0.921.11 original text international agreement on tropical timber concluded at Geneva on 27 January 2006, 2006 approved by the Federal Assembly on 12 March 2007 Swiss ratification Instrument deposited on 27 April 2007, entered into force for the Switzerland on 7 December 2011 (status November 11, 2014) 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" as well as the spirit of São Paulo and the São Paulo Consensus, as the United Nations Conference on trade and development (UNCTAD) adopted at its eleventh session; b) rappelantaussi the international tropical timber 1983 agreement, and agreement on tropical timber, 1994 (, and recognizing the work of the international organization of tropical Woods and the results it has achieved since its inception, including a strategy aimed at international trade of tropical timber from sustainably managed sources; c) Recalling further the Johannesburg Declaration and the Plan of implementation adopted by the World Summit for development in September 2002 the Forum of the United Nations on forests established in October 2000 and the creation related to the partnership for collaboration on forests, 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 the management, conservation and sustainable development of all types of forests (, and the chapters of Agenda 21 adopted by the United Nations Conference on environment and development held in June 1992, the framework Convention of the United Nations on climate change, the United Nations Convention on biological diversity and the United Nations Convention on combating desertification; d) Recognizing that under the United Nations Charter and the principles of international law States have the sovereign right to exploit their own resources pursuant to their environmental policies and have the responsibility to ensure that activities within their jurisdiction or under their control cause no damage to the environment of other States or in areas beyond national jurisdiction, in accordance with what is stated in the principle 1A) of the Declaration of principles ((not legally binding but authoritative, for a global consensus on the management, conservation and ecologically viable of all types of forests; e operation) Recognizing the importance of timber and of his trade to the economy of the country producers; f) also recognizing the importance of the multiple economic, environmental and social benefits provided by forests, including timber and forest products other than timber and environmental services (in the context of the sustainable management of forests at local, national and global levels and the contribution of the sustainable management of forests to sustainable development, to poverty alleviation and to the achievement of international development goals, including those set out in the Millennium Declaration; g) Recognizing also the need to promote and apply criteria and comparable indicators for the sustainable management of forests as important tools to allow members (to assess, track and promote the progress made for the sustainable management of their forests; h) taking into account relations between the tropical timber trade and the international timber market economy at large, as well as the need to enter a global perspective in order to improve transparency in the international timber trade; i) Reaffirming their commitment to ((in the shortest possible, exports of tropical timber and derived products from sustainably managed sources (the target set for the year 2000 by the International Tropical Timber Organization), and recalling the establishment of the Bali Partnership Fund; j) Recalling the commitment made in January 1994 by consumer to preserve members or to ensure sustainable management of their respective forests; k) noting that good governance ((, clear land tenure and intersectoral coordination contribute to sustainable management of forests and the export of wood from legal 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 enforce forest law and promote exchanges of wood (operated in the rule of law; n) Noting also that the strengthening of the capacities of indigenous and local communities that depend on forests, including owners and forest managers, can contribute to the achievement of the objectives of this Agreement; o) also noting the need to improve the standard of living and working conditions in forestry (((, taking into account the internationally recognized principles in this field, and of the relevant conventions and relevant instruments of the International Labour Organization; p) noting that wood is a material first high-performance energy, renewable and environmentally friendly compared to the products competitors; q) Recognizing the need to increase investment in the sustainable management of forests, including reinvesting revenues of forests and timber trade; r) also recognizing the benefits of market price (that incorporate the costs of sustainable forest management; s management) further recognizing 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 least developed tropical timber-producing countries.
agreed to the following: [RO 1991 1827] [RO 1998 1206] RS 0.814.01 RS 0.451.43 RS 0.451.1 RS 0.120 chapter I objectives art. 1 objectives the objectives of the international agreement on tropical timber 2006 (hereinafter referred to as 'this agreement') are to promote the expansion and diversification of international trade in tropical timber from forests being sustainable management and operating an in respect of the legality of and to promote the sustainable management of timber-producing tropical forest in :
(a) facilitating an effective organization of consultations, international cooperation and policy development among all members with regard to all relevant aspects of the world economy of wood; b) facilitating consultation to promote non-discriminatory practices in the timber trade; c) contributing to sustainable development and poverty alleviation; d) strengthening the capacity of members to implement a strategy aimed at this exports of tropical timber and products come from managed sustainable; e sources) improving knowledge of the structural characteristics of international markets, including the long-term trends of consumption and production, factors affecting access to markets, preferences of consumers and the consumer prices and conditions leading to prices that include the costs of sustainable forest management; e) promoting and supporting research and development en_vue_d' forest management, a more efficient utilization of wood and greater competitiveness derivatives than competing materials, as well as to increase the ability to retain and promote other wealth of the forest in timber-producing tropical forest; g) designing and supporting mechanisms to provide new and additional financial resources to mobilize sufficient and predictable funding and the technical skills to strengthen (the capacity of producing 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 to ensure greater transparency and better information on markets and their trends, including the gathering, compilation and dissemination of data related to trade, in particular to the marketed species; i) encouraging increased and further tropical timber transformation in producer member countries from sustainable sources, to stimulate the industrialization of these countries and thus increase their employment opportunities and their export earnings; j) encouraging members to support and develop activities of reforestation in tropical timber, as well as rehabilitation and restoration of degraded forest land, with due regard to the interests of the local communities that depend on forest resources; k) improving marketing and distribution of exports of tropical timber and derived products (which comes from sources subject of sustainable management and a legal operation and which are marketed in a manner lawful, including educating consumers; l) strengthening the ability of the members to gather, process and disseminate statistics on their trade in timber and information on the sustainable management of their tropical forests; m) encouraging members to develop national policies aimed at sustainable utilization and conservation of timber producing forests and the maintenance of ecological balance, in the context of the tropical timber trade; n) strengthening the capacity of members to improve forest law enforcement and governance and combat illegal logging of tropical timber and related trade; o) encouraging the exchange of information in order to better understand such optional mechanisms, including the certification, to promote sustainable management of tropical forests ((, and supporting the efforts of the members in this field; p) facilitating access to technology and the transfer of technology, as well as technical cooperation for the realization of the objectives of this agreement, including terms and conditions favorable and preferential, so that it will be mutually agreed; q) promoting better understanding of the contribution of non-timber forest products and environmental services to the sustainable management of tropical forests ((, and cooperation with institutions and the relevant processes to this end; r) encouraging members to recognize the role of indigenous and local communities dependent on forests in sustainable forest management and develop strategies to increase the capacity of these communities to sustainably manage-producing forests of tropical wood; s) identifying and studying new or recent issues.
Chapter II Definitions article 2 definitions for the purposes of this agreement: 1. "tropical timber" means tropical wood for industrial use (lumber) which come from forests or are produced in the countries situated between the Tropic of Cancer and the Tropic of Capricorn. This term applies to logs, sawnwood, veneer and contre-plaques.2. "Sustainable forest management" means the meaning given in the policy documents and technical guidelines of the expenses.3. "Member" means a Government, the European Community or any intergovernmental organization referred to in art. 5, which has agreed to be bound by this agreement, that it is in force provisionally or title definitif.4. "Producer Member" means any Member situated between the Tropic of Cancer and the Tropic of Capricorn, with forest resources tropical and/or exporter of tropical timber in volume terms, which is referred to in Annex A and which becomes party to this agreement, or any member with forest resources tropical and/or exporter of tropical timber in volume terms not mentioned in Appendix A and which becomes a party to the agreement and that the Council, with the consent of that Member, declares Member producteur.5. "Consumer member" means any importing Member of tropical timber which is mentioned in Appendix B and which becomes party to this agreement, or any importing Member of tropical timber that is not mentioned in Appendix B and which becomes a party to the agreement and that the Council, with the consent of that Member, declares member reports.6. "Organization" means the international tropical timber instituted pursuant to art. 3.7 'Council' means the international Council of the tropical wood instituted pursuant to art. 6.8 'special vote' means a vote requiring two-thirds of the votes cast by producing members present and voting and 60% at least of the votes cast by the members present consumer and voting counted separately, on condition that these votes are cast by at least half of the producing members present and voting and at least half of the members present and votants.9 consumer. 'Distributed simple majority vote' means a vote requiring more than half of the votes cast by producer members present and voting and more than half of the votes cast by the members present consumers and voters, numbered separement.10. "Biennium" means the period from 1 January of one year to December 31 of the year suivante.11. "Freely convertible currencies" means the United States dollar, the euro, the Swiss franc, Sterling and the yen and other currencies eventually designated by a competent monetary international as being in fact widely used to make payments in respect of transactions international and commonly negotiated on key markets in the changes.12. For the purposes of the calculation of the distribution of the votes according to the by. 2 (b) of art. 10, is meant by 'forest resources tropical"dense natural forests and forest plantations located between the Tropic of Cancer and the Tropic of Capricorn.
Chapter III organization and administration art. 3 seat and structure of the international tropical Woods 1. The international tropical timber created by the international agreement on tropical timber 1983 continues to ensure the implementation of the provisions of this agreement and to monitor the operation.
2. the organization exercises its functions through the Council established under art. 6, the committees and other subsidiary bodies referred to in art. 26, as well as the Executive Director and staff.
3. the headquarters of the organization is located at all times on the territory of a member.
4. the Organization has its headquarters in Yokohama, unless the Council decides otherwise by a special vote in accordance with art. 12 5. It is possible to create local offices of the organization if the Council so decides by special vote in accordance with art. 12 art. 4 members of the Organization shall be two categories of members of the Organization, namely: a) producers; b) consumers.
Art. 5 participation of intergovernmental organizations
1. any reference in this agreement to "Governments" shall also apply to the European Community and to any intergovernmental organization having comparable responsibilities in the negotiation, conclusion and application of international agreements, in particular commodity agreements. Accordingly, any reference in this agreement to signature, ratification, acceptance or approval, or of the notice of application as a provisional, or membership, is, in the case of such organizations, deemed to be submitted also to the signature, ratification, acceptance or approval, or to notification of application on an interim basis, or to accession, by such organizations.
2. in the case of voting on matters within their competence, the European Community and intergovernmental organizations referred to in the by. 1 have a number of votes equal to the total number of votes attributable to their Member States which are party to this agreement in accordance with art. 10. in such cases, the Member States of these organizations are not allowed to exercise their individual voting rights.
Chapter IV international Council of tropical wood art. 6 composition of the international Council of the tropical Woods 1. The supreme authority of the organization is the international tropical timber Council, which consists of all members of the organization.
2. each Member is represented in the Council by one representative and may designate alternates and advisers to attend sessions of the Council.
3. a Deputy may be authorized to act and vote on behalf of the representative in the absence or in special circumstances.
Art. 7 powers and functions of the Council exercises all powers and performs, or ensures the fulfillment of the functions which are necessary for the application of the provisions of this agreement. (In particular, the Council: has) by special vote in accordance with art. 12, shall adopt rules and regulations which are necessary for the application of the provisions of this agreement and are consistent with these, including its rules of procedure, the rules of financial management and the status of the staff of the organization. The financial rules and the financial regulations govern including the inputs and outputs of fund accounts created in art. ((18. the Board may, in its rules of procedure, provide for a procedure to take, without meeting, decisions on specific issues; b) makes the decisions necessary for the proper functioning of the Organization; c) holds the archives he needs to carry out the functions conferred upon him by this agreement.
Art. 8 Chairman and Vice-Chairman of the Board 1. The Council shall elect for each calendar year a Chairman and a Vice-Chairman, who are not paid by the organization.
2. the President and Vice-president are elected, one from among the representatives of producing members and the other among those of the consumer members.
3. the President and Vice-President are attributed in turn to each of the two categories of members for a year, provided, however, that this alternation does not prevent the re-election, in exceptional circumstances, the President or the Vice-president, one or the other.
4. in the case of a temporary absence of the President, the Vice-president took the Chair. In case of temporary absence of the Chairman and Vice-Chairman, or in the absence of one or the other or both for the duration of the term, the Council may elect new holders among the representatives of producer members or from among the representatives of the consumer members, as the case may be, on a temporary basis or for the duration of the term of the predecessor.
Art. 9 sessions of the Council 1. As a general rule, the Board holds at least one regular session a year.
(2 the Council shall meet in extraordinary session if it so decides or if required by a member or by the Executive Director in agreement with the President and the Vice-president of the Council, and: has) by a majority of producer members or a majority of the members consumers; or (b) by a majority of the members.
3. the sessions of the Council held at the headquarters of the Organization unless the Council, by special vote in accordance with art. 12, decides otherwise. In this respect, the Board strives to hold a session on two outside the headquarters of the Organization, preferably in a producer country.
4. in considering the frequency of its sessions and the place for their holding, the Council ensures that sufficient funds are available.
5. the Executive Director announces sessions to members and to communicate the agenda with notice of at least six weeks, except in an emergency, where the notice will be at least seven days.
Art. 10 distribution of votes 1. Producer members holding together 1000 votes and the consumer members holding together 1000 votes.
2. the votes of the producer members are distributed as follows: has) 400 voices are divided equally 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 distributed equally among the producer members of that region; b) 300 votes are distributed among the producing members according to the share of each in the total tropical forest resources of all Member producers; c) 300 votes are distributed among the producer members in proportion to the average value of their respective net exports of tropical timber during the last three-year period for which definitive figures are available.
3. Notwithstanding the provisions of the by. 2 of this section, the total of voting power according to the by. 2 of this article to the producer members from the African region is distributed equally among all producer members of that region. If there are voices, each of these voices is attributed to a producer member from the African region: the first to the producer Member who gets the largest number of votes calculated in accordance with the by. 2 of this article, the second to the producer Member which comes second by the number of votes received, and so on until all the remaining votes have been distributed.
4. subject to the provisions of the by. 5 of this article, the votes of the consumer members are distributed as follows: each consumer member shall have 10 basic votes; the rest of the vote is divided among members consumers in proportion to the average volume of their respective net imports of tropical timber during the five-year period commencing six calendar years before the distribution of the votes.
5. the number of votes allocated to a consumer member cannot increase by more than 5% from one biennium to another. Surplus votes are distributed between members consumers proportionally to the average volume of their respective net imports of tropical timber during the five-year period commencing six calendar years before the distribution of the votes.
6. the Council may, by special vote in accordance with art. 12, change the minimum percentage required for votable special by consumer members if it deems it necessary.
7. the Council distributes the voices for each biennium at the beginning of the 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 the by. 8 of this article.
8. when the membership of the organization changes or when the right to vote of a member is suspended or restored under any provision of this agreement, the Council proceeds to a new distribution of votes within the category or categories of members in question, in accordance with the provisions of this article. The Council then sets the date on which the new distribution of votes takes effect.
9. There may be splitting votes.
Art. 11 voting procedure in the Council 1. Each Member has to vote, the number of votes it holds, and no Member may divide its votes. However, a member is not required to express in the same direction as his own voice that he is authorized to use by virtue of the by. 2 of the present article.
2. by written notification addressed to the President of the Council, any producer Member may authorize, under its own responsibility, any other producer Member, and any consumer member may authorize, under its own responsibility, any other consumer member, to represent its interests and to use its votes at any meeting of the Council.
3. a member who abstains is deemed not having used his voice.
Art. 12 decisions and recommendations of the Council 1. The Council strives to take all decisions and make all recommendations by consensus.
2. lack of consensus, all decisions and all of the recommendations of the Board are adopted by a distributed simple majority vote, unless this agreement provides for a special vote.
3. when a Member invoking the provisions of the by. 2 of art. 11 and that his voice is used for a meeting of the Council, this member is considered, for the purposes of the by. 1 of this article, as present and voting.
Art. 13 quorum for the Council
1. the quorum for any meeting of the Council is constituted by the presence of a majority of members of each category referred to in art. 4, provided that the members hold two-thirds at least of the total votes in their category.
2. If the quorum defined in the by. 1 of the present article is not reached the day fixed for the meeting or the next day, a quorum is made up the following days of the session by the presence of a majority of members of each category referred to in art. 4, provided that the members hold the majority of the total votes in their category.
3. any member represented according to the by. 2 of art. 11 is considered to be present.
Art. 14. the Executive Director and staff 1. The Council, by special vote in accordance with art. 12, 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 Chief Administrative Officer of the Organization; He is responsible to the Board of administration and operation of this agreement in accordance with the decisions of the Council.
4. the Executive Director shall appoint the staff regulations adopted by the Board. The staff is responsible to the Executive Director.
5. neither the Executive Director nor any member of the staff shall have any financial interest in the industry or trade of the wood, or associated commercial activities.
6. in the performance of their duties, the Executive Director and other staff members don't seek or accept no instructions of any member or any authority outside the organization. They shall refrain from any act likely to have adverse implications for international officials responsible ultimately to the Council. Each Member of the Organization shall respect the exclusively international character of the responsibilities of the Executive Director and other members of staff and not to seek to influence them in the discharge of their responsibilities.
Art. 15 cooperation and coordination with other organizations 1. To achieve the objectives of this agreement, the Council shall take all steps appropriate for the purpose of consultation and cooperation with the Organization of the United Nations and its bodies and specialized agencies, including the the United Nations Conference on trade and development (UNCTAD) and other international and regional institutions and organizations concerned, 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, in order to avoid duplication of efforts to achieve the objectives of this agreement and to enhance the complementarity and the efficiency of their activities.
3. the United Nations takes full advantage of the facilities of the common fund for commodities.
Art. 16 admission of observers the Council may invite any Member State or observer of the United Nations which is not a party to this agreement, or any organization referred to in art. 15 interested in the activities of the Organization to attend the sessions of the Council as an observer.
Chapter V Privileges and immunities art. 17. privileges and immunities 1. The Organization has legal personality. In particular, it has the capacity to contract, to acquire and dispose of movable and immovable property and to institute legal proceedings.
2. the status, privileges and immunities the Organization, its Executive Director, its staff and experts, and representatives of the members while they are on the territory of the Japan, continue to be governed by the headquarters agreement between the Government of Japan and the international organization of tropical Woods signed at Tokyo on 27 February 1988 in view of the amendments that may be necessary for the proper application of this agreement.
3. the organization may also conclude with one or more other countries of agreements, which must be approved by the Council, affecting the powers, privileges and immunities that may be necessary for the proper application of this agreement.
4 If the headquarters of the organization is moved to another country, the Member in question 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 request the new host Government to exonerate from taxes, within the limits of its national legislation, the emoluments paid by the Organization to its staff and assets, income and other property 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 moved from the country of the Government host; OUC) if the Organization ceases to exist.
Chapter VI provisions financial art. 18 financial accounts 1. Shall be set up: a) the administrative account, which is funded by assessed contributions of members; b) the special account and the funds for the Bali Partnership, which are funded by voluntary contributions; c) all other accounts that the Council considers necessary and appropriate.
2. the Council, in accordance with art. 7, financial rules that guarantee management and transparent administration of the accounts, including rules governing the settlement of accounts at the end or expiry of this agreement.
3. the Executive Director is responsible for the management of the financial accounts before the Council, to which it reports.
Art. 19 administrative account 1. The expenses necessary for the administration of this agreement are posted on the administrative account and shall be met by annual contributions paid by members in accordance with their constitutional or institutional procedures respective, and calculated according to the by. 4, 5 and 6 of this article.
((2. the administrative account finances: a) the administrative basic expenses such as salaries and benefits, installation costs and travel costs; b) operational essential related expenses including communication and outreach, expert meetings convened by the Council as well as in the development and publication of studies and assessments provided for in art. 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 art. 26 are the responsibility of the Member concerned. When a member requests special services to the Organization, the Board requires that Member to be responsible for the cost.
4. before the end of each biennium, the Council shall adopt the budget of the administrative account of the Organization for the biennium following and fixed the contribution of each Member to that budget.
5. contributions to the administrative account for each biennium are calculated in the following way: has) the expenses referred to the by. 2 (a) of this section are funded in equal parts by the producer and consumer members, the contribution of each Member being proportional to the report which exists between the number of votes; this member and the total number of votes of its group b) the expenses referred to the by. (2 (b) of this article are financed at height of 20% by producers and 80% by consumers, the contribution of each Member being proportional to the report which exists between the number of votes; this member and the total number of votes of his group c) the expenses referred to the by. 2 (b) of this section may not exceed one-third of the expenses referred to the by. 2 (a) of this article. The Council may, by consensus, decide to modify the ceiling for a biennium determined; d) the Board may assess the extent to which the administrative account and the accounts funded by voluntary contributions contribute to the functioning of the Organization the evaluation referred to in art. 33; e) for the calculation of contributions, the votes of each member count without taking into account the suspension of the right to vote of a member any or the new distribution of votes resulting.
6. the Council shall set the initial contribution of any Member who joined the Organization after the entry into force of this agreement based on the number of voices that this member must hold and the fraction remaining of the current biennium, but the contributions requested from other members for the current biennium are not changed.
7. contributions to the administrative account are due the first day of each fiscal year. The contributions of the members 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 full contribution to the administrative account within four months following the date on which it is payable by virtue of the by. 7 of this article, the Executive Director asked to make payment as soon as possible. If that Member has still not paid its contribution within two months following the request, it is requested to indicate the reasons for which it could not make payment. If it has still not paid its contribution seven months after the date on which it is due, its voting rights is suspended until the full payment of its contribution, unless the Council, by special vote in accordance with art. 12, decides otherwise. If a member has not paid its contributions for two consecutive years in full, taking into account the provisions of art. 30, it can no longer submit proposals for project or draft for financing by virtue of the by. 1 of art. 25 9. If a member has paid its full contribution to the administrative account within four months following the date on which it is payable by virtue of the by. 7 of this section, this member has a contribution discount under the terms laid down by the Council in the financial rules of the organization.
10. a member whose rights have been suspended enforcement of the by. 8 of this article remains liable to pay its contribution.
Art. 20 special account 1. The special account includes two subsidiary accounts: a) the thematic programmes sub-account; b) the project sub-account.
2. the possible sources of finance for the special account are the following: a) Common Fund for commodities; b) regional and international financial institutions; c) voluntary contributions from members; d) other sources.
3. the Commission defines criteria and procedures for the transparent operation of the special account. These procedures take into account the need for balanced representation of members, including donor members, in the operation of the sub-account of the thematic programmes and the sub-account projects.
4. the thematic programmes sub-account has to facilitate the payment of contributions for the financing of pre-projects, projects and approved activities that are consistent with thematic programmes established by the Council on the basis of the priorities established concerning the directions and projects, in accordance with the art. 24 and 25.
5. the donors may allocate their contributions to specific thematic programmes or request the Executive Director to make proposals for allocating their contributions.
6. the Executive Director shall report periodically to the Council on the allocation and use of funds to the sub-account of the thematic programmes and on execution, monitoring and evaluation of pre-projects, projects and activities, as well as the financial resources necessary for the proper performance of the thematic programmes.
7. the project sub-account has intended to facilitate earmarked contributions for the financing of pre-projects, projects and approved activities, in accordance with the art. 24 and 25.
8. contributions to the sub-account of the projects assigned to a draft, a project or an activity are used for execution of the preliminary draft, the project or activity to which they have been assigned, unless otherwise decided by the donor in consultation with the Executive Director. On completion or on the expiry of a pre-project, project or activity, the donor decides on the use of any remaining funds.
9. to ensure predictable financing of the special account, given the voluntary nature of contributions, members are trying to reconstitute adequate resources so that the pre-projects, projects and activities approved by the Council can be fully executed.
10. all receipts pertaining to the first drafts, projects and activities specific to the title of the sub-account of the thematic programmes sub-account and the project are brought to the corresponding account. All expenses related to these pre-projects, projects or activities, including remuneration and travel of consultants and experts fees, are charged to the corresponding sub-account.
11. membership in the organization does not entail, for any member of responsibility any of the measures taken by any other Member or any other entity for pre-projects, projects or activities.
12. the Executive Director helps develop proposals for pre-project, project and activity in accordance with the art. 24 and 25 and seeks to find, to the conditions and in the manner as the Council may determine, safe and adequate funding for the pre-projects, projects and activities approved.
Art. 21 1 Bali Partnership Fund. There is a Fund for sustainable management of tropical timber producing forests, to assist producer members to make the investments necessary to achieve the objective stipulated in para. d of section 1 of this agreement.
2. the Fund is constituted by: a) the contributions of members donors; b) 50% of revenues from activities related to the special account; c) resources from other sources, private and public, that organization may accept consistent with its financial rules, d) resources from other sources approved by the Council.
3. the resources of the Fund are allocated by the Council only to pre-projects and projects for the purposes set out in the by. 1 of this article and approved in accordance with the art. 24 and 25.
4. for the allocation of the resources of the Fund, the Council sets criteria and priorities for the use of the funds, taking into account: a) the needs of members it is necessary to help to ensure that their exports of tropical timber and derived products from sustainably managed sources; b) the needs of members to establish and manage significant programs of conservation of timber producing forests; c) the needs of members to implement programs of sustainable forest management.
5. the Executive Director helps to develop proposals for the project in accordance with art. 25, and seeks to find, to the conditions and in the manner that the Board may fix, adequate and secure financing for projects approved by the Council.
6. members are trying to replenish the resources of the Fund for the partnership of Bali at a level sufficient to contribute to the achievement of the objectives of the Fund.
7. the Commission checks periodically if there are enough resources available to the Fund and strives to obtain the additional resources need producer members to meet the purpose of the Fund.
Art. 22 forms of payment 1. Financial contributions to accounts created in art. 18 are payable in freely convertible currencies and are not subject to exchange restrictions.
2. the Council may also decide to accept contributions to accounts created in art. 18 other than the administrative account in other forms, including in the form of material or scientific and technical staff, to meet the requirements of approved projects.
Art. 23 audit and publication of accounts 1. The Council shall appoint independent auditors responsible for checking the accounts of the organization.
2. reports of accounts created in art. 18, verified by independent auditors, are available to the members as soon as possible after the end of each fiscal year, but not more than six months after this date, and the Council considers them for approval at its next session, as appropriate. A summary statement of accounts and balance sheet audited is then published.
Chapter VII activities operational art. 24 activities general policy of the Organization 1. In order to achieve the objectives defined in article 1, the Organization undertakes activities of policy and project activities by doing in an integrated manner.
2. the general policy of the organization activities should contribute to the achievement of the objectives of this agreement for all members of ITTO.
3. the Council periodically a plan of action that inspires the activities of policy and sets priorities and the thematic programmes referred to the by. 4 of art. 20 of this agreement. The priorities identified in the action plan are included in the work programmes approved by the Council. Policy activities include the design and development of guidelines, manuals, studies, reports, communication tools and extension of basic, as well as similar activities defined in the plan of action of the organization.
Art. 25 project activities of the Organization 1. Members and the Executive Director may submit pre-project and project proposals which contribute to the achievement of the objectives of this agreement and one or several priority areas or thematic programmes identified in the action plan approved by the Council in accordance with art. 24.
2. to approve the drafts and projects, the Board establishes criteria that take particular account of their relevance to the objectives of this agreement as well as to the priority areas or thematic programmes, of their environmental and social consequences, of their links with national forest programmes and strategies, their profitability, technical and regional needs, the need to avoid duplication of efforts and to integrate the lessons learned.
3. the Council sets up a program and procedures for submission, review, approval and the ranking in order of priority the drafts and the projects for which funding from the Organization approached, as well as for their execution, their follow-up and their evaluation.
4. the Executive Director may suspend disbursement of the funds of the Organization for a pre-project or project if these funds are not used in accordance with the description of the project, or in case of breach of trust, waste, neglect or mismanagement. The Executive Director reports to the Council at its next session for consideration. The Council takes the decisions required.
5. the Council may, based on the agreed criteria, limit the number of projects and pre-projects that a member or the Executive Director may make during a cycle of projects. It can also take the measures that are necessary for example deciding to no longer sponsor a draft or a project, following the report presented by the Executive Director.
Art. 26 committees and subsidiary bodies 1. The following committees are hereby established as committees of the Organization, and are open to all members: a) Committee on forest industry; b) Committee of economy, statistics and markets; c) Committee on reforestation and forest management; d) finance and administration Committee.
2. the Council may, by special vote in accordance with art. 12, establish or dissolve committees and subsidiary bodies as appropriate.
3. the Council shall determine the functioning and scope of the activities of the committees and other subsidiary bodies. The committees and other subsidiary bodies are accountable to the Council and work under his authority.
Chapter VIII statistics, studies and information art. 27 statistics, studies and information 1. The Council authorized the Executive Director to establish and maintain close relationships with intergovernmental, governmental and non-governmental organizations competent to facilitate obtaining data and recent and reliable information, including on the production and trade in tropical timber, trends and discrepancies between data, as well as relevant information on non-tropical timber and the sustainable management of timber-producing forests. As it deems necessary for the operation of this agreement, the Organization, in cooperation with these organizations, gathers, compiles, analyzes, and publishes such information.
2. the organization contributes to efforts to standardize and harmonize the presentation of reports on forest issues internationally by avoiding overlap and duplication in the data collection carried out by various organizations.
3. the members communicate, to the extent where their national law permits, and within the time specified by the Executive Director, statistics and information on timber, their trade and activities to ensure sustainable management of timber producing forests, as well as other information requested by the Commission. The Council shall decide the type of information to be provided under this paragraph and the manner in which this information should be presented.
4. upon request and if necessary, the Council is endeavouring to strengthen the technical capacity of member countries, in particular developing countries, to provide statistics and present the reports required under this agreement.
5. If a member has failed, for two consecutive years, the statistics and information in the by. 3 of this agreement and has not requested the assistance of the Executive Director, requested him to explain himself by setting a specific deadline. If no satisfactory explanation is given, the Council takes the measures it considers appropriate.
6. the Council periodically commissioned the relevant studies on the trends and issues in the short term and long term of the international timber markets as well as on the progress achieved on the path of sustainable management of timber-producing forests.
Art. 28 annual report and biennial review 1. The Council publishes an annual report on its activities, and any other information that he deems appropriate.
((2 the Council examines and evaluates all two years: a) the international situation concerning the timber work; b) other factors, issues and developments considered in relation to the achievement of the objectives of this agreement.
3. the review is given: a) information provided by members on production, trade, supply, stocks, consumption and domestic softwood lumber prices; b) other statistical data and specific indicators provided by members at the request of the Council; c) information supplied by members on the progress achieved on the path of sustainable management of timber-producing forests; d) other relevant information that the Council may be provide, either directly or through the organizations of the United Nations and intergovernmental, governmental or non-governmental; e organizations) the information provided by members on the progress made in the implementation of mechanisms of control and information on illegal logging and illegal trade of tropical timber and non-timber forest products.
((4 the Council encourages an exchange of views between Member States on: a) the situation regarding the sustainable management of timber-producing forests and related matters in member countries; b) resource flows and requirements with respect to the objectives, criteria and guidelines set by the organization.
5. upon request, the Council is endeavouring to strengthen the technical capacity of member countries, in particular of the developing member countries, to obtain the data necessary for adequate information sharing, especially in providing members of the resources for training and facilities.
6. the results of the review are recorded in the report of the session of the corresponding Council.
Chapter IX provisions various art. 29 General obligations of members 1. During the term 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.
2. Members undertake to accept and implement the decisions the Board makes under the provisions of this agreement and shall refrain from measures that would limit or thwart these decisions.
Art. 30 waivers 1. When exceptional circumstances, emergency situations or for reasons of force majeure which are not expressly envisaged in this agreement, the Council may, by special vote in accordance with art. 12, providing a member of an obligation under this agreement if the explanations given by this member convinced him as to the reasons preventing him from this obligation.
2. the Council, when it grants an exemption to a member by virtue of the by. 1 of this article specifies the terms, conditions, duration and reasons.
Art. 31 complaints and disputes any Member may bring to the Council any complaint against another Member for breach of the obligations under this agreement and any dispute relating to the interpretation or application of this agreement. The decisions of the Council are taken by consensus, notwithstanding any other provision of this agreement, are final and binding.
Art. 32 differentiated and remedial measures and special measures 1. Consumer members that are developing countries and whose interests are adversely affected by measures taken under this agreement may request the Board of differentiated and corrective measures appropriate. The Council plans to take appropriate measures in accordance with the by. 3 and 4 of section III of resolution 93 (IV) of the United Nations on trade and Development Conference.
2. members in the category of least developed countries as it is defined by the United Nations Organization may ask the Council to benefit from special measures, in accordance with the by. 4 of section III of resolution 93 (IV) and to the by. 56 and 57 of the Paris Declaration and the Programme of action for the 1990s in favour of the least developed countries.
Art. 33 review the Council may evaluate the application of this agreement, including the objectives and financial mechanisms, five years after the entry into force.
Art. 34 non-discrimination
Nothing in this Agreement authorizes the use of measures to restrict or ban international trade in timber and derived products, particularly in what concerns imports and use of timber and of derivatives.
Chapter X provisions final art. 35 depositary the Secretary-General of the Organization of the United Nations is designated depositary of this agreement.
Art. 36 signature, ratification, acceptance and approval 1. This agreement will be open for signature by the Governments invited to the Conference of the United Nations for the negotiation of an agreement to succeed the international agreement of 1994 on tropical timber, at the headquarters of the United Nations, as of April 3, 2006 until the expiry of a period of one month after the date of its entry into force.
2. any Government referred to the by. 1 of this article may: has) at the time of signing this agreement, declare that by this signature it expresses its consent to be bound by this agreement (definitive signature); or (b) after signing this agreement, ratify, accept or approve it by the deposit of an instrument to that effect with the depositary.
3. during the signing and ratification, acceptance or approval of the membership or the application on an interim basis, the European Community or any intergovernmental organization referred to the by. 1 of art. 5 deposits a statement from the appropriate authority of that organization in which are specified the nature and the extent of its competence on matters referred to in this agreement, and it shall inform the depositary of any subsequent substantial modification of his skills. When the organization declares that all matters referred to in this agreement within its exclusive jurisdiction, States that members do not have to act according to the provisions of the by. 2 of art. 36, art. 37 and art. 38, or shall take the steps provided for in art. 41 or withdraw notification of application on a provisional basis under art. 38 art. 37 accession 1. Governments can adhere to this agreement on conditions determined by the Council, which include a time limit for the deposit of the instruments of accession. The Board shall send these conditions to the depositary. It may, however, grant an extension to Governments which are not able to adhere within the fixed time.
2. the membership is by the deposit of an instrument of accession with the depositary.
Art. 38 notification of application on an interim basis a signatory Government which intends to ratify, accept or approve this agreement, or a Government for which the Council has set conditions for membership but which has not yet been able to deposit its instrument, may at any time notify the depositary that it will apply the Agreement provisionally, in accordance with its laws and regulations , either when it enters into force in accordance with art. 39 or, if it is already in force, at a specified date.
Art. 39 entry into force 1. This agreement shall enter into force definitively on 1 February 2008 or on any later date, if 12 Governments of producers holding at least 60% of the total voting power in accordance with Annex A to this agreement and 10 Governments of consumers referred to in Annex B and representing at least 60 percent of global imports of tropical Woods recorded volume in 2005 , reference year, have signed this Agreement definitively or have ratified, accepted or approved, according to the by. 2 of art. 36 or art. 37 2. If this agreement has not entered into force definitively on 1 February 2008, it will enter into force provisionally on that date or on any date within the following six months, if 10 Governments of producers holding at least 50% of the total voting power in accordance with Annex A to this agreement and seven Governments of consumers referred to in Annex B and representing at least 50% of the world imports of wood volume tropical recorded in 2005, reference year, finally signed the agreement or have ratified, accepted or approved in accordance with the by. 2 of art. 36 or have notified the depositary in accordance with art. 38 that they will apply this Agreement provisionally.
3. If the requirements for entry into force to the by. 1 or to the by. 2 of this article have not been met on 1 September 2008, the Secretary-General of the Organization of the United Nations invites the Governments which have signed this Agreement definitively or have ratified, accepted or approved in accordance with the by. 2 of art. 36, or which have notified the depositary that they apply this Agreement provisionally, to meet as soon as possible to decide if the agreement comes into force between them, temporary or permanently, in whole or in part. The Governments which decide to put this agreement into force provisionally among themselves may meet from time to time to reconsider the situation and decide if the agreement comes into force between them on a permanent basis.
4. for any Government which has not notified the depositary, in accordance with art. 38, that it will apply this Agreement provisionally and which deposits its instrument of ratification, acceptance, approval or accession after the entry into force of the agreement, it will come into force on the date of such deposit.
5. the Executive Director of the Organization shall convene the Council as soon as possible after the entry into force of this agreement.
Art. 40 amendments 1. The Council may, by special vote in accordance with art. 12, recommend an amendment of this agreement to the members.
2. the Council shall fix the date to which members must have notified the depositary that they accept the amendment.
3. an amendment comes into force 90 days after that the depositary has received notifications of acceptance from members constituting at least two thirds of the producing members and totaling at least 75% of the votes of the producer members, and from members constituting at least two thirds of the consumer members and totaling at least 75% of the votes of the consumer members.
4. once 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 the by. 2 of this article relating to the date fixed by the Board, any Member may still notify the depositary that it accepts the amendment, provided that such notification is made before the entry into force of the amendment.
5. any Member which has not notified its acceptance of an amendment to the date on which such amendment comes into force cease to be party to this agreement as from that date, unless he proved to the Board that could not accept the amendment in time as a result of difficulties to complete its constitutional or institutional procedures and that the Council decides to extend for that Member the period of time. This member is not bound by the amendment as long as it has not notified that he accepts it.
6. If the requirements for the entry into force of the amendment are not satisfied on the date fixed by the Council according to the by. 2 of this article, the amendment is deemed withdrawn.
Art. 41 withdrawal 1. Any Member may denounce the present agreement at any time after the entry into force, by notifying its withdrawal in writing to the depositary. Simultaneously, he informed the Council of the decision he has taken.
2. the withdrawal takes effect 90 days after the depositary has received notification.
3. the withdrawal does not exempt members of the financial obligations to the organization.
Art. 42 exclusion if the Council finds that a member has breached the obligations imposed by this agreement and if it decides also that this breach seriously hampers the functioning of the agreement, it may, by special vote in accordance with art. 12, exclude that Member of the agreement. The Council immediately give notification to the depositary. That Member shall cease to be a party to this agreement six months after the date of the decision of the Council.
Art. 43 settlement of accounts of members who retire or are excluded or members who are not able to accept Amendment 1. The Council shall proceed to the liquidation of the accounts of a member who ceases to be a party to this agreement by reason: has) of the non-acceptance of an amendment to the agreement in application of art. 40; b) the withdrawal of the agreement in application of art. 41; OUC) the exclusion of the agreement in application of art. 42 2. The Council keep any share or contribution made by a member which ceases to be a party to this agreement to the financial accounts established under art. 18 3. A member who has ceased to be a party to this agreement is entitled to any share of the proceeds of liquidation of the organization or the other assets of the organization. It cannot be imputed to him either no share of the shortfall of the organization when this agreement ends.
Art. 44 duration, extension and end of the agreement
1. this agreement will 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 art. 12, to extend, renegotiate or terminate it in accordance with the provisions of this article.
2. the Council may, by special vote in accordance with art. 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 period of 10 years referred to the by. 1 of this article, or before the expiry of a period of extension referred to the by. 2 of this section, depending on the case, a new agreement to replace the present agreement has been negotiated but has not yet entered into force temporarily or definitive, the Council may, by special vote in accordance with art. 12, extend this agreement until the entry into force as interim or final of the new agreement.
4. If a new agreement is negotiated and takes effect while this agreement is being extended by virtue of the by. 2 or by. 3 of this article, this agreement, as it has been extended, ends at the time of the entry into force of the new agreement.
5. the Council may at any time, by special vote in accordance with art. 12, decide to terminate this agreement with effect from the date of his choice.
6. Notwithstanding the end of this agreement, the Council continues to exist for a period not exceeding 18 months to carry out the liquidation of the Organization, including the settlement of accounts, and, subject to relevant decisions to be taken by special vote in accordance with art. 12, it was during that period the powers and duties that may be necessary for these purposes.
7. the Council shall notify the depositary any decision taken pursuant to this article.
Art. 45 reservations reservations may not be made with respect to one any of the provisions of this agreement.
Art. 46 additional provisions and transitional provisions 1. This agreement follows the international agreement on tropical timber 1994.
2. all the steps taken under the international agreement of 1983 on tropical timber or of the international agreement on tropical timber 1994, either by the organization or one of its bodies, or on their behalf, which are in effect on the date of entry into force of this agreement, and it is not specified that the effect expires on this date will remain in application unless they are amended by the provisions of this agreement.
Done at Geneva on 27 January two thousand six, the texts of the agreement in English, Arabic, Chinese, Spanish, french and Russian as faith.
Annex A list of Governments attending the United Nations Conference for the negotiation of an agreement to succeed the international agreement of 1994 on the tropical Woods that are potential producer members under the terms of art. 2 (definitions) and indicative allocation of votes in accordance with art. 10 (distribution of votes) members Total Africa Angola Benin Cameroon 17 18 249 votes * 18 Ivory Coast * Gabon 18 * 18 Ghana * 18 Liberia * Madagascar 18 Nigeria 18 * 18 Central African Republic * 18 Democratic Republic of the Congo * 18 Republic of the Congo * Rwanda 17 Togo 18 * 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 American and Caribbean Barbados Bolivia 7 362 * 19 Brazil * 157 Colombia * 19
Costa Rica 7 Ecuador * 11 Guatemala * Guyana 8 * 12 Haiti Honduras 7 * 8 Mexico * Nicaragua Panama 8 15 * 8 10 Peru Paraguay * 24 Dominican Republic Suriname 7 * 10 Trinidad and Tobago * 7 Venezuela * 18 Total 1000 * member of the international agreement on tropical timber State 1994 November 11, 2014 Appendix B list of Governments attending the Conference of the United Nations for the negotiation of an agreement to succeed the international agreement of 1994 on the tropical Woods which are Members potential consumers to the terms of art. 2 (definitions) Albania Algeria Australia * Canada * China * EC * 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 * Iran (Islamic Republic of) Iraq Arab Jamahiriya Libyan Japan * Lesotho Morocco Nepal * New Zealand * Norway * Republic of Korea * Switzerland * * Member of the international agreement of 1994 on tropical timber State on 11 November 2014 scope on 11 November 2014 States parties Ratification
Membership (A) Signature without reservation of ratification (if any) entered into force Albania October 26, 2011 if December 7, 2011 Germany 17 December 2009 December 7, 2011 Australia September 24, 2008 December 7, 2011 Belgium April 25, 2008 if 1 January 1000 Bulgaria December 17, 2009 December 7, 2011 Benin December 7, 2011 if December 7, 2011 Brazil 18 October 2013 18 October 2013 Cambodia July 15, 2009 December 7, 2011 Cameroon August 21, 2009 December 7, 2011 China December 14
2009 December 7, 2011 Macao December 14, 2009 December 7, 2011 Cyprus July 9, 2010 December 7, 2011 Colombia 15 March 2013 March 15, 2013 Congo (Brazzaville) December 2, 2010 December 7, 2011 Congo (Kinshasa) July 21, 2010 December 7, 2011 Korea (South) 3 February 2009 if 7 December 2011 Costa Rica November 1, 2013 has November 1, 2013 Ivory Coast 31 October 2008 December 7, 2011 Denmark November 18, 2009 if December 7, 2011 Ecuador November 5, 2008 7 December 2011 Spain December 17, 2009 December 7, 2011 Estonia August 9, 2011 December 7, 2011 United States April 27, 2007 if December 7, 2011 Fiji April 23, 2010 December 7, 2011 Finland December 17, 2009 December 7, 2011 France April 7, 2010 December 7, 2011 Gabon 11 November 2008 December 7, 2011 Ghana 7 October 2008 if 7 December 2011 Greece 21 October 2011 December 7, 2011 Guatemala 3 February 2011 December 7, 2011 Guyana December 2, 2008 if 7 December 2011 Honduras November 14, 2011 December 7, 2011 Hungary 28 March 2012 March 28, 2012 India July 25, 2008 December 7, 2011 Indonesia March 31, 2009 December 7, 2011 Ireland December 17, 2009 December 7, 2011 Italy September 23, 2009 December 7, 2011 Japan 31 August 2007 December 7, 2011 Latvia December 15, 2010 December 7, 2011 Liberia 3 November 2008 December 7, 2011 Lithuania 17 December 2009 December 7, 2011 Luxembourg July 7, 2010 December 7, 2011 Malaysia
September 28, 2007 December 7, 2011 Mali October 25, 2010 December 7, 2011 Malta 18 November 2010 if December 7, 2011 Mexico March 6, 2008 December 7, 2011 Mozambique November 5, 2012 has 5 November 2012 Myanmar September 12, 2011 December 7, 2011 Norway 3 September 2008 December 7, 2011 New Zealand 13 October 2008 December 7, 2011 Panama February 14, 2008 December 7, 2011 Papua New Guinea 16 December 2010 December 7, 2011 Netherlands September 30, 2009 December 7, 2011 Philippines 8 July 2009 December 7, 2011 Poland November 5, 2010 December 7, 2011 Portugal 17 December 2009 December 7, 2011 Peru June 16, 2010 December 7, 2011 Romania December 17, 2009 December 7, 2011 United Kingdom March 5, 2009 December 7, 2011 Republic Central African November 4, 2014 November 4, 2014 Czech Republic 17 December 2009 December 7, 2011 Slovakia December 17, 2009 December 7, 2011 Slovenia December 17, 2009 December 7, 2011 Switzerland April 27, 2007 December 7, 2011 Sweden 28 October
2008 December 7, 2011 Suriname 28 February 2014 has 28 February 2014 Trinidad and Tobago 5 November 2012 has January 5, 2012 European Union * March 28, 2012 March 28, 2012 Viet Nam April 10, 2014 was April 10, 2014 * reservations and declarations. Reservations and declarations are not published to the RO. Texts in french and English can be found at the United Nations Internet site address: http://treaties.un.org/ or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
2012 551 RO; FF 2007 851 RO 2012 549 RO 2012 551, 1301 2013, 2014 4433.
State on November 11, 2014