COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 255 final 
Brussels, 22.06.1994 
94/0149 (ACC) 
Proposal for a 
COUNCIL DECISION 
of fhfi , <-1Ug the Si^ning and conclusion of the International Coffee Agreement 1994 on behalf of the Community 
(presented by the Commission) 
A 
EXPLANATORY MEMORANDUM 
Signing and conclusion of the International Coffee Agreement 1994 
1. By International Coffee Council Resolution 363 of 4 June 1993 the 
International Coffee Agreement 1983 was extended until. 30 September 
1994, to allow time for the negotiation of a new Agreement. The 
Community approved that extension by Council Decision of 
13 September 1993. 
2. Negotiations for a new Agreement duly began in December 1993 and 
were concluded on 31 March 1994. 
3. The International Coffee Agreement 1994, unlike its four 
predecessors (1983, 1976, 1968 and 1962) is an Administrative 
Agreement, containing no provisions for market regulation. (The 
economic clauses of the 1983 Agreement were suspended sine die in 
July 1989 ) . 
4. The objectives of the new Agreement are to ensure enhanced 
international cooperation in the world coffee economy through the 
collection, analysis and dissemination of statistics; through the 
publication of indicator and other market prices, and through the 
promotion of studies and surveys in the field of coffee. 
5. The Community and the Member States participated in the negotiation 
of the Agreement in line with an agreed common position. The 
Member States acknowledged at the close of the negotiations that 
the objectives and content of the new Agreement were in accordance 
with this common position. 
6. The Agreement is open for signing and for the depositing of 
instruments of ratification, acceptance, approval oi accession with 
the Secretary-General of the United Nations from 18 April until 
26 September 1994. 
7. The Commission considers that the Community and its Member States 
should complete the necessary signing and ratification procedures 
as rapidly as possible, so as to ensure the entry into force of the 
new Agreement on 1 October 1994, as provided for. 
The draft Decision attached at annex, which the Council is requested to 
adopt, was drawn up for this purpose. 
Proposal for a Council Decision of ... 
concerning the signing and conclusion 
>t the International Coffee Agreement 1994 
on behalf of the Community 
The Council of the European Union, Ao-
Having regard to the Treaty,establishing the European Cununuiuty, and 
in particular Article 
paragraph 2, 113 thereof, in liaison with Article 228, 
Having regard to the proposal from the Commission, 
Whereas the International Coffee Agreement 1994 is open for signing as 
well as for ratification, acceptance or approval from 18 April to 26 
September 1994; 
Whereas the International Coffee Agreement 1983 as extended expires on 
30 September 1994 and the new Agreement, in accordance with its Article 
40, provides for its entry into force, provisionally or definitively as 
of 1 October 1994, 
Whereas the objectives pursued by the Agreement fit into the context of 
the common commercial policy; 
Whereas the Member States are called upon to participate, by financial 
contributions, in the actions provided for by the said Agreement; 
Whereas all Member States have expressed their intention to sign, and 
to submit for ratification the Agreement, and whereas the Community 
should therefore sign the Agreement lodged with the Secretary-General 
of the United Nations and notify, by 26 September 1994, its approval 
thereof; 
HAS DECIDED AS FOLLOWS 
Article 1 
The International Coffee Agreement 1994 is hereby approved by the 
European Community. The text of the Agreement is attached to this 
Decision. 
Article 2 
The President of the Council is authorised to designate the person 
empowered to sign the Agreement and to deposit the instrument- of 
approval on behalf of the Community by 26 September 1994. 
Done at Brussels, For the Council 
The President 
yib 
Declarations to be entered in the minutes 
1. The Council and the Commission declare that this Decision is being 
adopted in order to enable the Agreement to enter into force as 
provided for on 1 October 1994. It is being taken with the 
pragmatic aim of adhering as closely as possible to existing 
practices and does not prejudice the basis and nature of future 
measures concerning commodities, including the renewal of this 
Agreement. 
2. The Member States' representatives meeting within the Council 
declare that their Governments are prepared to sign the new 
International Agreement on coffee and to secure its ratification as 
soon as possible, and to deposit, together with the Community, the 
instruments of ratification before 26.9.94. 
Should their ratification procedures not be concluded before that 
date, Member States will take all measures to ensure that the 
Agreement can be applied as regards the Community's competences by 
1 October 1994. 
© AC 
INTERNATIONAL COFFEE ORGANIZATION 
ORGANIZACION INTERNACIONAL DEL CAFE 
ORGANIZACÂO INTERNACIONAL DO CAFÉ 
ORGANISATION INTERNATIONALE DU CAFE 
INTERNATIONAL 
COFFEE 
AGREEMENT 
1994 
15 April 1994 
•Ad 
CONTENTS 
Article. JBage 
Preamble If 
CHAPTER I - OBJECTIVES 
1 Objectives 2 
CHAPTER II - DEFINITIONS 
2 Definitions 3 
CHAPTER III - GENERAL UNDERTAKINGS BY MEMBERS 
3 General undertakings by Members 6 
CHAPTER IV - MEMBERSHIP 
4 Membership of the Organization . . . . 7 
5 Separate membership in respect of designated territories 8 
6 Group membership 8 
CHAPTER V - THE INTERNATIONAL COFFEE ORGANIZATION 
7 Seat and structure of the International Coffee Organization 12 
8 Privileges and immunities 12 
CHAPTER VI - THE INTERNATIONAL COFFEE COUNCIL 
9 Composition of the International Coffee Council 14 
10 Powers and functions of the Council 14 
11 Chairman and Vice-Chairmen of the Council 15 
12 Sessions of the Council 16 
13 Votes .. 17 
14 Voting procedure of the Council 18 
15 Decisions of the Council 18 
16 Cooperation with other organizations 20 
CHAPTER VII - THE EXECUTIVE BOARD 
17 Composition and meetings of the Executive Board 21 
18 Election of the Executive Board 22 
19 Competence of the Executive Board '24 
20 Voting procedure of the Executive Board 25 
At 
Artiste Eag* 
CHAPTER VIII - FINANCE 
21 Finance • 26 
22 Determination of the Administrative Budget and assessment of contributions 26 
23 Payment of contributions 27 
24 Liabilities 28 
25 Audit and publication of accounts 28 
CHAPTER IX - THE EXECUTIVE DIRECTOR AND THE STAFF 
26 The Executive Director and the staff 29 
CHAPTER X - INFORMATION, STUDIES AND SURVEYS 
27 Information 30 
28 Certificates of Origin 31 
29 Studies and surveys 31 
CHAPTER XI - GENERAL PROVISIONS 
30 Preparations for a new Agreement 33 
31 Removal of obstacles to consumption 33 
32 Measures related to processed coffee 34 
33 Mixtures and substitutes 35 
34 Consultation and cooperation with the private sector 36 
35 Environmental aspects 36 
CHAPTER XII - CONSULTATIONS, DISPUTES AND COMPLAINTS 
36 Consultations 37 
37 Disputes and complaints 37 
CHAPTER XIII - FINAL PROVISIONS 
38 Signature 40 
39 Ratification, acceptance or approval 40 
40 Entry into force 40 
41 Accession 42 
42 Reservations 42 
43 Extension to designated territories 42 
44 Voluntary withdrawal 44 
45 Exclusion 44 
46 Settlement of accounts with withdrawing or excluded Members 44 
47 Duration and termination 45 
48 Amendment 46 
49 Supplementary and transitional provisions 47 
50 Authentic texts of the Agreement 47 
AÏ 
INTERNATIONAL COFFEE AGREEMENT 1994 
PREAMBLE 
The Governments Party to this Agreement, 
Recognizing the exceptional importance of coffee to the economies of many 
countries which are largely dependent upon this commodity for their export earnings and 
thus for the continuation of their development programmes in the social and economic 
fields; 
Recognizing the need to foster the development of productive resources and the 
promotion and maintenance of employment and income in the coffee industry in Member 
countries, thereby bringing about fair wages, higher living standards and better working 
conditions; 
Considering that close international cooperation on trade in coffee will foster the 
economic diversification and development of coffee-producing countries, will contribute to 
the improvement of political and economic relations between coffee exporting and 
importing countries, and will provide for increasing consumption of coffee; 
Recognizing the desirability of avoiding disequilibrium between production and 
consumption which can give rise to pronounced fluctuations in prices harmful both to 
producers and to consumers; 
Considering the relationship between the stability of the trade in coffee and the 
stability of markets for manufactured goods; 
Noting the advantages derived from the international cooperation which resulted 
from the operation of the International Coffee Agreements 1962, 1968, 1976 and 1983; 
Have agreed as follows: 
International Coffee Agreement 1994 
CHAPTER I - OBJECTIVES 
ARTICLE 1 
Objectives 
The objectives of this Agreement are: 
(1) to ensure enhanced international cooperation in connection with world coffee 
matters; 
(2) to provide a forum for intergovernmental consultations, and negotiations when 
appropriate, on coffee matters and on ways to achieve a reasonable balance between world 
supply and demand on a basis which will assure adequate supplies of coffee at fair prices 
to consumers and markets for coffee at remunerative prices to producers, and which will 
be conducive to long-term equilibrium between production and consumption; 
(3) to facilitate the expansion of international trade in coffee through the collection, 
analysis and dissemination of statistics and the publication of indicator and other market 
prices and thereby to enhance transparency in the world coffee economy; 
(4) to act as a centre for the collection, exchange and publication of economic and 
technical information on coffee; 
(5) to promote studies and surveys in the field of coffee; and 
(6) to encourage and increase the consumption of coffee. 
International Coffee Agreement 1994 
CHAPTER H - DEFINITIONS 
ARTICLE 2 
Definitions 
For the purposes of this Agreement: 
(1) Coffee means the beans and cherries of the coffee tree, whether parchment, green 
or roasted, and includes ground, decaffeinated, liquid and soluble coffee. These terms 
shall have the following meaning: 
(a) green coffee means all coffee in the naked bean form before roasting; 
(b) dried coffee cherry means thé dried fruit of the coffee tree; to find the 
equivalent of dried coffee cherry to green coffee, multiply the net weight of 
the dried coffee cherry by 0.50; 
(c) parchment coffee means the green coffee bean contained in the parchment 
skin; to find the equivalent of parchment coffee to green coffee, multiply 
the net weight of the parchment coffee by 0.80; 
(d) roasted coffee means green coffee roasted to any degree and includes ground 
coffee; to find the equivalent of roasted coffee to green coffee, multiply the 
net weight of roasted coffee by 1.19; 
(e) decaffeinated coffee means green, roasted or soluble coffee from which 
caffeine has been extracted; to find the equivalent of decaffeinated coffee 
to green coffee, multiply the net weight of the decaffeinated coffee in green, 
roasted or soluble form by 1.00, 1.19 or 2.6 respectively; 
International Coffee Agreement 1994 
(f) liquid coffee means the water-soluble solids derived from roasted coffee and 
put into liquid form; to find the equivalent of liquid coffee to green coffee, 
multiply the net weight of the dried coffee solids contained in the liquid 
coffee by 2.6; and 
(g) soluble coffee means the dried water-soluble solids derived from roasted 
coffee; to find the equivalent of soluble coffee to green coffee, multiply the 
net weight of the soluble coffee by 2.6. 
(2) Bag means 60 kilogrammes or 132.276 pounds of green coffee; tonne means a mass 
of 1,000 kilogrammes or 2,204.6 pounds; and pound means 453.597 grammes. 
(3) Coffee year means the period of one year, from 1 October to 30 September. 
(4) Organization and Council mean, respectively, the International Coffee 
Organization and the International Coffee Council. 
(5) Contracting Party means a Government or intergovernmental organization referred 
to in paragraph (3) of Article 4 which has deposited an instrument of ratification, 
acceptance, approval or provisional application of this Agreement in accordance with the 
provisions of Articles 39 and 40 or has acceded thereto in accordance with the provisions 
of Article 41. 
(6) Member means a Contracting Party; a designated territory or territories in respect 
of which separate membership has been declared under the provisions of Article 5; or two 
or more Contracting Parties or designated territories, or both, which participate in the 
Organization as a Member group under the provisions of Article 6. 
International Coffee Agreement 1994 
(7) Exporting Member or exporting country means a Member or country, respectively, 
which is a net exporter of coffee; that is, a Member or country whose exports exceed its 
imports. 
(8) Importing Member or importing country means a Member or country, respectively, 
which is a net importer of coffee; that is, a Member or country whose imports exceed its 
exports. 
(9) Distributed simple majority vote means a vote requiring more than half of the votes 
cast by exporting Members present and voting and more than half of the votes cast by 
importing Members present and voting, counted separately. 
(10) Distributed two-thirds majority vote means a vote requiring more than two-thirds 
of the votes cast by exporting Members present and voting and more than two-thirds of 
the votes cast by importing Members present and voting, counted separately. 
(11) Entry into force means, except as otherwise provided, the date on which this 
Agreement enters into force, whether provisionally or definitively. 
(12) Exportable production means the total production of coffee of an exporting country 
in a given coffee or crop year, less the amount destined for domestic consumption in the 
same year. 
(13) Availability for export means the exportable production of an exporting country in 
a given coffee year, plus accumulated stocks from previous years. 
International Coffee Agreement 1994 
CHAPTER m - GENERAL UNDERTAKINGS BY MEMBERS 
ARTICLE 3 
General undertakings by Members 
(1) Members undertake to adopt such measures as are necessary to enable them to 
fulfil their obligations under this Agreement and fully cooperate with one another in 
securing the attainment of the objectives of this Agreement; in particular, Members 
undertake to provide all information necessary to facilitate the functioning of this 
Agreement. 
(2) Members recognize that Certificates of Origin are important sources of information 
on the trade in coffee. Exporting Members, therefore, assume responsibility for ensuring 
the proper issuing and use of Certificates of Origin according to the rules 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. Importing Members, therefore, undertake 
to supply regular and accurate information on re-exports, in the form and manner 
determined by the Council. 
International Coffee Agreement 1994 
CHAPTER IV - MEMBERSHIP 
ARTICLE 4 
Membership of the Organization 
(1) Each Contracting Party, together with those territories to which this Agreement 
is extended under the provisions of paragraph (1) of Article 43, shall constitute a single 
Member of the Organization, except as otherwise provided for under the provisions of 
Articles 5 and 6. 
(2) A Member may change its category of membership on such conditions as the 
Council may agree. 
(3) Any reference in this Agreement to a Government shall be construed as including 
a reference to the European Community, or any intergovernmental organization having 
comparable responsibilities in respect of the negotiation, conclusion and application of 
international agreements, in particular commodity agreements. 
(4) Such intergovernmental organization shall not itself have any votes but in the case 
of a vote on matters within its competence it shall be entitled to cast collectively the votes 
of its Member States. In such cases, the Member States of such intergovernmental 
organization shall not be entitled to exercise their individual voting rights. 
(5) Such intergovernmental organization shall not be eligible for election to the 
Executive Board under the provisions of paragraph (1) of Article 17 but may participate 
in the discussions of the Executive Board on matters within its competence. In the case 
of a vote on matters within its competence, and notwithstanding the provisions of 
paragraph (1) of Article 20, the votes which its Member States are entitled to cast in the 
Executive Board may be cast collectively by any one of those Member States. 
International Coffee Agreement 1994 
ARTICU5 5 
Separate membership in respect of 
designated territories 
Any Contracting Party which is a net importer of coffee may, at any time, by 
appropriate notification in accordance with the provisions of paragraph (2) of Article 43, 
declare that it is participating in the Organization separately with respect to any of the 
territories for whose international relations it is responsible, which are net exporters of 
coffee and which it designates. In such case, the metropolitan territory and its 
non-designated territories will have a single membership, and its designated territories, 
either individually or collectively as the notification indicates, will have separate 
membership. 
ARTICLE 6 
Group membership 
(1) Two or more Contracting Parties which are net exporters of coffee may, by 
appropriate notification to the Council and to the Secretary-General of the United Nations 
at the time of deposit of their respective instruments of ratification, acceptance, approval, 
provisional application or accession, declare that they are participating in the 
Organization as a Member group. A territory to which this Agreement has been extended 
under the provisions of paragraph (1) of Article 43 may constitute part of such Member 
group if the Government of the State responsible for its international relations has given 
appropriate notification thereof under the provisions of paragraph (2) of Article 43. Such 
Contracting Parties and designated territories must satisfy the following conditions: 
(a) they shall declare their willingness to accept responsibility for group 
obligations in an individual as well as a group capacity; and 
International Coffee Agreement 1994 
(b) they shall subsequently provide satisfactory evidence to the Council that: 
(i) the group has the organization necessary to implement a common 
coffee policy and that they have the means of complying, together 
with the other parties to the group, with their obligations under this 
Agreement; and 
(ii) they have a common or coordinated commercial and economic policy 
in relation to coffee and a coordinated monetary and financial policy, 
as well as the organs necessary to implement such policies, so that 
the Council is satisfied that the Member group is able to comply 
with the group obligations involved. 
(2) Any Member group recognized under the International Coffee Agreement 1983 
shall continue to be recognized as a group unless it notifies the Council that it no longer 
wishes to be so recognized. 
(3) The Member group shall constitute a single Member of the Organization, except 
that each party to the group shall be treated as if it were a single Member in relation to 
matters arising under the following provisions: 
(a) Articles 11 and 12; and 
(b) Article 46. 
(4) The Contracting Parties and designated territories joining as a Member group shall 
specify the Government or organization which will represent them in the Council on 
matters arising under this Agreement other than those specified in paragraph (3) of this 
Article. 
International Coffee Agreement 1994 
10 
(5) The voting rights of the Member group shall be as follows: 
(a) the Member group shall have the same number of basic votes as a single 
Member country joining the Organization in an individual capacity. These 
basic votes shall be attributed to and cast by the Government or 
organization representing the group; and 
(b) in the event of a vote on any matters arising under the provisions of 
paragraph (3) of this Article, the parties to the Member group may cast 
separately the votes attributed to them under the provisions of 
paragraph (3) of Article 13 as if each were an individual Member of the 
Organization, except for the basic votes, which shall remain attributable 
only to the Government or organization representing the group. 
(6) Any Contracting Party or designated territory which is a party to a Member group 
may, by notification to the Council, withdraw from that group and become a separate 
Member. Such withdrawal shall take effect upon receipt of the notification by the 
Council. If a party to a Member group withdraws from that group or ceases to participate 
in the Organization, the remaining parties to the group may apply to the Council to 
maintain the group; the group shall continue to exist unless the Council disapproves the 
application. If the Member group is dissolved, each former party to the group will become 
a separate Member. A Member which has ceased to be a party to a group may not, as 
long as this Agreement remains in force, again become a party to a group. 
(7) Any Contracting Party which wishes to become party to a Member group after this 
Agreement has entered into force may do so by notification to the Council provided that: 
(a) other Members of the group declare their willingness to accept the Member 
concerned as party to the Member group; and 
International Coffee Agreement 1994 
11 
(b) it notifies the Secretary-General of the United Nations that it is 
participating in the group. 
(8) Two or more exporting Members may, at any time after this Agreement has 
entered into force, apply to the Council to form a Member group. The Council shall 
approve the application if it finds that the Members have made a declaration and have 
provided satisfactory evidence in accordance with the requirements of paragraph (1) of 
this Article. Upon such approval, the Member group shall be subject to the provisions of 
paragraphs (3), (4), (5) and (6) of this Article. 
International Coffee Agreement 1994 
12 
CHAPTER V - THE INTERNATIONAL COFFEE ORGANIZATION 
ARTICLE 7 
Seat and structure of the 
International Coffee Organization 
(1) The International Coffee Organization established under the International Coffee 
Agreement 1962 shall continue in being to administer the provisions and supervise the 
operation of this Agreement. 
(2) The seat of the Organization shall be in London unless the Council by a distributed 
two-thirds majority vote decides otherwise. 
(3) The Organization shall function through the International Coffee Council, the 
Executive Board, the Executive Director and the staff. 
ARTICLE 8 
Privileges and immunities 
(1) The Organization shall have legal personality. It shall in particular have the 
capacity to contract, acquire and dispose of movable and immovable property and to 
institute legal proceedings. 
(2) The status, privileges and immunities of the Organization, of its Executive 
Director, its staff and experts, and of representatives of Members while in the territory 
of the United Kingdom of Great Britain and Northern Ireland for the purpose of 
exercising their functions, shall continue to be governed by the Headquarters Agreement 
International Coffee Agreement 1994 
13 
concluded between the Government of the United Kingdom of Great Britain and Northern 
Ireland (hereinafter referred to as the host Government) and the Organization on 
28 May 1969. 
(3) The Headquarters Agreement referred to in paragraph (2) of this Article shall be 
independent of this Agreement. It shall however terminate: 
(a) by agreement between the host Government and the Organization; 
(b) in the event of the headquarters of the Organization being moved from the 
territory of the host Government; or 
(c) in the event of the Organization ceasing to exist. 
(4) The Organization may conclude with one or more other Members agreements to 
be approved by the Council relating to such privileges and immunities as may be 
necessary for the proper functioning of this Agreement. 
(5) The Governments of Member countries other than the host Government shall grant 
the Organization the same facilities in respect of currency or exchange restrictions, 
maintenance of bank accounts and transfer of monies, as are accorded to the specialized 
agencies of the United Nations. 
International Coffee Agreement 1994 
14 
CHAPTER VI - THE INTERNATIONAL COFFEE COUNCIL 
ARTICLE 9 
Composition of the International Coffee Council 
(1) The highest authority of the Organization shall be the International Coffee 
Council, which shall consist of all the Members of the Organization. 
(2) Each Member shall appoint one representative on the Council and, if it so desires, 
one or more alternates. A Member may also designate one or more advisers to its 
representative or alternates. 
ARTICLE 10 
Powers and functions of the Council 
(1) All powers specifically conferred by this Agreement shall be vested in the Council, 
which shall have the powers and perform the functions necessary to carry out the 
provisions of this Agreement. 
(2) The Council shall set up a Credentials Committee which will be in charge of 
examining the written communications made to the Chairman with respect to the 
provisions of paragraph (2) of Article 9, paragraph (3) of Article 12 and paragraph (2) of 
Article 14. The Credentials Committee shall report its proceedings to the Council. 
(3) The Council may set up any committees or working groups, other than the 
Credentials Committee, as it considers necessary. 
International Coffee Agreement 1994 
15 
(4) The Council shall, by a distributed two-thirds majority vote, establish such rules 
and regulations, including its own rules of procedure and the financial and staff 
regulations of the Organization, as are necessary to carry out the provisions of this 
Agreement and are consistent therewith. The Council may, in its rules of procedure, 
provide the means whereby it may, without meeting, decide specific questions. 
(5) The Council shall also keep such records as are required to perform its functions 
under this Agreement and such other records as it considers desirable. 
ARTICLE 11 
Chairman and Vice-Chairmen of the Council 
(1) The Council shall elect, for each coffee year, a Chairman and a first, a second and 
a third Vice-Chairman, who shall not be paid by the Organization. 
(2) As a general rule, the Chairman and the first Vice-Chairman shall both be elected 
either from among the representatives of exporting Members or from among the 
representatives of importing Members and the second and the third Vice-Chairmen shall 
be elected from among representatives of the other category of Member. These offices 
shall alternate each coffee year between the two categories of Member. 
(3) Neither the Chairman nor any Vice-Chairman acting as Chairman shall have the 
right to vote. His or her alternate will in such case exercise the voting rights of the 
Member. 
International Coffee Agreement 1994 
16 
ARTICLE 12 
Sessions of the Council 
(1) As a general rule, the Council shall hold regular sessions twice a year. It may hold 
special sessions should it so decide. Special sessions shall also be held at the request of 
the Executive Board, of any five Members, or of a Member or Members having at least 
200 votes. Notice of sessions shall be given at least 30 days in advance except in cases 
of emergency when such notice shall be given at least 10 days in advance. 
(2) Sessions shall be held at the seat of the Organization, unless the Council decides 
otherwise by a distributed two-thirds majority vote. If a Member invites the Council to 
meet in its territory, and the Council agrees, the additional costs involved above those 
incurred when the session is held at the seat shall be borne by that Member. 
(3) The Council may invite any non-member country or any of the organizations 
referred to in Article 16 to attend any of its sessions as an observer. In case such 
invitation is accepted, the country or organization concerned shall send a communication 
to that effect in writing to the Chairman. If it so wishes it may in that communication 
request permission to make statements to the Council. 
(4) The quorum required for a Council session shall be the presence of more than half 
of the number of exporting Members representing at least two-thirds of the votes of all 
exporting Members and of more than half of the number of importing Members 
representing at least two-thirds of the votes of all importing Members. If on the opening 
of a Council session or of any plenary meeting there is no quorum, the Chairman shall 
postpone the opening of the session or plenary meeting for at least three hours. If there 
is still no quorum at the new time set, the Chairman may again postpone the opening of 
the session or plenary meeting for at least a further three hours. If at the end of this new 
International Coffee Agreement 1994 
17 
postponement there is still no quorum, the quorum required for opening or resuming the 
session or plenary meeting shall be the presence of more than half of the number of 
exporting Members representing at least half of the votes of all exporting Members and 
of more than half of the number of importing Members representing at least half of the 
votes of all importing Members. Representation in accordance with paragraph (2) of 
Article 14 shall be considered as presence. 
ARTICLE 13 
Votes 
( 1 ) The exporting Members shall together hold 1,000 votes and the importing Members 
shall together hold 1,000 votes, distributed within each category of Member — that is, 
exporting and importing Members, respectively — as provided for in the following 
paragraphs of this Article. 
(2) Each Member shall have five basic votes. 
(3) The remaining votes of exporting Members shall be divided among such Members 
in proportion to the average volume of their respective exports of coffee to all destinations 
in the preceding four calendar years. 
(4) The remaining votes of importing Members shall be divided among such Members 
in proportion to the average volume of their respective imports of coffee in the preceding 
four calendar years. 
(5) The distribution of votes shall be determined by the Council in accordance with the 
provisions of this Article at the beginning of each coffee year and shall remain in effect 
during that year, except as provided for in paragraph (6) of this Article. 
International Coffee Agreement 1994 
18 
(6) The Council shall provide for the redistribution of votes in accordance with the 
provisions of this Article whenever there is a change in the membership of the 
Organization or if the voting rights of a Member are suspended or regained under the 
provisions of Article 23 or 37. 
(7) No Member shall hold more than 400 votes. 
(8) There shall be no fractional votes. 
ARTICLE 14 
Voting procedure of the Council 
(1) Each Member shall be entitled to cast the number of votes it holds and shall not 
be entitled to divide its votes. However, a Member may cast differently any votes which 
it holds under the provisions of paragraph (2) of this Article. 
(2) Any exporting Member may authorize any other exporting Member, and any 
importing Member may authorize any other importing Member, to represent its interests 
and to exercise its right to vote at any meeting or meetings of the Council. The limitation 
provided for in paragraph (7) of Article 13 shall not apply in this case. 
ARTICLE 15 
Decisions of the Council 
( 1) All decisions of the Council shall be taken, and all recommendations shall be made, 
by a distributed simple majority vote unless otherwise provided for in this Agreement. 
* 
9 
International Coffee Agreement 1994 
19 
(2) The following procedure shall apply with respect to any decision by the Council 
which under the provisions of this Agreement requires a distributed two-thirds majority 
vote: 
(a) if a distributed two-thirds majority vote is not obtained because of the 
negative vote of three or less exporting or three or less importing Members, 
the proposal shall, if the Council so decides by a majority of the Members 
present and by a distributed simple majority vote, be put to a vote again 
within 48 hours; 
(b) if a distributed two-thirds majority vote is again not obtained because of 
the negative vote of two or less exporting or two or less importing Members, 
the proposal shall, if the Council so decides by a majority of the Members 
present and by a distributed simple majority vote, be put to a vote again 
within 24 hours; 
(c) if a distributed two-thirds majority vote is not obtained in the third vote 
because of the negative vote of one exporting or one importing Member, the 
proposal shall be considered adopted; and 
(d) if the Council fails to put a proposal to a further vote, it shall be considered 
rejected. 
(3) Members undertake to accept as binding all decisions of the Council under the 
provisions of this Agreement. 
International Coffee Agreement 1994 
20 
ARTICLE 16 
Cooperation with other organizations 
(1) The Council may make arrangements for consultation and cooperation with the 
United Nations and its specialized agencies and with other appropriate intergovernmental 
organizations. It shall take full advantage of the facilities of the Common Fund for 
Commodities. Such arrangements may include financial arrangements which the Council 
considers appropriate for achieving the objectives of this Agreement. However, in respect 
of the implementation of any project under such arrangements the Organization shall not 
incur any financial obligations for guarantees given by individual Members or other 
entities. No Member shall be responsible by reason of its membership of the Organization 
for any liability arising from borrowing or lending by any other Member or entity in 
connection with such projects. 
(2) Where possible, the Organization may also collect from Members, non-members, 
and from donor and other agencies, information on development projects and programmes 
focusing on the coffee sector. Where appropriate, and with the agreement of the parties 
concerned, the Organization may make this information available to such other 
organizations as well as to Members. 
International Coffee Agreement 1994 
21 
CHAPTER VH - THE EXECUTIVE BOARD 
ARTICLE 17 
Composition and meetings of the Executive Board 
(1) The Executive Board shall consist of eight exporting Members and eight importing 
Members elected for each coffee year in accordance with the provisions of Article 18. 
Members represented in the Executive Board may be re-elected. 
(2) Each Member represented in the Executive Board shall appoint one representative 
and, if it so desires, one or more alternates. Each Member represented in the Executive 
Board may also designate one or more advisers to its representative or alternates. 
(3) The Executive Board shall have a Chairman and a Vice-Chairman, who shall be 
elected by the Council for each coffee year and may be re-elected. These officers shall not 
be paid by the Organization. Neither the Chairman nor the Vice-Chairman acting as 
Chairman shall have the right to vote in the meetings of the Executive Board. His or her 
alternate will in such case exercise the voting rights of the Member. As a general rule, 
the Chairman and the Vice-Chairman for each coffee year shall be elected from among the 
representatives of the same category of membership. 
(4) The Executive Board shall normally meet at the seat of the Organization, but may 
meet elsewhere if the Council so decides by a distributed two-thirds majority vote. In case 
of acceptance by the Council of an invitation by a Member to host the meeting of the 
Executive Board, the provisions of paragraph (2) of Article 12 concerning Council sessions 
shall also apply. 
International Coffee Agreement 1994 
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(5) The quorum required for an Executive Board meeting shall be the presence of more 
than half of the number of exporting Members representing at least two-thirds of the 
votes of all exporting Members elected to the Executive Board and of more than half of 
the number of importing Members representing at least two-thirds of the votes of all 
importing Members elected to the Executive Board. If on the opening of an Executive 
Board meeting there is no quorum, the Chairman of the Executive Board shall postpone 
the opening of the meeting for at least three hours. If there is still no quorum at the new 
time set, the Chairman may again postpone the opening of the meeting for at least a 
further three hours. If at the end of this new postponement there is still no quorum, the 
quorum required for opening the meeting shall be the presence of more than half of the 
number of exporting Members representing at least half of the votes of all exporting 
Members elected to the Executive Board and of more than half of the number of importing 
Members representing at least half of the votes of all importing Members elected to the 
Executive Board. 
ARTICLE 18 
Election of the Executive Board 
(1) The exporting and the importing Members of the Executive Board shall be elected 
in the Council by the exporting and the importing Members of the Organization 
respectively. The election within each category shall be held in accordance with the 
provisions of the following paragraphs of this Article. 
(2) Each Member shall cast for a single candidate all the votes to which it is entitled 
under the provisions of Article 13. A Member may cast for another candidate any votes 
which it holds under the provisions of paragraph (2) of Article 14. 
International Coffee Agreement 1994 
23 
(3) The eight candidates receiving the largest number of votes shall be elected; 
however, no candidate shall be elected on the first ballot unless it receives at least 
75 votes. 
(4) If, under the provisions of paragraph (3) of this Article, less than eight candidates 
are elected on the first ballot, further ballots shall be held in which only Members which 
did not vote for any of the candidates elected shall have the right to vote. In each further 
ballot the minimum number of votes required for election shall be successively diminished 
by five until eight candidates are elected. 
(5) Any Member which did not vote for any of the Members elected shall assign its 
votes to one of them, subject to the provisions of paragraphs (6) and (7) of this Article. 
(6) A Member shall be deemed to have received the number of votes cast for it when 
it was elected and, in addition, the number of votes assigned to it, provided that the total 
number of votes shall not exceed 499 for any Member elected. 
(7) If the votes deemed received by an elected Member exceed 499, Members which 
voted for, or assigned their votes to, such elected Member shall arrange among themselves 
for one or more of them to withdraw their votes from that Member and assign or re-assign 
them to another elected Member so that the votes received by each elected Member shall 
not exceed the limit of 499. 
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ARTICLE 19 
Competence of the Executive Board 
(1) The Executive Board shall be responsible to and work under the general direction 
of the Council. 
(2) The Council may, by a distributed two-thirds majority vote, delegate to the 
Executive Board the exercise of any or all of its powers other than the following: 
(a) approval of the Administrative Budget and assessment of contributions 
under the provisions of Article 22; 
(b) suspension of the voting rights of a Member under the provisions of 
Article 37; 
(c) decisions on disputes under the provisions of Article 37; 
(d) establishment of conditions for accession under the provisions of Article 41; 
(e) a decision to exclude a Member under the provisions of Article 45; 
(f) a decision concerning the renegotiation, extension or termination of this 
Agreement under the provisions of Article 47; and 
(g) recommendation of amendments to Members under the provisions of 
Article 48. 
(3) The Council may, by a distributed simple majority vote, at any time revoke any 
powers which have been delegated to the Executive Board. 
(4) The Executive Board shall set up a Finance Committee which, in accordance with 
the provisions of Article 22, will be in charge of supervising the preparation of the 
Administrative Budget to be presented to the Council for approval, and carrying out any 
International Coffee Agreement 1994 
25 
other tasks which the Executive Board assigns, to it, which shall include the monitoring 
of income and expenditure. The Finance Committee shall report its proceedings to the 
Executive Board. 
(5) The Executive Board may set up any committees or working groups, other than the 
Finance Committee, as it considers necessary. 
ARTICLE 20 
Voting procedure of the Executive Board 
(1) Each Member of the Executive Board shall be entitled to cast the number of votes 
received by it under the provisions of paragraphs (6) and (7) of Article 18. Voting by 
proxy shall not be allowed. A Member of the Executive Board shall not be entitled to 
divide its votes. 
(2) Any decision taken by the Executive Board shall require the same majority as such 
decision would require if taken by the Council. 
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CHAPTER Vin - FINANCE 
ARTICLE 21 
Finance 
(1) The expenses of delegations to the Council, representatives on the Executive Board 
and representatives on any of the committees of the Council or the Executive Board shall 
be met by their respective Governments. 
(2) The other expenses necessary for the administration of this Agreement shall be 
met by annual contributions from the Members assessed in accordance with the provisions 
of Article 22, together with revenues from sales of specific services to Members and the 
sale of information and studies generated under the provisions of Articles 27 and 29. 
(3) The financial year of the Organization shall be the same as the coffee year. 
ARTICLE 22 
Determination of the Administrative Budget and 
assessment of contributions 
(1) During the second half of each financial year, the Council shall approve the 
Administrative Budget of the Organization for the following financial year and shall 
assess the contributions of each Member to that Budget. The Administrative Budget shall 
be prepared by the Executive Director and supervised by the Finance Committee in 
accordance with the provisions of paragraph (4) of Article 19. 
(2) The contribution of each Member to the Administrative Budget for each financial 
year shall be in the proportion which the number of its votes at the time the 
Administrative Budget for that financial year is approved bears to the total votes of all 
International Coffee Agreement 1994 
27 
the Members. However, if there is any change in the distribution of votes among 
Members in accordance with the provisions of paragraph (5) of Article 13 at the beginning 
of the financial year for which contributions are assessed, such contributions shall be 
correspondingly adjusted for that year. In determining contributions, the votes of each 
Member shall be calculated without regard to the suspension of the voting rights of any 
Member or any redistribution of votes resulting therefrom. 
(3) The initial contribution of any Member joining the Organization after the entry 
into force of this Agreement shall be assessed by the Council on the basis of the number 
of votes to be held by it and the period remaining in the current financial year, but the 
assessments made upon other Members for the current financial year shall not be altered. 
ARTICLE 23 
Payment of contributions 
( 1 ) Contributions to the Administrative Budget for each financial year shall be payable 
in freely convertible currency and shall become due on the first day of that financial year. 
(2) If any Member fails to pay its full contribution to the Administrative Budget 
within six months of the date on which the contribution is due, both its voting rights in 
the Council and its right to have its votes cast in the Executive Board shall be suspended 
until such contribution has been paid. However, unless the Council by a distributed 
two-thirds majority vote so decides, such Member shall not be deprived of any of its other 
rights nor relieved of any of its obligations under this Agreement. 
(3) Any Member whose voting rights have been suspended either under the provisions 
of paragraph (2) of this Article or under the provisions of Article 37 shall nevertheless 
remain responsible for the payment of its contribution. 
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ARTICLE 24 
Liabilities 
(1) The Organization, functioning as specified in paragraph (3) of Article 7, shall not 
have power to incur any obligation outside the scope of this Agreement, and shall not be 
taken to have been authorized by the Members to do so; in particular, it shall not have 
the capacity to borrow money. In exercising its capacity to contract, the Organization 
shall incorporate in its contracts the terms of this Article in such a way as to bring them 
to the notice of the other parties entering into contracts with the Organization, but any 
failure to incorporate such terms shall not invalidate such a contract or render it 
ultra vires. 
(2) A Member's liability is limited to the extent of its obligations regarding 
contributions specifically provided for in this Agreement. Third parties dealing with the 
Organization shall be deemed to have notice of the provisions of this Agreement regarding 
the liabilities of Members. 
ARTICLE 25 
Audit and publication of accounts 
As soon as possible and not later than six months after the close of each financial 
year, an independently audited statement of the Organization's receipts and expenditures 
during that financial year shall be presented to the Council for approval and publication. 
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CHAPTER IX - THE EXECUTIVE DIRECTOR AND THE STAFF 
ARTICLE 26 
The Executive Director and the staff 
(1) The Council shall appoint the Executive Director on the recommendation of the 
Executive Board. The terms of appointment of the Executive Director shall be established 
by the Council and shall be comparable to those applying to corresponding officials of 
similar intergovernmental organizations. 
(2) The Executive Director shall be the chief administrative officer of the Organization 
and shall be responsible for the performance of any duties devolving upon him in the 
administration of this Agreement. 
(3) The Executive Director shall appoint the staff in accordance with regulations 
established by the Council. 
(4) Neither the Executive Director nor any member of the staff shall have any 
financial interest in the coffee industry, the coffee trade or the transportation of coffee, 
(5) In the performance of their duties, the Executive Director and the staff shall not 
seek or receive instructions from any Member or from any other authority external to the 
Organization. They shall refrain from any action which might reflect on their position as 
international officials responsible only to the Organization. Each Member undertakes to 
respect the exclusively international character of the responsibilities of the Executive 
Director and the staff and not to seek to influence them in the discharge of their 
responsibilities. 
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CHAPTER X - INFORMATION, STUDIES AND SURVEYS 
ARTICLE 27 
Information 
(1) The Organization shall act as a centre for the collection, exchange and 
publication of: 
(a) statistical information on world production, prices, exports and imports, 
distribution and consumption of coffee; and 
(b) in so far as is considered appropriate, technical information on the 
cultivation, processing and utilization of coffee. 
(2) The Council may require Members to furnish such information as it considers 
necessary for its operations, including regular statistical reports on coffee production, 
production trends, exports and imports, distribution, consumption, stocks, prices and 
taxation, but no information shall be published which might serve to identify the 
operations of persons or companies producing, processing or marketing coffee. Members 
shall furnish information requested in as detailed and accurate a manner as is 
practicable. 
(3) The Council shall establish a system of indicator prices which shall provide for the 
publication of a daily composite indicator price. 
(4) If a Member fails to supply or finds difficulty in supplying within a reasonable time 
statistical and other information required by the Council for the proper functioning of the 
Organization, the Council may require the Member concerned to explain the reasons for 
non-compliance. If it is found that technical assistance is needed in the matter, the 
Council may take any necessary measures. 
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ARTICLE 28 
Certificates of Origin 
( 1 ) In order to facilitate the collection of statistics on the international coffee trade and 
to ascertain the quantities of coffee which have been exported by each exporting Member, 
the Organization shall establish a system of Certificates of Origin, governed by rules 
approved by the Council. 
(2) Every export of coffee by an exporting Member shall be covered by a valid 
Certificate of Origin. Certificates of Origin shall be issued, in accordance with the rules 
established by the Council, by a qualified agency chosen by the Member and approved by 
the Organization. 
(3) Each exporting Member shall notify the Organization of the government or non­
governmental agency which is to perform the functions specified in paragraph (2) of this 
Article. The Organization shall specifically approve a non-governmental agency in 
accordance with the rules approved by the Council. 
ARTICLE 29 
Studies and surveys 
(1) The Organization shall promote the preparation of studies and surveys concerning 
the economics of coffee production and distribution, the impact of governmental measures 
in producing and consuming countries on the production and consumption of coffee, and 
the opportunities for expansion of coffee consumption for traditional and possible new 
uses. 
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32 
(2) In order to carry out the provisions of paragraph (1) of this Article, the Council 
shall adopt, at its second regular session of each coffee year, a draft annual work 
programme of studies and surveys, with estimated resource requirements, prepared by 
the Executive Director. 
(3) The Council may approve the undertaking by the Organization of studies and 
surveys to be conducted jointly or in cooperation with other organizations and institutions. 
In such cases, the Executive Director shall present to the Council a detailed account of 
the resource requirements from the Organization and from the partner or partners 
involved with the project. 
(4) The studies and surveys to be promoted by the Organization pursuant to the 
provisions of this Article shall be financed by resources included in the Administrative 
Budget, prepared in accordance with the provisions of paragraph (1) of Article 22, and 
shall be undertaken by members of the staff of the Organization and consultants as 
required. 
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CHAPTER XI - GENERAL PROVISIONS 
ARTICLE 30 
Preparations for a new Agreement 
The Council may examine the possibility of negotiating a new International Coffee 
Agreement, including an Agreement which could contain measures designed to balance 
the supply and demand for coffee, and take such actions as it deems appropriate. 
ARTICLE 31 
Removal of obstacles to consumption 
(1) Members recognize the utmost importance of achieving the greatest possible 
increase of coffee consumption as rapidly as possible, in particular through the progressive 
removal of any obstacles which may hinder such increase. 
(2) Members recognize that there are at present in effect measures which may to a 
greater or lesser extent hinder the increase in consumption of coffee, in particular: 
(a) import arrangements applicable to coffee, including preferential and other 
tariffs, quotas, operations of government monopolies and official purchasing 
agencies, and other administrative rules and commercial practices; 
(b) export arrangements as regards direct or indirect subsidies and other 
administrative rules and commercial practices; and 
(c) internal trade conditions and domestic legal and administrative provisions 
which may affect consumption. 
International Coffee Agreement 1994 
34 
(3) Having regard to the objectives stated above and to the provisions of paragraph (4) 
of this Article, Members shall endeavour to pursue tariff reductions on coffee or to take 
other action to remove obstacles to increased consumption. 
(4) Taking into account their mutual interest, Members undertake to seek ways and 
means by which the obstacles to increased trade and consumption referred to in 
paragraph (2) of this Article may be progressively reduced and eventually, wherever 
possible, eliminated, or by which the effects of such obstacles may be substantially 
diminished. 
(5) Taking into account any commitments undertaken under the provisions of 
paragraph (4) of this Article, Members shall inform the Council annually of all measures 
adopted with a view to implementing the provisions of this Article. 
(6) The Executive Director shall prepare periodically a survey of the obstacles to 
consumption to be reviewed by the Council. 
(7) The Council may, in order to further the purposes of this Article, make 
recommendations to Members which shall report as soon as possible to the Council on the 
measures adopted with a view to implementing such recommendations. 
ARTICLE 32 
Measures related to processed coffee 
(1) Members recognize the need of developing countries to broaden the base of their 
economies through, inter alia, industrialization and the export of manufactured products, 
including the processing of coffee and the export of processed coffee. 
International Coffee Agreement 1994 
35 
(2) In this connection, Members shall avoid the adoption of governmental measures 
which could cause disruption to the coffee sector of other Members. 
(3) Should a Member consider that the provisions of paragraph (2) of this Article are 
not being complied with, it should consult with the other Members concerned, having due 
regard to the provisions of Article 36. The Members concerned shall make every effort 
to reach amicable settlement on a bilateral basis. If these consultations do not lead to a 
mutually satisfactory solution, either party may bring the matter before the Council for 
consideration under the provisions of Article 37. 
(4) Nothing in this Agreement shall prejudice the right of any Member to take 
measures to prevent or remedy disruption to its coffee sector by imports of processed 
coffee. 
ARTICLE 33 
Mixtures and substitutes 
(1) Members shall not maintain any regulations requiring the mixing, processing or 
using of other products with coffee for commercial resale as coffee. Members shall 
endeavour to prohibit the sale and advertisement of products under the name of coffee if 
such products contain less than the equivalent of 90 percent green coffee as the basic raw 
material. 
(2) The Council may request any Member to take the steps necessary to ensure 
observance of the provisions of this Article. 
(3) The Executive Director shall submit to the Council a periodic report on compliance 
with the provisions of this Article. 
International Coffee Agreement 1994 
36 
ARTICLE 34 
Consultation and cooperation with the private sector 
(1) The Organization shall maintain close Unks with appropriate non-governmental 
organizations concerned with international commerce in coffee, and with experts in coffee 
matters. 
(2) Members shall conduct their activities within the framework of this Agreement in 
a manner consonant with established trade channels and shall refrain from 
discriminatory sales practices. In carrying out these activities they shall endeavour to 
take due account of the legitimate interests of the coffee trade and industry. 
ARTICLE 35 
Environmental aspects 
Members shall give due consideration to the sustainable management of coffee 
resources and processing, bearing in mind the principles and objectives on sustainable 
development agreed at the Eighth Session of the United Nations Conference on Trade and 
Development and the United Nations Conference on Environment and Development. \ 
International Coffee Agreement 1994 \ 
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CHAPTER XH - CONSULTATIONS, DISPUTES AND COMPLAINTS 
ARTICLE 36 
Consultations 
Each Member shall accord sympathetic consideration to, and shall afford adequate 
opportunity for, consultation regarding such representations as may be made by another 
Member with respect to any matter relating to this Agreement. In the course of such 
consultation, on request by either party and with the consent of the other, the Executive 
Director shall establish an independent panel which shall use its good offices with a view 
to conciliating the parties. The costs of the panel shall not be chargeable to the 
Organization. If a party does not agree to the establishment of a panel by the Executive 
Director, or if the consultation does not lead to a solution, the matter may be referred to 
the Council in accordance with the provisions of Article 37. If the consultation does lead 
to a solution, it shall be reported to the Executive Director who shall distribute the report 
to all Members. 
ARTICLE 37 
Disputes and complaints 
(1) Any dispute concerning 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) In any case where a dispute has been referred to the Council under the provisions 
of paragraph (1) of this Article, a majority of Members, or Members holding not less than 
International Coffee Agreement 1994 
38 
one third of the total votes, may require the Council, after discussion, to seek the opinion 
of the advisory panel referred to in paragraph (3) of this Article on the issues in dispute 
before giving its decision. 
(3) (a) Unless the Council unanimously agrees otherwise, the advisory panel shall 
consist of: 
(i) two persons, one having wide experience in matters of the kind in 
dispute and the other having legal standing and experience, 
nominated by the exporting Members; 
(ii) two such persons nominated by the importing Members; and 
(iii) a chairman selected unanimously by the four persons nominated 
under the provisions of sub-paragraphs (i) and (ii) or, if they fail to 
agree, by the Chairman of the Council. 
(b) Persons from countries whose Governments are Contracting Parties to this 
Agreement shall be eligible to serve on the advisory panel. 
(c) Persons appointed to the advisory panel shall act in their personal 
capacities and without instructions from any Government. 
(d) The expenses of the advisory panel shall be paid by the Organization. 
(4) The opinion of the advisory panel and the reasons therefor shall be submitted to 
the Council which, after considering all the relevant information, shall decide the dispute. 
(5) The Council shall rule on any dispute brought before it within six months of 
submission of such dispute for its consideration. 
(6) Any complaint that any Member has failed to fulfil its obligations under this 
Agreement shall, at the request of the Member making the complaint, be referred to the 
Council which shall make a decision on the matter. 
International Coffee Agreement 1994 
39 
(7) No Member shall be found to have been in breach of its obligations under this 
Agreement except by a distributed simple majority vote. Any finding that a Member is 
in breach of its obligations under this Agreement shall specify the nature of the breach. 
(8) If the Council finds that a Member is in breach of its obligations under this 
Agreement, it may, without prejudice to other enforcement measures provided for in other 
Articles of this Agreement, by a distributed two-thirds majority vote, suspend such 
Member's voting rights in the Council and its right to have its votes cast in the Executive 
Board until it fulfils its obligations, or the Council may decide to exclude such Member 
from the Organization under the provisions of Article 45. 
(9) A Member may seek the prior opinion of the Executive Board in a matter of 
dispute or complaint before the matter is discussed by the Council. 
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CHAPTER Xm - FINAL PROVISIONS 
ARTICLE 38 
Signature 
This Agreement shall be open for signature at the United Nations headquarters 
from 18 April 1994 until and including 26 September 1994 by Contracting Parties to the 
International Coffee Agreement 1983 or the International Coffee Agreement 1983, as 
extended, and Governments invited to the sessions of the International Coffee Council at 
which this Agreement was negotiated. 
ARTICLE 39 
Ratification, acceptance or approval 
(1) This Agreement shall be subject to ratification, acceptance or approval by the 
signatory Governments in accordance with their respective constitutional procedures. 
(2) Except as provided for in Article 40, instruments of ratification, acceptance or 
approval shall be deposited with the Secretary-General of the United Nations not later 
than 26 September 1994. However, the Council may grant extensions of time to signatory 
Governments which are unable to deposit their instruments by that date. 
ARTICLE 40 
Entry into force 
(1) This Agreement shall enter into force definitively on 1 October 1994 if by that date 
Governments representing at least 20 exporting Members holding at least 80 percent of 
the votes of the exporting Members and at least 10 importing Members holding at least 
80 percent of the votes of the importing Members, calculated as at 26 September 1994, 
International Coffee Agreement 1994 
41 
have deposited instruments of ratification, acceptance or approval. Alternatively, it shall 
enter into force definitively at any time after 1 October 1994 if it is provisionally in force 
in accordance with the provisions of paragraph (2) of this Article and these percentage 
requirements are satisfied by the deposit of instruments of ratification, acceptance or 
approval. 
(2) This Agreement may enter into force provisionally on 1 October 1994. For this 
purpose, a notification by a signatory Government or by any other Contracting Party to 
the International Coffee Agreement 1983, as extended, containing an undertaking to apply 
this Agreement provisionally, in accordance with its laws and regulations, and to seek 
ratification, acceptance or approval in accordance with its constitutional procedures as 
rapidly as possible, which is received by the Secretary-General of the United Nations not 
later than 26 September 1994, shall be regarded as equal in effect to an instrument of 
ratification, acceptance or approval. A Government which undertakes to apply this 
Agreement provisionally, in accordance with its laws and regulations, pending the deposit 
of an instrument of ratification, acceptance or approval shall be regarded as a provisional 
Party thereto until it deposits its instrument of ratification, acceptance or approval, or 
until and including 31 December 1994 whichever is the earlier. The Council may grant 
an extension of the time within which any Government which is applying this Agreement 
provisionally may deposit its instrument of ratification, acceptance or approval. 
(3) If this Agreement has not entered into force definitively or provisionally on 
1 October 1994 under the provisions of paragraph (1) or (2) of this Article, those 
Governments which have deposited instruments of ratification, acceptance, approval or 
accession or made notifications containing an undertaking to apply this Agreement 
provisionally, in accordance with their laws and regulations, and to seek ratification, 
acceptance or approval may, by mutual consent, decide that it shall enter into force 
International Coffee Agreement 1994 
42 
among themselves. Similarly, if this Agreement has entered into force provisionally but 
has not entered into force definitively on 31 December 1994, those Governments which 
have deposited instruments of ratification, acceptance, approval or accession or made the 
notifications referred to in paragraph (2) of this Article, may, by mutual consent, decide 
that it shall continue in force provisionally or enter into force definitively among 
themselves. 
ARTICLE 41 
Accession 
(1) The Government of any State member of the United Nations or of any of its 
specialized agencies may accede to this Agreement upon conditions which shall be 
established by the Council. 
(2) Instruments of accession shall be deposited with the Secretary-General of the 
United Nations. The accession shall take effect upon deposit of the instrument. 
ARTICLE 42 
Reservations 
Reservations may not be made with respect to any of the provisions of this 
Agreement. 
ARTICLE 43 
Extension to designated territories 
(1) Any Government may, at the time of signature or deposit of an instrument of 
ratification, acceptance, approval, provisional application or accession, or at any time 
International Coffee Agreement 1994 
43 
thereafter, by notification to the Secretary-General of the United Nations, declare that 
this Agreement shall extend to any of the territories for whose international relations it 
is responsible; this Agreement shall extend to the territories named therein from the date 
of such notification. 
(2) Any Contracting Party which desires to exercise its rights under the provisions of 
Article 5 in respect of any of the territories for whose international relations it is 
responsible or which desires to authorize any such territory to become part of a Member 
group formed under the provisions of Article 6, may do so by making a notification to that 
effect to the Secretary-General of the United Nations, either at the time of the deposit of 
its instrument of ratification, acceptance, approval, provisional application or accession, 
or at any later time. 
(3) Any Contracting Party which has made a declaration under the provisions of 
paragraph (1) of this Article may at any time thereafter, by notification to the Secretary-
General of the United Nations, declare that this Agreement shall cease to extend to the 
territory named in the notification. This Agreement shall cease to extend to such 
territory from the date of such notification. 
(4) When a territory to which this Agreement has been extended under the provisions 
of paragraph (1) of this Article subsequently attains its independence, the Government 
of the new State may, within 90 days after the attainment of independence, declare by 
notification to the Secretary-General of the United Nations that it has assumed the rights 
and obligations of a Contracting Party to this Agreement. It shall, as from the date of 
such notification, become a Contracting Party to this Agreement. The Council may grant 
an extension of the time within which such notification may be made. 
International Coffee Agreement 1994 
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ARTICLE 44 
Voluntary withdrawal 
Any Contracting Party may withdraw from this Agreement at any time by giving 
a written notice of withdrawal to the Secretary-General of the United Nations. 
Withdrawal shall become effective 90 days after the notice is received. 
ARTICLE 45 
Exclusion 
If the Council decides that any Member is in breach of its obligations under this 
Agreement and decides further that such breach significantly impairs the operation of this 
Agreement, it may, by a distributed two-thirds majority vote, exclude such Member from 
the Organization. The Council shall immediately notify the Secretary-General of the 
United Nations of any such decision. Ninety days after the date of the Council's decision, 
such Member shall cease to be a Member of the Organization and, if such Member is a 
Contracting Party, a Party to this Agreement. 
ARTICLE 46 
Settlement of accounts with withdrawing or excluded Members 
(1) The Council shall determine any settlement of accounts with a withdrawing or 
excluded Member. The Organization shall retain any amounts already paid by a 
withdrawing or excluded Member and such Member shall remain bound to pay any 
amounts due from it to the Organization at the time the withdrawal or the exclusion 
becomes effective; provided, however, that in the case of a Contracting Party which is 
International Coffee Agreement 1994 
45 
unable to accept an amendment and consequently ceases to participate in this Agreement 
under the provisions of paragraph (2) of Article 48, the Council may determine any 
settlement of accounts which it finds equitable. 
(2) A Member which has ceased to participate in this Agreement shall not be entitled 
to any share of the proceeds of liquidation or the other assets of the Organization; nor 
shall it be liable for payment of any part of the deficit, if any, of the Organization upon 
termination of this Agreement. 
ARTICLE 47 
Duration and termination 
(1) This Agreement shall remain in force for a period of five years until 30 September 
1999 unless extended under the provisions of paragraph (2) of this Article or terminated 
under the provisions of paragraph (3) of this Article. 
(2) The Council may, by a vote of 58 percent of the Members having not less than a 
distributed majority of 70 percent of the total votes, decide either that this Agreement be 
renegotiated or that it be extended, with or without modification, for such period as the 
Council shall determine. Any Contracting Party which by the date on which such 
renegotiated or extended Agreement enters into force has not made a notification of 
acceptance of such renegotiated or extended Agreement to the Secretary-General of the 
United Nations, or any territory which is either a Member or a party to a Member group 
on behalf of which such notification has not been made by that date, shall as of that date 
cease to participate in such Agreement. 
(3) The Council may at any time, by a vote of a majority of the Members having not 
less than a distributed two-thirds majority of the total votes, decide to terminate this 
Agreement. Termination shall take effect on such date as the Council shall decide. 
International Coffee Agreement 1994 
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46 
(4) Notwithstanding the termination of this Agreement, the Council shall remain in 
being for as long as necessary to carry out the liquidation of the Organization, settlement 
of its accounts and disposal of its assets and shall have during that period such powers 
and functions as may be necessary for those purposes. 
ARTICLE 48 
Amendment 
(1) The Council may, by a distributed two-thirds majority vote, recommend an 
amendment of this Agreement to the Contracting Parties. The amendment shall become 
effective 100 days after the Secretary-General of the United Nations has received 
notifications of acceptance from Contracting Parties representing at least 75 percent of 
the exporting countries holding at least 85 percent of the votes of the exporting Members, 
and from Contracting Parties representing at least 75 percent of the importing countries 
holding at least 80 percent of the votes of the importing Members. The Council shall fix 
a time within which Contracting Parties shall notify the Secretary-General of the United 
Nations of their acceptance of the amendment. If, on expiry of such time limit, the 
percentage requirements for the entry into effect of the amendment have not been met, 
the amendment shall be considered withdrawn. 
(2) Any Contracting Party which has not notified acceptance of an amendment within 
the period fixed by the Council, or any territory which is either a Member or a party to 
a Member group on behalf of which such notification has not been made by that date, 
shall cease to participate in this Agreement from the date on which such amendment 
becomes effective. 
International Coffee Agreement 1994 
47 
ARTICLE 49 
Supplementary and transitional provisions 
(1) This Agreement shall be considered as a continuation of the International Coffee 
Agreement 1983, as extended. 
(2) In order to facilitate the uninterrupted continuation of the International Coffee 
Agreement 1983, as extended: 
(a) all acts by or on behalf of the Organization or any of its organs under the 
International Coffee Agreement 1983, as extended, in effect on 
30 September 1994, the terms of which do not provide for expiry on that 
date, shall remain in effect unless changed under the provisions of this 
Agreement; and 
(b) all decisions required to be taken by the Council during coffee year 1993/94 
for application in coffee year 1994/95 shall be taken by the Council in coffee 
year 1993/94 and applied on a provisional basis as if this Agreement had 
already entered into force. 
ARTICLE 50 
Authentic texts of the Agreement 
The texts of this Agreement in the English, French, Portuguese and Spanish 
languages shall all be equally authentic. The originals shall be deposited with the 
Secretary-General of the United Nations. , 
IN WITNESS WHEREOF the undersigned, having been duly authorized to this effect 
by their respective Governments, have signed this Agreement on the dates appearing 
opposite their signatures. 
International Coffee Agreement 1994 
V* 
ISSN 0254-1475 
COM(94) 255 final 
DOCUMENTS 
EN 11 03 02 
Catalogue number : CB-CO-94-272-EN-C 
ISBN 92-77-70531-0 
Office for Official PubUcatiozis of the European Communities 
L-2985 Dixembourg