0.916.117.1 original text international agreement 2007 coffee concluded at London on 28 September 2007 approved by the Federal Assembly on March 10, 2009 Swiss ratification Instrument deposited on September 11, 2009, entered into force for the Switzerland (State July 30, 2015), February 2, 2011 preamble the Governments Parties to this agreement, recognizing the exceptional importance of coffee to the economies of many countries which depend to a large extent on this product for their export earnings and to achieve their objectives of social and economic development;
Recognizing the importance of the coffee sector as a source of income for millions of people, particularly in the developing countries, and taking into account the fact that, in many of these countries, the production notes of small family farms;
Recognizing the contribution of a sustainable coffee to achieve sector development objectives agreed at the international level, including the objectives of the Millennium Development Goals (MDGs), in particular in what concerns the eradication of poverty;
Recognizing that it is necessary to encourage the sustainable development of the coffee sector, leading to improved employment and income, and a higher standard of living and better conditions of work in member countries;
whereas a close cooperation on issues pertaining to the cafe, including international trade, can promote a sector economically diversified global coffee, the economic and social development of producing countries, expanding production and consumption of coffee and the improvement of relations between exporters of coffee and coffee-importing countries;
whereas that collaboration among members, international organizations, the private sector and other relevant stakeholders can contribute to the development of the coffee sector;
Recognizing that access to information on coffee and management strategies the market risks can help avoid imbalances between production and consumption of coffee that could be at the origin of a marked instability of the market which may be prejudicial to producers and consumers; and noting benefits from international cooperation born of the implementation of the agreements of 1962, 1968, 1976, 1983, 1994 and 2001 on coffee, have agreed to the following: [RO 1965 562] [RO 1968 1570] [RO 1976 2300] [RO 1984 107] [RO 1996 116] [RO 2005 2647] Chapter I object art. 1 purpose the purpose of this agreement is to strengthen the global coffee industry and promote its sustainable development in the context of a market economy for the well-being of all participants in the sector, through the following measures: 1. promote international cooperation on issues relating to the coffee; 2. Provide a framework for consultations on issues between Governments and with the private sector coffee; 3. Encourage members to put in place a sustainable coffee in terms economic, social and environmental sector; 4. Provide a framework for consultations in seeking an agreement with respect to the structural international market conditions and the long-term trends of production and consumption that balances supply and demand and translates into prices fair both for consumers than for producers; 5. Facilitate the expansion and transparency of international trade of all types and all forms of coffee and encourage the removal of barriers to trade; 6. Collect, disseminate and publish information economic, technical and scientific, statistics and studies, as well as the results of research and development on coffee matters; 7. Promote the development of consumption and markets for all types and all forms of coffee, including in coffee-producing countries; 8. Develop and evaluate projects in the interest of the members and the world coffee economy and seek funding; 9. Promote the quality of the coffee to increase consumer satisfaction and the profits of producers; 10. Encourage members to develop appropriate food safety in the coffee sector; 11 procedures. Promote training and information programmes in order to contribute to the transfer, to the members on appropriate technologies for coffee; 12. Encourage members to develop and implement strategies to increase the capacity of local communities and small producers to benefit from coffee production, which may help to alleviate poverty; 13. Facilitate implementing provision of information on financial services and tools that can help coffee producers, including access to credit and management risks.
Chapter II Definitions article 2 definitions for the purposes of this agreement: 1. coffee means the grain and the cherry of the coffee plant, whether it is coffee parchment, green coffee and roasted coffee, and includes ground coffee, decaffeinated coffee, coffee liquid and soluble coffee. As soon as possible after the entry into force of this agreement and again every three years, the Council shall review the conversion factors of types of coffee listed in paras. ((d) in g) below. After each of these reviews, the Council shall determine and publish appropriate conversion factors. Before the first pass in review, and if the Council is not able to decide, the conversion factors are those which have been used in the international agreement of 2001 on coffee, which are listed in the annex to this agreement. Subject to these provisions, the terms listed below have the following meaning: a) green coffee means all coffee in grain, moistened, before roasting; b) dried coffee cherry means the dried fruit of the coffee plant. the green coffee from the coffee cherries dried equivalent is obtained by multiplying the net weight of the cherries dried; (c) by 0.50) parchment coffee means green coffee in its parche grain; the equivalent in green coffee parchment coffee is obtained by multiplying the net weight of the coffee parchment; by 0.80 d) roasted coffee means the green coffee roasted to a degree any and includes coffee ground; e) decaffeinated coffee means green, roasted or soluble, coffee after extraction of caffeine; f) liquid coffee means the soluble solids in water obtained from roasted coffee in liquid form; ETG) soluble coffee means solids, dehydrated and soluble in water, obtained from the roasted coffee.
2. bag means 60 kilograms, or 132 276 pounds of green coffee; tonne means a mass of 1000 kilograms or 2204,6 pounds; Book refers to 453 597 grammes.3. Year coffee means the twelve-month period that runs from October 1 to 30 septembre.4. Organisation means the International Coffee Organization; Council means the international Council of the cafe.5. Party contracting means a Government, the European Community or any intergovernmental organization referred to the by. (3) of art. 4 which has deposited an instrument of ratification, acceptance, approval or notification of provisional application of this agreement under ss. 40, 41 and 42 or fact accession to this agreement under art. 43.6 Member means a part Contractante.7. Exporting Member or exporting country means a member or country which is net exporter coffee, that is a member or a country whose exports exceed the importations.8, respectively. Importing Member or importing country means a member or a country that is importing net of coffee, that is a member or a country whose imports exceed the exportations.9, respectively. Distributed majority means a vote requiring 70% at least of the votes cast by exporting members present voting and 70% at least of the votes cast by importing members present voting, counted separement.10. Custodian means the intergovernmental organization or the contracting party to the international agreement of 2001 on coffee designated by decision of the Council under the international agreement of 2001 on coffee, taken by consensus before 31 January 2008 at the latest. This decision shall form part of this agreement.
Chapter III general commitments of the members art. 3 General commitments of the members 1) members are committed to take all necessary measures to enable them to fulfil the obligations imposed on them by this agreement and to cooperate fully among themselves for the achievement of the purpose of this agreement; Members undertake in particular to provide all information needed to facilitate the functioning of the agreement.
(2) members recognize that certificates of origin constitute an important source of information on the trading of coffee. As a result, exporting members responsibility to ensure that certificates of origin are correctly issued and used properly, in accordance with the regulations established by the Council.
(3) members recognize further that information on re-exports is also important for the proper analysis of the world coffee economy. As a result, importing members undertake to provide regular and accurate information on re-exports, in the form and in the manner determined by the Council.
Chapter IV the members article 4 members of the Organization 1) each Contracting Party shall constitute a single member of the organization.
(2) under conditions to be agreed by the Council, a member may change the category.
(3) any reference to the word "Government" in this Agreement shall be deemed to apply to the European Community and any intergovernmental organization having exclusive jurisdiction with regard to the negotiation, conclusion and application of this agreement.
S. 5 participation in group two Contracting Parties or more may, by appropriate notification to the Council and the depositary, taking effect at a date specified by the interested Contracting Parties and the conditions laid down by the Council, declare that they are members of the Organization as a group.
Chapter V organization of coffee art. 6 seat and structure of the international organization of the international coffee 1) the Organization of coffee created by the international agreement of 1962 on coffee continues to exist to ensure the implementation of this agreement and to supervise the operation.
(2) the headquarters of the organization is in London unless the Council decides otherwise.
(3) the international coffee Council is the supreme authority of the organization. Council is supported, where appropriate, of the Committee of finance and administration, Committee on promotion and development of markets and the project Committee. The Commission receives the opinion of the Advisory Committee of the private sector, the world coffee Conference and the Advisory Forum on financing in the coffee sector.
S. 7 privileges and immunities 1) the Organization has legal personality. It has including the capacity to contract, to acquire and to dispose of real estate and movable property, as well as to litigate.
(2) the status, privileges and immunities of the Organization, the Executive Director, members of staff and experts, and representatives of member countries during visits that the exercise of their duties leads them to perform on the territory of the host country shall be governed by a headquarters agreement concluded between the host Government and the organization.
(3) the headquarters agreement mentioned in the by. (2) of this article shall be independent of this agreement. However, it would end: a) by mutual consent of the host Government and the Organization; b) where the headquarters would be transferred from the territory of the Government host; OUC) where the Organization would cease to exist.
(4) the organization may conclude with one or more other members agreements that will require the approval of the Council, concerning the privileges and immunities that may be necessary for the proper functioning of this agreement.
(5) the Governments of member countries other than the host Government grant the Organization the same facilities as regards monetary regulations or Exchange, the maintenance of bank accounts and transfer of funds, as are accorded to the specialized agencies of the United Nations.
Chapter VI international Council of coffee art. 8 membership of the international Council of the coffee 1) the international coffee Council is composed of all members of the organization.
(2) each Member shall appoint one representative to the Council and, if it so desires, one or more alternates. In addition, each Member may designate one or more advisers to accompany his representative or its alternates.
S. 9 powers and functions) 1 the Board, invested with all powers specifically conferred by this agreement, shall exercise the functions necessary for the implementation of the provisions of this agreement.
(2) the Council may establish and dissolve committees and bodies subsidiary as needed, other than those referred to the by. (3) of art. (6-3) the Council shall adopt regulations necessary for the execution of this agreement and comply with its provisions, including its own rules of procedure and the regulations applicable to the financial management of the Organization and its staff. The Board may provide in its rules of procedure a procedure enabling it, without meet, take decisions on specific points.
(4) the Council shall periodically draw up a strategic plan to guide its work and identify priorities, including the priorities of projects under art. 28 and studies, investigations and reports pursuant to art. 34. the annual work programmes approved by the Commission take into account the priorities identified in the action plan.
(5) in addition, the Commission maintains the documentation necessary for the performance of duties under this agreement, and any other documentation as it deems desirable.
S. 10 president and Vice-president of the Council 1) the Council shall elect for each year coffee a President and Vice-president who are not paid by the organization.
(2) the President is elected from among the representatives of exporting members or among the representatives of importing members, and Vice-president among the representatives of the other category. This distribution will alternate every year coffee.
(3) neither the Chairman nor the Vice-Chairman acting President has the right to vote. In this case, his Deputy has the right to vote of the Member.
S. 11 sessions of the Council 1) Council meets twice a year in ordinary session and it can hold special sessions if it so chooses. It may hold special sessions at the request of ten members. Sessions of the Council are announced at least 30 days in advance, except in case of emergency in which case they are announced at least 10 days in advance.
(2) the sessions shall be held at the headquarters of the Organization, unless the Council decides otherwise. If a member calls on the Council to hold a meeting in its territory and the Council agrees, charges resulting, for the Organization, in addition to those which are incurred when the session was taking place at Headquarters, are borne by this member.
(3) the Council may invite any non-member country or any organization referred to in art. 15 and 16 to attend any of its sessions as an observer. At each session, the Council shall decide on applications for admission as an observer.
(4) the quorum for any meeting of the Board to make decisions is made up by the presence of more than half of the exporting members and importing members respectively holding two-thirds at least of the total of the votes for each category. If, at the beginning of a meeting of the Council or a plenary meeting, the quorum is not reached, the President decided to delay the opening of the session or plenary meeting for at least two hours. If, at the time scheduled for the new meeting, the quorum is not reached, the Chairman may again postpone the opening of the session or plenary meeting for at least two hours. If at the end of this new reference, is still no quorum, the question calling decisions is returned at the next session of the Council.
S. 12 voice 1) the exporting members have together 1000 votes and the importing members shall also; These voices are divided within each category, exporters, and importers respectively, as indicated in the following paragraphs of this article.
(2) each Member has as base figure, five voices.
(3) the rest of the votes of the exporting members shall be distributed between these members in proportion to the average volume of their respective exports of coffee all destinations during the four preceding calendar years.
(4) the remainder of the votes of the importing members is divided among such members in proportion to the average volume of their respective imports of coffee during the four preceding calendar years.
(5) the European Community or any intergovernmental organization as defined in the by. (3) of art. 4 has votes as a single Member; as a base figure, she has five voices plus additional voices in proportion to the average of imports or exports of coffee during the four preceding calendar years.
(6) the Council shall allocate the voice at the beginning of each year coffee under this article and this distribution remains in force during the year in question, except in the cases provided for in the by. 7) of this section.
(7) when a change occurs in the participation in the organization or if the voting rights of a member are suspended or restored under art. 21, the Council proceeded to a new distribution of votes, which obeys the provisions of this article.
(8) no Member has two-thirds or more two-thirds of the votes of its category.
(9) there may be fraction of voice.
S. 13 the Council 1) each Member voting procedure has all the voices that he holds and is not allowed to divide them. However, it may have differently than the votes given to him by proxy, in accordance with the provisions of by. 2) of this article.
(2) any exporting Member may authorize in writing any other exporting Member, and any importing Member may authorize in writing any other importing Member to represent its interests and to exercise its voting rights at one or more meetings of the Council.
S. 14 decisions of the Council 1) the Council shall endeavour to take all decisions and make all recommendations by consensus. When it does not reach a consensus, the Council takes its decisions and makes its recommendations to the majority distributed 70% at least of the votes of the exporting members present and voting and 70% at least of the votes of the importing members present and voting, counted separately.
(2) the following procedure shall apply to any decision that the Council takes distributed majority voices:
(a) if the proposal does not get distributed majority of votes because of the negative vote of one, two or three exporting members or one, two or three importing Member, if the Council so decides by the majority of members present, delivered to the voice within 48 hours; ETB) if the proposal gets still not the majority distributed votes, it shall be regarded as rejected.
(3) members undertake to accept as binding all decisions taken by the Council under this agreement.
S. 15 collaboration with other organizations 1) the Council may make arrangements to consult and collaborate with the Organization of the United Nations and its specialized agencies, other relevant intergovernmental organizations, and international and regional organizations relevant. It uses the better the mechanisms of the common fund for commodities and other sources of funding. These provisions may include financial measures that the Council considers appropriate for the purpose of this agreement. However, with regard to the implementation of any project within the framework of these measures, the organization does not assume any financial obligations, including in respect of guarantees given by members or other entities. No Member assumes a any liability, on the grounds of his membership in the Organization, because loans contracted or lending by any other Member or any other entity in connection with such projects.
(2) whenever possible, the organization may collect from member countries, non-member countries and donor agencies and other agencies, information on projects and development programmes focused on the coffee sector. Where appropriate and with the agreement of the parties concerned, the organization may make such information available to these other organizations as well as members.
S. 16 collaboration with non-governmental organizations to achieve the purpose of this agreement, the organization may, without prejudice to the provisions of the art. 15, 29, 30 and 31, engage and strengthen collaboration with relevant non-governmental organizations expert activities in relevant aspects of coffee and with other experts in the coffee sector.
Chapter VII Executive Director and staff art. 17 Executive Director and staff 1) the Council shall appoint the Executive Director. It lays down the conditions of employment of the Executive Director; they are comparable to those of similar peer officials of intergovernmental organizations.
(2) the Executive Director is the Chief of the administrative services of the Organization; He is responsible for the execution of the tasks entrusted to him in the administration of this agreement.
(3) the Executive Director shall appoint the staff in accordance with the rules adopted by the Council.
(4) the Executive Director and other officials must have no financial interest in the coffee industry or in trade or the transportation of coffee.
(5) in the performance of their duties, the Executive Director and the staff shall neither seek nor accept no instructions from any member or from any authority external to the organization. They shall refrain from any action incompatible with their status as international civil servants and are accountable only to the organization. Each Member undertakes to respect the exclusively international character of the functions of the Executive Director and the staff and not to seek to influence them in the performance of their tasks.
Chapter VIII finance and administration art. 18 Committee of finance and administration the finance and administration Committee is established. The Council fixes the composition and mandate. This Committee is responsible for supervising the preparation of the administrative budget for the approval of the Council and to exercise any other function assigned to it by the Council, including the monitoring of revenue and expenditure and issues relating to the administration of the organization. The finance and administration Committee shall report on its work to the Council.
S. 19 financial provisions 1) expenses of delegations to the Council and representatives to any other Committee of the Council, are the responsibility of the State which they represent.
(2) other costs entailed by the implementation of this agreement are covered by annual dues of members which shall be distributed as stated in art. 20 as well as revenues from the sale of services to members and the sale of information and studies resulting from the application of the provisions of the art. 32 and 34.
(3) the financial year of the Organization coincided with the year coffee.
S. 20 vote of the administrative budget and contributions 1 fixing) in the second half of each financial year, the Council approves the administrative budget of the Organization for the financial year following and evaluates the contribution of each Member to that budget. A draft administrative budget is prepared by the Executive Director under the supervision of the Committee of finance and administration in accordance with the provisions of art. 18. 2) for each fiscal year, the contribution of each Member to the administrative budget is proportional to the report that there is, at the time of the vote of the administrative budget, between the number of votes it has and the number of votes available to all the members. If, however, at the beginning of the fiscal year for which the contributions are fixed, the distribution of votes among members is changed by virtue of by. (6) of art. 12, the Commission adjusted contributions accordingly for this exercise. To determine contributions, there are the votes of each Member without taking into account the possible suspension of the voting rights of a member or redistribution of votes that could result.
(3) the Council shall fix the initial contribution of any country which became a member of the Organization after the entry into force of this agreement, in accordance with the provisions of art. 42, depending on the number of votes attributed to him and the fraction of the current fiscal year; but the contributions assigned to the other members for the current financial year remain unchanged.
S. 21 payment of contributions 1) contributions to the administrative budget for each financial year shall be payable in freely convertible currency and shall be due on the first day of the year.
(2) a member which not discharged fully its contribution to the administrative budget within six months of its due loses, until where it do so fully, its voting rights and its right to participate in meetings of specialized committees. However, unless a decision is taken by the Council, this member is deprived of any of the other rights conferred upon it by this agreement or record of any of the obligations it imposes.
(3) a member whose voting rights are suspended pursuant to the provisions of by. (2) of this section remains nevertheless liable to pay its contribution.
S. 22 financial responsibilities 1) Organization, operating in the manner specified in the by. (3) of art. 6, is not empowered to contract a any obligation outside the scope of this agreement, and cannot be deemed have been authorized to do so by the members; in particular, it is not entitled to borrow money. In the exercise of its power to the Organization inserts in its contracts the terms of this section so as to bring them to the attention of other stakeholders; However, if these conditions are not inserted, the contract is not even hit of nullity and the Organization shall not be deemed having exceeded the powers it conferred.
(2) the financial liability of a member is limited to its obligations regarding contributions specifically provided for in this agreement. Third parties dealing with the Organization are supposed to have knowledge of the provisions of this Agreement relating to the financial responsibilities of the members.
S. 23 audit and publication of accounts as soon as possible and no later than six months after the close of each financial year, the Council is seized a State verified by expert approved, assets, liabilities, revenues and expenditures of the Organization during this fiscal year. This State is submitted to the Council for approval at its next session.
Chapter IX Promotion and development of the art market 24 removal of barriers to the trade and consumer 1) members recognize the importance of the sustainable development of the coffee sector, the elimination of existing barriers and the prevention of new barriers that could impede trade and consumption while recognizing the right of members to regulate and to introduce new regulations, in order to achieve national health and environment objectives consistent with their commitments and obligations under international agreements, including those relating to international trade.
(2) members recognize that certain measures currently in force could, more or less large extent hinder the increase in consumption of coffee, in particular:
((a) certain import arrangements applicable to coffee, including preferential and other tariffs, quotas, operations of monopolies Government or official purchase and other administrative rules and commercial practices organizations; b) some export arrangements in relation to direct or indirect subsidies and other administrative rules and commercial practices; etc.) certain Interior conditions of marketing and internal and regional legislative and administrative provisions that affect consumption.
(3) taking into account the aforementioned objectives and the provisions of by. 4) of this article, members strive to continue the reduction of tariffs on the coffee or take other measures to eliminate obstacles to the increase in consumption.
(4) in the light of their common interest, members undertake to seek means by which obstacles to the development of trade and consumption referred to the by. (2) of this section may be gradually reduced and term, wherever possible, eliminated, or the means by which their effects could be substantially reduced.
(5) having regard to the commitments entered into under the terms of by. (4) of this article, members shall inform annually the Council of any measures they have taken to implement the provisions of this article.
(6) the Executive Director prepares periodically a study of barriers to consumption, which is reviewed by the Council.
(7) in order to achieve the objectives referred to in this article, the Council may make recommendations to the members who make it report as soon as possible on measures they have taken to implement the recommendations in question.
S. 25 promotion and development of markets 1) members recognize the benefits, both for the exporting members for importing members, efforts to promote consumption, to improve the quality of the product and develop coffee markets, including those in the exporting members.
(2) promotion and market development activities may include information campaigns, research, capacity-building and studies relating to the production and consumption of coffee.
(3) such activities may be included in the annual programme of work of the Council or among the activities of the Organization for projects mentioned in art. 28 and can be financed by voluntary contributions from members, non-members, other organizations and the private sector.
(4) a promotion and market development Committee is established. The Council fixes the composition and mandate.
S. 26 measures related to processed coffee members recognize that developing countries need to broaden the bases of their economy, including industrialization and export of manufactured goods, including coffee processing and exportation of the processed coffee as referred to in paras. ((d) in g) of by. (1) of art. 2A this respect, members should avoid governmental measures to disrupt other members coffee sector are adopted.
S. 27 mixtures and substitutes) 1 member maintain in force any regulation that would require other products to be blended, processed or used with coffee for sale in trade under the name of coffee. Members shall endeavour to prohibit the advertising and sale, under the name of coffee, of products containing less than the equivalent 95% coffee green as raw material base.
(2) the Executive Director submit periodically to the Council a report on the manner in which are observed the provisions of this article.
Chapter X the projects arts organization activities 28 development and financing of projects 1) member and the Executive Director may submit proposals for projects which contribute to the achievement of the objectives of this agreement and one or more areas of priority work identified in the strategic action plan approved by the Council in accordance with art. (9-2) the Council shall fix the procedures and mechanisms for the submission, evaluation, approval, setting priorities and financing projects, as well as procedures and mechanisms for implementation, monitoring and evaluation of projects, and wide dissemination of their results.
3) at each session of the Council, the Executive Director shall report on the status of all projects approved by the Council, including projects awaiting funding, those being implemented or completed since the last session of the Council.
(4) a Committee is established. The Council fixes the composition and mandate.
Chapter XI private coffee art 29 Advisory Committee from the private sector) 1 the Committee Advisory from the private sector (hereinafter referred to as the PSAB) is an advisory body which is empowered to make recommendations when it is consulted by the Commission and which may invite the Council to take up matters related to this agreement.
(2) the CPSC is composed of eight representatives of the private sector in exporting countries and eight representatives of the private sector in importing countries.
(3) the members of the PSAB are representatives of associations or bodies designated by the Council, all the two years coffee plantations; their mandate may be renewed. The Commission shall, wherever possible, ensure the designation: has) two associations or organizations sector coffee private areas or exporting countries representing each of the four groups of coffee, preferably representing producers and exporters, and one or more alternates for each representative; ETB) of eight associations or organizations sector coffee deprived of importing countries, whether members or non-members, preferably representing importers and roasters, as well as one or more alternates for each representative.
(4) each Member of the PSAB is entitled to appoint one or more advisers.
(5) the CPSC has a Chairperson and a Vice-Chairperson elected among its members, for a period of one year. Holders of these functions are eligible for re-election. The President and the Vice-president are not paid by the organization. The President is invited to attend meetings of the Board as an observer.
(6) the PSAB normally meets at headquarters of the Organization, during the period of regular sessions of the Council. If the Council accepts the invitation by a member to hold a meeting in its territory, the CPSC can also hold its meeting on that territory. In such cases, the costs resulting therefrom, for the Organization, in addition to those which are incurred when the meeting is held at the headquarters of the Organization, are dependants of the country or the Organization of responsible private sector for this invitation.
(7) the CPSC may, with the approval of the Council, hold extraordinary meetings.
(8) the CPSC reports regularly to the Council.
(9) the CPSC is developing its own rules of procedure, while respecting the provisions of this agreement.
S. 30 world conference of coffee 1) the Council shall make arrangements to hold, at appropriate intervals, a world coffee Conference (hereinafter referred to as the Conference) which is composed of the exporting members and importing members, private sector representatives, and other interested participants, including participants from countries non members. The Commission to ensure, in collaboration with the President of the Conference, the Conference helps promote the purpose of this agreement.
(2) the Conference has a Chairman who is not paid by the organization. The President is appointed by the Council for an appropriate period of time and is invited to participate in the sessions of the Council as an observer.
(3) the Council decided, in conjunction with the Advisory Committee of the private sector, of the form, the name, the theme and the Conference schedule. The Conference is normally held at the headquarters of the Organization, during the period of sessions of the Council. If the Council accepts the invitation by a member to hold a meeting in its territory, the Conference may also be held on that territory. In such a case, the costs arising therefrom, for the Organization, in addition to those which are incurred when the session is being held at the headquarters of the Organization, are borne by the country hosting the session.
(4) unless the Council decides otherwise, the Conference is self-financed.
(5) the President shall submit the conclusions of the Conference to the Council.
S. 31 advisory forum on financing the area of coffee 1) Council convenes, at appropriate intervals and in collaboration with other relevant organizations, a Consultative Forum on financing in the coffee sector (hereinafter referred to as the Forum) to facilitate consultations on subjects relating to the financing and management of risk in the coffee sector, with special attention to the needs of small and medium producers and local communities in the regions of coffee production.
(2) the Forum is composed of representatives members, intergovernmental organizations, financial institutions, private sector, non-governmental organizations, interested non-member countries and other participants with the appropriate skills. Unless the Council decides otherwise, the Forum pays for itself.
(3) the Council shall establish rules that defines the functioning of the Forum, the appointment of its president and the wide dissemination of the results of its work, if necessary through appropriate mechanisms established in accordance with the provisions of art. 34. the president shall report to the Council on the results of its work.
Chapter XII statistics, studies and investigations s. 32 statistical information 1) the organization serves as a centre for the collection, Exchange and publish: has) statistical information on production, prices, exports, imports and re-exports, distribution and consumption of coffee in the world, including information on the production, consumption, trade and prices of coffee in the various categories of markets and products containing coffee; ETB) insofar as it deems appropriate, technical information on cultivation, processing and utilization of coffee.
(2) the Council may ask members to give him, in coffee, the information it deems necessary for its activity, including statistical reports on the production, the production trends, exports, imports and re-exports, distribution, consumption, stocks, prices and taxation, but it makes public any information that would identify the transactions of individuals or firms that produce process or flow of coffee. Members, as much as possible, communicate form as detailed, accurate and timely as possible the information requested.
(3) the Council establishes a system of prices to allow the publication of a daily composite price that is the true reflection of the market conditions.
(4) If a member does not give or has difficulty to give normal within the statistical information or others, including the Council needs for the smooth running of the Organization, the Council may require the Member in question which he explains the reasons for this failure. The Member in question may also notify the Commission of the difficulties it encounters and request technical assistance.
(5) if technical assistance is deemed necessary, or if a member has failed, for two consecutive years, the statistical information required under the by. 2) of this section and has not sought the assistance of the Council nor explained the reasons for this failure, the Council may take initiatives likely to induce the Member in question to provide the required information.
S. 33 certificates of origin 1) in order to facilitate the collection of statistics on the international coffee trade and to verify the quantities of coffee which have been exported by each exporting Member, the organization establishes a system of certificates of origin which obeys the rules approved by the Commission.
(2) all coffee exported by an exporting Member is accompanied by a valid certificate of origin. Certificates of origin shall be issued in accordance with the relevant Council regulation by the qualified organization that this member has chosen and approved by the organization.
(3) each exporting Member shall communicate to the Organization the name of governmental or non-governmental organization designated to perform the functions laid down in the by. 2) of this article. The Organization namely approves a non-governmental organization in accordance with the rules approved by the Council.
(4) any exporting Member may, in exceptional cases and with proper justification, request the Council to authorize that data relating to its exports of coffee, appearing on the original certificates are forwarded to the Organization in a different form.
S. 34 studies, surveys and reports 1) with the aim of assisting Member, the Organization promotes the preparation of studies, surveys, technical reports and other documents on relevant aspects of the coffee sector.
(2) may include work on the economic conditions of production and distribution of coffee, the coffee value chain analysis, approaches to the management of financial and other risks the impact of the measures taken by Governments on the production and consumption of coffee, aspects related to the sustainability of the coffee sector links between coffee and health and the possibilities of development of the market of coffee in its traditional uses and possible new uses.
(3) information collected, classified, analyzed and disseminated may also include, when technically feasible: has) the volumes and prices of the cafes on the basis of factors such as differences in geographical areas and production conditions related to quality; ETB) information on the structure of the market, niche markets and new trends of production and consumption.
4) in order to implement the provisions of by. (1) of this article, the Council shall adopt a work programme annual studies, surveys and reports, together with estimates of the resources required. These activities are funded either by provisions of the administrative budget or extra-budgetary sources.
(5) the organization gives special priority to the facilitation of the access to information by small coffee producers to help improve their financial results, including the management of credit and risk.
Chapter XIII provisions general article 35 preparations for a new agreement 1) the Council may examine the possibility of negotiating a new international agreement on coffee.
(2) in order to carry out this provision, the Commission examines to what extent the Organization achieved the purpose of this agreement, as specified in art. 1 s. 36 member sustainable coffee sector shall take due account sustainable management of coffee resources and processing of coffee, having regard to the principles and objectives related to sustainable development contained in agenda 21 and adopted by the United Nations Conference on environment and development which was held in Rio de Janeiro in 1992 and to those who were adopted at the World Summit on sustainable development that took place in Johannesburg in 2002.
S. 37 standard of living and conditions of Labour members take into account improvement of the standard of living and conditions of employment of the active population in the area of coffee, depending on the stage of their development, taking into account the principles and standards at the international level in this regard. In addition, members agree that labour standards are not be used for protectionist trade purposes.
Chapter XIV Consultations, disputes and claims art. 38 consultations each Member welcomes the comments that may be submitted by another Member on any question relating to this agreement and accepts any consultation relating thereto. During consultations of this kind, at the request of one of the parties and with the consent of the other, the Executive Director establishes an independent commission offering his good offices to reach a reconciliation. Expenditures for the commission are not the responsibility of the organization. If one of the parties does not accept that the Executive Director shall establish a panel or if the consultation does not lead to a solution, the issue may be submitted to the Council under art. 39. If the consultation results in a solution, a report is submitted to the Executive Director who distributes it to all members.
S. 39 disputes and claims 1) any dispute concerning the interpretation or application of this agreement which is not settled by negotiation is, at the request of any member party to the dispute, be referred to the Council for decision.
(2) the Council defines a procedure for settlement of disputes and claims.
Chapter XV provisions finals s. 40 signature and ratification, acceptance or approval 1) unless provided otherwise, February 1, 2008, to August 31, 2008 included, the agreement will be opened at the headquarters of the depositary, for signature by the Contracting Parties to the international agreement of 2001 on coffee as well as the Governments invited to the session of the Council at which this agreement was adopted.
(2) this agreement is subject to ratification, acceptance or approval by the signatory Governments in accordance with their legal procedures.
(3) except in the cases provided for by art. 42, the instruments of ratification, acceptance or approval shall be deposited with the depositary not later than September 30, 2008. However, the Council may decide to grant extensions of time to signatory Governments which are unable to deposit their instruments by that date. Such decisions of the Board will be transmitted to the depositary.
(4) upon signature and ratification, acceptance or approval, or to notification of provisional implementation of the agreement, the European Community deposited with the depositary a declaration in which exclusive jurisdiction is confirmed with regard to the matters covered by this agreement. Member States of the European Community do not have quality to be Contracting Parties to the agreement.
S. 41 provisional application any Government signatory which intends to ratify, accept or approve this agreement may, at any time, notify the depositary that it will apply this Agreement provisionally in accordance with its legal procedures.
S. 42 entry into force
(1) this Agreement shall enter into force definitively when of signatory Governments holding at least two-thirds of the votes of the exporting members, and from signatory Governments holding at least two-thirds of the votes of the importing members, as at the date of September 28, 2007, unless it refers to a possible suspension in respect of art. 21, have deposited instruments of ratification, acceptance or approval. Otherwise, this Agreement shall enter into force definitively at any time if it is provisionally in force in accordance with the provisions of by. (2) of this section and if the percentage requirements are satisfied by the deposit of instruments of ratification, acceptance or approval.
(2) If this agreement is not entered into force definitively on September 25, 2008, it enters into force provisionally on the same day or any day in the following 12 months, provided that the signatory Governments holding the number of votes specified in the by. (1) of this section have deposited instruments of ratification, acceptance or approval or notified the depositary in accordance with the provisions of art. (41. 3) If this agreement has entered into force provisionally but not permanently on September 25, 2009, it ceases to be in force provisionally unless the signatory Governments which have deposited instruments of ratification, acceptance or approval, or which have notified the depositary in accordance with the provisions of art. 41, decide, by mutual agreement, it continues to be in effect on an interim basis for a specific duration. These signatory Governments may also decide, by mutual agreement, that this agreement will finally enter into force between them.
(4) If this agreement has not entered into force provisionally or definitively, September 25, 2009, in accordance with the provisions of by. (1) or by. 2) of this article, the signatory Governments which have deposited instruments of ratification, acceptance or approval, in accordance with their laws and regulations, may, by common accord, decide that it will definitely come into force between them.
S. Accession 1 43) subject to contrary provisions of the agreement, the Government of any State member of the Organization of the United Nations or of one of its specialized agencies, or any intergovernmental organization as defined in the by. (3) of art. 4 may accede to this agreement according to the procedures specified by the Council.
(2) the instruments of accession shall be deposited with the depositary. Accession shall take effect at the time of the deposit of the instrument.
(3) upon the deposit of an instrument of accession, any such intergovernmental organization as defined in the by. (3) of art. 4, lodge a declaration confirming its exclusive competence for the matters covered by this agreement. The States members of the organization do not have quality to become a Contracting Party to this agreement.
S. 44 reserve none of the provisions of this agreement can be the subject of reservations.
S. 45 voluntary withdrawal any Contracting Party may at any time withdraw from this agreement by notifying its withdrawal to the depositary in writing. The withdrawal shall take effect 90 days after receipt of the notification.
S. 46 exclusion if the Council finds that a member has committed a breach of the obligations under this agreement, and considers further that such breach significantly impairs the operation of the agreement, it can exclude that Member of the organization. The Council shall immediately notify this decision the custodian. Ninety days after the decision of the Council, the member ceases to belong to the Organization and to be a party to the agreement.
S. 47 liquidation of the accounts in the event of withdrawal or exclusion 1) in the event of withdrawal or exclusion of a member, the Council liquid accounts if applicable. Organization retains the sums already paid by this member, who is on the other hand required to pay any amount it owes to the effective date of withdrawal or exclusion from the Organization; However, if a Contracting Party which is unable to accept an amendment and, therefore, ceases to be a party to the agreement by virtue of by. (2) of art. 49, the Council can liquidate the accounts in a way that seemed fair.
(2) a member who has ceased to participate in this agreement is not entitled to any share of the proceeds of liquidation or the other assets of the Organization; It cannot he be charged no part of the prospective organization deficit when the agreement ends.
S. 48 duration, extension and expiration or termination 1) this Agreement shall remain in force for a period of ten years after its entry into force provisionally or definitively unless it is extended by virtue of by. 3) of this article or terminated by virtue of by. 4) of this article.
(2) the Board reviewed this agreement five years after its entry into force and takes the appropriate decisions.
(3) the Council may decide to extend this agreement beyond its expiration date for one or more periods not exceeding eight years in total. Any Member who is not able to accept such an extension of the present Agreement shall inform in writing the Council and the depositary before the start of the extension period and cease to be party to the agreement at the beginning of the period of extension.
(4) the Council may at any time decide to terminate this agreement. The termination is effective from the time that the Council decides.
(5) Notwithstanding the termination of the agreement, the Commission continues to exist as long as necessary to take any action that is necessary for the period of time required to liquidate the Organization, auditing his accounts and dispose of its assets.
(6) any decision concerning the duration and/or termination of this agreement and any notification received by the Council, in accordance with this article, is duly transmitted to the depositary by the Council.
S. 49 Amendment 1) the Council may propose an amendment to the agreement which he conveyed to all Contracting Parties. This amendment shall take effect for all members of the Organization 100 days after that of the Contracting Parties holding at least two-thirds of the votes of the exporting members, and from Contracting Parties holding at least two-thirds of the votes of the importing members, have notified the depositary of their acceptance. Such two-thirds are calculated on the basis of the number of Contracting Parties to the agreement at the time where the proposed amendment is disseminated to the Contracting Parties involved in the process of acceptance. The Commission fixes a time limit before the expiry of which the Contracting Parties shall notify the depositary that they accept the amendment; the Council is this time knowledge of all the Contracting Parties and the depositary. If at the expiry of this period, conditions relating to the percentage required for the entry into force of the amendment are not met, it is considered withdrawn.
(2) subject to a contrary decision of the Council, if a Contracting Party has not notified its acceptance of an amendment within the time limit set by the Council for this purpose, this contracting party ceases to be a Contracting Party to this agreement from the date on which the amendment enters into force.
(3) the Council shall notify the depositary of any amendments distributed to the Contracting Parties under this section.
S. 50 additional and transitional provision all measures taken by the organization or one of its bodies, or on its behalf, under the international agreement of 2001 on coffee are applicable until the entry into force of this agreement.
S. 51 texts of the agreement authentic texts of this agreement in English, Spanish, french and Portuguese are all equally authentic. The originals shall be deposited with the depositary.
In faith whereof the undersigned, being duly authorized thereto by their Governments, have signed this agreement on the dates appearing opposite their signatures.
Annex Conversion factors for roasted, decaffeinated coffee, liquid and soluble as defined in the international agreement of 2001 on roasted coffee coffee green coffee roasted coffee equivalent is obtained by multiplying the net weight of roasted coffee by 1,19.
Decaffeinated green coffee decaffeinated coffee equivalent multiplied by 1, 1,19 or 2,6 respectively, the net weight of the decaf green, roasted or soluble.
Liquid coffee equivalent of liquid coffee green coffee is obtained by multiplying the net weight of the dried coffee solids contained in the liquid coffee by 2.6.
Soluble coffee soluble coffee green coffee equivalent is obtained by multiplying the net weight of soluble coffee by 2.6.
State July 30, 2015 depository of the 2007 international agreement on coffee Resolution number 436 of 25 January 2008 the international coffee Council, considering: that it approved Resolution No. 431 adopting the text of the international agreement on coffee 2007 session 98 September 28, 2007;
the Treaty Section of the United Nations in New York informed the Executive Director that the Secretary-General of the United Nations could not be custodian of all of the texts of the agreement of 2007 being authentic;
and he noted that the Executive Director would consider the legal and financial designation of a depositary of the agreement of 2007; options
only the by. (1) of art. 76 (depositaries of treaties) of the Vienna Convention of 1969 on the law of treaties provides that the designation of the depositary of a treaty may be carried out by the States participating in the negotiation and that a custodian may be one or more States, an international organization or the Chief Administrative Officer of the Organization; and that the by. (10) of art. 2 of the international agreement 2007 has coffee that the Commission refers to the depositary by a decision taken by consensus before 31 January 2008 at the latest and that this decision is part of the 2007 agreement, decides: 1. to designate the international coffee as depository of the international coffee 2007 agreement.
2. to request the Executive Director, as the Chief Administrative Officer of the international organization of coffee, take the necessary measures to ensure that the organization performs its functions of the depositary of the agreement of 2007 in accordance with the Vienna Convention on the law of treaties of 1969, including: a) keeping custody of the original text of the agreement and the full powers that would be remis.b) certified copies of the original text of the agreement to establish and the distribuer.c) receive all signatures to the agreement, receive and keep all instruments, notifications and communications relating to the Accord.d) examining whether a signature, an instrument, notification or communication relating to the agreement is in good and due forme.e) broadcast acts, notifications and communications relating to the Accord.f) communicate the date on which the number of instruments of ratification has been deposited acceptance or approval, or notifications of provisional application required for the entry into force final or interim agreement, fixed to the art. (42 of that accord.g) ensure the registration of the agreement with the Secretariat of the United Nations Unies.h) in case of questions about the performance of the functions of the depositary, bringing these issues to the attention of the signatories and Contracting Parties or, where appropriate, of the international Council of the coffee.
Scope July 30, 2015 States parties Ratification, accession (A) entry into force Angola September 22, 2009 February 2, 2011 Bolivia 22 September 2014 22 September 2014 Brazil February 2, 2011 February 2, 2011 Burundi September 21, 2009 February 2, 2011 Cameroon 17 September 2012 17 September 2012 Colombia July 22, 2015 July 22, 2015 Costa Rica 11 December 2009 February 2, 2011 Cuba December 4, 2008 February 2, 2011 Ivory Coast October 15, 2008 February 2, 2011 El El Salvador December 4, 2008 February 2, 2011 Ecuador September 30, 2008 February 2, 2011 United States August 28, 2008 February 2, 2011 Ethiopia 8 July 2010 February 2, 2011 Gabon 25 February 2009 February 2, 2011 Ghana August 17, 2009 February 2, 2011 Guatemala March 23, 2011 March 23, 2011 Honduras June 7, 2010 February 2, 2011 India September 22, 2008 February 2, 2011 Indonesia 5 February 2009 February 2, 2011 Japan July 23, 2015 has 23 July 2015 Kenya 22 May 2008 February 2, 2011 Liberia October 6, 2009 February 2, 2011 Madagascar November 26, 2014 26 November 2014 Malawi July 18, 2012 July 18, 2012 Mexico April 8, 2010 February 2, 2011 Nicaragua August 12, 2009 February 2, 2011 Norway September 21, 2010 February 2, 2011 Uganda March 1, 2010 February 2, 2011 Panama March 12, 2009 February 2, 2011 Papua New Guinea Paraguay August 21, 2013 August 21, 2013 Philippines March 29, 2011 was March 29, 2011 Central African Republic 24 August 2010 February 2, 2011 Russia April 24, 2015 was April 24, 2015 Rwanda 17 may 2012 May 17, 2012 Sierra Leone may 5, 2011 A 5 May 2011 Switzerland September 11, 2009 February 2, 2011 Tanzania 21 September 2010 February 2, 2011 Thailand August 4, 2009 February 2, 2011 Timor - Leste January 5, 2009 February 2, 2011 Togo September 21, 2010 February 2, 2011 Tunisia 21 September 2010 February 2, 2011 Turkey March 28, 2011 March 28, 2011 European Union *.
June 17, 2008 February 2, 2011 Viet Nam August 28, 2008 February 2, 2011 Yemen July 14, 2010 February 2, 2011 Zambia August 3, 2011 August 3, 2011 Zimbabwe 24 may 2012 may 24, 2012 * reservations and declarations: reservations and declarations are not published to the RO. Texts in french and in English can be obtained from the Directorate of public international law (DPIL), Section of international treaties, 3003 Berne.
Provisional application of the agreement from November 6, 2009.
2011 4421 RO; FF 2009 573 RO 2011 4419 RS 0.111 2011 4421, 2013 3035, 2015 2737 RO. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State July 30, 2015