The purpose of this Agreement is to strengthen the global coffee sector and promote its sustainable development within a market economy for the well-being of all participants in the sector, through the following measures:

1.

Promote international cooperation on issues related to coffee;

2.

Provide a framework for consultations on issues related to coffee between governments and the private sector;

3.

Encourage Members to establish a sustainable coffee sector in economic, social and environmental terms;

4.

Provide a framework for consultations by seeking an agreement on the structural conditions of international markets and the long-term trends in production and consumption that balance supply and demand and translate into Fair prices for both consumers and producers;

5.

Facilitate the expansion and transparency of international trade in all types and forms of coffee and encourage the removal of barriers to trade;

6.

Collect, disseminate and publish economic, technical and scientific information, statistics and studies, as well as the results of research and development on coffee issues;

7.

Promoting the development of consumption and markets for all types and forms of coffee, including coffee-producing countries;

8.

Develop and evaluate projects for the benefit of Members and the global coffee economy and seek financing;

9.

Promoting the quality of coffee to increase consumer satisfaction and producer profits;

10.

Encourage Members to develop appropriate food security procedures in the coffee sector;

11.

Promote training and information programs to contribute to the transfer of appropriate technology for coffee to Members;

12.

Encourage Members to develop and implement strategies to increase the capacity of local communities and small producers to benefit from coffee production, which could contribute to alleviating poverty; and

13.

Facilitate the provision of information on financial tools and services to assist coffee producers, including access to credit and risk management practices.

For the purposes of this Agreement:

1.

Coffee Refers to the coffee beans, coffee, green coffee or roasted coffee, and includes ground coffee, decaffeinated coffee, liquid coffee and soluble coffee. As soon as possible after the entry into force of this Agreement and once again every three years, the Council shall review the conversion factors for the types of coffees listed in paras. (d) to (g) below. After each review, the Board determines and publishes the appropriate conversion factors. Prior to the first review, and if the Board is unable to decide, the conversion factors are those used in the 2001 International Coffee Agreement, which are listed in the Annex to this Agreement. Subject to these provisions, the following terms have the following meanings:

(a)

Green Coffee Means any coffee in grain, unchecked, before roasting;

(b)

Dried Coffee Cerise Means the dried fruit of the coffee tree; the equivalent in green coffee of dried cherries is obtained by multiplying by 0.50 the net weight of the dried cherries;

(c)

Coffee in check Refers to the green coffee bean in its parche; the green coffee equivalent of the coffee is obtained by multiplying the net weight of the coffee by 0.80;

(d)

Coffee roasted Designates green coffee roasted to any degree and includes ground coffee;

(e)

Coffee decaffeinated Means green, roasted or soluble coffee after caffeine extraction;

(f)

Liquid Coffee Means water-soluble solids obtained from roasted coffee and presented in liquid form; and

(g)

Ssoluble Café Refers to solids, dehydrated and water-soluble, obtained from roasted coffee.

2.

Sac Means 60 kilograms, or 132 276 pounds of green coffee; Tonne Means a mass of 1000 kilograms, or 2204.6 pounds; Pound Designates 453 597 grams.

3.

Year coffee Means the twelve-month period that goes from 1 ^Er October to 30 September.

4.

Organization Means the International Coffee Organization; Council Means the International Coffee Council.

5.

Contracting Party Means a government, the European Community or any intergovernmental organization referred to in s. 3) of Art. 4 which has deposited an instrument of ratification, acceptance, approval or notification of provisional application of this Agreement under Art. 40, 41 and 42 or accede to this Agreement by virtue of s. 43.

6.

Member Means a Contracting Party.

7.

Exporter Member Or Exporting country Means a Member or a country that is a net exporter of coffee, that is, a Member or a country whose exports exceed imports.

8.

Importer Member Or Importing country Means a Member or a country that is a net importer of coffee, that is, a Member or a country whose imports exceed exports.

9.

Distributed Majority Means a vote requiring 70 % at least of the votes cast by the exporting Members present voting and at least 70 % of the votes cast by the importing Members present voting, counted separately.

10.

Depositary Means the intergovernmental organization or the Contracting Party to the 2001 International Coffee Agreement designated by Council decision in the context of the 2001 International Coffee Agreement, by consensus before 31 January 2008 At the latest. This Decision shall form an integral part of this Agreement.

(1) Members undertake to take all necessary measures to enable them to fulfil their obligations under this Agreement and to cooperate fully with each other in order to achieve the purpose of this Agreement; Members Undertake, in particular, to provide all the information necessary to facilitate the operation of the Agreement.

(2) Members recognize that certificates of origin are an important source of information on coffee trade. As a result, the exporting Members assume the responsibility of ensuring that certificates of origin are properly delivered and used appropriately, in accordance with the regulations established by the Council.

(3) Members also recognize that information on re-exports is also important for the proper analysis of the world coffee economy. As a result, the importing Members undertake to provide regular and accurate information on re-exports, in the form and manner determined by the Council.

(1) Each Contracting Party shall constitute a single Member of the Organization.

(2) In conditions to be agreed by the Council, a Member may change category.

(3) Any reference to the word Government in this Agreement shall be deemed to be valid for the European Community and any intergovernmental organization having exclusive competence with regard to the negotiation, conclusion and application of this Agreement. Agreement.

Two or more Contracting Parties may, by appropriate notification addressed to the Council and the depositary, take effect on a date specified by the Contracting Parties concerned and on the conditions laid down by the Council, declare that they are Members of the Organization as a Group.

(1) The International Coffee Organization established by the 1962 International Coffee Agreement shall continue to exist to ensure the implementation of this Agreement and to monitor its operation.

(2) The seat of the Organization shall be in London unless the Council decides otherwise.

(3) The International Coffee Council is the supreme authority of the Organization. The Council shall be assisted, as appropriate, by the Finance and Administration Committee, the Market Development and Development Committee and the Project Committee. The Council receives advice from the Private Sector Advisory Committee, the World Coffee Conference and the Coffee Sector Funding Advisory Forum.

(1) The Organization shall have legal personality. In particular, it has the capacity to contract, acquire and dispose of movable and immovable property, as well as to take legal action.

(2) The status, privileges and immunities of the Organization, the Executive Director, members of staff and experts, as well as representatives of the Member States during the period of their duties shall lead them to The territory of the host country shall be governed by a Headquarters Agreement between the Host Government and the Organization.

(3) The Headquarters Agreement referred to in para. (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)

In the event that the headquarters of the Organization is transferred outside the territory of the host Government; or

(c)

In the event that the Organization ceased to exist.

(4) The Organization may enter into agreements with one or more other Members which shall be approved by the Council, relating to such privileges and immunities as may be necessary for the proper functioning of this Agreement.

(5) Governments of Member States other than the Host Government shall accord to the Organization the same facilities for monetary or exchange rate regulations, the maintenance of bank accounts and the transfer of funds, other than those which To the specialized agencies of the United Nations.

(1) The International Coffee Council shall be composed of all Members of the Organization.

(2) Each Member shall appoint a representative to the Council and, if he so wishes, one or more substitutes. In addition, each Member may designate one or more advisers to accompany his or her representative or alternates.

(1) The Council, with all the powers expressly conferred by this Agreement, shall perform the functions necessary for the application of the provisions of this Agreement.

(2) The Council may establish and dissolve committees and subsidiary bodies as required, other than those referred to in subs. 3) of Art. 6.

(3) The Council shall adopt the regulations necessary for the implementation of this Agreement and in accordance with its provisions, including its own rules of procedure and the regulations applicable to the financial management of the Organization and its staff. The Council may provide for a procedure in its rules of procedure which enables it to take decisions on specific matters without meeting.

(4) The Board shall periodically establish a strategic action plan to guide its work and identify priorities, including priorities for project activities under s. 28 and studies, investigations and reports under s. 34. The annual work programmes approved by the Council shall take into account the priorities identified in the action plan.

(5) In addition, the Council shall maintain the documentation necessary for the performance of the functions conferred upon it by this Agreement, and any other documentation which it deems desirable.

(1) The Council shall elect for each coffee year a President and a Vice-Chairperson who shall not be remunerated by the Organization.

(2) The President shall be elected from among the representatives of the exporting Members or among the representatives of the importing Members, and the Vice-Chairperson from among the representatives of the other category. This distribution alternates each year coffee.

(3) Neither the President nor the Vice-President acting as President shall have the right to vote. In such case, his or her alternate shall exercise the right to vote of the Member.

(1) The Council shall meet twice a year in ordinary session and may hold special sessions if it so decides. It may hold special sessions at the request of ten Members. Sessions of the Council shall be announced at least 30 days in advance, except in an emergency in which case they shall be announced at least 10 days in advance.

(2) Sessions shall be held at the headquarters of the Organization, unless the Council decides otherwise. If a Member invites the Council to hold a meeting in its territory and if the Council agrees, the resulting costs for the Organization, in addition to those incurred when the session is held at the headquarters, shall be borne by that 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) Quorum Required for any meeting of the Board to make decisions shall be the presence of more than half of the exporting Members and the importing Members holding at least two-thirds of the total votes for each Category. If, at the beginning of a meeting of the Council or a plenary meeting, the Quorum Shall not be reached, the President shall decide to delay the opening of the sitting or the plenary meeting for at least two hours. If, at the time scheduled for the new meeting, the Quorum Has not yet been reached, the President may postpone the opening of the sitting or the plenary meeting for at least two hours. If, at the end of this new reference, the Quorum Is still not reached, the question calling for decisions is referred back to the next session of the Council.

1) The exporting Members shall have 1000 votes together with the importing Members as well; these votes shall be distributed within each category, that of the exporters and the importers respectively, as indicated in the paragraphs Below of this Article.

(2) Each Member shall have, as a basic figure, five votes.

(3) The remainder of the votes of the exporting Members shall be apportioned among these Members in proportion to the average volume of their respective exports of coffee to all destinations during the preceding four calendar years.

(4) The remaining votes of the importing Members shall be distributed among these Members in proportion to the average volume of their respective imports of coffee during the preceding four calendar years.

(5) The European Community or any intergovernmental organization as defined in s. 3) of Art. 4 has a voice as a single Member; it has, as a base figure, five votes in addition to additional votes in proportion to the average volume of its imports or exports of coffee during the previous four calendar years.

(6) The Council shall allocate the votes at the beginning of each coffee year under this Article and shall remain in force during the year in question, except in the cases provided for in subs. 7) of this Article.

(7) Where a change occurs in the participation in the Organization, or if the voting rights of a Member are suspended or reinstated under s. 21, the Council shall redistribute the votes, which shall comply with the provisions of this Article.

(8) No Member shall have two-thirds or more than two-thirds of the votes in its category.

(9) There shall be no part of a vote.

(1) Each Member shall have all the votes it holds and shall not be allowed to divide them. However, it may have different votes than it is given by proxy, in accordance with the provisions of s. 2) of this Article.

(2) An exporting Member may permit in writing any other exporting Member and any importing Member may permit in writing any other importing Member to represent its interests and to exercise its voting rights at one or more meetings of the Council.

(1) The Council shall endeavour to take all its decisions and make all its recommendations by consensus. When it fails to reach a consensus, the Council shall take its decisions and make its recommendations by a majority of 70 % at least by the votes of the exporting Members present and voting and at least 70 % of the votes of the importing Members Present and voting, counted separately.

(2) The following procedure shall apply to any decision taken by the Council by a majority of the votes:

(a)

If the proposal does not obtain the distributed majority of votes because of the negative vote of one, two or three exporting Members or one, two or three importing Members, it shall be, if the Council so decides by a majority of the Members present, To vote within 48 hours; and

(b)

If the proposal still does not obtain the distributed majority of votes, it is considered to be delayed.

(3) Members undertake to accept as mandatory all decisions taken by the Council under this Agreement.

(1) The Council may make arrangements for consultations and cooperation with the United Nations and its specialized agencies, other appropriate intergovernmental organizations, and international organizations And relevant regional areas. It best uses the mechanisms of the Common Fund for commodities and other sources of financing. These provisions may include the financial measures that the Commission considers appropriate for achieving the purpose of this Agreement. However, with regard to the implementation of any project under these measures, the Organization shall not assume any financial obligation, including guarantees given by Members or other entities. No Member shall assume any responsibility, on the basis of membership of the Organization, by borrowing or lending by any other Member or any other entity in connection with such projects.

(2) Where possible, the Organization may collect information from Member countries, non-member countries and donor agencies and other agencies on development projects and programmes focusing 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 and to Members.

In order to achieve the purpose of this Agreement, the Organization may, without prejudice to the provisions of Art. 15, 29, 30 and 31, to engage and strengthen collaborative activities with appropriate expert non-governmental organizations in the relevant aspects of the coffee sector and with other coffee experts.

(1) The Council shall appoint the Executive Director. It sets out the terms and conditions of employment of the Executive Director; they are comparable to those of counterparts in similar intergovernmental organizations.

(2) The Executive Director shall be the Head of the Administrative Services of the Organization and shall be responsible for the performance of the tasks entrusted to him in the administration of this Agreement.

(3) The Executive Director shall appoint the staff of the Organization in accordance with the regulations adopted by the Council.

(4) The Executive Director and other officials shall have no financial interest or in the coffee industry or in the trade or transport of coffee.

(5) In the performance of their duties, the Executive Director and the staff shall not seek or accept instructions from any Member or from any authority outside the Organization. They shall refrain from any action incompatible with their position as international officials and shall be responsible only to the Organization. Each Member undertakes to respect the exclusively international character of the functions of the Executive Director and staff and not to seek to influence them in the performance of their duties.

A Finance and Administration Committee is established. The Council shall determine its composition and mandate. This Committee is responsible for overseeing the preparation of the administrative budget for the approval of the Board and for carrying out any other functions assigned to it by the Council, including the monitoring of income and expenditure and matters Relating to the administration of the Organization. The Committee on Finance and Administration reports on its work to the Council.

(1) The expenses of delegations to the Council and representatives to any other committee of the Council shall be borne by the State they represent.

(2) The other expenses resulting from the application of this Agreement shall be covered by the annual contributions of the Members, which shall be allocated as referred to in Art. 20, as well as the revenue from the sale of particular services to Members and the sale of information and studies resulting from the application of the provisions of Art. 32 and 34.

(3) The financial year of the Organization shall coincide with the coffee year.

(1) In the second half of each financial year, the Council shall approve the administrative budget of the Organisation for the following financial year and shall assess each Member's contribution to that budget. A draft administrative budget shall be prepared by the Executive Director under the supervision of the Finance and Administration Committee in accordance with the provisions of Art. 18.

(2) For each financial year, each Member's contribution to the administrative budget shall be proportionate to the report, at the time of the vote on the administrative budget, between the number of votes available to him and the number of votes available All Members combined. If, however, at the beginning of the fiscal year for which contributions are fixed, the distribution of votes between Members shall be changed under s. 6) of Art. 12, the Commission adjuss the contributions accordingly for that fiscal year. To determine the contributions, the votes of each Member are counted without taking into account the possible suspension of the voting rights of a Member or the redistribution of votes that might have resulted.

(3) The Council shall determine the initial assessment of any country which becomes 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 allocated to it and the unexpired portion of the current financial year; but the contributions assigned to the other Members for the current financial year remain unchanged.

(1) Contributions to the administrative budget for each financial year shall be payable in freely convertible currency and shall be payable on the first day of the financial year.

(2) A Member who has not paid his full contribution to the administrative budget within six months of his due liability shall, until such time as he fully pays his dues, his right to vote and his right to participate in meetings of the Specialized committees. However, unless a decision is taken by the Council, that Member shall not be deprived of any other rights conferred upon it by this Agreement, nor shall it be relieved of any obligations imposed on it by that Member.

(3) A Member whose voting rights are suspended pursuant to the provisions of s. (2) of this section, however, is required to pay its assessment.

(1) The Organization, operating in the manner indicated in par. 3) of Art. 6, shall not be entitled to enter into any obligation falling outside the scope of this Agreement, and shall not be deemed to have been authorized to do so by Members; in particular, it shall not be entitled to borrow from Money. In the exercise of its capacity to contract, the Organization shall insert in its contracts the terms of this Article so as to bring them to the knowledge of the other interested parties; however, if such conditions are not inserted, the contract shall Shall not be declared null and void and the Organization shall not be deemed to have exceeded its powers.

(2) The financial responsibility of a Member shall be limited to its obligations in respect of the contributions expressly provided for in this Agreement. Third parties dealing with the Organization shall be deemed to have knowledge of the provisions of this Agreement relating to the financial responsibilities of Members.

As soon as possible and no later than six months after the close of each financial year, the Council shall have before it a statement, audited by approved expert, of the assets, liabilities, income and expenses of the Organization during that financial period. This is presented to the Council for approval at its next session.

(1) Members recognize the importance of the sustainable development of the coffee sector, the removal of existing barriers and the prevention of new barriers that could impede trade and consumption while being aware of the The right of Members to regulate and introduce new regulations in order to achieve national health and environmental objectives consistent with their commitments and obligations under international agreements, in particular those Concerning international trade.

(2) Members recognize that some measures currently in force may, in varying proportions, impede the increase in consumption of coffee, in particular:

(a)

Certain import regimes applicable to coffee, including preferential or other tariffs, quotas, operations of government monopolies or official purchasing agencies and other administrative rules or business practices;

(b)

Certain export regimes with respect to direct or indirect subsidies and other administrative or business practices; and

(c)

Certain domestic marketing conditions and internal and regional legislative and administrative provisions that could affect consumption.

(3) In view of the above objectives and the provisions of s. 4) of this Article, Members shall endeavour to continue the reduction of tariffs on coffee or to take further measures to remove obstacles to the increase in consumption.

(4) In consideration of their common interest, Members undertake to seek the means by which the obstacles to the development of trade and consumption referred to in s. (2) of this Article may be progressively reduced and, to the extent possible, eliminated, or the means by which their effects could be substantially reduced.

(5) In view of the commitments entered into under s. (4) of this Article, Members shall each year inform the Council of all measures taken to implement the provisions of this Article.

(6) The Executive Director shall periodically prepare a study of the obstacles 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 Members who report to the Council as soon as possible on the measures they have taken to implement the recommendations in question.

(1) Members recognize the benefits, both for the exporting Members and for the importing Members, of efforts to promote consumption, improve the quality of the product and develop markets for coffee, including those of Exporting members.

2) Market promotion and development activities may include information campaigns, research, capacity building and studies related to coffee production and consumption.

(3) Such activities may be included in the annual programme of work of the Council or among the activities of the Organization in relation to projects referred to in art. 28 and may be funded by voluntary contributions from Members, non-members, other organizations and the private sector.

(4) A Committee for the Promotion and Development of Contracts is established. The Council shall determine its composition and mandate.

Members recognize the need for developing countries to expand their economies, including industrialization and the export of manufactured goods, including the processing of coffee and the export of processed coffee, As referred to in paras. (d) to (g) of s. 1) of Art. 2. In this regard, Members should avoid the adoption of governmental measures to disrupt the coffee sector of other Members.

(1) Members shall not maintain in force any rules requiring that other products be mixed, 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 of 95 % green coffee as a basic raw material.

(2) The Executive Director shall periodically submit to the Council a report on the manner in which the provisions of this Article are complied with.

(1) Members and the Executive Director may submit proposals for projects that contribute to the achievement of the objectives of this Agreement and to one or more priority areas of work identified in the strategic action plan Approved by the Board in accordance with s. 9.

(2) The Council shall determine the procedures and mechanisms for the submission, evaluation, approval, priority-setting and financing of projects, as well as the procedures and mechanisms for the implementation, monitoring and evaluation of projects, and Broad dissemination of their results.

(3) At each session of the Board, the Executive Director shall report on the progress of all projects approved by the Council, including projects awaiting funding, those under implementation or completed since the last Session of the Council.

(4) A Project Committee shall be established. The Council shall determine its composition and mandate.

(1) The Private Sector Advisory Committee (hereinafter referred to as the CPSC) is an advisory body that is empowered to make recommendations when it is consulted by the Council and may invite the Council to consider matters relating to the Agreement.

2) The CPSC is composed of eight private sector representatives from the exporting countries and eight private sector representatives from the importing countries.

(3) The members of the CPSC shall be representatives of associations or bodies designated by the Council, every two years coffee; their terms of office may be renewed. The Council shall ensure, to the extent possible, the following:

(a)

Two associations or organizations in the private coffee sector of regions or exporting countries representing each of the four coffee groups, preferably representing producers and exporters, as well as one or more substitutes For each representative; and

(b)

Eight associations or bodies belonging to the private coffee sector of importing countries, whether Members or non-members, and preferably representing importers and torrefactors, as well as one or more substitutes for each Representative.

(4) Each member of the CPSC shall be entitled to appoint one or more councillors.

(5) The CPSC shall have a President and a Vice-President, elected from among its members, for a period of one year. The holders of these functions are eligible for re-election. The President and the Vice-Chair shall not be paid by the Organization. The President is invited to participate in the meetings of the Council as an observer.

(6) The CPSC shall normally meet at the headquarters of the Organization during the regular sessions of the Council. If the Council accepts the invitation of a Member to hold a meeting on its territory, the CPSC may also hold its meeting in that territory. In such a case, the resulting costs for the Organization, in addition to those incurred when the meeting is held at the headquarters of the Organization, shall be borne by the country or the organization of the private sector responsible for that invitation.

(7) The CPSC may, with the approval of the Council, hold extraordinary meetings.

(8) CPSC shall report regularly to the Council.

(9) The CPSC shall develop its own rules of procedure, while respecting the provisions of this Agreement.

(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 the importing Members, representatives of the private sector and Other interested participants, including participants from non-member countries. The Council shall, with the cooperation of the President of the Conference, ensure that the Conference contributes to the promotion of the subject matter of this Agreement.

(2) The Conference shall have a President who shall not be remunerated by the Organization. The President shall be appointed by the Council for an appropriate period of time and shall be invited to participate in the sessions of the Council as an observer.

(3) The Council shall, together with the Advisory Committee on the Private Sector, decide on the format, name, theme and timetable of the Conference. The Conference shall normally be held at the headquarters of the Organization during the sessions of the Council. If the Council accepts the invitation of a Member to hold a meeting on its territory, the Conference may also be held in that territory. In such a case, the resulting costs for the Organization, in addition to those incurred when the session is held at the headquarters of the Organization, shall be borne by the country hosting the session.

(4) Unless the Council decides otherwise, the Conference shall be self-financed.

(5) The President shall submit the conclusions of the Conference to the Council.

(1) The Council shall convene, at appropriate intervals and in collaboration with other relevant organizations, an Advisory Forum on Financing in the Coffee Sector (hereinafter referred to as the Forum) to facilitate consultations on topics On financing and risk management in the coffee sector, paying particular attention to the needs of small and medium-sized producers and local communities in coffee production areas.

(2) The Forum shall be composed of representatives of Members, intergovernmental organizations, financial institutions, the private sector, non-governmental organizations, interested non-members and other participants with expertise Appropriate. Unless the Council decides otherwise, the Forum is self-financing.

(3) The Council shall draw up the rules of procedure which define the functioning of the Forum, the appointment of its President and the wide dissemination of the results of its work, where appropriate by means of appropriate mechanisms established in accordance with the Provisions of s. 34. The Chairman shall report to the Council on the results of his work.

(1) The Organization serves as a centre for the collection, exchange and publication of:

(a)

Statistical information on production, prices, exports, imports and re-exports, distribution and consumption of coffee in the world, including information on production, consumption, trade and Price of coffee in the various categories of markets and products containing coffee; and

(b)

To the extent it deems appropriate, technical information on the cultivation, processing and use of coffee.

(2) The Council may request Members to provide information on coffee that it deems necessary for its activity, including periodic statistical reports on production, trends in production, exports, Imports and re-exports, distribution, consumption, stocks, prices and taxation, but it does not make public any information that would identify the operations of individuals or firms that produce, process or dispose of Coffee. Members shall, as far as possible, communicate in such a detailed, precise and timely manner as possible the information requested.

(3) The Council shall establish an indicative price system capable of permitting the publication of a composite daily indicative price which is the true reflection of market conditions.

(4) If a Member fails to give or is unable to provide, within a normal period of time, the information, statistics or other information required by the Council for the good working of the Organization, the Council may require the Member in question to explain the reasons for this Failure. The Member in question may also inform the Council of the difficulties encountered and request technical assistance.

(5) If technical assistance is deemed necessary, or if a Member has not provided, for two consecutive years, the statistical information required under subs. 2) of this Article and has not sought the assistance of the Council or explained the reasons for this failure, the Council may take the initiatives liable to induce the Member in question to provide the required information.

(1) In order to facilitate the compilation of statistics on the international coffee trade and to verify the quantities of coffee that have been exported by each exporting Member, the Organization shall establish a system of certificates of origin that obeys the Rules approved by the Council.

(2) All coffee exported by an exporting Member shall be accompanied by a valid certificate of origin. Certificates of origin shall be issued, in accordance with the relevant Council Regulation, by the qualified body which the Member has chosen and which the Organization has approved.

(3) Each exporting Member shall communicate to the Organization the name of the governmental or non-governmental body designated by the Member to perform the functions provided for in s. 2) of this Article. The Organization shall by name approve a non-governmental organization in accordance with the rules approved by the Council.

(4) An exporting Member may, on an exceptional basis and with appropriate justification, request the Council to authorize that the data relating to its coffee exports on the certificates of origin be transmitted to The Organization in a different form.

1) In order to assist Members, the Organization promotes the preparation of studies, surveys, technical reports and other documents on relevant aspects of the coffee sector.

(2) This may include work on the economic conditions of coffee production and distribution, the analysis of the coffee value chain, approaches to financial and other risk management, the impact of the measures taken By governments on the production and consumption of coffee, aspects related to the sustainability of the coffee sector, the links between coffee and health and the opportunities for the development of coffee markets in its traditional uses and Possibly through new uses.

3) Information collected, classified, analyzed and disseminated may also include, where technically feasible:

(a)

Volume and price of coffee based on factors such as differences in geographical areas and quality production conditions; and

(b)

Information on market structures, niche markets and new trends in production and consumption.

4) In order to implement the provisions of s. 1) of this Article, the Council shall adopt an annual programme of work for studies, surveys and reports, together with estimates of the necessary resources. These activities are financed either from the administrative budget or from extrabudgetary sources.

(5) The Organization attaches particular priority to facilitating access to information by small coffee producers to help them improve their financial performance, including credit and risk management.

(1) The Council may consider the possibility of negotiating a new International Coffee Agreement.

(2) In order to implement this provision, the Council shall examine the extent to which the Organization attail the subject matter of this Agreement, as specified in Art. 1.

Members shall take due account of the sustainable management of coffee resources and the processing of coffee, having regard to the principles and objectives relating to sustainable development contained in Agenda 21 and adopted by the Conference of United Nations Environment and Development in Rio de Janeiro in 1992 and those adopted at the World Summit on Sustainable Development in Johannesburg in 2002.

Members shall take into account the improvement in the standard of living and working conditions of the populations active in the coffee sector, depending on the stage of their development, taking into account the accepted principles and the standards applicable to the International level in this respect. In addition, Members agreed that labour standards are not being used for protectionist trade.

Each Member welcomes comments that may be made by another Member on any matter relating to this Agreement and accepts any consultation relating thereto. During such consultations, at the request of one of the parties and with the consent of the other, the Executive Director shall establish an independent commission which shall offer its good offices with a view to achieving conciliation. The expenses of the commission shall not be borne by the Organization. If either party does not accept that the Executive Director establishes a commission or the consultation does not lead to a solution, the matter may be referred to the Board under s. 39. If the consultation results in a solution, a report shall be submitted to the Executive Director, which shall circulate it to all Members.

(1) Any dispute relating to the interpretation or application of this Agreement which is not settled by negotiation shall, at the request of any Member Party to the dispute, be referred to the Council for decision.

(2) The Council shall define a dispute settlement procedure and claims.

(1) Except as otherwise provided, from 1 February 2008 to 31 August 2008, this Agreement shall be open, at the seat of the depositary, to the signature of the Contracting Parties to the 2001 International Agreement on Coffee and to that of Governments Invited to the session of the Council during which this Agreement was adopted.

(2) This Agreement shall be subject to ratification, acceptance or approval by signatory governments in accordance with their legal procedures.

(3) Except as provided in s. 42, instruments of ratification, acceptance or approval shall be deposited with the depositary by 30 September 2008 at the latest. However, the Council may decide to grant extensions of time to signatory governments that are unable to deposit their instruments before that date. Such Council decisions will be transmitted to the depositary.

(4) Upon signature and ratification, acceptance or approval, or notification of provisional application of the Agreement, the European Community shall file with the depositary a declaration in which its exclusive competence is confirmed in the gaze Issues covered by this Agreement. The Member States of the European Community are not entitled to be a Contracting Party to the Agreement.

Any signatory government proposing 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.

(1) This Agreement shall enter into force on a final basis when signatory governments holding at least two-thirds of the votes of the exporting Members, and signatory governments holding at least two-thirds of the votes of the Members Importers, according to the distribution as of September 28, 2007, without reference to a possible suspension under s. 21, have deposited instruments of ratification, acceptance or approval. Failing this, this Agreement shall enter into force on a definitive basis at any time if it is provisionally in force in accordance with the provisions of subs. (2) of this Article and if the conditions concerning the percentage are satisfied by the deposit of instruments of ratification, acceptance or approval.

(2) If this Agreement has not entered into force definitively on 25 September 2008, it shall enter into force provisionally on that day or any day within the following twelve months, provided that the signatory governments holding the number Of a voice specified in par. (1) of this Article 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 definitively on September 25, 2009, it shall cease to be in force provisionally, unless the signatory governments that have deposited instruments of ratification, acceptance or Of approval, or have notified the depositary in accordance with the provisions of Art. 41, decide, by mutual agreement, that it continues to be in force for a specific period of time. These signatory governments may also decide, by mutual agreement, that this Agreement shall enter into force definitively between them.

(4) If this Agreement has not entered into force, provisionally or definitively, on September 25, 2009, in accordance with the provisions of par. 1) or para. (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 mutual agreement, decide that it shall enter into force definitively Between them.

(1) Subject to the contrary provisions of the Agreement, the Government of any State Member of the United Nations or of one of its specialized agencies, or any intergovernmental organization as defined in subs. 3) of Art. 4 may accede to this Agreement in accordance with the procedures fixed by the Council.

(2) Instruments of accession shall be deposited with the depositary. Accession shall take effect upon the deposit of the instrument.

(3) Upon the filing of an instrument of accession, any intergovernmental organization as defined in s. 3) of Art. 4, shall file a declaration confirming its exclusive competence in matters covered by this Agreement. The Member States of the said Organization shall not be entitled to become a Contracting Party to this Agreement.

None of the provisions of this Agreement shall be subject to reservations.

Any Contracting Party may at any time withdraw from this Agreement by notifying in writing its withdrawal to the depositary. Withdrawal shall take effect 90 days after receipt of the notification.

If the Council considers that a Member has committed an infringement of the obligations imposed on it by this Agreement, and if the Council further considers that this failure seriously impedes the operation of the Agreement, it may exclude that Member from the Organization. The Council shall immediately notify the depositary of that decision. Ninety days after the decision of the Council, the Member ceases to belong to the Organization and to be a Party to the Agreement.

(1) In the event of the withdrawal or exclusion of a Member, the Council shall, where appropriate, hold its accounts. The Organization shall retain the amounts already paid by that Member, which, on the other hand, shall settle any amount owed to it by the Member on the effective date of the withdrawal or exclusion of the Organization; however, if it is a Contracting Party which cannot Not accept an amendment which, as such, ceases to be a Party to the Agreement under s. 2) of Art. 49, the Council may liquidate the accounts in the manner that it appears to be fair.

(2) A Member who has ceased to participate in this Agreement shall not be entitled to any part of the proceeds of liquidation or other assets of the Organization; nor shall he be charged any part of the possible deficit of the Organization where the Agreement Terminates.

(1) This Agreement shall remain in force for a period of ten years after its entry into force on a provisional or final basis unless it is extended under subs. (3) of this section or terminated under subsection (1). (4) of this article.

(2) The Council shall review this Agreement five years after its entry into force and shall take the appropriate decisions.

(3) The Council may decide to extend this Agreement beyond its expiry date for one or more successive periods not exceeding eight years in total. Any Member which is not in a position to accept such an extension of this Agreement shall inform the Council and the depositary in writing before the beginning of the extension period and shall cease to be a Party to the Agreement from the beginning of the Extension.

(4) The Council may at any time decide to terminate this Agreement. The termination shall take effect from the date the Council decides.

(5) Notwithstanding the termination of the Agreement, the Council shall continue to exist for as long as necessary to take any necessary action during the period of time required to liquidate the Organization, to clear its accounts and to 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, shall be duly transmitted to the depositary by the Council.

(1) The Council may propose an amendment to the Agreement, of which it shall inform all the Contracting Parties. This amendment shall take effect for all Members of the Organization 100 days after Contracting Parties holding at least two-thirds of the votes of the exporting Members, and of the Contracting Parties holding at least two thirds of the votes Of the importing Members, have notified their acceptance to the depositary. The two-thirds shall be calculated on the basis of the number of Contracting Parties to the Agreement at the time when the proposed amendment is circulated to the Contracting Parties concerned by the acceptance process. The Council shall fix a time limit before the expiry of which the Contracting Parties notify the depositary that they accept the amendment; the Council shall bring the time limit to the knowledge of all the Contracting Parties and the depositary. If, at the end of that period, the conditions relating to the percentage required for the entry into force of the amendment are not met, it shall be considered withdrawn.

(2) Subject to a contrary decision by the Council, if a Contracting Party has not notified its acceptance of an amendment within the time limit set by the Council for that purpose, that Contracting Party shall cease 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 amendment circulated to the Contracting Parties under this Article.

All measures taken by or on behalf of the Organization, or on its behalf, under the 2001 International Coffee Agreement shall apply until the entry into force of this Agreement.

The texts of this Agreement in English, Spanish, French and Portuguese shall be equally authentic. The originals shall be deposited with the depositary.

In witness whereof , the undersigned, duly authorized to that effect by their Government, have signed this Agreement on the dates on which they are signed.

(Suivent signatures)