RESOLUTION No 363 (Approved without meeting on 4 June 1993) FURTHER EXTENSION OF THE INTERNATIONAL COFFEE AGREEMENT

THE INTERNATIONAL COFFEE COUNCIL,

Whereas:

The International Coffee Agreement 1983, as extended by resolutions Nos 347, 352 and 355, is due to expire on 30 September 1993;

It is considered that the International Coffee Agreement should be extended for a further period to maintain the International Coffee Organization as a forum for international cooperation on coffee matters and to allow time for the negotiation of a new Agreement,

RESOLVES:

1. That the International Coffee Agreement 1983, as extended, shall be further extended for a period of one additional year from 1 October 1993 to 30 September 1994.

2. That the International Coffee Agreement 1983, as extended, shall continue in force as from 1 October 1993 in accordance with the provisions of paragraph 1 of this Resolution among those Contracting Parties which have notified their acceptance, in accordance with their laws and regulations, of such further extension to the Secretary-General of the United Nations by 30 September 1993, if on that date such Contracting Parties represent at least 20 exporting members holding a majority of the votes of the exporting members, and at least 10 importing members holding a majority of the votes of the importing members. The votes for this purpose shall be calculated as at 30 June 1993. Such notifications shall be signed by the Head of State or Government, or Minister for Foreign Affairs, or made under full powers signed by one of the foregoing. In the case of an international organization, the notification shall be signed by a representative duly authorized in accordance with the rules of the Organization, or made under full powers signed by such a representative.

3. That a notification by a contracting party containing an undertaking to apply the extended Agreement provisionally, in accordance with its laws and regulations, which is received by the Secretary-General of the United Nations not later than 30 September 1993 shall be regarded as equal in effect to a notification of acceptance of the further extension of the International Coffee Agreement 1983, as extended. Such Contracting Party shall enjoy all the rights and assume all the obligations of a member. However, if formal notification of acceptance of the further one-year extension of the International Coffee Agreement 1983, as extended, is not received by the Secretary-General of the United Nations by 31 March 1994 or such later date as the Council may determine, such Contracting Party shall as of that date cease to participate in the Agreement.

4. That any Contracting Party to the International Coffee Agreement 1983, as extended, which has not made the notifications provided for in paragraphs 2 and 3 of this resolution, may accede to the Agreement by 31 March 1994 or such later date as the Council may determine on condition that on depositing its instrument of accession such Contracting Party undertakes to fulfil all its previous obligations under the Agreement with retroactive effect from 1 October 1993.

5. That if the requirements for the continuation in force for a further period of one year of the International Coffee Agreement 1983, as extended, have not been met in accordance with the provisions of paragraphs 2 and 3 of this resolution, those Governments which have notified acceptance or provisional application of such further extension shall meet to decide:

(a) whether the Agreement should continue in force among themselves, and, if so, to establish the conditions for the continued operation of the Organization; or (b) whether to make arrangements for the liquidation of the Organization in accordance with the provisions of paragraph 4 of Article 68 of the Agreement.

6. To request the Executive Director to convey this resolution to the Secretary-General of the United Nations.