Proposal for a COUNCIL DECISION concerning the signing and conclusion of the International Coffee Agreement 1994 on behalf of the Community
Date: 1994-06-22
Institutions: European Commission
Subjects: coffee, international agreement, international cooperation, ratification of an agreement, signature of an agreement, trade agreement (EU)

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(94) 255 final 
Brussels, 22.06.1994 

94/0149 (ACC) 

Proposal 

f or  a 

COUNCIL  DECISION 

of 
of 

,  <-1Ug 

fhfi 
t he  I n t e r n a t i o n al  Coffee  Agreement  1994 

t he  S i^n i ng  and  c o n c l u s i on 

on  b e h a lf  of  t he  Community 

( p r e s e n t ed  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 
of 
extension 
13  September  1993. 

Decision 

approved 

Council 

that 

by 

2.  Negotiations  for  a  new  Agreement  duly  began  in  December  1993  and 

were  concluded  on  31  March  1994. 

3.  The 

International 

unlike 
four 
Coffee 
its 
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 ) . 

Agreement 

1994, 

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. 

Ao-

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, 

Having  regard  to  the  Treaty,establishing  the  European  Cununuiuty,  and 
113  thereof,  in  liaison  with  Article  228, 
in  particular  Article 
paragraph  2, 

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 
c o n t r i b u t i o n s,  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. 

© 

COFFEE 

INTERNATIONAL 
INTERNACIONAL  DEL  CAFE 
INTERNACIONAL  DO  CAFÉ 
INTERNATIONALE  DU  CAFE 

ORGANIZACION 
ORGANIZACÂO 
ORGANISATION 

AC 

ORGANIZATION 

INTERNATIONAL 
COFFEE 
AGREEMENT 
1994 

15 April  1994 

•Ad 

CONTENTS 

CHAPTER I  -  OBJECTIVES 

CHAPTER II  -  DEFINITIONS 

Article. 

Preamble 

1 

Objectives 

2 

Definitions 

CHAPTER  III  -  GENERAL UNDERTAKINGS BY MEMBERS 

3 

General  undertakings  by Members 

CHAPTER IV  -  MEMBERSHIP 

Membership  of the  Organization  . . . . 
Separate  membership  in respect  of designated  territories 
Group membership 

CHAPTER V  -  THE INTERNATIONAL  COFFEE  ORGANIZATION 

Seat  and  structure  of the  International  Coffee  Organization 
Privileges and  immunities 

CHAPTER VI  -  THE  INTERNATIONAL COFFEE  COUNCIL 

Composition  of the  International  Coffee  Council 
Powers and  functions  of the  Council 
Chairman  and Vice-Chairmen  of the Council 
Sessions of the  Council 
Votes  .. 
Voting procedure  of the  Council 
Decisions of the  Council 
Cooperation  with  other  organizations 

CHAPTER VII - THE EXECUTIVE BOARD 

Composition  and  meetings of the  Executive  Board 
Election  of the  Executive  Board 
Competence  of the  Executive  Board 
Voting procedure  of the  Executive Board 

4 
5 
6 

7 
8 

9 
10 
11 
12 
13 
14 
15 
16 

17 
18 
19 
20 

JBage 

If 

2 

3 

6 

7 
8 
8 

12 
12 

14 
14 
15 
16 
17 
18 
18 
20 

21 
22 
' 24 
25 

Artiste 

At 

Eag* 

CHAPTER VIII  -  FINANCE 

21 
22 
23 
24 
25 

Finance 
Determination  of the Administrative  Budget and assessment  of contributions 
Payment  of contributions 
Liabilities 
Audit and  publication  of accounts 

•  26 
26 
27 
28 
28 

CHAPTER IX  -  THE EXECUTIVE DIRECTOR AND THE STAFF 

26 

The Executive  Director  and  the  staff 

CHAPTER X  -  INFORMATION, STUDIES AND SURVEYS 

27 
28 
29 

Information 
Certificates  of Origin 
Studies  and  surveys 

CHAPTER XI  -  GENERAL PROVISIONS 

30 
31 
32 
33 
34 
35 

Preparations for  a  new Agreement 
Removal  of obstacles to consumption 
Measures related  to processed  coffee 
Mixtures  and  substitutes 
Consultation  and  cooperation  with the private  sector 
Environmental  aspects 

CHAPTER XII  -  CONSULTATIONS, DISPUTES AND COMPLAINTS 

36 
37 

Consultations 
Disputes  and  complaints 

CHAPTER XIII  -  FINAL PROVISIONS 

38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 

Signature 
Ratification,  acceptance  or approval 
Entry  into force 
Accession 
Reservations 
Extension  to designated  territories 
Voluntary  withdrawal 
Exclusion 
Settlement  of accounts with  withdrawing or excluded Members 
Duration  and  termination 
Amendment 
Supplementary  and  transitional  provisions 
Authentic  texts  of the Agreement 

29 

30 
31 
31 

33 
33 
34 
35 
36 
36 

37 
37 

40 
40 
40 
42 
42 
42 
44 
44 
44 
45 
46 
47 
47 

INTERNATIONAL COFFEE AGREEMENT 1994 

AÏ 

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 

22 

(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. 

International  Coffee Agreement 1994 

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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. 

International  Coffee Agreement  1994 

26 

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. 

International  Coffee Agreement  1994 

28 

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. 

International  Coffee Agreement  1994 

29 

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. 

International  Coffee Agreement  1994 

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(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. 

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(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 

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(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 

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\ 

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 

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(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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40 

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 

X 

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 

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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. 

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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