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Original text
(State on 2 May 2008)
By an Agreement dated November 29, 1924, the Governments of Spain, France, Greece, Hungary, Italy, Luxembourg, Portugal and Tunisia had agreed to establish an International Wine Office. 1 .
By a decision of 4 September 1958 of the Member States at the time, this Office took the name of Office International de la Vigne et du Vin. This intergovernmental organisation comprises, as of 3 April 2001, forty-five Member States.
In its resolution COMEX 2/97, held in Buenos Aires, Argentina, on 5 December 1997, the General Assembly of the Office International de la Vigne et du Vin decided to adapt, as appropriate, to the new context International missions of the Office International de la Vigne et du Vin, its human, material and budgetary means, as well as, where appropriate, its procedures and operating rules to meet the challenges and ensure the future of the sector Global wine.
Pursuant to Art. 7 of the said Agreement, the Government of the French Republic, seized of a request from thirty-six States, convened a Conference of the Member States which was held in Paris on 14, 15, 22 June 2000 and 3 April 2001.
Accordingly, the member States of the International Agency for Vines and Wine, hereinafter referred to as the Parties, shall
Agreed to the following provisions:
1 RS 14 155
1. The Parties hereby decide to create the "International Organization of Vines and Wine" (O.I. V) which is substituted for the International Vine and Wine Office established by the Agreement of 29 November 1924 as amended. It shall be subject to the provisions of this Agreement.
2. The O.I. V shall pursue its objectives and shall exercise its powers as defined in Art. 2 as an intergovernmental scientific and technical body of recognised competence in the field of wine, wine, wine-based drinks, table grapes, raisins and other products of the vine.
1. In the field of its competences, the objectives of the O. I. V are as follows:
2. In order to achieve these objectives, O. I. V shall exercise the following powers:
1. The organs of O. I. V are:
2. Each member of the O. I. V is represented by delegates of his choice. The General Assembly, composed of the delegates appointed by the members, is the plenary organ of the O. I. V. It may delegate some of its functions to the Executive Committee, composed of one delegate per member. The Executive Committee may, under its authority, entrust some of its administrative functions to the Office of the O. I. V composed of the President, Vice-Presidents of O. I. V, as well as the Chairmen of the committees and sub-committees. The President, the First Vice-President, the Chairpersons of committees are of different nationalities.
3. Scientific activity of the O. I. V is developed within expert groups, sub-committees and commissions, coordinated by a Scientific and Technical Committee, within the framework of a strategic plan approved by the General Assembly.
4. The Director General is responsible for the internal administration of the O. I. V, recruitment and personnel management. The modalities for the recruitment of staff should ensure, as far as possible, the international character of the Organization.
5. The O.I. V may also include observers. Observers shall be admitted after accepting, in writing, the provisions of this Agreement and the rules of procedure thereunder.
6. The headquarters of the Organization is in Paris (France).
Each member shall freely determine the number of its delegates, but shall have only a number of basic votes equal to two, plus, where appropriate, an additional number of votes calculated on the basis of objective criteria determining the relative place of the Each Member State in the wine sector, under the conditions laid down in Annexes O 1 and n O 2 which form an integral part of this Agreement. The total of these two digits is the number of weighted votes. The updating of the coefficient determining the situation of each Member State in the wine sector shall be carried out periodically in accordance with the provisions of Annex No. O 1.
The General Assembly is the supreme organ of the O. I. V. It discusses and adopts the regulations for the organization and operation of the O. I. V and motions for resolutions of a general, scientific, technical, economic and legal nature, as well as for the creation or deletion of committees and sub-committees. It shall adopt the revenue and expenditure budget within the limits of existing appropriations, control and approve the accounts. It adopts the protocols for cooperation and cooperation in the field of the vine and the products that come from it than the O. I. V can go with international organisations. The General Assembly meets once a year. Extraordinary sessions may be convened at the request of one third of the members of the O. I. V.
2. The actual attendance at sessions of delegates of one third of the members representing at least half of the weighted votes shall be required for the validity of the deliberations. The representation of a member may be entrusted to the delegation of another member, but a delegation may exercise only one representation in addition to its own.
5. The vote on the budget and the financial contributions of the members shall be carried out by a weighted qualified majority, or two thirds plus one, of the weighted votes of the members present or represented. The General Assembly shall appoint a financial auditor, on the joint proposal of the Director-General and the Office of the O. I. V, with favorable opinion of the Executive Committee.
6. The official languages are French, Spanish, English. Their funding is determined in Annex No. O 2 to this Agreement. However, the General Assembly may adapt it as necessary under the conditions laid down in Art. 5, para. 3.a. At the request of one or more members, other languages shall be added in accordance with the same funding arrangements, in particular Italian and German, in order to improve communication between members. Prior to this, the users concerned must have formally accepted their new financial contribution following their request. In addition to a total of five languages, any new application shall be submitted to the General Assembly, which shall take its decision in accordance with the conditions laid down in Art. 5, para. 3.a. French remains the language of reference in the event of a dispute with non-members of the Organization.
7. The constituent organs of the O. I. V works in an open and transparent manner.
1. Any member of the O. I. V shall pay a financial contribution fixed annually by the General Assembly. Its amount shall be determined by application of the provisions set out in Annexes O 1 and n O 2 to this Agreement. The financial contribution of prospective new members shall be determined by the General Assembly on the basis of the provisions set out in Annexes O 1 and n O 2 to this Agreement.
2. Financial resources of the O. I. V shall include the compulsory annual contribution of each member and observer and the results of his or her own activities. Mandatory contributions are made to the O. I. V in the calendar year concerned. Beyond that, they are considered to be paid late.
3. Financial resources of the O. I. V may also include voluntary contributions from its members, donations, allocations, grants or funding of any kind originating from international organizations, national or public, parapublic or Provided that such financing is in accordance with the general principles established by the General Assembly, in accordance with the provisions of Art. 5, para. 3.a, which shall be included in the rules of procedure.
(1) In the event of non-payment of two contributions by a member, his or her voting rights and participation in the Executive Committee and the General Assembly following the finding shall be automatically suspended. The Executive Committee shall determine, on a case-by-case basis, the conditions under which the members concerned may regularise their situation or, failing that, be considered to have denounced the Agreement.
(2) In the event of non-payment of three successive contributions, the Director General shall notify the members or observers concerned accordingly. If it is not regularised within two years from 30 and a December of the third year, the members or observers concerned are automatically excluded.
An international intergovernmental organization may participate in the work of the O. I. V or be a member and contribute to the financing of the Organization under conditions to be determined, on a case-by-case basis, by the General Assembly on the proposal of the Executive Committee.
1. Each member may propose amendments to this Agreement. The proposal shall be made in writing to the Director General. It makes it known to all other members of the Organization. If, within the period of six months from the date of the communication, half plus one of the members is in favour of the proposal, the Director General shall submit it for decision to the first General Assembly at the end of that period. The decision shall be taken by consensus of the members present or represented. Following its adoption by the General Assembly, the amendments shall be subject to the internal procedures for acceptance, approval or ratification provided for in the national legislation of the members. They shall enter into force on the thirtieth day after the deposit of the instrument of acceptance, approval or ratification, bringing their total to two thirds plus one of the members of the Organization.
2. The revision of this Agreement shall be instituted by law if two-thirds plus one of the members approves the application. In this case, a Conference of Members shall be convened by the care of the Government of France within six months. The programme and the revision proposals shall be communicated to the members at least two months before the meeting of the Conference. The Conference itself shall adopt its own procedure. The Director General of O. I. V is acting as Secretary-General.
(3) Before the entry into force of a revised agreement, the General Assembly of the Organization shall, under the conditions laid down in this Agreement and by the rules of procedure referred to in Art. 10, to what extent the States Parties to this Agreement which have not deposited an instrument of acceptance, approval, ratification or accession may participate in the activities of the O. I. V, after its effective date.
The General Assembly adopted the O. I. V which shall specify, as appropriate, the terms and conditions of application of this Agreement. Until this adoption, the Regulation of the Office International de la Vigne et du Vin remains in force. It lays down, in particular, the powers, the rules of operation of the bodies referred to in the preceding articles, the conditions for the participation of observers, and the procedures for examining proposals for reservations which may be made This Agreement and the administrative and financial management provisions of the O. I. V. It also specifies the conditions under which the documents necessary for the members of the General Assembly and the Executive Committee will be communicated to them, in particular with regard to funding, prior to decision-making on the matter.
O.I. V shall have legal personality and shall be granted by each of its members the legal capacity which may be necessary for the exercise of its powers.
Proposals for reservations to this Agreement may be made. They shall be accepted by the General Assembly in accordance with the provisions of Art. 5, para. 3.a.
This Agreement shall be open for signature by all member States of the International Vine and Wine Office until 31 July 2001. It shall be subject to acceptance, approval, ratification or accession.
Any State not referred to in Art. 13 of this Agreement may apply to accede to it. Applications for membership are sent directly to the O. I. V, with a copy to the Government of the French Republic, which shall make their notification to the signatory States or parties to this Agreement. The O.I. V shall inform its members of the requests submitted and of any comments made. They have a period of six months to make their opinions known to O. I. V. At the end of the six-month period, membership shall be acquired if a majority of members did not oppose it. The depositary shall notify the State of the action taken on its request. If accepted, the State concerned will have twelve months to deposit its instrument of accession to the depositary. Any State referred to in Art. 13 which has not signed this Agreement within the prescribed time limit may accede to it at any time.
Instruments of acceptance, approval, ratification or accession shall be deposited with the Government of the French Republic, which shall notify the signatory States or parties to this Agreement. Instruments of acceptance, approval, ratification or accession shall be deposited in the archives of the Government of the French Republic.
(1) This Agreement shall enter into force on the first day of the year following the deposit of the thirty-first instrument of acceptance, approval, ratification or accession.
(2) For each State which accepts, approves or ratifies this Agreement after its effective date, this Agreement shall apply on the thirtieth day after the deposit by that State of its instrument of acceptance, approval, Of ratification or accession.
3. The General Assembly of the International Vine and Wine Office defines, under the conditions laid down by the Agreement of 29 November 1924 as amended and by the Rules of Procedure, the extent to which the States party to the Agreement Have not deposited an instrument of acceptance, approval, ratification or accession may participate in the activities of the O. I. V, after its effective date.
1. The Agreement of November 29, 1924, as amended, ends with a unanimous decision of the first General Meeting following the entry into force of this Agreement, unless all the States party to the above Agreement have unanimously agreed, before The entry into force of this Agreement, the conditions for the termination of the effects of the said Agreement.
2. The "International Organization of Vines and Wine" succeeds in all its rights and obligations to the Office International de la Vigne et du Vin.
Any member of this Agreement may denounce it at any time by giving six months written notice to the Director General of O. I. V and the Government of the French Republic. Any observer may decide to withdraw from the Organization at any time on a six-month written notice to the Director General of O. I. V.
The Government of the French Republic is the depositary of this Agreement, of which the three French, Spanish and English versions are equally authentic.
In witness whereof, The undersigned duly authorized by their Government have signed this Agreement establishing the "International Organization of Vines and Wine" (O.I. V).
Done at Paris, 3 April 2001.
(Suivent signatures)
(subject to ss. 4 and 6 of this Agreement)
Objective criteria determining the relative position of each Member State in the wine sector:
2. Application formula for determining the coefficient of each Member State:
3. Refreshing the coefficient for each Member State carried out:
4. New accessions:
The new members joining the O. I. V in the coming years shall pay a mandatory financial contribution, calculated in full from the application formula set out in this Annex, plus their participation in the specific financing of the Languages, under the conditions set out in Annex 2.
(subject to ss. 4, 5 and 6 of this Agreement)
1. Basic Voice:
Each Member State shall have a number of basic votes equal to two.
2. Additional Voice:
The total number of additional votes shall be equal to one half of the total number of basic votes. Within the limit of the latter, additional votes shall be allocated, where appropriate, in addition to the basic votes to certain Member States, depending on their relative place in the wine sector as a result of the application of the formula Defined in Annex 1.
3. Weighted voice:
The number of votes weighted for each Member State shall be equal to the sum of the basic votes and any additional votes available to it.
4. Distribution of mandatory contributions:
The total amount of compulsory contributions to be appealed to member States shall be calculated from the budget adopted by the General Assembly.
One third of the total amount of the compulsory contributions shall be distributed evenly over the basic votes.
Two thirds of the total amount of the compulsory contributions shall be prorated to the additional votes.
In order to facilitate the transition between the former and this Agreement, the financial contribution corresponding to the two basic votes held by each Member State may not be less than the amount of 'the unit of contribution' called at the time of The entry into force of this Agreement for the first budgetary year. Where appropriate, the amounts of the financial contributions in respect of additional votes shall be adjusted accordingly to reach the total amount of the compulsory contributions resulting from the budget adopted.
5. Language funding:
The funding of languages is provided in full on the basis of the general budget of the O. I. V and without specific contribution from each language group composed of the members and observers.
The arrangements for the implementation of languages shall be the subject of special provisions laid down in the rules of procedure
States Parties |
Ratification Accession (A) |
Entry into force |
||
South Africa |
August 27 |
2004 |
26 September |
2004 |
Algeria |
7 April |
2002 |
1 Er January |
2004 |
Germany |
17 February |
2003 |
1 Er January |
2004 |
Australia |
12 December |
2002 |
1 Er January |
2004 |
Austria |
7 August |
2003 |
1 Er January |
2004 |
Belgium |
1 Er July |
2004 A |
July 31 |
2004 |
Brazil |
5 May |
2006 A |
4 June |
2006 |
Bulgaria |
25 November |
2002 A |
1 Er January |
2004 |
Cyprus |
7 November |
2002 |
1 Er January |
2004 |
Croatia |
January 18 |
2002 A |
1 Er January |
2004 |
Denmark |
July 8 |
2002 |
1 Er January |
2004 |
Spain |
2 August |
2002 |
1 Er January |
2004 |
Finland |
December 23 |
2001 |
1 Er January |
2004 |
France |
29 December |
2003 |
1 Er January |
2004 |
Georgia |
9 December |
2005 A |
9 January |
2006 |
Greece |
April 14 |
2003 |
1 Er January |
2004 |
Hungary |
1 Er January |
2004 |
1 Er January |
2004 |
Ireland |
3 June |
2003 A |
1 Er January |
2004 |
Israel |
February 9 |
2004 |
March 11 |
2004 |
Italy |
15 January |
2003 |
1 Er January |
2004 |
Lebanon |
10 October |
2005 A |
9 November |
2005 |
Luxembourg |
July 22 |
2003 |
1 Er January |
2004 |
Macedonia |
8 May |
2002 A |
1 Er January |
2004 |
Malta |
28 December |
2001 A |
1 Er January |
2004 |
Morocco |
12 June |
2003 |
1 Er January |
2004 |
Mexico |
24 February |
2003 |
1 Er January |
2004 |
Moldova |
21 March |
2002 |
1 Er January |
2004 |
Norway |
29 October |
2001 |
1 Er January |
2004 |
New Zealand |
3 December |
2003 |
1 Er January |
2004 |
Netherlands |
14 January |
2005 |
February 14 |
2005 |
Peru |
2 April |
2003 |
1 Er January |
2004 |
Portugal |
February 16 |
2004 |
18 March |
2004 |
Czech Republic |
February 6 |
2004 |
8 March |
2004 |
Romania |
July 5 |
2002 |
1 Er January |
2004 |
Russia |
August 24 |
2002 A |
1 Er January |
2004 |
Serbia |
30 January |
2002 A |
1 Er January |
2004 |
Slovakia |
17 October |
2001 |
1 Er January |
2004 |
Slovenia |
7 January |
2002 A |
1 Er January |
2004 |
Sweden |
4 July |
2001 |
1 Er January |
2004 |
Switzerland |
5 June |
2003 |
1 Er January |
2004 |
Uruguay |
26 February |
2004 |
28 March |
2004 |
1 RO 2004 4009
2 A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).