COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(92)116 final 
Brussels, 1 Apr I I 1992 
Proposal for a 
COUNCIL DECISION 
concerning notification of the acceptance by the Community of 
the International Coffee Agreement 1983, 
as extended to 30 September 1993 
(presented by the Commission) 
"C "" 
EXPLANATORY MEMORANDUM 
With Council Decision 87/485/EEC of 28 September 1987,1 the Community 
approved the International Coffee Agreement 1983 which came into force on 
1 October 1983 for a period of six years expiring on 30 September 1989. 
Article 68 of the Agreement specifies that the Agreement may be extended, 
with or without amendments, or renegotiated. 
With resolution No 347 of 4 July 1989, the International Coffee Council 
decided to extend the International Coffee Agreement 1983 for a period of 
two years, until 30 September 1991, while suspending a number of 
provisions, including most of Chapter VII. The Community notified the UN 
Secretary-General of its acceptance of the Agreement as extended on 
29 September 1989. 
With resolution No 352 of 28 September 1990, the International Coffee 
Council decided to extend the International Coffee Agreement 1983 for a 
further period of one year, until 30 September 1992. The Community notified 
the UN Secretary-General of its acceptance of the Agreement as extended on 
19 September 1991. 
With resolution No 355 of 27 September 1991, the International Coffee 
Council decided to extend the International Coffee Agreement 1983 for a 
further period of one year, until 30 September 1993. 
The Commission believes that the Community and its Member States should 
complete the necessary formalities to take part in the Agreement as 
extended as quickly as possible, and in any case before 25 September 1992. 
It is important that the Community and its Member States should, on the 
basis of a jointly agreed position, notify simultaneously the UN 
Secretary-General of their acceptance of the Agreement as extended, since 
any individual moves on the part of the Member States would be contrary to 
the EEC Treaty. 
1 OJ L 276, 29.9.1987. 
7 
y 
PROPOSAL FOR A 
COUNCIL DECISION 
concerning notification of the acceptance by -the Community of 
the International Coffee Agreement 1983, 
as extended to 30 September 1993 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Articles 113 and 116 thereof, 
Having regard to the proposal from the Commission, 
Whereas the Council approved, by Decision 87/485/EEC1, the International 
Coffee Agreement 1983, which came into force on 1 October 1983 for a period 
of six years expiring on 30 September 1989; 
Whereas, by resolution No 347 of 4 July 1989, the International Coffee 
Council decided to extend the Agreement for a period of two years until 
30 September 1991; whereas, by resolution No 352 of 28 September 1990, the 
International Coffee Council decided to extend the Agreement for a further 
period of one year until 30 September 1992; whereas, by resolution No 355 
of 27 September 1991, the International Coffee Council decided to extend 
the Agreement for a further period of one year until 30 September 1993; 
Whereas the Community and its Member States should simultaneously notify 
the United Nations Secretary-General of their acceptance of the Agreement 
as extended until 30 September 1993, 
1 OJ L 276, 29.9.1987, p.61. 
•/-
HAS DECIDED AS FOLLOWS: 
Article 1 
1. In accordance with resolution No 355 of 27 September 1991 of the 
International Coffee Council/ the International Coffee Agreement 1983, 
as extended until 30 September 1993, is hereby approved on behalf of the 
European Economic Community. 
The text of the resolution is attached to this Decision. 
2. The Community and its Member States, once they have completed the 
necessary internal procedures, shall simultaneously notify the 
United Nations Secretary-General of their acceptance of the Agreement as 
extended until 30 September 1993. 
Article 2 
The President of the Council is hereby authorized to designate the person 
empowered to deposit, on behalf of the European Economic Community, the 
notification referred to in Article 1(2). 
Done at 
For the Council 
The President 
Certified true copy 
For the Secretary-General 
Director-General 
© 
INTERNATIONAL COFFEE 
ORGANIZACION INTERNACIONAL DEL CAFE 
ORGANIZACAO INTERNACIONAL DO CAFE 
ORGANISATION INTERNATIONALE DU CAFE ORGANIZATION 
International Coffee Council 
Fifty-seventh Session 
23 - 27 September 1991 
London, England ICC Resolution No. 355 (E) 
30 September 1991 
Original: English 
RESOLUTION NUMBER 355 
(APPROVED AT THE SIXTH PLENARY MEETING, 27 SEPTEMBER 1991) 
INTERNATIONAL COOPERATION ON COFFEE 
WHEREAS: 
Noting that 29 years of existence of international coffee agreements have 
demonstrated that they have been useful and positive instruments for international 
cooperation; 
Noting that a number of new proposals and ideas have been put forward both 
by Producers and Consumers with respect to dealing both with the immediate market 
situation and with the development of measures for the future organization of the 
market; 
Noting that the political will and constructive spirit exist to examine all possible 
bases for a new International Coffee Agreement to be negotiated in the near 
future; and 
Noting that the International Coffee Agreement 1983 as extended by Resolutions 
numbers 347 and 352 is due to expire on 30 September 1992 and that in order to give 
sufficient time both to study and implement such new proposals and ideas and to 
ensure that the forum of the International Coffee Organization be maintained, it is 
necessary that the International Coffee Agreement 1983 be further extended, 
THE INTERNATIONAL COFFEE COUNCIL 
RECOGNIZES: 
That the continuation of the present market situation, with real prices of coffee 
at their lowest levels since the 1930s, is having a highly damaging impact on the 
economies of the coffee producing countries and is jeopardizing future prospects for 
maintaining production and quality, and 
RESOLVES: 
1. That the International Coffee Agreement 1983 as Extended shall be further 
extended for one additional year from 1 October 1992 to 30 September 1993. 
2. To establish a Working Group, open to all Members, to carry out a wide-ranging 
review of all proposals and ideas on future international cooperation on coffee matters 
and to report to the first ordinary session of the Council in coffee year 1991/92 and in 
any case not later than the first week of April 1992. On the basis of this report the 
Council shall decide on the negotiation of a new International Coffee Agreement with 
a view to completing it not later than 31 December 1992. 
3. That the International Coffee Agreement 1983 as Extended shall continue in 
force as from 1 October 1992 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 25 September 1992, 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 importing Members. The votes for this purpose shall be calculated as at 1 July 1992. 
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. 
4. That a notification by a Contracting Party containing an undertaking to continue 
to apply provisionally, in accordance with its laws and regulations, the Agreement as 
Extended, which is received by the Secretary-General of the United Nations not later 
than 25 September 1992, 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 1993 or such later 
date as the Council may determine, such Contracting Party shall as of that date cease 
to participate in the Agreement. 
5. That any Contracting Party to the International Coffee Agreement 1983 as 
Extended which has not made the notifications of acceptance provided for in 
paragraphs 3 and 4 of this Resolution, may accede to the Agreement by 31 March 1993 
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 1992. 
6. 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 3 and 4 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. 
7. To request the Executive Director to convey this Resolution to the Secretary-
General of the United Nations. 
ISSN 0254-1475 
COM (92) 116 final 
DOCUMENTS 
EN 03 11 
Catalogue number: CB-CO-92-140-EN-C 
ISBN 92-77-42459-1 
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