Advanced Search

RS 0.916.111.311 1995 International Grains Agreement

Original Language Title: RS 0.916.111.311 Accord international sur les céréales de 1995

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.916.111.311

Original text

1995 International Grains Agreement

(State 1 Er July 2015)

Preamble

Signatories to this Agreement,

Whereas the International Wheat Agreement of 1949 1 Has been revised, renewed, updated or renewed on a number of occasions leading to the conclusion of the 1986 International Wheat Agreement 2 ,

Whereas the provisions of the 1986 International Wheat Agreement, made up of the 1986 Wheat Trade Convention 3 , on the one hand, and the 1986 Food Aid Convention 4 , on the other hand, as extended, will expire on 30 June 1995 and that it is desirable to conclude an agreement for a new period,

Agreed that the International Wheat Agreement of 1986 will be updated and entitled the 1995 International Grains Agreement, which will include two separate legal instruments

(a)
The 1995 Cereal Trade Convention; and
(b)
The 1995 Food Aid Convention;

And each of these two Conventions, or one of the following, as appropriate, shall be submitted, in accordance with their constitutional or institutional procedures, to the signature and ratification, acceptance or approval of the Interested governments.


1 [RO 1949 1725, 1953 781, 1957 534], [RO 1959 666], 1963 66, 1965 520, 1966 1328, 1968 659], [RO 1968 663], [RO 1972 495, 1975 640 1837, 1976 1991, 1981 210 1584, 1984 838]
2 [RO 1987 1361]
3 [RO 1987 1362, 1994 356]
4 [RO 1986 2049]

1995 Cereal Trade Convention

Part One General

Art. 1 Objectives

The purpose of this Convention is:

(a)
Promote international cooperation in all aspects of the trade in cereals, particularly with regard to the situation of cereals;
(b)
To promote the development of international trade in cereals and to ensure that trade is carried out as freely as possible, inter alia by eliminating trade barriers and unfair and discriminatory practices, in The interest of all members, especially developing members;
(c)
Contribute, as far as possible, to the stability of international grain markets for the benefit of all members, to strengthen global food security and to contribute to the development of countries whose economies depend on a measure Significant commercial sale of grain; and
(d)
Provide a framework for the exchange of information and for the consideration of members' concerns about the trade in cereals.
Art. 2 Definitions

For the purposes of this Convention:

1)
(a) "Council" means the International Grains Council established by the International Wheat Agreement of 1949 and maintained in existence by s. 9;
(b) (i) "member" means a party to this Convention,
(ii)
"Exporting member" means a member to whom that status has been conferred under s. 12,
(iii)
"Importing member" means a member to whom that status has been conferred under s. 12;
(c)
"Executive Committee" means the Committee established under Art. 15;
(d)
"The Committee on the Status of the Market" means the Committee established under Art. 16;
(e)
"Cereal" or "cereals" means oats, wheat, corn, millet, barley, rye, sorghum, triticale and derivatives, as well as any other cereal and grain products that the Council may decide;
(f) (i) "purchase" means, depending on the context, the purchase of grain for the purpose of import or the quantity of grain purchased,
(ii)
"Sale" means, depending on the context, the sale of grain for export or the quantity of grain sold,
(g)
"Special vote" means a vote that requires at least two-thirds of the votes (calculated in accordance with s. 12) expressed by the exporting members present and voting and at least two-thirds of the votes (calculated in accordance with Art. 12) expressed by the importing members present and voting, counted separately;
(h)
"Agricultural year" or "fiscal year" means the period from 1 Er July to 30 June;
(i)
"Working day" means a working day at the seat of the Council.

(2) Any reference in this Convention to a "government" or "governments" or "member" shall also be deemed to be applicable to the European Community (hereinafter referred to as the EC). Accordingly, any reference in this Convention to the "signature" or "deposit of instruments of ratification, acceptance or approval" or "instrument of accession" or "declaration of provisional application" by a Government is, in the case of the EC, also deemed to be in favour of the signature or declaration of provisional application on behalf of the EC by its competent authority as well as for the deposit of the instrument required by the procedure The institutional framework of the EC for the conclusion of an international agreement.

(3) Any reference in this Convention to a "government", "governments" or "member" shall be considered, as appropriate, to include any restricted customs territory under the General Agreement on Tariffs and Trade Trade or agreement establishing the World Trade Organization.

Art. 3 Information, reports and studies

(1) For the purpose of facilitating the achievement of the objectives set out in Article 1, the possibility of a more comprehensive exchange of views at the sessions of the Council and the continued provision of information in the general interest of members, Arrangements are made to ensure, on a regular basis, the preparation of reports and an exchange of information and, where appropriate, the preparation of special studies. These reports, information exchanges and studies relate to cereals and focus on:

(a)
The supply, demand and market conditions;
(b)
Developments in national policies and their impact on the international market;
(c)
Developments affecting the improvement and growth of trade, use, storage and transport, particularly in developing countries.

2) For the purpose of increasing the quantity and improving the presentation of the data collected for the reports and studies referred to in subs. 1 of this article, to enable a greater number of members to participate directly in the work of the Council and to supplement the guidelines already provided by the Council at its sessions, a Committee on the situation of the market shall be established Meetings are open to all members of the Council. The Committee will perform the functions specified in s. 16.

Art. 4 Consultations on market events

(1) If the Committee on the Status of the Market, during its ongoing review of the market under s. 16, it is of the opinion that events on the international grain market are likely to be detrimental to the interests of the members, or whether such events are brought to the attention of the Committee by the Executive Director, of his own Initiative or at the request of any member of the Board, the Committee shall immediately report to the Executive Committee on the facts in question. The Committee on the situation of the market, by informing the Executive Committee in this way, takes particular account of the circumstances which are likely to prejudice the interests of the members.

(2) The Executive Committee shall meet within ten working days to analyse the events in question and, if it considers it appropriate, requests the President of the Council to convene a session of the Council to consider the situation.

Art. 5 Commercial purchases and special transactions

(1) "Commercial purchase" means, for the purposes of this Convention, any purchase in accordance with the definition in s. 2 and in accordance with normal business practices of international trade, excluding transactions referred to in subs. 2 of this article.

(2) "Special transaction" means, for the purposes of this Convention, a transaction containing elements, introduced by the government of an interested member, that do not conform to normal business practices. Special transactions include:

(a)
Credit sales in which, as a result of government intervention, the rate of interest, the period of payment or other related conditions are not in accordance with the rates, time limits or conditions normally applied in the Trade in the world market;
(b)
Sales in which the funds required for the transaction are obtained from the government of the exporting member in the form of a grain purchase loan;
(c)
Foreign currency sales of the importing member, which are not transferable or convertible into foreign currency or goods for use by the exporting member;
(d)
Sales made under trade agreements with special payment arrangements that provide for clearing accounts to be used to settle credit balances bilaterally through the exchange of goods, unless the exporting member And the importing member concerned agrees that the sale be considered to be of a commercial character;
(e)
Barter transactions:
(i)
Resulting from the intervention of governments and in which cereals are traded at prices other than those prevailing on the world market, or
(ii)
That is carried out under a government procurement program, unless the purchase of grain is the result of a barter transaction in which the country of final destination of the grain is not designated in the initial barter contract;
(f)
A donation of cereals or a purchase of cereals by means of financial assistance granted specifically for that purpose by the exporting member;
(g)
Any other categories of transactions that the Commission may specify and which contain elements, introduced by the government of an interested member, that do not conform to normal business practices.

(3) Any question raised by the Executive Director or by a member to determine whether a particular transaction constitutes a commercial purchase within the meaning of subs. 1 or a special transaction within the meaning of s. 2 of this Article shall be decided by the Council.

Art. 6 Guidelines for Transactions on Favor Conditions

(1) Members shall undertake to carry out all transactions on preferential terms relating to cereals so as to avoid damage to the normal structure of international production and trade.

(2) To this end, supplier members and beneficiary members shall take appropriate measures to ensure that transactions under favourable conditions are in addition to reasonably foreseeable commercial sales in the absence of These transactions result in an increase in consumption or inventory in the recipient country. Such measures shall, with regard to countries which are members of the Food and Agriculture Organization (FAO), be consistent with the FAO Principles and Guidelines on the Disposition of Surpluses and the Obligations of the FAO And, inter alia, that a specific level of commercial imports of cereals, agreed with the recipient country, will be maintained on an overall basis by that country. In formulating or adjusting this level, full account should be taken of the volume of trade imports during a representative period, recent trends in use and imports, and the situation The beneficiary country's economic situation, in particular the balance of payments situation.

(3) Members, when performing export operations on concessifavourable terms, shall enter into consultation with the exporting members whose commercial sales may be affected by such transactions, as long as Possible before concluding the necessary arrangements with the beneficiary countries.

(4) The Secretariat shall report periodically to the Council on developments in the field of grain-related transactions.

Art. 7 Notification and registration

(1) Members shall provide regular reports and the Council shall register for each agricultural year, distinguishing between commercial transactions and special transactions, all shipments of cereals made by the Members and all imports of cereals from non-members. The Commission shall also record, to the extent possible, all shipments made between non-members.

(2) Members shall, as far as possible, provide the information that the Council may request concerning their supply and demand for cereals and shall promptly report any changes in their national cereals policies.

3) For the purposes of this Article:

(a)
The members shall send to the Executive Director all information relating to the quantities of cereals that have been the subject of sales and commercial purchases and special transactions, of which the Council, according to its expertise, may need, Including:
(i)
In respect of special transactions, the details of such transactions for classifying them according to the categories defined in Art. 5,
(ii)
The details available concerning the type, category, grade and quality of the cereals in question;
(b)
Any member, when exporting grain, is required to send to the Executive Director any information relating to their export prices that the Commission may require;
(c)
The Commission regularly receives information on transportation costs in effect for grain, and members are required to provide the Commission with any additional information that may be required.

(4) If any amount of grain arrives in the country of final destination after resale, passage or transhipment in a country other than that of which the cereal is originating, the members shall provide as much as possible Information to record the shipment as a shipment from the country of origin to the country of final destination. In the case of resale, the provisions of this paragraph shall apply only if the cereal is part of the country of origin during the agricultural year in question.

(5) The Council shall establish a regulation concerning notifications and registers referred to in this Article. This Regulation sets out the frequency and manner in which such notifications are to be made and sets out the obligations of members in this regard. The Council shall also adopt the procedure for the modification of the registers and statements of which it is responsible, as well as the methods of settlement of any disputes which may arise in this respect. If any member fails repeatedly and without justification to the notification commitments entered into under this Article, the Executive Committee shall consult with the member concerned in order to remedy the situation.

Art. 8 Disputes and complaints

(1) Any dispute relating to the interpretation or application of this Convention which has not been settled by negotiation shall, at the request of any member who is a party to the dispute, be referred to the Council for decision.

(2) Any member who considers that his or her interests as a party to this Convention are seriously injured by the fact that one or more members have taken measures which may affect the functioning of this Convention may Council. The Commission shall immediately consult with interested members to resolve the matter. If the matter is not resolved through these consultations, the Board will consider the matter further and may make recommendations to interested members.

Part Two Administrative Provisions

Art. Constitution of the Council

(1) The Council (formerly known as the International Wheat Board, as established under the International Wheat Agreement of 1949 and now known as the International Grains Council) shall continue to exist for the purposes of applying This Convention with the composition, powers and functions provided for in the said Convention.

(2) Members may be represented at meetings of the Council by delegates, alternates and advisers.

(3) The Council shall elect a Chairman and a Vice-Chairperson who shall remain in office for an agricultural year. The President shall not enjoy the right to vote and the Vice-President shall not enjoy the right to vote when acting as President.

Art. 10 Powers and functions of the Board

(1) The Council shall establish its rules of procedure.

(2) The Council shall keep the records provided for in the provisions of this Convention and may keep any other records it deems desirable.

(3) In order to carry out its functions under this Convention, the Council may request the statistics and information required by it, and the members undertake to provide it, subject to the provisions of subs. 2 of the art. 7.

(4) The Council may, by special vote, delegate to any of its committees or to the Executive Director the exercise of powers or functions other than the following powers and functions:

(a)
Resolution of issues dealt with in s. 8;
(b)
Review, pursuant to s. 11, the votes of the members named in the annex;
(c)
Determination of the exporting and importing members and the allocation of their votes in accordance with s. 12;
(d)
Choice of the seat of the Council in accordance with paragraph 1. 1 of the art. 13;
(e)
Appointment of the Executive Director in accordance with s. 2 of the art. 17;
(f)
The adoption of the budget and the fixing of members' contributions in accordance with Art. 21;
(g)
Suspension of voting rights of a member pursuant to s. 6 of the art. 21;
(h)
Any request to the Secretary-General of UNCTAD to convene a negotiating conference in accordance with art. 22;
(i)
Exclusion of a member of the Board under s. 30;
(j)
Recommendation for amendment pursuant to s. 32;
(k)
Extension or termination of this Convention under Art. 33.

The Council may at any time recall this delegation of powers by a majority of the votes cast.

(5) Any decision taken under any power or function delegated by the Council, in accordance with the provisions of s. 4 of this Article, shall be subject to review by the Council, at the request of any member, within the time limits prescribed by the Council. Any decision on which a request for review is not made within the prescribed time limit shall be binding on all members.

(6) In addition to the powers and functions specified in this Convention, the Council shall enjoy the other powers and perform the other functions necessary to ensure the application of this Convention.

Art. 11 Voice for entry into force and budgetary procedures

(1) For the purposes of the entry into force of this Convention, the calculations to be made under par. 1 of the art. 28 are based on the votes counted in section A of the schedule.

(2) For the purpose of determining contributions in accordance with Art. 21, the votes of the members shall be based on those set out in the Annex, subject to the provisions of this Article and the associated rules of the Rules of Procedure.

(3) Whenever this Convention is continued under s. 2 of the art. 33, the Board shall review and adjust the number of votes of the members under this section. These adjustments are intended to ensure that the distribution of votes more accurately reflects the structure of the grain trade of the moment and is carried out in accordance with the methods set out in the rules of procedure.

(4) If the Council decides that a major change in the structure of world cereal trade has occurred, it may review and adjust the votes of the members. Such adjustments shall be treated as amendments to this Convention and shall be subject to the provisions of Art. 32, except that an adjustment of the number of votes can become effective only at the beginning of the fiscal year. If the number of votes of the members is changed under this paragraph, three years shall elapse before another such adjustment can be made.

(5) All redistributions of votes under this Article shall be carried out in accordance with the rules of procedure.

(6) For the purposes of the administration of this Convention, except as regards its entry into force under s. 1 of the art. 28 and the determination of contributions under s. 21, the votes of the members shall be distributed in accordance with the provisions of Art. 12.

Art. 12 Determination of the exporting and importing members and the allocation of their votes

(1) At the first session of the Council under this Convention, the Council shall decide which members shall be exporting members and which members shall be importing members for the purposes of this Convention. The Council shall adopt this decision taking into account the structure of the trade in cereals of these members and the opinion expressed by those members.

(2) As soon as the Council has decided which members are exporting members and which members are the importing members of this Convention, the exporting members, on the basis of the votes assigned to them under Art. 11, divide the votes of the exporting members among themselves, subject to the conditions set out in subs. 3 of this Article, and the importing members shall divide their votes in the same way.

(3) For the purpose of distributing votes in accordance with par. 2 of this Article, the exporting members shall hold together 1000 votes and the importing members shall hold together 1000 votes. No member has more than 333 votes as an exporting member and no member has more than 333 votes as an importing member. There is no part of the vote.

(4) After a period of three years from the entry into force of this Convention, the Council shall review the list of the exporting members and the list of importing members, taking into account the developments in the structure of their Grain trade. Such a review shall also be carried out whenever this Convention is continued under s. 2 of the art. 33.

(5) If a member so requests, the Council may, at the beginning of any fiscal year, decide by a special vote to transfer that member from the list of exporting members to the list of importing members or from the list of importing members to the list Of exporting members, as applicable.

(6) The Council shall review the allocation of the votes of the exporting members and the allocation of the votes of the importing members whenever the list of exporting members and the list of importing members are amended under the provisions of the By. 4 or by. 5 of this article. Any new allocation of votes under this paragraph shall be subject to the conditions set out in subs. 3 of this article.

(7) Whenever a government becomes party to or ceases to be a party to this Convention, the Council shall redistribute the votes of the other exporting or importing members, as the case may be, in proportion to the number of votes held by each Member, subject to the conditions set out in subs. 3 of this article.

(8) An exporting member may authorize another exporting member, and any importing member may authorize another importing member to represent his or her interests and exercise the right to vote at one or more meetings of the Council. Sufficient evidence of this authorization is presented to the Board.

(9) If, on the date of a meeting of the Council, a member is not represented by an accredited delegate and has not empowered another member to exercise his right to vote in accordance with subs. 8 of this Article, or if, at the date of a meeting, a member is deprived of his right to vote, has lost his right to vote or has recovered, under a provision of this Convention, the total number of votes that may be expressed by members Exporters shall be adjusted to a figure equal to that of the total votes that may be expressed at that meeting by the importing members and shall be redistributed among the exporting members in proportion to the votes held by them.

Art. 13 Seat, Session and Quorum

(1) The seat of the Council shall be London, unless the Council decides otherwise.

(2) The Council shall meet during each financial year at least once every six months and at any other time upon a decision by the President or as required by the provisions of this Convention.

(3) The President shall convene a session of the Council if the request is made: (a) by five members, or (b) by one or more members holding a total of at least ten per cent of all votes, or (c) by the Executive Committee.

(4) At any meeting of the Council, the presence of delegates having, before any adjustment of the number of votes under s. 9 of art. 12, the majority of votes held by the exporting members and the majority of votes held by the importing members is necessary to constitute a quorum.

Art. 14 Decisions

(1) Except as otherwise provided in this Convention, the decisions of the Council shall be taken by a majority of the votes cast by the exporting members and by a majority of the votes cast by the importing members, counted separately.

(2) Without prejudice to the full freedom of action enjoyed by any member in the elaboration and implementation of its agricultural and price policy, any member undertakes to consider as binding all decisions taken By the Council under the provisions of this Convention.

Art. 15 Executive Committee

(1) The Council shall establish an Executive Committee consisting of six or more exporting members, elected annually by the exporting members, and eight or more importing members, elected every year by the importing members. The Board appoints the Chair of the Executive Committee and may appoint a Vice-Chairperson.

(2) The Executive Committee shall be responsible to the Council and shall operate under the general direction of the Council. It shall have the powers and functions expressly assigned to it by this Convention and such other powers and functions as the Council may delegate to it under subs. 4 of Art. 10.

(3) The exporting members on the Executive Committee shall have the same total number of votes as the importing members. The votes of the exporting members on the Executive Committee shall be divided among themselves in the manner in which they decide, provided that none of these exporting members holds more than forty per cent of the total votes of these exporting members. The votes of the importing members on the Executive Committee shall be divided among themselves in the manner in which they decide, provided that none of these importing members holds more than forty per cent of the total votes of those importing members.

(4) The Council shall determine the rules of procedure for voting in the Executive Committee and shall adopt such other provisions as it deems fit to include in the Rules of Procedure of the Executive Committee. A decision of the Executive Committee shall be taken by the same majority of votes as is provided for in this Convention when the Council takes a decision on a similar matter.

(5) Any member of the Council who is not a member of the Executive Committee may participate, without the right to vote, in the discussion of any matter before the Executive Committee whenever the Executive Committee considers that the interests of the Executive Committee are in question.

Art. 16 Committee on Market Status

(1) The Council shall establish a Committee on the Status of the Market, which shall be a Committee of the Whole. Unless the Council decides otherwise, the Executive Director shall be appointed Chairman of the Committee on Market Status.

(2) Representatives of non-member Governments or international organizations may also be invited, as observers, to participate in meetings of the Committee on the Status of the Market, if the Chairman of the Committee considers it appropriate.

(3) The Committee shall continuously examine all factors affecting the world economy of cereals and shall communicate its findings to the members. The Committee shall take into account, in its examination, relevant information provided by any member of the Council.

(4) The Committee shall complement the guidelines provided by the Council in order to facilitate the implementation by the Secretariat of the tasks provided for in Art. 3.

(5) The Committee shall deliver opinions in accordance with the relevant articles of this Convention, as well as any matter which the Council or the Executive Committee may refer to it.

Art. 17 Secretariat

(1) The Council shall have a Secretariat composed of an Executive Director, who shall be its most senior official, and of the staff necessary for the work of the Council and its committees.

(2) The Council shall appoint the Executive Director, who shall be responsible for the performance of the tasks assigned to the Secretariat for the administration of this Convention and such other tasks assigned to it by the Council and its committees.

(3) Staff shall be appointed by the Executive Director in accordance with the rules established by the Council.

(4) It shall be imposed as a condition of employment for the Executive Director and staff not to have any financial interest or to renounce any financial interest in the trade in cereals, and to not seek or receive any government or any External authority to the Council of instructions relating to their functions under this Convention.

Art. 18 Admission of observers

The Council may invite any non-member State and any intergovernmental organization to attend as an observer at any of its meetings.

Art. 19 Cooperation with other intergovernmental organizations

(1) The Council shall take all appropriate steps to consult or collaborate with the United Nations and its bodies, as well as with, where appropriate, other specialized agencies and organizations Governments, in particular the United Nations Conference on Trade and Development, the Food and Agriculture Organization of the United Nations, the Common Fund for Commodirelations and the World Food Programme.

(2) The Council, having regard to the special role of the United Nations Conference on Trade and Development in the International Trade in Commodities, shall, as appropriate, keep the Council informed of its activities and Work programs.

(3) If the Council finds that any provision of this Convention constitutes a substantive incompatibility with such obligations as the United Nations, its competent bodies or its specialized agencies may establish in Of intergovernmental agreements on commodities, such incompatibility shall be deemed to affect the proper functioning of this Convention and the procedure prescribed in Art. 32 is applied.

Art. Privileges and immunities

(1) The Council shall have legal personality. In particular, it may enter into contracts, acquire and dispose of movable and immovable property and may be a party to legal proceedings.

(2) The status, privileges and immunities of the Council in the territory of the United Kingdom shall continue to be governed by the Agreement on the Seat between the Government of the United Kingdom of Great Britain and Northern Ireland and the International Council Of wheat, and signed in London on November 28, 1968.

(3) The agreement referred to in paragraph 1. 2 of this Article shall be independent of this Convention. It will, however, end:

(a)
Agreement is reached between the Government of the United Kingdom of Great Britain and Northern Ireland and the Council;
(b)
Where the seat of the Council is no longer located in the United Kingdom, or
(c)
Where the Council ceases to exist.

(4) If the seat of the Council is no longer located in the United Kingdom, the Government of the Member in which the seat of the Council is situated shall conclude with the Council an international agreement on the status, privileges and immunities of the Council, of its Executive Director, Staff and representatives of the members who will participate in the meetings convened by the Council.

Art. Financial provisions

(1) The expenses of delegations to the Council and representatives to its committees and working groups shall be borne by the Governments represented. The other expenses resulting from the application of this Convention shall be covered by the annual contributions of all members. Each member's contribution for each fiscal year shall be determined in proportion to the number of votes allocated to it in the schedule to the total number of votes held by the members named in the schedule, on the understanding that the number of votes allocated to the Each member is adjusted in accordance with the provisions of s. 11, depending on the composition of the Council at the time when the budget for the financial year concerned is adopted.

(2) During the first session following the entry into force of this Convention, the Council shall vote its budget for the financial year ending 30 June 1996, and shall determine the contribution of each member.

(3) The Council shall, at a session held in the second half of each financial year, vote its budget for the following financial year and shall determine each member's contribution for that financial year.

(4) The initial assessment of any member who accedes to this Convention in accordance with the provisions of s. 2 of the art. 27 shall be fixed on the basis of the number of votes agreed with the Council as a condition of its accession and on the basis of the period of the period remaining at the time of accession; however, the contributions fixed for the other members in respect of the The said exercise shall not be amended.

5) Contributions are due as soon as they are fixed.

(6) If a member fails to pay the full contribution within six months of the date on which the member's assessment is due under s. 5 of this article, the Executive Director requests the Executive Director to make the payment as soon as possible. If, after the expiry of a period of six months from the date of this application by the Executive Director, the said Member has still not paid its assessment, its voting rights to the Council and the Executive Committee shall be suspended until the full payment of the Assessment.

(7) A member whose voting rights have been suspended in accordance with s. 6 of this Article shall not be deprived of any of its other rights or unloaded from any of its obligations under this Convention, unless the Council so decides by a special vote. It remains obligated to pay its assessment and to meet all of its other financial obligations under this Convention.

(8) The Council shall publish, in each financial year, an audited statement of receipts and expenses incurred in the preceding financial year.

(9) The Council shall, before its dissolution, take all provisions for the settlement of its liabilities and the allocation of its assets and archives.

Art. Economic provisions

The Council may examine in a timely manner the possibility of undertaking the negotiation of a new international agreement or of a new international convention containing economic provisions; it shall report to the members in their Making any recommendations that it considers appropriate. Where it appears that such negotiations are likely to succeed, the Council may request the Secretary-General of the United Nations Conference on Trade and Development to convene a negotiating conference.

Part Three Final provisions

Art. Depositary

(1) The Secretary-General of the United Nations shall be designated as the depositary of this Convention.

(2) The depositary shall notify all signatory governments and members of any signature, ratification, acceptance, approval, provisional application of this Convention and any accession, as well as any notification and prior notice Received in accordance with the provisions of s. 29 and art. 32.

Art. 24 Signature

This Convention shall be open, at the headquarters of the United Nations, of 1 Er May 1995 to 30 June 1995 inclusive, at the signature of the governments named in the Annex.

Art. 25 Ratification, Acceptance, Approval

(1) This Convention shall be subject to ratification, acceptance or approval by each signatory government in accordance with its constitutional procedures.

(2) Instruments of ratification, acceptance or approval shall be deposited with the depositary by 30 June 1995 at the latest. The Council may, however, grant one or more extensions of time to any signatory government that has not been able to deposit its instrument on that date. The Council shall inform the depositary of all such extensions of time.

Art. 26 Provisional application

Any signatory government and any other government meeting the conditions necessary to sign this Convention or whose application for accession is approved by the Council may file with the depositary a declaration of application to the Provisional title. Any government filing such a declaration provisionally applies this Convention in accordance with its laws and regulations and is provisionally considered to be a party to it.

Art. 27 Accession

(1) Any Government named in the Annex may, until 30 June 1995 inclusive, accede to this Convention, on the understanding that the Council may grant one or more extensions of time to any Government that has not deposited its instrument in This date.

(2) After 30 June 1995, the Governments of all States may accede to this Convention on such terms as the Council deems appropriate. Accession shall be made by the deposit of an instrument of accession with the depositary. The said instruments of accession must indicate that the Government accepts all the conditions laid down by the Council.

(3) Where, for the purposes of this Convention, references are made to the members named in the Annex, any member whose Government has acceded to this Convention under the conditions prescribed by the Council in accordance with this Convention Shall be deemed to be named in the said Annex.

Art. 28 Entry into force

(1) This Convention shall enter into force on 1 Er July 1995 if, by 30 June 1995 at the latest, governments named in section A of the schedule and holding at least 88 % of the total votes counted in section A of the schedule have deposited instruments of ratification, acceptance, Of approval or accession or declarations of provisional application.

(2) If this Convention does not enter into force in accordance with the provisions of s. 1 of this Article, Governments which have deposited instruments of ratification, acceptance, approval or accession, or declarations of provisional application, may decide by mutual agreement that it will enter into force Between themselves.

Art. Withdrawing

Any Member may withdraw from this Convention at the end of any financial year by notifying the depositary in writing at least ninety days before the end of the financial year in question, but this shall not be noted from any of the Obligations under this Convention not fulfilled before the end of the said financial year. This member shall simultaneously notify the Board of the decision it has taken.

Art. Exclusion

If the Council concludes that a member has breached its obligations under this Convention and further decides that such an offence is a serious impediment to the operation of this Convention, it may, by special vote, exclude that member Of the Council. The Council shall immediately notify the depositary of that decision. Ninety days after the decision of the Council, the said member shall lose his membership of the Council.

Art. Liquidation of accounts

(1) The Council shall proceed under such conditions as it considers to be equitable in the liquidation of the accounts of a member who has withdrawn from this Convention or has been excluded from the Council or who has otherwise ceased to be a party to the present Convention Convention. The Council shall retain the sums already paid by that Member. The said member is required to settle the amounts owed to the Board.

(2) At the end of this Convention, a member shall be in the situation referred to in s. 1 of this Article shall not be entitled to any part of the proceeds of liquidation or other assets of the Council; nor shall it have to cover any part of the Council's deficit.

Art. 32 Amendment

(1) The Council may, by a special vote, recommend to members an amendment to this Convention. The amendment shall take effect one hundred days after the depositary receives notifications of acceptance from exporting members holding two-thirds of the votes of the exporting and importing members holding two-thirds of the votes of the Or at a later date than the Council would have determined by a special vote. The Council may assign a time limit to the members to inform the depositary that they accept the amendment; if the amendment has not entered into force on the expiry of that period, it shall be deemed to have been withdrawn. The Council shall provide the depositary with the information necessary to determine whether the number of notifications of acceptance received is sufficient for the amendment to take effect.

(2) Any member whose name has not been made a notification of acceptance of an amendment on the date on which the amendment takes effect ceases, as of that date, to be a party to this Convention, unless the member has proved to the Council that he Failed to accept the amendment in due time as a result of difficulties encountered in completing its constitutional procedure and the Council decided to extend the acceptance period for that Member. This Member is not bound by the amendment until it has notified its acceptance of the amendment.

Art. 33 Duration, extension and termination of the Convention

(1) This Convention shall remain in force until 30 June 1998 1 , unless it is continued under s. 2 of this section or that it is not terminated before under subsection (1). 3 of this section or that it is not replaced before that date by a new agreement negotiated under s. 22 or a new agreement negotiated under that section.

(2) The Council may, by special vote, extend this Convention beyond 30 June 1998 for successive periods not exceeding two years each. Members who do not accept such an extension of this Convention shall inform the Council at least thirty days before the date of entry into force of that extension. Such members shall cease to be party to this Convention from the beginning of the period of extension, but they shall not be exempted from the obligations entered into under this Convention for which they have not Paid before that date.

(3) The Council may, at any time, by a special vote, decide to terminate this Convention from the date and the conditions of its choice.

(4) At the end of this Convention, the Council shall continue to exist for as long as necessary to wind up its liquidation and shall then have the powers and perform the functions necessary for that purpose.

(5) The Council shall notify the depositary of any decision taken under subs. 2 or par. 3 of this article.


1 Prepared by the D of the International Grains Council of 13/14 June 2005, until 30 June 2007 ( RO 2005 2597 ), June 11, 2007, until June 30, 2009 (RO 2007 3349), June 8, 2009, until June 30, 2011 (RO 2009 5385), June 6, 2011, until June 30, 2013 (RO 2011 3313), of 10/11 June 2013 (RO 2013 2313) and June 8, 2015, until June 30, 2017 (RO 2015 2577).

Art. 34 Relationship between the Preamble and the Convention

This Convention includes the Preamble of the 1995 International Grains Agreement.

In witness whereof, The undersigned, duly authorized to that effect by their Governments, have signed this Convention on the date on which they are signed.

Established in London on the seventh day of December one thousand nine hundred and ninety-four, the texts of this Convention in English, Spanish, French and Russian are equally authentic.

(Suivent signatures)

Annex

Members' voice in accordance with s. 11

(of 1 Er July 1995 to 30 June 1998)

Section A

South Africa

16

Algeria

15

Saudi Arabia

17

Argentina

97

Australia

122

Austria

5

Barbados

5

Bolivia

5

Canada

243

European Community

443

Korea (Republic of)

26

Côte d' Ivoire

5

Cuba

6

Egypt (Arab Republic of)

55

Ecuador

5

United States of America

475

Russian Federation

100

Finland

5

Hungary

13

India

32

Iran (Islamic Republic of)

9

Iraq

9

Israel

8

Japan

187

Malta

5

Morocco

10

Mauritius

5

Norway

11

Pakistan

14

Panama

5

Sweden

10

Switzerland

15

Tunisia

5

Turkey

7

Yemen (Republic of)

5

2000

Section B

Bangladesh

9

Belarus

5

Brazil

32

Bulgaria

7

Chile

6

Cyprus

5

Colombia

5

El Salvador

5

Estonia

5

Ethiopia

5

Ghana

5

Guatemala

5

Indonesia

9

Jamaica

5

Jordan

5

Kazakhstan

5

Kenya

5

Kuwait

5

Latvia

5

Lithuania

5

Malaysia

8

Mexico

28

Nigeria

6

New Zealand

5

Uzbekistan

14

Paraguay

5

Peru

9

Philippines

7

Poland

31

Arab Republic of Syria

7

Dominican Republic

5

People's Republic of China

77

Czech Republic

6

Romania

14

Holy See

5

Senegal

5

Slovakia

6

Slovenia

5

Sri Lanka

5

Sudan

5

Taiwan

26

Tanzania

5

Thailand

17

Trinidad and Tobago

5

Ukraine

8

Uruguay

5

Venezuela

13

Vietnam

5

Zaire

5

Zambia

5

Zimbabwe

5


State 1 Er July 2015

Scope of the Convention 1 Er August 1996 2

A Conference of the Governments, held in London on 6 July 1995, decided to bring the Convention into force, starting from 1 Er July 1995, between the Governments and the Intergovernmental Organization, mentioned below, which have deposited an instrument of ratification, acceptance, approval, accession or notification of provisional application, in accordance with To par. 2 of the art. 28 of the Convention:

South Africa

Algeria

Argentina

Australia

Canada

European Community

Korea (South)

Cuba

Hungary

India

Japan

Morocco

Mauritius

Norway

Holy See

Switzerland

Tunisia

Turkey

1999 Food Aid Convention 3


RO 1996 2643


1 RO 1996 2641
2 The detailed scope will be published at the time of the final entry into force of the Agreement.
3 [ RO 2002 4110 At the one-hundred-and-sixth session of the Committee on Food Aid, held in London on 11 June 2012, the Committee and the States Parties noted that Conv. On Food Aid of 1999 expires on 30 June 2012 and agreed to terminate it. Consequently, the Conv. Is repealed as of June 30, 2012 (see RO 2012 7485). The Conv. Of 25 April 2012 on food assistance enters into force on 1 July 2012. Er Jan 2013 (RS 0.916.111.312 ).


State 1 Er July 2015