of other States or in regions that do not fall within any national jurisdiction, in accordance with the provisions of principle 1(a) of the Declaration that are binding
(e) Recognizing the importance of woodwork and its trade for the economy of producing countries;
(f) Recognizing also the importance of the multiple economic, environmental and social benefits of forests, including timber and forest products other than timber and environmental services, in the context of sustainable forest management at the local, national and global levels, and the contribution of sustainable forest management to sustainable development, poverty alleviation and to the achievement of the international development goals, including those set out in the Millennium Declaration;
(g) Recognizing further the need to promote and implement comparable criteria and indicators for sustainable forest management as important tools for members to assess, monitor and promote progress towards sustainable forest management;
(h) Taking into account the relationship between tropical timber trade, the international timber market and the global economy in the broad sense, as well as the need to be placed from a global perspective in order to improve the transparency of international timber trade;
(i) Reaffirming their commitment to ensure that, within the shortest possible time, exports of tropical timber and derivatives come from sustainably managed sources (the target set for the year 2000 by ITTO), and recalling the establishment of the Bali Partnership Fund;
(j) Recalling the commitment made in January 1994 by consumer members to preserve or ensure sustainable management of their respective forests;
(k) Noting that good governance, clear land tenure and cross-sectoral coordination contribute to sustainable forest management and the export of timber from licit sources;
(l) Recognizing the importance of collaboration among members, international organizations, the private sector and civil society, including indigenous and local communities, and other actors to promote sustainable forest management;
(m) Recognizing also the importance of such collaboration to better respect forest law and promote the exchange of timber exploited in accordance with legality;
(n) Noting also that the capacity-building of indigenous and local communities that depend on forests, including forest owners and managers, can contribute to the achievement of the objectives of this Agreement;
(o) Noting further the need to improve the standard of living and working conditions in the forest sector, taking into account internationally recognized principles in this area, and relevant conventions and instruments of the International Labour Organization;
(p) Noting that wood is a raw material with high energy efficiency, renewable and ecological relative to competing products;
(q) Recognizing the need to increase investment in sustainable forest management, including by reinvesting revenues from forests and timber trade;
(r) Recognizing also the positive market price effects that integrate the costs of sustainable forest management;
(s) Recognizing further the need for increased and predictable financial resources from a broad donor community to contribute to the achievement of the objectives of this Agreement;
(t) Taking into account the special needs of the least developed countries producing tropical timber;
The following agreed:
Article 1
Objectives
The objectives of the 2006 International Tropical Timber Agreement (hereinafter referred to as "this Agreement") are to promote the expansion and diversification of international trade in tropical timber from forests under sustainable management and exploitation in accordance with legality and to promote the sustainable management of tropical timber-producing forests by:
(a) Facilitating an effective organization of consultations, international cooperation and policy development among all members with regard to all relevant aspects of the world timber economy;
(b) Facilitating consultations to promote non-discriminatory practices in the trade in timber;
(c) Contributed to sustainable development and poverty alleviation;
(d) Strengthening the capacity of members to implement a strategy to ensure that exports of tropical timber and derivatives come from sustainably managed sources;
(e) Improving the knowledge of the structural characteristics of international markets, including long-term trends in consumption and production, factors affecting market access, consumer preferences and consumer prices, as well as price conditions that incorporate the costs of sustainable forest management;
(f) Promoting and supporting research and development for better forest management, more efficient use of wood and greater competitiveness of products derived from competing materials, as well as to increase the capacity to conserve and promote other forest resources in tropical timber-producing forests;
(g) Designing and supporting mechanisms to provide new and additional financial resources in order to mobilize adequate and predictable funds and the technical skills necessary to strengthen the capacity of producer members to achieve the objectives of this Agreement;
(h) Improving trade and economic information and encouraging the exchange of information on the international tropical timber market with a view to ensuring greater transparency and information on markets and their trends, including through the collection, compilation and dissemination of trade-related data, in particular on marketed species;
(i) Fostering in producer member countries a greater and more advanced transformation of tropical timber from sustainable sources, with a view to stimulating the industrialization of these countries and thus increasing their employment opportunities and export earnings;
(j) Encouraging members to support and develop tropical timber reforestation activities, as well as the rehabilitation and restoration of degraded forest lands, with due regard to the interests of local communities that depend on forest resources;
(k) Enhancing the marketing and distribution of tropical timber and derivatives exports from sources that are subject to sustainable management and legal exploitation and that are marketed lawfully, including by raising consumer awareness;
(l) Strengthening the capacity of members to collect, process and disseminate statistics on their timber trade and information on the sustainable management of their tropical forests;
(m) Encouraging members to develop national policies for the sustainable use and conservation of timber-producing forests and the maintenance of ecological balance in the context of tropical timber trade;
(n) Strengthening the capacity of members to improve the application of forest law and governance and to combat illegal slaughter of tropical timber and related trade;
(o) Encouraging the exchange of information in order to better understand such optional mechanisms, including certification, in order to promote sustainable management of tropical forests, and by supporting the efforts of members in this area;
(p) Facilitating 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;
(q) Promoting a better understanding of the contribution of forest products other than timber and ecological services to the sustainable management of tropical forests, and cooperation with relevant institutions and processes to this end;
(r) Encouraging members to recognize the role of indigenous and local forest-dependent communities in sustainable forest management and to develop strategies to enhance the capacity of these communities to sustainably manage tropical forest-producing forests;
(s) Identifying and studying new or recent issues.
Article 2
Definitions
For the purposes of this Agreement:
1. By "tropical woods" we must hear tropical woods for industrial use (work wood) that come from forests or are produced in countries between the Tropic of Cancer and the Tropic of Capricorn. This expression applies to logs, timber, veneer and plywood;
2. "Sustainable forest management" means the meaning given in the relevant policy documents and technical guidelines of the Organization;
3. "Member" means a government, the European Community or any 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. By "producing member" means any member located between the Tropic of Cancer and the Tropic of Capricorn, with tropical forest resources and/or net exporter of tropical timber in terms of volume, which is referred to in Appendix A and which becomes a party to this Agreement, or any member with tropical forest resources and/or net exporter of tropical timber in terms of volume, not mentioned in Appendix A, who
5. By "consumer member" means any importing member of tropical timber referred to in Annex B who becomes a party to this Agreement, or any importing member of tropical timber that is not listed in Annex B and becomes a party to the Agreement and that the Commission, with the consent of that member, 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. "Birth year" means the period from January 1st to December 31st inclusive of the following year;
11. "Freely convertible currencies" means the United States dollar, the euro, the Swiss 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;
12. For the purpose of calculating the distribution of votes in accordance with paragraph 2 (b) of Article 10, the dense natural forests and forest plantations between the Tropic of Cancer and the Tropic of Capricorn must be understood by "tropical forest resources".
Article 3
Organization headquarters and structure
International 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 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 headquarters of the Organization is located at any time in the territory of a member.
4. The Organization shall have its seat in Yokohama, unless the Council decides otherwise by a special vote, in accordance with Article 12.
5. It is possible to establish regional offices of the Organization if the Council so decides by a special vote, in accordance with Article 12.
Article 4
Members of the organization
There are two categories of members of the Organization:
(a) The producers;
(b) Consumers.
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 intergovernmental organization with comparable responsibilities in the negotiation, conclusion and application of international agreements, in particular agreements on commodities. 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 organizations, deemed also to be, for signature, ratification, acceptance or approval, or for notification of provisional application, or for accession, by such organizations.
2. In the event of a vote on matters within their competence, the European Community and the intergovernmental organizations referred to in paragraph 1 shall have a number of votes equal to the total number of votes attributable to their member States, which are parties to this Agreement in accordance with Article 10. In such cases, States members of such organizations are not allowed to exercise their individual voting rights.
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 Board
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. In particular, the Council:
(a) By a special vote, in accordance with Article 12, adopts the rules and regulations that are necessary for the application of the provisions of this Agreement and that are in conformity with them, including its rules of procedure, financial rules and the status of the staff of the Organization. Financial rules and regulations govern, inter alia, the inflows and outflows of accounts created in section 18. The Council may, in its rules of procedure, provide for a procedure for making decisions on specific issues without meeting;
(b) Takes the decisions deemed necessary to ensure the proper functioning of the Organization;
(c) Detains the archives that it needs to perform the functions conferred by this Agreement.
Article 8
Chair and Vice-Chair
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.
3. The Presidency and the Vice-Chair 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.
4. In the event of a temporary absence of the President, the Vice-President shall act as President. 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 the representatives of producer members or from among the 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
Board sessions
1. As a general rule, the Council holds at least one regular session per year.
2. The Council shall meet in special session if it so decides or is required by a member or the Executive Director in accordance with the President and Vice-President of the Council and:
(a) By a majority of producer members or a majority of consumer members; or
(b) By a majority of members.
3. The sessions of the Council shall be held at the seat of the Organization unless the Council, by a special vote in accordance with Article 12, decides otherwise. In this regard, the Council endeavours to hold a two-way session outside the Organization's headquarters, preferably in a producer country.
4. In examining the periodicity of its sessions and the venue for their holding, the Council ensures that sufficient funds are available.
5. 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 the Caribbean 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;
(c) 300 votes are distributed among producer members proportionally to the average value of their respective net exports of tropical timber 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. Subject to paragraph 5 of this article, the voices of consumer members shall be divided as follows: each consumer member shall have 10 basic votes; the remainder of the vote is distributed among consumer members proportionally to the average volume of their respective net imports of tropical timber during the five-year period beginning six calendar years before the distribution of votes.
5. The number of votes attributed to a consumer member cannot increase by more than 5% from one biennium to another. The excess voices are distributed among consumer members proportionally to the average volume of their respective net imports of tropical timber during the five-year period beginning six calendar years prior to the distribution of votes.
6. The Commission may, by special vote in accordance with Article 12, amend the minimum percentage required for a special vote by consumer members if it deems necessary.
7. The Council shall distribute the votes for each biennium at the beginning of its first session of the biennium in accordance with the provisions of this article. This distribution remains in effect for the remainder of the biennium, subject to the provisions of paragraph 8 of this article.
8. 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.
9. There can be no splitting of voices.
Article 11
Voting procedure on board
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.
2. 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.
3. 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
Executive Director and staff
1. The Council, by a special vote, in accordance with Article 12, shall appoint 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. 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.
Article 15
Cooperation and coordination with other organizations
1. To achieve the objectives of this Agreement, the Council shall make all appropriate arrangements for consultation and cooperation with the United Nations and its specialized agencies and bodies, including the United Nations Conference on Trade and Development (UNCTAD) and other relevant international and regional organizations and institutions, as well as with the private sector, non-governmental organizations and civil society.
2. The Organization uses, to the extent possible, the facilities, services and expertise of intergovernmental, governmental and non-governmental organizations, civil society and the private sector to avoid duplication of efforts to achieve the objectives of this Agreement and to strengthen the complementarity and effectiveness of their activities.
3. The Organization fully benefits from the facilities of the Common Fund for Commodities.
Article 16
Admission of observers
The Council may invite any Member State or observer of the United Nations that is not a party to this Agreement or any organization referred to in Article 15 interested in the activities of the organization to attend as an observer at the sessions of the Council.
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.
Article 18
Financial accounts
1. It is established that:
(a) The administrative account, which is financed by the assessments of members;
(b) The special account and the Bali Partnership Fund, which are funded through voluntary contributions;
(c) Any other accounts that the Board considers appropriate and necessary.
2. The Commission shall, in accordance with Article 7, adopt financial rules that ensure transparent management and administration of accounts, including rules governing the liquidation of accounts at the end or expiry of this Agreement.
3. The Executive Director is responsible for the management of these financial accounts before the Board, to which he reports.
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 4, 5 and 6 of this Article.
2. The Administrative Account finances:
(a) Basic administrative expenses such as salaries and benefits, installation costs and travel expenses;
(b) Essential operational expenditures related, inter alia, to communication and outreach, expert meetings convened by the Council, and to the development and publication of studies and evaluations under Articles 24, 27 and 28 of this Agreement.
3. 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.
4. Before the end of each biennium, the Board shall adopt the budget for the administrative account of the Organization for the following biennium and shall determine the contribution of each member to that budget.
5. Contributions to the administrative account for each biennium are calculated as follows:
(a) The expenditures referred to in paragraph 2 (a) of this article shall be equally financed by producer members and consumer members, the contribution of each member being proportionate to the relationship between the number of votes of that member and the total number of votes of the member;
(b) The expenditures referred to in paragraph 2 (b) of this article are financed by producers at 20 per cent and by 80 per cent by consumers, the contribution of each member being proportionate to the ratio between the number of votes of that member and the total number of votes of the member;
(c) The expenditure referred to in paragraph 2 (b) of this article shall not exceed one third of the expenditure referred to in paragraph 2 (a) of this article. The Council may, by consensus, decide to amend this ceiling for a specific biennium;
(d) The Board may assess the extent to which the administrative account and accounts funded by voluntary contributions contribute to the effective functioning of the Organization as part of the assessment referred to in Article 33;
(e) For the calculation of contributions, the votes of each member count without taking into consideration the suspension of the voting rights of any member or the resulting new distribution of votes.
6. The Commission determines the initial contribution of any member who joins the Organization after this Agreement comes into force based on the number of votes to be held by that member and the unexpired portion of the current biennium, but the contributions to other members for the current biennium are not changed.
7. Contributions to the administrative account are payable on the first day of each fiscal year. Members' contributions for the biennium in which they become members of the Organization are due on the date on which they become members.
8. If a member has not paid his or her full contribution to the administrative account within four months of the date on which it is due under paragraph 7 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 was unable to make the payment. If the Council has not yet paid its contribution seven months after the date on which it is due, its right to vote shall be suspended until the full payment of its contribution, unless the Council, by a special vote in accordance with Article 12, decides otherwise. If a member has not paid the full contribution for two consecutive years, taking into account the provisions of Article 30, he or she may no longer submit project proposals or draft proposals for funding under Article 25, paragraph 1.
9. If a member has made a full contribution to the administrative account within four months of the date on which it is due under paragraph 7 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.
10. A member whose rights have been suspended pursuant to paragraph 8 of this article remains required to contribute.
Rule 20
Special account
1. The special account comprises two subsidiary accounts:
(a) Subsidiary account of thematic programmes;
(b) Subsidiary account 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 by members;
(d) Other sources.
3. The Commission defines the criteria and procedures for a transparent operation of the special account. These procedures take into account the need for a balanced representation of members, including donor members, in the operation of the sub-account for thematic programmes and the sub-account for projects.
4. The purpose of the sub-account for thematic programmes is to facilitate the payment of non-earmarked contributions for the financing of drafts, projects and approved activities that are in accordance with the thematic programmes defined by the Council on the basis of policy and project priorities, in accordance with articles 24 and 25.
5. Donors can allocate their contributions to specific thematic programmes or ask the Executive Director to make proposals for the allocation of their contributions.
6. The Executive Director shall report periodically to the Council on the allocation and use of the funds of the sub-account for thematic programmes and on the implementation, monitoring and evaluation of preliminary projects, projects and activities, as well as on the financial resources necessary for the effective implementation of thematic programmes.
7. The purpose of the project sub-account is to facilitate the payment of earmarked contributions for the financing of approved projects, projects and activities, in accordance with Articles 24 and 25.
8. Contributions to the Subsidiary Account for projects assigned to a preliminary draft, project or activity are used only for the execution of the preliminary draft, project or activity to which they were assigned, unless otherwise decided by the donor in consultation with the Executive Director. Upon completion or expiry of a preliminary draft, project or activity, the donor decides on the use of any remaining funds.
9. In order to ensure predictable funding for the special account, given the voluntary nature of contributions, members are working to reconstitute resources at an adequate level so that the drafts, projects and activities approved by the Council can be fully implemented.
10. All revenues related to drafts, projects and specific activities under the sub-account for projects or the sub-account for thematic programmes are included in the account. All expenses related to these preliminary projects, projects or activities, including the remuneration and travel of consultants and experts, are charged to the corresponding subsidiary account.
11. The membership of the Organization shall not, for any member, entail any liability for any action taken by any other member or other entity with respect to drafts, projects or activities.
12. The Executive Director assists in the development of pre-project, project and activity proposals in accordance with Articles 24 and 25 and is committed to seeking, on the terms and conditions that the Commission may determine, adequate and secure funding for the drafts, projects and approved activities.
Article 21
Bali Partnership Fund
1. A fund for sustainable management of tropical timber-producing forests is established 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 Income from special account activities;
(c) Resources from other sources, private and public, which the Organization can, in accordance with its financial rules, accept;
(d) Resources from other sources approved by the Commission.
3. The Fund ' s resources are allocated by the Board only to drafts and projects for the purposes set out in paragraph 1 of this article and approved in accordance with articles 24 and 25.
4. For the allocation of Fund resources, the Board defines criteria and priorities for the use of funds, taking into account:
(a) The needs of the members that it is necessary to help ensure that their exports of tropical timber and derivatives come from sustainably managed sources;
(b) Members' needs to develop and manage important programmes for the conservation of timber-producing forests;
(c) Member needs to implement sustainable forest management programmes.
5. The Executive Director assists in the development of project proposals in accordance with Article 25, and is committed to seeking adequate and secure funding for projects approved by the Board on the terms and conditions that the Board may determine.
6. Members are working to reconstitute the resources of the Bali Partnership Fund at an adequate level to contribute to the achievement of the Fund's objectives.
7. The Commission periodically assesses whether the resources available to the Fund are sufficient and seeks to obtain the additional resources required by producer members to meet the Fund's purpose.
Article 22
Payment methods
1. Financial contributions to the accounts created in section 18 are payable in currencies freely convertible and are not subject to exchange restrictions.
2. The Commission may also decide to accept contributions to the accounts established in section 18 other than the administrative account in other forms, including scientific and technical equipment or 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 accounts established in section 18, 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.
Article 24
Organization's general policy activities
1. In order to achieve the objectives set out in Article 1, the Organization undertakes general policy and project activities in an integrated manner.
2. The Organization's policy activities must contribute to the achievement of the objectives of this Agreement for all ITTO members.
3. The Council periodically develops an action plan that inspires policy activities and defines the priorities and thematic programmes referred to in Article 20, paragraph 4, of this Agreement. The priorities identified in the action plan are contained in the work programmes approved by the Commission. Policy activities include the design and development of guidelines, manuals, studies, reports, basic communication and outreach tools, as well as similar activities defined in the Organization's action plan.
Rule 25
Organization project activities
1. Members and the Executive Director may submit proposals for draft and draft projects that contribute to the achievement of the objectives of this Agreement and in one or more priority areas or thematic programmes defined in the action plan approved by the Council in accordance with Article 24.
2. In order to approve the drafts and projects, the Commission sets criteria that take into account, inter alia, their relevance to the objectives of this Agreement and to the priority areas or thematic programmes, their environmental and social consequences, their relationship with national forest strategies and programmes, their profitability, technical and regional needs, the need to avoid duplication of effort and the need to integrate lessons learned.
3. The Commission sets up a program and procedures for the submission, study, approval and prioritization of the preliminary projects and projects for which funding from the Organization is sought, as well as for their implementation, monitoring and evaluation.
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. Depending on the agreed criteria, the Board may limit the number of projects and preliminary projects that a member or Executive Director may propose during a project cycle. It may also take the necessary steps by deciding, for example, to no longer sponsor a draft or a project following the report submitted by the Executive Director.
Rule 26
Committees and subsidiary bodies
1. The following committees are established as committees of the Organization and are open to all members:
(a) Forestry Industry Committee;
(b) Committee on Economics, Statistics and Markets;
(c) Reforestation and Forest Management Committee;
(d) Finance and Administration Committee.
2. The Council may, by special vote in accordance with Article 12, establish or dissolve committees and subsidiary bodies as appropriate.
3. The Council shall determine the operation and scope of the activities of the committees and other subsidiary bodies. Committees and other subsidiary bodies report to the Council and work under its authority.
Rule 27
Statistics, studies and information
1. The Commission authorizes the Executive Director to establish and maintain close relations with relevant intergovernmental, governmental and non-governmental organizations to facilitate the collection of recent and reliable data and information, including on the production and trade of tropical timber, trends and discrepancies between data, as well as relevant information 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, compiles, analyzes and publishes such information.
2. The Organization contributes to efforts to standardize and harmonize international reporting on forest issues by avoiding duplication and overlap in the collection of data from various organizations.
3. Members shall, to the extent permitted by their national legislation and within the time specified by the Executive Director, provide statistics and information on timber, trade and activities for sustainable management of timber-producing forests, as well as other information requested by the Council. The Commission decides on the type of information to be provided pursuant to this paragraph and how such information should be submitted.
4. Upon request and if necessary, the Council shall endeavour to strengthen the technical capacity of member countries, in particular developing countries, to provide the statistics and to submit the reports required under this Agreement.
5. If a member has not provided, for two consecutive years, the statistics and information requested in paragraph 3 of this Agreement and has not sought the assistance of the Executive Director, the Executive Director requests the Executive Director to explain himself by setting a specific deadline. If no satisfactory explanation is given, the Commission shall take such action as it considers appropriate.
6. The Commission periodically prepares relevant 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 28
Annual report and biennial review
1. The Commission publishes an annual report on its activities and any other information it considers appropriate.
2. The Council considers and assesses every two years:
(a) The international situation concerning timber;
(b) Other factors, questions and developments 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 United Nations agencies and intergovernmental, governmental or non-governmental organizations;
(e) Information provided by members on the progress made in establishing monitoring and information mechanisms on illegal exploitation and illegal trade in tropical timber and non-working forest products.
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 guidelines 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 report of the relevant Council session.
Rule 29
General obligations of members
1. For the duration of this Agreement, members shall make every effort and cooperate to promote the achievement of its objectives and 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 30
Expenditure
1. Where exceptional circumstances, emergency situations or reasons of force majeure that are not expressly contemplated in this Agreement require it, the Council may, by making a special vote in accordance with Article 12, exempt a member from an obligation prescribed by this Agreement if the explanations given by that member convince him of the reasons that prevent him from complying 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 31
Complaints and disputes
Any member may refer to the Council any complaint against another member for breach of any obligations under this Agreement and any dispute relating to the interpretation or application of this Agreement. The Council ' s decisions on this matter are taken by consensus, notwithstanding any other provision of this Agreement, are final and binding.
Rule 32
Differential and corrective measures and special measures
1. Consumer members who are developing countries and 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 33
Review
The Commission may assess the implementation of this Agreement, including financial objectives and mechanisms, five years after the coming into force of this Agreement.
Rule 34
Non-discrimination
Nothing in this Agreement authorizes the use of measures to restrict or prohibit international trade in timber and derivatives, in particular with respect to imports and the use of timber and derivatives.
Rule 35
Depositary
The Secretary-General of the United Nations shall be designated as depositary of this Agreement.
Rule 36
Signature, ratification, acceptance and approval
1. This Agreement shall be open for signature by the Governments invited to the United Nations Conference for the Negotiation of an Agreement to Follow the International Tropical Timber Agreement, 1994 at United Nations Headquarters, effective 3 April 2006 until 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.
3. Upon signature and ratification, acceptance or approval, accession or provisional application, the European Community or any intergovernmental organization referred to in paragraph 1 of Article 5 shall file a declaration from the appropriate authority of that organization in which the nature and extent of its competence on matters governed by this Agreement are specified, and shall inform the depositary of any subsequent substantive changes to its competence. Where the organization concerned declares that all matters governed by this Agreement fall within its exclusive jurisdiction, the States which are members shall not act according to the provisions of Article 36, paragraph 2, Article 37 and Article 38, or shall take the provisions of Article 41 or withdraw the notification of provisional application under Article 38.
Rule 37
Access
1. Governments may accede to this Agreement under the conditions determined by the Council, which include a deadline for the deposit of instruments of accession. The Council shall transmit these conditions to the depositary. However, it may 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 38
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 a provisional basis, in accordance with its laws and regulations, or when it comes into force in accordance with section 39, or, if it is already specified,
Rule 39
Entry into force
1. This Agreement shall enter into force on a final basis on 1 February 2008 or at any later date, if 12 producer governments holding at least 60% of the total of the votes allocated in accordance with Annex A to this Agreement and 10 consumer governments mentioned in Annex B and representing at least 60% of the world volume of tropical timber imports registered in 2005, reference year, have signed this Agreement permanently or have ratified, accepted or approved it, in accordance with paragraph 2 37.
2. If this Agreement has not entered into force on a final basis on 1 February 2008, it shall enter into force on an interim basis on that date or on any date within six months after that date, if 10 producer governments holding at least 50% of the total of the votes allocated in accordance with Annex A to this Agreement and seven consumer governments referred to in Annex B and representing at least 36% of the global volume of tropical timber imports registered in 2005,
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 2008, 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 paragraph 2 of Article 36, or that have notified the depositary that they apply this Agreement on an interim basis, to meet as soon as possible in order to determine whether the 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 38, that it applies 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 that 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 40
Amendments
1. The Council may, by making a special vote in accordance with Article 12, 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 41
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 42
Exclusion
If the Commission finds 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 making a special vote in accordance with Article 12, 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 43
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 40;
(b) The withdrawal of the Agreement pursuant to Article 41; or
(c) Exclusion of the Agreement under Article 42.
2. The Commission shall retain any assessment or contribution made by a member who ceases to be a party to this Agreement to the financial accounts established under section 18.
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 44
Duration, extension and termination of the agreement
1. This Agreement shall remain in force for a period of 10 years from the date of its entry into force unless the Council decides, by special vote in accordance with Article 12, to extend, renegotiate or terminate it in accordance with the provisions of this Article.
2. The Council may, by making a special vote in accordance with Article 12, decide to extend this Agreement for two periods, an initial period of five years, and then an additional period of three years.
3. If, before the expiry of the 10-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 on a provisional or final basis, the Council may, by way of a special vote in accordance with Article 12, extend this Agreement until the final entry into force of the 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 making a special vote in accordance with Article 12, decide to terminate this Agreement with effect on the date of its choice.
6. Notwithstanding the termination of this Agreement, the Council shall continue to exist for a period not exceeding 18 months to proceed with the liquidation of the Organization, including the liquidation of the accounts and, subject to the relevant decisions to be taken by special vote in accordance with Article 12, the Council shall, during that period, have the powers and functions that may be necessary to it for such purposes.
7. The Council shall notify the depositary of any decision taken under this article.
Rule 45
Reservations
No reservation may be made with respect to any of the provisions of this Agreement.
Rule 46
Additional provisions
transitional provisions
1. This Agreement follows the International Tropical Timber Agreement, 1994.
2. All provisions made under the International Tropical Timber Agreement, 1983 or the International Tropical Timber Agreement, 1994, either by the Organization or by any of its bodies, on their behalf, which shall be in accordance with the date of entry into force of this Agreement and of which it is not specified that the effect expires on that date shall remain in effect, unless amended by this Agreement.
Done in Geneva, 27 January 2006, the texts of the Agreement in English, Arabic, Chinese, Spanish, French and Russian are equally authentic.
A N N E X E A
List of Governments participating in the United Nations Conference for the Negotiation of an Agreement to Follow the International Tropical Timber Agreement, 1994, which are potential producer members under Article 2 (Definitions) and indicative attribution of votes in accordance with Article 10 (Repartition of Voices).
| Africa | 249 |
| Angola | 18 |
| Benin | 17 |
| Cameroon (*) | 18 |
| Côte d'Ivoire (*) | 18 |
| Gabon (*) | 18 |
| Ghana (*) | 18 |
| Liberia (*) | 18 |
| Madagascar | 18 |
| Nigeria (*) | 18 |
| Central African Republic (*) | 18 |
| Democratic Republic of the Congo (*) | 18 |
| Republic of the Congo (*) | 18 |
| Rwanda | 17 |
| Togo (*) | 17 |
| Asia-Pacific | 389 |
| Cambodia (*) | 15 |
| Fiji (*) | 14 |
| India (*) | 22 |
| Indonesia (*) | 131 |
| Malaysia (*) | 105 |
| Myanmar (*) | 33 |
| Papua New Guinea (*) | 25 |
| Philippines (*) | 14 |
| Thailand (*) | 16 |
| Vanuatu (*) | 14 |
| Latin America and the Caribbean | 362 |
| Barbados | 7 |
| Bolivia (*) | 19 |
| Brazil (*) | 157 |
| Colombia (*) | 19 |
| Costa Rica | 7 |
| Ecuador (*) | 11 |
| Guatemala (*) | 8 |
| Guyana (*) | 12 |
| Haiti | 7 |
| Honduras (*) | 8 |
| Mexico (*) | 15 |
| Nicaragua | 8 |
| Panama (*) | 8 |
| Paraguay | 10 |
| Peru (*) | 24 |
| Dominican Republic | 7 |
| Suriname (*) | 10 |
| Trinidad and Tobago (*) | 7 |
| Venezuela (*) | 18 |
| Total | 1 000 |
| (*) Member of the 1994 International Tropical Timber Agreement. | |
A N N E X E B
List of Governments participating in the United Nations Conference for the Negotiation of an Agreement to Follow the International Tropical Timber Agreement, 1994, which are potential consumer members under Article 2 (Definitions):
Albania.
Algeria.
Australia (*).
Canada (*).
China (*).
European Community (*).
Germany (*).
Austria (*).
Belgium (*).
Spain (*).
Estonia.
Finland (*).
France (*).
Greece (*).
Ireland (*).
Italy (*).
Lithuania.
Luxembourg (*).
Netherlands (*).
Poland.
Portugal (*).
Czech Republic.
United Kingdom of Great Britain and Northern Ireland (*).
Slovakia.
Sweden (*).
Egypt (*).
United States of America (*).
Iran (Islamic Republic of).
Iraq.
Libyan Arab Jamahiriya.
Japan (*).
Lesotho.
Morocco.
Nepal (*).
New Zealand (*).
Norway (*).
Republic of Korea (*).
Switzerland (*).
Done on 13 September 2012.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
