Proposal for a COUNCIL DECISION concerning the signing and notification of the provisional application of the International Agreement on Tropical Timber 1994 on behalf of the European Community
Date: 1996-01-10
Institutions: European Commission
Subjects: UNO, forest conservation, international agreement, signature of an agreement, trade agreement, tropical wood

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  10.01.1996 
COM(95)  542 final 

95/0272  (ACC) 

Proposal  for a 

COUNCIL  DECISION 
concerning  the  signing  and  notification  of  the  provisional  application  of 
the  International  Agreement  on  Tropical  Timber  1994 
on  behalf  of  the European  Community 

(presented  by the  Commission) 

Explanatory  memorandum 

I.  Introduction 

The fourth  session  of  the  United  Nations  Conference  to  negotiate  an  agreement  to  replace 
the  1983  International  Tropical  Timber  Agreement  (ITTA)  saw  the  conclusion  of  a  new 
Agreement  (Annex 
)  with  the  adoption  of  a resolution  at  the  fourteenth  plenary  session 
held  on  26  January  1994. 

At  this  formal  session  closing  the  conference,  the  Commission  reiterated  on  behalf  of  the 
European  Community  and  its  Member  States  its  reservation  pending  further  study  and 
assessment  of  this  new  Agreement  (Annex 
).  This  reservation  had  already  been 
expressed  at  the  session  officially  marking  the  end  of  negotiations  completed  in  an 
atmosphere  of  uncertainty. 

The  reasons  for  the  Community's  reservation  were  manifold  but  rooted  essentially  in  the 
negotiating  directives  approved  by  the  Council  on  17  May  1993  (Doc.  6270/93  -
Proba  18  of  3  May  1993)  and  the  fact  that  certain  Member  States'  delegations  were 
unable  to consult  their  national  governments  before  accepting  a situation  which  amounted 
to  a fait  accompli 

In  keeping  with  its  instructions,  the  Community  negotiated  in  a  spirit  of  openness  and 
flexibility  and  sought  to  avoid  the  scope  of  the  Agreement  being  extended  to  encompass 
all  types  of  timber,  including  those  from  temperate  and  northern  forests,  and  the  ITTO 
being  recognized  as  the  body  responsible  for  global  management  of  all  forests. 

These  aims  were  not  achieved  completely. 

Some  of  the  Agreement's  objectives  were  extended  to  cover  all  timbers  and  hence  all 
forests.  In  addition,  a weakening  of  the  producer  countries'  commitment  to  Target  2000 
(the  date  from  which  world  trade  in  tropical  timber  is  to  be  based  on  the  principles  of 
sustainability)  and  financial  commitments  which  some  Member  States  deemed  to  be  too 
binding  prompted  the  Community  to  conclude  that it would  be  desirable  to  reflect  further 
on  the  matter  before  entering  into  an  international  commitment  of  this  kind. 

Over  the  last  few  months  Commission  departments  and  the  Council  working  party  on 
commodities  (Proba)  have  discussed  and  analysed  the  text  of  the  Agreement  in  depth  in 
order  to  assess  all  the  points  which  might  facilitate  a  decision  and,  if  possible,  open  the 
way  for  signing  and  provisional  application  by  the  European  Community.  The  Standing 
Committee  on  Forestry  was  brought  into  these  discussions  where  its  responsibilities  were 
involved. 

The  aim  of  this  proposal  for  a  decision  is  to  take  stock  of  the  situation  and  propose  to 
the  Council,  on  the  basis  of  a  series  of  technical  and  political  considerations,  that  it 
withdraw  the  reservation  entered  in  Geneva  so  that  the  EU  can  participate  in  the  1994 
International  Tropical  Timber  Agreement. 

This  approach  is  also  designed  to  enable  the  Union  to  play  a  more  prominent  role  in 
international  forums  where  trade,  development  and  environment  issues  are  discussed, 
particularly  at  present 
the  Commission  on  Sustainable 
the  session  of 
Development  held  in  New  York  in  April  1995. 

following 

At the meeting  of the ITTO  Council  held in Accra,  Ghana, from  10 to  18 May  1995, the 
Commission  finally  decided  to announce initiation  of the procedures for  withdrawing  the 
reservation  lodged  in  Geneva. 

In  making  this  announcement  the  Community  was  able  to  indicate  clearly  its  points  of 
reference  and  interpretation  for  applying  the future  Agreement  upon  its  entry  into  force. 

The same principles will  be reaffirmed  in a short  declaration which will  be lodged  on the 
occasion  of  the  signing  and  notification  of  provisional  application  by  the  European 
Community. 

II.  Assessment  of  the  Agreement 

1. New  ITTA  and  Community  negotiating  directives 

The  first  question  relates  to  how  far  the  new  text  corresponds  to  the  Community's 
negotiating  directives.  The  present  Agreement  would  appear  to  go  well  beyond  the 
accepted  terms of the  directives.  The  extension  of some  of the Agreement's  measures to 
all  types  of timber,  and  hence to all  forests,  is already  at odds with  the principle that  the 
Community  confine  itself  to  tropical  timber.  (See  Article  1(a),  (b),  (f),  (1)  and  (n)  and 
Articles  29  and  30). 

It  is  nonetheless  clear  that  tropical  timber  remains  the  aim  or  main  subject  of  the 
Agreement.  This  is  borne  out  by  Article  1(d),  (e),  (i),  (j)  and  (k)  and  Article  21. 
Accepting  such  an  extension  should  therefore  not  pose  any  major  problems  for  the 
Community,  especially  as the negotiating directives made direct reference  to the outcome 
of the deliberations  of the  1992 Rio  Conference  (UNCED)  and to the need  to  safeguard 
international  cooperation. 

2.  Extension  of  the  Agreement's  scope 

The  Community  has  held  fast  to the  view  that the  extension  of the  Agreement  does  not 
meet  the  needs  and  concerns  of the  tropical  producer  countries  as the  common  purpose 
of  all  commodity  agreements  must  be to  safeguard  the  interests  of the production  areas. 
that  were  not  necessarily 
Extending 
homogeneous  and  which  would  not  benefit  the  tropical  producers  alone. 

the  scope  would  mean  mixing  provisions 

Intergovernmental  cooperation  on all types of forest  should therefore  take place in a more 
appropriate  forum  than  that  provided  by  the  International  Tropical  Timber  Agreement. 
This move should  not jeopardize the negotiation  of a future  global  convention  embracing 
all  forests. 

3.  Target  2000 

This  a  fundamental  objective  for  the  EU.  However,  the  wording  used  in  the  general 
context of the Agreement  seems ambiguous. The producer  countries have also established 
a  link  between  Target  2000  and  the  provision  of  adequate  financial  resources,  thus 
impairing  the  effectiveness  of  such  a  commitment. 

The  financial  aspect  linked  to  the  achievement  of  Target  2000  is,  however,  clearly 
addressed  in  Article  21  of  the  Agreement,  where  there  is  mention  of  sustainable 
development  of  forests  producing  tropical  timber  via  a Bali  partnership  fund.-

So  despite  a measure  of  disappointment  concerning  the  commitment  given  by  producer 
countries,  there is reason  to believe that  a commitment  does in  fact  exist  (for  example in 
the  Preamble  or in  Article  1) even  though  it  does  seem  to be  diluted  and  overshadowed 
by  the  commitment  on  the  part  of  consumer  countries. 

It should be stressed  here that the European  Union made a formal  commitment  in Geneva 
to  the  conservation,  sustainable  management  and  development  of  all  the  forests  of  its 
Member  States.  At  the  same  time  it  expressed  the  hope  that  negotiations  on  a  global 
convention  on  forests  could  be  started  as  soon  as possible  in  order  to bring  the  aims  set 
out in Target  2000 together in a binding legal  instrument  encompassing  all types of  forest 
and  the  whole  range  of  problems  linked  with  deforestation. 

4.  Financing 

This  is  one  of  the  thorniest  points  in  the  new  ITTA.  Article  1(g)  refers  to  mechanisms 
designed  to  provide  new  and  additional  financial  resources. 

On  several  occasions  certain  delegations  stated  that  this wording  involved  too  narrow  a 
reference  to  the  UNCED  commitment;  it  was  also  impossible  for  them  to  commit  their 
national  financial  authorities.  This  was,  moreover,  one  of  the  reasons  for  which  the 
Community  delegations  sought  in  Geneva  endorsement  from  the  national  financial 
departments. 

The  wording  seems  fairly  general  but  it  could  be  said  that  the  creation  of  the  Bali 
partnership  fund  already  meets  the  criterion  of  a  new  and  additional  mechanism.  In 
addition,  Article  21  seems  to  rule  out  any  direct  financial  commitment  on  the  part  of 
members since it refers  explicitly to the  "contribution of donor members", where  "donor" 
implies  an  action  which  is  discretionary  and  voluntary  and  in  no  sense  binding. 

5. Non-discrimination  as  regards  trade 

A careful  reading  of  Article  36  suggests  that  it  would  be  impossible  to  invoke  the  new 
ITTA as a basis for  any  multilateral  trade  restrictions  against timber-exporting  countries, 
especially  those not  conforming  to Target  2000.  In any  case, it would  not  seem  possible 
to  impose  trade  restrictions  on tropical  timber  in  the  absence  of  any  similar  multilateral 
trade  measures  applicable  to  timber  from  temperate  and  northern  forests. 

Thus  the  principle  of  non-discrimination  appears  to  be  safeguarded. 

Nevertheless, it is regrettable that these provisions do not also apply to exports  (restrictive 
measures  introduced  by  some  producer  countries  such  as Indonesia),  but  this  is  because 
the  overall  package  of  concessions  was  accepted  too  rapidly. 

6.  Final  remarks  and  conclusions 

In general,  it can be concluded  that the European  Community's  participation  in the  1994 
International  Tropical Timber Agreement is perfectly justified,  indeed desirable, given the 
international  context  in  which  it  is being  concluded. 

It  is  essential  that  the  Union  defend  some  form  of  dialogue  and  cooperation  at  global 
level  on tropical  timber  and tropical  forests.  If it does not, the powerful  pressures  exerted 
at  various  international  and  national  levels  could  lead  to  the  adoption  of  draconian 
measures, which would  probably  not be effective  to ensure genuine protection  of tropical 
forests  against  a background  of  sustainable  and  rational  trade. 

It  is  therefore  vital  that  the  EU  should  not  be  isolated  or  stand  aside  from  high-level 
international  environmental  or  trade  and  commercial  initiatives. 

Furthermore,  under  Article  41  the  Agreement  is  due  to  enter  into  force  on  1 February 
1995  or  at  a  later  date  provided  it  has  been  concluded  by  twelve  producer  country 
governments  holding  at  least  55% of  the  votes  allocated  to  that  group  of  countries  and 
by  sixteen  consumer  country  governments  holding  at  least  70%  of  the  votes  allocated 
to  them.  The  European  Community  and  its  Member  States  currently  account  for  more 
than  43% of  the  consumer  country  votes  needed  for  the  Agreement  to  enter  into  force. 
Participation  in  the  Agreement  by  the  European  Community  and  its  Member  States  is 
therefore  important  both  economically  and  politically. 

III.  The  Commission  proposes  to  the  Council  that  the  European  Community  and  its 

Member  States: 

should  sign  the  1994  Tropical  Timber  Agreement  as  soon  as possible; 

should  declare  their  intention  to  apply  the  Agreement  provisionally; 
should  accompany  these  steps  by  the  attached  interpretative  declaration  the  text  of 
which  has  been  negotiated  with  the  Member  States. 

The  Commission  requests  that  the  President  of  the  Council  designate  the  persons 
empowered  to  sign  the  Agreement  on  behalf  of  the  Community  and  to  lodge  the 
notification  of  provisional  application  by  the  Community  with  the  United  Nations 
Secretariat. 

At  a later  stage,  when  all  the  national  authorities  have  given  a definitive  ruling,  a 
proposal  will  be  made  to  the  Council  concerning  ratification  or  accession  to  the 
International  Agreement. 

Proposal  for  a  Council  Decision  of  ... 

concerning  the  signing  and  provisional  application  of  the  International  Agreement 
on  Tropical  Timber  1994  on  behalf  of the  European  Community 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Ha/ing  regard  to  the  Treaty  establishing  the European  Community  and  in  particular 
Article  113 thereof,  in  conjunction  with  Article  228(2)  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  the  International  Tropical  Timber  Agreement  1994  negotiated  on  the  basis  of 
Resolution  93(IV)  of  the  "new  partnership  for  development:  Cartagena  Commitment" 
and  the  relevant  objectives  in  the final  document  "Cartagena  Spirit"  adopted  by  the 
United  Nations  Trade  and  Development  Conference  at  its  eighth  session  is  open  for 
signing  from  1 April  1994  to  i  January  1995; 

Whereas  the  Council  of  the  International  Tropical  Timber  Organization  has  decided  to 
extend  the  time-limit  to  1 September  1995  or  as soon  as possible  thereafter; 

Whereas,  pursuant  to Article  42(3)  of  the  1983 International  Tropical  Timber 
Agreement,  that  Agreement  was  extended  until  the provisional  or  definitive  entry  into 
force  of  the new  Agreement;  , 

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,  through  financial 
contributions,  in  the  measures  provided  for  in the  Agreement; 

Whereas  all  the  Member  States  have  expressed  their  intention  to  sign  and  to  contribute 
towards  the  provisional  application  of  the Agreement;  whereas  the  Community 
therefore  should  sign  the  Agreement  lodged  with  the  United  Nations  Secretary-General 
and,  as  soon  as possible,  notify  its  intention  to  apply  the  new  Agreement 
provisionally, 

6 

HAS  DECIDED  AS  FOLLOWS: 

Article 1 

1. 

2. 

The  Community  shall  sign  the  International  Tropical  Timber  Agreement  1994 
lodged  with  the  United  Nations  Secretary-General  as  soon  as  possible.  The  text 
of  the  Agreement  is  attached  to this  Decision. 

The  Community  shall  notify  the  United  Nations  Secretary-General  of  its 
intention  to  apply  the  International  Tropical  Timber  Agreement  1994 
provisionally,  in  accordance  with  Articles  40  and  41(2)  thereof. 

Article  2 

The  President  of  the  Council  is hereby  authorized  to  designate  the  persons  empowered 
to  sign  the  Agreement  on  behalf  of  the  Community  and  deposit  the  notification  of  its 
provisional  application  by  the  Community. 

Done  at  Brussels, 

For  the  Council 
The  President 

¥ 

Declarations  to  be  entered  in  the  minute 

1.  The  Council  and  the  Commission  declare  that  this  Decision  is  being  adopted  in 
order to enable the International  Tropical  Timber Agreement  1994 to be applied as 
soon as possible.  It is being taken with the pragmatic aim of adhering  as closely  as 
possible to existing practices and it does not prejudice the basis and nature of future 
measures  concerning  commodities,  including  the renewal  of  this agreement. 

2.  The  Member  States1 representatives  meeting  within  the  Council  declare  that their 
governments are prepared to sign the new International  Tropical  Timber Agreement 
as soon as possible, together with the Community, and to ensure, by common accord 
with  the European  Community,  its provisional  application. 

Those states which  cannot decide to apply the Agreement on a provisional  basis by 
an act of their government will  begin their parliamentary  ratification  procedures as 
soon  as possible.  Pending ratification  they will  take all  measures to ensure that the 
Agreement  can be  applied  as regards the Community's  competence. 

? 

Draft  Declaration 
by  the  European  Community  and  its  Member  States 
addressed  to  the  United  Nations 

The  European  Community  and  its Member  States  interpret  the  terms  of  the  ITTA  1994 
as  follows: 

(a)  Unless the scope of the Agreement is changed pursuant to Article  35, the Agreement 

shall  refer  solely  to  tropical  timber  and  tropical  forests. 

(b)  Any  financial  contribution  other  than  the  contribution  to  the  administrative  budget 

provided  for  in  Article  19 shall be  entirely  voluntary. 

UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT 
Geneva 

INTERNATIONAL TROPICAL 
TIMBER AGREEMENT, 1994 

UNITED NATIONS 
New  York  and  Geneva,  1994 

CONTENTS 

Introduction 

List of States  and organizations  represented  at the United  Nations 
Confereace  for  the Negotiation  of a Successor Agreement  to the 
International  Tropical  Timber Agreement,  1983 

. 

Agenda  of  the United  Nations  Conference  for  the Negotiation  of a 

Successor Agreement  to the  International  Tropical  Timber 
Agreement,  1983 

Formal  Statement  by Consumer Members 

Resolution  adopted  by the Conference 

. 

International  Tropical  Timber Agreement,  1994 

A  A 

INTRODUCTION 

Taking  into account  the decision of  the  International  Tropical  Timber 

1. 
Council  (ITTC) at  its eleventh session on 4 December  1991, and  in accordance 
with  the calendar of meetings approved by the Trade and Development  Board  on 
14 October  1992, the Secretary-General  of UNCTAD convened  the United  Nations 
Conference  for the Negotiation of a Successor Agreement  to the  International 
Tropical  Timber Agreement,  1983, on  13 April  1993.  The Conference,  which was 
opened by Mr. Carlos  Fortin,  Deputy  to the Secretary-General  of UNCTAD, 
Director of  the Commodities  Division,  and Mr. B.C.Y.  Freezailah,  Executive 
Director  of the  International  Tropical  Timber Organization,  was held  at  the 
Palais des Nations, Geneva,  in four parts:  the  first  from  13 to 
16 April  1993, the  second  from 21 to 25 June  1993,  the  third  from  4 to 
15 October  1993 and  the  fourth from  10 to 26 January  1994. 
Mr. Wisber Loeis  (Indonesia) was elected  President  of  the Conference,  and 
Mrs. Yolande Goedkoop-Van Opijnen  (Netherlands)  and Mr. Jorge  Barba  (Ecuador) 
were elected Vice-Presidents.  Mr. Jorge Barba, who was absent  at  the  second 
and  fourth parts  of  the Conference,  was replaced  by Mr.  Christian  Espinoza 
(Ecuador) as the Vice-President  for the duration of  the second  and  fourth 
parts of  the Conference. 

The Conference  had before  it separate proposals  by  the producer  and 

2. 
consumer groups  of members  of the  International  Tropical  Timber 
Organization  (ITTO)  (TD/TIMBER.2/R.1),  a comparative  tabulation of the 
existing  text of  the  International  Tropical  Timber Agreement  (ITTA), 1983, 
side-by-side with  the separate  texts of the proposals  presented  by the 
producer  and consumer groups of members  of the  ITTO  (TD/TIMBER.2/R.2)  and a 
composite  text  of  the proposals  for a successor agreement  to the  ITTA, 1983, 
based  on the separate  texts of the proposals  submitted  by  the producer  and 
consumer groups  (TD/TIMBER.2/R.3), which was prepared  by  the  Secretary-General 
of UNCTAD,  in cooperation  with the Executive Director  of  ITTO  in accordance 
with  the resolution  adopted  on  16 April  1993 at the  fourth plenary meeting of 
the Conference.  The Conference  also had before  it:  a non-paper  of the 
Chairman  of  ITTC on  informal  consultations  regarding  a successor  agreement  to 
the  International  Tropical Timber  Agreement,  1983, during  the  fourteenth 
session  of  ITTC,  (TD/TIMBER.2/CRP.1);  the President's  revised discussion  paper 
(TD/TIMBER.2/CRP.2) ; and "a paper  (TD/TIMBER.2/R.4}  containing  draft  articles 
submitted  by the  President  following  his consultations  held pursuant  to 
operative paragraph  1 of the resolution  (TD/TIMBER.2/12) adopted at  the end of 
the third part  of  the Conference. 

On  21 January  1994, a Formal  Statement  by Consumer  Members was  circulated 

3. 
in TD/TIMBER.2/L.6  (see p. 10).  A Statement  on the Sustainable  Management  of 
Forests  in the European Union by  the European Union was  circulated  at  the 
Conference  on 24 January  1994  (TD/TIMBER.2/L.7). 

Participation  and  credentials 

4. 
Representatives  of  61 States attended  the Conference  as  participants 
and  2 as observers.  The  first part of  the Conference  was attended  by the 
representatives  of  57 States, 55 attending as participants  and  2 as observers. 
The  second  part  was attended  by* the representatives  of  50 States attending as-
participants.  The  third part was attended by the  representatives  of  52 States 

A9L 

attending  as participants, and the fourth part by the representatives  of 
49 States, 48 attending  as participants  and  l as an observer.  Representatives 
of  the European  Community participated  in all parts of  the Conference. 

A number of United Nations bodies and specialized  and  related  agencies of 

5. 
the United Nations, and one national  liberation movement  invited  to 
participate  pursuant  to General Assembly  resolution  3280  (XXIX),  sent 
observers  to the Conference.  One  intergovernmental  organization  and 
19 non-governmental organizations participated  in the Conference  by  its 
decision  (see pp.  7 and 8 ). 

At each part  of  the Conference, the credentials  of  the  representatives  of 

6. 
States participating  in the Conference were approved on the recommendation  of 
the  Credentials  Committee. 

Structure of  the Conference 

At  its  first plenary meeting, on 13 April  1993, the Conference  adopted 

7. 
its agenda as  contained  in TD/TIMBER. 2/4  (see p. 9) and  its rules of  procedure 
(TD/TIMBER.2/5) and  established  an Executive Committee of  the Whole,  chaired 
by  the President  of  the Conference and supported by the two Vice-Presidents, 
to deal with agenda  items 8 and  9 in closed session.  It  subsequently 
appointed  a Credentials  Committee to examine the credentials  of  the 
representatives  of  States participating  in the Conference  (see para.  11 
below). 

8. 
The Executive  Committee held  11 meetings.  At  its  first meeting, 
on  13 April  1993, it established  an Economic and Technical  Committee  and a 
Financial  and Administrative  Committee.  The Chairman of  the  Executive 
Committee convened,  as and when necessary,  an informal  contact  group  to deal 
with  a number  of key  issues pending  in the Executive Committee. 

The Economic  and Technical  Committee was chaired by Mr. David  Boulter 

9. 
(Canada).  The  Financial  and Administrative  Committee was chaired  by 
Mr.  Eugene  Capito  (Gabon) who, in his absence during  the  fourth part  of  the 
Conference,  was  replaced  by Mr.  E.O. Nsekyire  (Ghana) . 

10.  At  its  12th  plenary meeting,  the Conference  established  an Editorial 
•3reup to take up  the  texts of articles  referred  to it with  a view  to 
considering  any  editorial  or  linguistic matters without  touching  upon 
substantive  issues  and  to prepare  the composite  text  of  a successor  agreement 
This Group  was open  to all  interested participants.  It had  a core membershii. 
consisting  of  10 members,  5 representatives  each  from  the producer and 
consumer groups.  The  Group met  three  cimes.  Mr.  Christian  Espinozu  i£c,-....-">. .ior. 
chaired  this Group  at  its  1st and 2nd meetings, and Mr. E.G.  Nsekyire  •;Ghana,' 
choired  the  3rd  meet: no o.c the Group. 

11. 
The  Credentials  Committee  was appointed  by  the Conference at. 
its  3rd plenary  meeting  on  14 April  1993, with  the  following  membership: 
Congo,  Japan, Mexico, Netherlands  and  Philippines.  Mr. S.  Ise  (Japan) was 
elected  as Chairman  of  the Credentials  Committee.  The Committee  had  four 
meetings  and prepared  four reports  (TD/TIMBER.2/6 , TD/TIMBER.2/8 , 
TD/TIMBER.2/11 and  TD/TIMBER.2/13),  which were approved  by  the Conference. 

Az 

Closure of  the Conference 

12.  At  its 14th  (closing) plenary meeting, on 26 January  1994, the  Conference 
established  the text of the International  Tropical Timber Agreement,  1994 
(see p. 12) and adopted a final resolution as contained  in TD/TIMBER.2/14 
(see p.  11).  At  the time of the adoption of the Agreement,  several 
delegations made  statements, summaries of which are reproduced  in 
TD/TIMBER.2/15. 

Entry  into  force and  duration 

13.  The Agreement  is open  for signature, at United Nations Headquarters  in 
New York  from  1 April  1994 until one month after the date of  its entry  into 
force, by Governments  invited  to the United Nations Conference  for the 
Negotiation  of a Successor Agreement  to the  International  Tropical  Timber 
Agreement,  1983.  For the Agreement  to enter  into force definitively, 
12 Governments of producing  countries holding at least  55 per  cent of  the 
total votes as set out  in annex A to the Agreement, and  16 Governments  of 
consuming  countries holding at  least  70 per cent of  the  total votes as  set  out 
in annex B to the Agreement, must  either sign the Agreement  definitively  or 
deposit  instruments  of ratification, acceptance, approval  or accession.  If 
the requirements  for definitive  entry  into force are not met  by 
1 February  1995, the Agreement will enter  into force provisionally  on  that 
date or on any date within six months  thereafter,  if 10 Governments of 
producing  countries  holding at least  50 per cent of  the  total votes, as  set 
out  in annex A  to the Agreement, and  14 Governments  of  consuming  countries 
holding  at least  65 per cent of  the total votes, as set out  in annex B to  the 
Agreement, have  either signed  the Agreement  definitively  or have  deposited 
instruments of  ratification, acceptance or approval, or have notified  the 
depositary  that  they will apply the Agreement  provisionally. 

14. 
If the requirements  for definitive or provisional  entry  into force  have 
not been met by  1 September  1995, the Secretary-General  of  the United  Nations 
is requested  to  invite those Governments which have either  signed  the 
Agreement  definitively, or have deposited  instruments  of  ratification, 
acceptance  or approval, or have notified  the depositary  that  they will  apply 
the Agreement  provisionally,  to meet  at the earliest  time practicable  to 
decide whether  to put  the Agreement  into  force provisionally  or  definitively 
among  themselves  in whole or  in part.  Governments  which decide  to put  this 
Agreement  into  force provisionally  among  themselves may meet  from  time  to  time 
to review  the situation  and decide whether  this Agreement  shall  enter  into 
force definitively  among themselves. 

15.  The Agreement  will  remain  in force  for a period  of  four years  from  the 
date of  its entry  into force, unless  the Council  decides  to extend, 
renegotiate  or  terminate  it.  The Agreement  provides  that  the Council  may 
decide  to extend  the Agreement  for not more than two periods  of  three  years 
each. 

^V 

LIST OF  STATES AND ORGANIZATIONS  REPRESENTED  AT THE UNITED  NATIONS 
CONFERENCE  FOR THE NEGOTIATION  OF A SUCCESSOR  AGREEMENT  TO  THE 

INTERNATIONAL  TROPICAL TIMBER  AGREEMENT,  1983* 

Participants 

Afghanistan 
Algeria 
Australia 
Austria 
Bahrain 
Belgium* * 
Bolivia 
Brazil 
Bulgaria 
Cameroon 
Canada 
Chile 
China 
Colombia 
Congo 
Costa  Rica 
Côte d'Ivoire 
Denmark 
Dominican  Republic 
Ecuador 
Egypt 
El  Salvador 
Equatorial  Guinea 
Finland 
France 
Gabon 
Germany 
Ghan.-; 
Greece 

;cserve: 

Japan 
Liberia 
Luxembourg* * 
Malaysia 
Mexico 
Myanmar 
Nepal 
Netherlands 
New  Zealand 
Norway 
Panama 
Papua New  Guinea 
Paraguay 
Peru 
Philippines 
Portugal 
Republic  of  Korea 
Russian  Federation 
Slovakia 
Spain 
Sweden 
Switzerland 
Thailand 
Trinidad  and  Tobago 
United  Kingdom  of Great  Brita. 

and Northern  Ireland 

United  Republic  of Tanzania 
United  States ct  America 
Venezuela 

,urcoean 

States 

Democratic  People's  Republic  of Korea 

The  full  list of participants  w.is distributed  m  documents 

DIMBEP . 2/iNF. 1 , TD/TIMBER. 2/INF. 2 , TD/TIMBER . 1 ''"iNF . ; and  TD/TIMBER.;. IN' 

**  Belgium  represented  Luxembourg  at  the  first,  second  and  fourth pa: 

^5" 

Invited  to participate  pursuant  to General  Assembly 
resolution  3280  (XXIX) 

Pan Africanist  Congress  of Azania 

United  Nations 

Convention  on  International  Trade  in Endangered  Species of Wild  Fauna 

and  Flora 

Economic  Commission  for Europe 
United  Nations  Development  Programme 
United  Nations  Environment  Programme 

International  Trade Centre  UNCTAD/GATT 

Specialized  and  related  agencies 

Food  and Agriculture  Organization  of the United  Nations 
International  Labour  Organisation 
International  Monetary  Fund 

General  Agreement  on Tariffs and Trade 

Intergovernmental  organization 

Organization  of African  Unity 

Non-governmental  organizations 

Advice  and  Research  for Development  and  Environment 
Center  for Energy and Environmental  Studies 
Centre  for Resource  and Environmental  Studies 
Friends  of  the Earth  (England, Northern  Ireland and  Wales) 
Friends  of  the Earth  (Ghana) 
Friends  of  the  Earth  (United  States) 
Indonesian  Network  for  Forest  Conservation 
International  Alliance  of  the  Indigenous-Tribal  Peoples of  the 

Tropical  Forests 

International  Council  of  Environmental  Law 
International  Studies  Association 
International  Technical  Tropical  Timber  Association 
National  Wildlife  Federation 
Nuu-Chah-Nulth  Tribal  Council 
Rainforest  Action  Network 
Save  the  Rainforests 
Sierra  Club 
Traffic  International 
World  Conservation  Union 
World  Wide  Fund  for Nature 

A6 

AGENDA OF THE UNITED NATIONS CONFERENCE  FOR THE  NEGOTIATION 
OF A SUCCESSOR AGREEMENT TO THE  INTERNATIONAL  TROPICAL 

TIMBER AGREEMENT,  198 3 

1. 

Opening  of  the Conference 

2 . 

Adoption of  the agenda 

3. 

Adoption of  the rules of  procedure 

4. 

Election  of  officers 

5. 

Credentials  of  representatives 

(a) 

Appointment  of  the  Credentials  Committee 

(b) 

Report  of  the  Credentials  Committee 

6 . 

Admission  of  observers 

7. 

Establishment  of committees and working parties as  required 

8. 

Preparation of a successor agreement  to the  International  Tropical  Timber 
Agreement,  1983 

9. 

Consideration  and adoption of  final  resolutions 

10.  Other business. 

Af 

FORMAL  STATEMENT BY CONSUMER  MEMBERS 

The  States  listed below, as well as the European  Community,  participating 

in the United  Nations  Conference  for the Negotiation  of a Successor  Agreement 
to the  International  Tropical Timber Agreement,  1983: 

1. 

2. 

Recognize  the  importance  of the conservation  and  sustainable  management 
of all  types of forests, 

Note  the high  standard of sustainability which has already been  achieved 
by  individual  countries  in the management  of  their  respective  forests, 

3 . 

Also note  the national  commitments  individual  Governments  have made  to 
the  sustainable management  of their  forests by  the year 2000, 

4 . 

5. 

Further note  the  international  initiatives  already  taken  towards 
sustainable  management  of  forests, as well as  those  that  could  be 
undertaken  in the future, and 

Are  conscious of the desirability of having  all  timber-producing 
countries meet  comparably  high standards  of sustainable  forest 
management. 

6. 

Affirm  therefore  that: 

All  States  listed below commit  to implement  appropriate  guidelines 
and  criteria  for sustainable management  of  their  forests  comparable 
to those developed by the International  Tropical  Timber 
Organization; 

Those  States which have already  achieved  a high  standard  of 
sustainable  management  of their  forests  commit  to maintain  and 
enhance  the sustainable management  of  their  forests; 

Other  States commit  to the national  objective  of  achieving 
sustainable  management  of their  forests  by  the year  2000;  and 

Appropriate  resources  should be provided  to developing  consuming 
countries  to enable  them to achieve  the objective  of  sustainable 
forest  management. 

7. 

Request  the  Secretary-General  of the United Nations  Conference  on Trade 
and Development  to publish and circulate  this Statement  together  with  the 
official  documents of  the Conference. 

Australia,  Austria, Canada,  China,  European  Community, 
Belgium/Luxembourg, Denmark,  France, Germany,  Greece,  Ireland,  Italy, 
Netherlands,  Portugal, Spain, United  Kingdom  of Great  Britain  and 
Northern  Ireland,  Finland,  Japan, New Zealand,  Norway,  Republic  of  Korea, 
Russian  Federation,  Sweden, Switzerland,  United  States of America. 

A? 

RESOLUTION ADOPTED BY THE  CONFERENCE 

The United  Nations Conference  for the Negotiation  of a  Successor 

Agreement  to the  International  Tropical  Timber Agreement, 1983. 

Having met  in Geneva  from  13 to 16 April  1993, 21 to 25 June  1993, 4 to 

15 October  1993  and  from  10 to 26 January 1994, 

Expressing  its gratitude  for the facilities and services provided by the 

Secretary-General  of UNCTAD, 

Recording  its appreciation  of  the contribution  made by  the President  of 

the Conference  and by  its other officers, as well as by  the  secretariat, 

Having  established  the text of  the  International  Tropical  Timber 

Agreement,  1994, in Arabic, Chinese, English,  French, Russian  and Spanish, 

1. 

Requests  the Secretary-General  of  the United  Nations  to  forward 

copies of  the  text of  the Agreement  to all Governments  and  intergovernmental 
organizations  invited  to the Conference  for their  consideration; 

2 . 

Requests  the Secretary-General  of  the United  Nations  to arrange  for 

the Agreement  to be open  for signature  at United Nations Headquarters  in 
New York during  the period  laid down  in article  38 of  the Agreement; 

3 . 

Draws attention  to the procedures  available  to States and  to 

intergovernmental  organizations  referred  to in article  5 of  the Agreement  to 
become parties  to the International  Tropical  Timber Agreement,  1994,  and 
invites  them  to deposit  the appropriate  instruments  to this  end. 

14th  (closing) plenary meeting 

26 January  19 94 

M 

INTERNATIONAL  TROPICAL TIMBER AGREEMENT,  1994  -

CONTENTS 

PREAMBLE 

Articles 

1. 

Objectives 

2. 

Definitions 

CHAPTER  I.  OBJECTIVES 

CHAPTER  II.  DEFINITIONS 

CHAPTER  III.  ORGANIZATION  AND  ADMINISTRATION 

3 . 

4. 
5. 

Headquarters  and structure of the International  Tropical  Timber 
Organization 
Membership  in the Organization 
Membership  by intergovernmental  organizations 

CHAPTER  IV.  INTERNATIONAL  TROPICAL  TIMBER  COUNCIL 

6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 

Composition  of  the International  Tropical  Timber  Council  . . . 
Powers and  functions of the Council 
Chairman  and Vice-Chairman of  the Council 
Sessions  of the Council 
Distribution  of votes 
Voting  procedure  of  the Council 
Decisions  and recommendations  of  the Council 
Quorum  for the Council 
Cooperation  and coordination with other organizations 
Admission  of observers 
Executive  Director and  staff 

. . .. 

CHAPTER  V.  PRIVILEGES AND  IMMUNITIES 

17. 

Privileges  and  immunities 

CHAPTER VI.  FINANCE 

18. 
19. 
20. 
21. 
22 
23. 

Financial  accounts 
Administrative  Account 
Special  Account 
The Bali  Partnership  Fund 
Forms  of payment 
Audit  and publication  of accounts 

%o 

CONTENTS  (continued) 

CHAPTER VII.  OPERATIONAL  ACTIVITIES 

24. 
25. 
26. 
27. 

Policy work of  the Organization 
. . . 
Project  activities  of  the  Organization 
Establishment  of Committees 
. . . . . 
Functions  of the Committees 

CHAPTER  VIII.  RELATIONSHIP  WITH THE COMMON FUND  FOR  COMMODITIES 

28. 

Relationship  with  the Common  Fund for Commodities 

CHAPTER  IX.  STATISTICS, STUDIES AND  INFORMATION 

29. 
30. 

Statistics,  studies and  information 
Annual  report  and  review 

31. 
32. 
33. 
34. 
3 5 . 
36. 

3 7 
38. 
39. 
40. 
41. 
4 2 . 
4 3 . 

45. 

46. 
4n. 
4?. 

A. 

E. 

CHAPTER  X.  Miscellaneous 

Complaints  and disputes 
General  obligations  of members 
Relief  from obligations 
Differential  and  remedial  measures and special  measures 
Review 
Non-discrimination 

CHAPTER  XI.  FINAL  PROVISIONS 

Depositary 
Signature,  ratification,  acceptance  and  approval 
Accession 
Notification  of provisional  application 
Entry  into  force 
Amendments 
Withdrawal 

. . 

• 

Settlement  of  accounts  with withdrawing  or excluded  members 
or members  unable  to accept  an amendment 
Duration,  extension, and  termination 
Reservations 
;-or.-Dl ementarv  and  transitional provisions 

. . .. 

. .. 

ANNEXES 

List  of  rrod'j'~ i r.'T covntr: es v:th  tropical  forest  resource... 
and/or  net  exporters  of  tropical  timber  in volume  terms, and 
allocation  of  votes  tor  the purposes  of article  4 1 

List  of  consuming  countries  and  allocation  of votes  for the 
purposes  of  article  4 1 

a. A 

The  Parties  to this Agreement, 

PREAMBLE 

Recalling  the Declaration  and the Programme  of Action on  the 

Establishment  of A New  International  Economic Order;  the  Integrated  Programme 
for Commodities;  A New  Partnership  for Development;  the Cartagena  Commitment 
and  the  relevant  objectives  contained  in the Spirit  of  Cartagena, 

Recalling  the  International  Tropical  Timber  Agreement,  1983, and 

recognizing  the work of  the  International  Tropical  Timber  Organization  and  its 
achievements  since  its  inception,  including  a strategy  for  achieving 
international  trade  in tropical  timber  from  sustainably  managed  sources, 

Recalling  further  the Rio Declaration  on Environment  and Development,  the 

Non-Legally Binding Authoritative  Statement  of  Principles  for a Global 
Consensus  on  the Management,  Conservation  and  Sustainable  Development  of  all 
Types  of  Forests,  and  the  relevant  Chapters of Agenda  21 as adopted  by  the 
United  Nations  Conference  on Environment  and Development  in June  1992,  in 
Rio de Janeiro;  the United Nations  Framework  Convention  on Climate  Change;  and 
the Convention  on Biological  Diversity, 

Recognizing  the  importance  of timber  to the economies  of  countries  with 

timber-producing  forests, 

Further  recognizing  the need  to promote  and  apply  comparable  and 

appropriate  guidelines  and criteria  for the management,  conservation  and 
sustainable  development  of all  types of timber-producing  forests, 

Taking  into account  the linkages of  tropical  timber  trade and  the 
international  timber  market  and  the need  for taking  a global  perspective  in 
order  to  improve  transparency  in the  international  timber market, 

Noting  the commitment  of all members, made  in Bali,  Indonesia,  in 

May  1990,  to achieve  exports of  tropical  timber  products  from  sustainably 
managed  sources  by  the year  2000 and  recognizing  Principle  10 of  the 
Non-Legally  Binding  Authoritative  Statement  of  Principles  for a Global 
Consensus  on the Management,  Conservation  and Sustainable  Development  of  all 
Types of  Forests which  states  that new and additional  financial  resources 
should be provided  to developing  countries  to enable  them  to  sustainably 
manage,  conserve  and develop  their  forests, including  through  afforestation, 
reforestation  and  combating  deforestation and  forest  and  land  degradation, 

Noting  also  the statement  of commitment  to maintiiin, or achieve  by  the 

year  2000,  the  sustainable management  of  their  respective  forests made bv 
consuming  members who are parties  to the International  Tropical  Timber 
Agreement,  1983 at  the  fourth  session of  the United  i\ai jons  Confer encc; for  the 
Negotiation  of  a Successor Agreement  to the  International  Tropical  Timber 
Agreement,  1983  in Geneva  on  21 January  1994, 

Desiring  to strengthen  the  framework  of  international  cooperation  and 

policy  development  between  members  in finding  solutions  to the problems  facing 
the tropical  timber  economy, 

Have agreed  as  follows: 

£1 

CHAPTER  I:  OBJECTIVES 

Article  1 

Objectives 

Recognizing  the  sovereignty  of  members  over  their  natural  resources,  as 
defined  in  Principle  1  (a)  of  the  Non-Legally  Binding  Authoritative  Statement 
of  Principles  for  a  Global  Consensus  on  the  Management,  Conservation  and 
Sustainable  Development  of  all  Types  of  Forests,  the  objectives  of  the 
International  Tropical  Timber  Agreement,  1994  (hereinafter  referred  to  as 
"this  Agreement")  are: 

(a) 

To  provide  an  effective  framework  for  consultation,  international 

cooperation  and  policy  development  among  all  members  with  regard  to  all 
relevant  aspects  of  the  world  timber  economy; 

(b) 

To  provide  a  forum  for  consultation  to  promote  non-discriminatory 

timber  trade  practices; 

(c) 

To  contribute  to  the  process  of  sustainable  development; 

(d) 

To  enhance  the  capacity  of  members  to  implement  a  strategy  for 
achieving  exports  of  tropical  timber  and  timber  products  from  sustainably 
managed  sources  by  the  year  2000; 

(e) 

To  promote  the  expansion  and  diversification  of  international  trade 

in  tropical  timber  from  sustainable  sources  by  improving  the  structural 
conditions  in  international  markets,  by  taking  into  account,  on  the  one  hand, 
a  long-term  increase  in  consumption  and  continuity  of  supplies,  and,  on  the 
other,  prices  which  reflect  the  costs  of  sustainable  forest  management  and 
which  are  remunerative  and  equitable  for  members,  and  the  improvement  of 
market  access; 

(f) 

To  promote  and  support  research  and  development  with  a  view  to 
improving  forest  management  and  efficiency  of  wood  utilization  as  well  as 
increasing  the  capacity  to  conserve  and  enhance  other  forest  values  in  timber 
producing  tropical  forests; 

(g) 

To  develop  and  contribute  towards  mechanisms  for  the  provision  f 

new  and  additional  financial  resources  and  expertise  needed  to  enhance  the 
capacity  of  producing  members  to  attain  the  objectives  of  this  Agreement: 

(h) 

To  improve  market  intelligence  with  a  view  to  ensuring  greater 
transparency  in  the  international  timber  market,  including  the  gathering, 
ocvri 1 -i t ion,  ~-ind dissemination  of  trade  related  data,  incltiding  data  relat-:.i 
;- o  s n e c i *" s  ' " e i : -. •-- t r a  ~i e d • 

(I) 

To  promote  increased  and  further  processing  of  tropical  timber  from 

sustainable  sources  in  producing  member  countries  with  a  view  to  promoting 
their  industrialization  and  thereby  increasing  their  employment  opportunities 
and  export  earnings; 

#3 

(j)  To encourage members  to support and develop  industrial  tropical 

timber  reforestation  and  forest management  activities  as well as 
rehabilitation  of degraded  forest  land, with due regard  for the  interests  of 
local  communities  dependent  on  forest  resources; 

(k)  To  improve marketing  and distribution of  tropical  timber  exports 

from sustainably  managed sources; 

(1)  To encourage members  to develop national policies  aimed at 

sustainable  utilization and conservation of timber producing  forests and  their 
genetic  resources  and at maintaining  the ecological  balance  in the  regions 
concerned,  in the  context  of  tropical  timber trade; 

(m)  To promote  the access  to, and transfer of, technologies  and 

technical  cooperation  to implement  the objectives of  this Agreement,  including 
on concessional  and preferential  terms and conditions, as mutually agreed;  and 

(n)  To encourage  information-sharing on the  international  timber 

market. 

Stk 

CHAPTER  II. 

DEFINITIONS 

Article 2 

Definitions 

For the purposes  of this Agreement : 

"Tropical  timber" means non-coniferous tropical wood  for  industrial uses, 

1. 
which grows or  is produced  in the countries  situated between  the Tropic of 
Cancer  and  the Tropic of Capricorn.  The term covers  logs, sawnwood,  veneer 
sheets  and plywood.  Plywood which includes  in some measure  conifers  of 
tropical origin  shall also be covered by this definition; 

2. 
"Further processing" means the transformation  of  logs  into primary  wood 
products,  semi-finished and finished products made wholly or almost  wholly of 
tropical  timber; 

"Member" means a Government  or an intergovernmental  organization  referred 

3. 
to  in article  5 which has consented  to be bound by this Agreement  whether  it 
is  in  force provisionally  or definitively; 

"Producing  member" means any country with tropical  forest  resources 

4. 
and/or  a net  exporter of tropical  timber  in volume  terms which  is listed in 
annex  A and which becomes  a party to this Agreement,  or any country  with 
tropical  forest  resources  and/or a net  exporter of  tropical  timber  in volume 
terms  which  is not  so listed and which becomes a party  to this Agreement  and 
which  the Council, with the consent  of that  country,  declares  to be a 
producing  member; 

"Consuming member" means any country  listed  in annex 3 which becomes a 

5. 
party  to this Agreement,  or any country not  so listed  which becomes  a party  to 
this Agreement  and which  the Council, with  the consent  of  that  country, 
declares  to be a consuming member; 

6. 
established  in accordance with article 3; 

"Organization" means the International  Tropical  Timber  Organization 

7. 
accordance  with article  6 ; 

"Council" means  the  International  Tropical  Timber  Council  established  in 

8. 
"Special  vote" means a vote requiring  at least  two thirds of  the votes 
cast  by producing  members present  and voting and at  least  60 per  cent  of the 
votes  cast by  consuming members present  and voting,  counted  separately,  on 
condition  that  these votes are cast by at  least half  of  the producing  members 
present  and voting  and at  least half of  the consuming  members  present  and 
voting,-

8" 

"Simple distributed  majority vote" means a vote  requiring  more  than half 

9. 
of  the votes  cast by producing  members present and voting and more  than  half 
of  the votes  cast by consuming members present and voting,  counted  separately; 

"Financial  year" means the period  from  1 January  to 31 December 

10. 
inclusive; 

"Freely usable  currencies" means the deutsche mark,  the French  franc,  the 

11. 
Japanese yen,  the pound  sterling,  the United  States dollar and any  other 
currency which has been designated  from time to time by a  competent 
international  monetary organization as being  in fact widely used  to make 
payments  for  international  transactions  and widely  traded  in the  principal 
exchange  markets. 

£6 

- 19 -

CHAPTER  III.  ORGANIZATION AND  ADMINISTRATION 

Article 3 

Headquarters  and structure of the  International 
Tropical  Timber  Organization 

1. 
The  International  Tropical Timber Organization established  by the 
International  Tropical Timber Agreement,  1983 shall continue  in being  for the 
purposes  of administering  the provisions  and supervising  the operation of  this 
Agreement. 

The Organization  shall  function  through the Council  established  under 

2 . 
article  6,  the committees and other  subsidiary bodies  referred  to in 
article  26 and  the Executive Director  and staff. 

The headquarters  of  the Organization  shall be  in Yokohama, unless  the 

3. 
Council, by  special vote, decides otherwise. 

The headquarters  of  the Organization  shall at all  times be located  in the 

4. 
territory of a member. 

Article 4 

Membership  in the  Organization 

There  shall be two categories of membership  in the Organization, namely: 

(a)  Producing; and 

(b)  Consuming. 

Article 5 

Membership by  intergovernmental  organizations 

Any  reference  in this Agreement  to  "Governments" shall be construed  as 

1. 
including  the European Community  and any other  intergovernmental  organization 
having  responsibilities  in respect of  the negotiation, conclusion and 
application  of  international  agreements,  in particular  commodity agreements. 
Accordingly,  any reference  in this Agreement  to signature, ratification, 
acceptance  or approval, or to notification  of provisional  application, or to 
accession  shall, in the case of such intergovernmental organizations, be 
construed  as  including  a reference  to signature, ratification, acceptance or 
approval,  or to notification  of provisional  application, or to accession, by 
such  intergovernmental  organizations. 

In the case of voting on matters within  their competence,  such 

2. 
intergovernmental  organizations  shall vote with a number of votes equal  to the 
total number of votes attributable  to their member States  in accordance  with 
article  10.  In such cases, the member States of such  intergovernmental 
organizations  shall not be entitled  to exercise  their  individual  voting 
rights. 

£t 

CHAPTER  IV.  INTERNATIONAL  TROPICAL TIMBER  COUNCIL 

Article 6 

Composition  of  the international  Tropical Timber  Council 

The highest  authority  of the Organization  shall  be the  International 

1. 
Tropical  Timber  Council, which shall  consist  of all the members  of  the 
Organization. 

Each member  shall be represented  in the Council by one  representative  and 

2. 
may  designate  alternates and advisers  to attend sessions of  the Council. 

3. 
An alternate  representative  shall be empowered  to act and vote on behalf 
of  the  representative  during the latter's absence or in special  circumstances. 

Article 7 

Powers and  functions of the Council 

1. 
The  Council  shall  exercise all such powers and perform  or arrange  for the 
performance  of  all  such  functions as are necessary  to carry out  the provisions 
of  this Agreement. 

The Council  shall, by special vote, adopt such rules  and  regulations  as 

2. 
are necessary  to carry out the provisions of this Agreement  and as are 
consistent  therewith,  including  its own rules of procedure  and  the  financial 
rules  and  staff  regulations of  the Organization.  Such financial  rules shall, 
inter alia, govern  the receipt and expenditure of funds under  the 
Administrative  Account,  the Special Account and the Bali  Partnership  Fund. 
The  Council  may,  in its rules cf procedure, provide  for a procedure whereby it 
may,  without  meeting,  decide specific questions. 

3. 
of  its  functions  under  this Agreement. 

The Council  shall keep such records as are required  for  the  performance 

Article 8 

t Chairman and Vice-chairman of the Council 

1. 
The Council  shall elect  for each calendar year a Chairman  and a 
Vice-chairman,  whose  salaries shall not be paid by the Organization. 

The  Chairman  and  the Vice-Chairman  shall be elected,  one  from among  the 

2. 
representatives  of producing  members and the other  from among  the 
representatives  of  consuming members.  These offices  shall  alternate  each year 
between  the  two  categories cf members, provided, however,  that  this  shall not 
prohibit  the  re-election  of either or both, under exceptional  circumstances, 
by  special  vote  of  the Council. 

In the  temporary  absence of  the Chairman,  the Vice-chairman  shall  act in 

3. 
his place.  In  the  temporary  absence of both the Chairman  and  the 
Vice-chairman,  or  in the absence of one or both of them  for the  rest of the 
term  for which  they were elected,  the Council  may elect  new officers  from 

£8 

among  the  representatives  of  the  producing  members  and/or  from  among  the 
representatives  of  the  consuming  members,  as  the  case  may  be,  on  a  temporary 
basis  or  for  the  rest  of  the  term  for  which  the  predecessor  or  predecessors 
were  elected. 

Article  9 

Sessions  of  the  Council 

As  a  general  rule,  the  Council  shall  hold  at  least  one  regular  session  a 

1. 
year. 

The  Council  shall  meet  in  special  session  whenever  it  so  decides  or  at 

2. 
the  request  of: 

(a) 

The  Executive  Director,  in  agreement  with  the  Chairman  of  the 

Council;  or 

(b) 

A  majority  of  producing  members  or  a  majority  of  consuming 

members ; or 

(c) 

Members  holding  at  least  500  votes. 

3. 
Sessions  of  the  Council  shall  be  held  at  the  headquarters  of  the 
Organization  unless  the  Council,  by  special  vote,  decides  otherwise.  If  on 
the  invitation  of  any  member  the  Council  meets  elsewhere  than  at  the 
headquarters  of  the  Organization,  that  member  shall  pay  the  additional  cost  of 
holding  the  meeting  away  from  headquarters. 

Notice  of  any  sessions  and  the  agenda  for  such  sessions  shall  be 

4. 
communicated  to  members  by  the  Executive  Director  at  least  six  weeks  in 
advance,  except  in  cases  of  emergency,  when  notice  shall  be  communicated  at 
least  seven  days  in  advance. 

Article  10 

Distribution  of  votes 

The  producing  members  shall  together  hold  1,000  votes  and  the  consuming 

1. 
members  shall  together  hold  1,000  votes. 

2. 

The  votes  of  the  producing  members  shall  be  distributed  as  follows: 

(a) 

Four  hundred  votes  shall  be  distributed  equally  among  the  three 

producing  regions  of  Africa,  Asia-Pacific  and  Latin  America.  The  votes  thus 
allocated  to  each  of  these  regions  shall  then  be  distributed  equally  among  the 
producing  members  of  that  region; 

(b) 

Three  hundred  votes  shall  be  distributed  among  the  producing 
members  in  accordance  with  their  respective  shares  of  the  total  tropical 
forest  resources  of  all  producing  members;  and 

£<* 

(c)  Three  hundred  votes shall be distributed  among  the  producing 

members  in proportion  to the average of the values  of  their  respective  net 
exports  of  tropical  timber  during  the most  recent  three-year  period  for which 
definitive  figures  are available. 

Notwithstanding  the provisions of paragraph  2 of  this  article,  the  total 

3. 
votes  allocated  to the producing members  from  the African  region,  calculated 
in accordance  with paragraph  2 of this article,  shall  be distributed  equally 
among  all producing  members  from the African  region.  If there  are any 
remaining  votes,  each of  these votes shall be allocated  to a producing  member 
from  the African  region:  the first  to the producing  member  which  is allocated 
the highest  number  of votes calculated  in accordance  with  paragraph  2 of  this 
article,  the  second  to the producing member  which  is allocated  the  second 
highest  number  of  votes,  and so on until all  the remaining  votes have been 
distributed. 

4 . 
For purposes  of  the calculation  of  the distribution  of votes  under 
paragraph  2  (b) of  this article,  "tropical  forest  resources" means  productive 
closed  broadleaved  forests as defined by the  Food  and Agriculture  Organization 
(FAO) . 

The votes  of  the consuming members  shall  be distributed  as  follows:  each 

5. 
consuming  member  shall  have  10 initial votes:  the  remaining  votes  shall  be 
distributed  among  the consuming  members  in proportion  to the  average  volume of 
their  respective  net  imports  of tropical  timber  during' the  three-year  period 
commencing  four  calendar  years prior  to the distribution  of  votes. 

The Council  shall distribute  the votes  for each  financial  year at  the 

6. 
beginning  of  its  first  session of that year  in accordance  with  the  provisions 
of  this article.  Such distribution  shall  remain  in effect  for  the rest of 
that  year,  except  as provided  for  in paragraph  7 of  this  article. 

Whenever  the membership  of the Organization  changes  or when  any  member 

7 . 
has  its voting  rights  suspended  or restored  under  any provision  cf  this 
Agreement,  the Council  shall  redistribute  the votes  within  the  affected 
category  or categories  of members  in accordance  with  the provisions  of  this 
article.  The Cour.cii shall,  in that  event,  decide  when  such  redistribution 
shall  become  effective. 

8. 

There  shall  be no  fractional votes. 

Article  11 

Voting procedure  of  the  Council 

Each member  shall be entitled  to cast  the number  of  votes  it holds  and no 

1. 
member  shall  be  entitled  to oivide  its votes.  A member may,  however,  cast 
differently  from  such votes any votes which  it  is authorized  to cast  under 
paragraph  2 of  this article. 

By written  notification  to the Chairman  of  the Council, any  producing 

2. 
member  may authorize, under  its own responsibility,  any other  producing 

T JO 

member, and any consuming member may authorize, under its own responsibility, 
any other consuming member, to represent its interests and to cast its votes 
at any meeting of the Council. 

3. 

When abstaining, a member shall be deemed not to have cast its votes. 

Article 12 

Decisions and recommendations of the Council 

The Council shall endeavour to take all decisions and to make all 

1. 
recommendations by consensus.  If consensus cannot be reached, the Council 
shall take all decisions and make all recommendations by a simple distributed 
majority vote, unless this Agreement provides for a special vote. 

Where a member avails itself of the provisions of article 11, 

2. 
paragraph 2, and its votes are cast at a meeting of the Council, such member 
shall, for the purposes of paragraph 1 of this article, be considered as 
present and voting. 

Article 13 

Quorum for the Council 

The quorum for any meeting of the Council shall be the presence of a 

1. 
majority of members of each category referred to in article 4, provided that 
such members hold at least two thirds of the total votes in their respective 
categories. 

If there is no quorum in accordance with paragraph 1 of this article on 

2. 
the day fixed for the meeting and on the following day, the quorum on the 
subsequent days of the session shall be the presence of a majority of members 
of each category referred to in article 4, provided that such members hold a 
majority of the total votes in their respective categories. 

Representation in accordance with article 11, paragraph 2, shall be 

3. 
considered as presence. 

Article 14 

Cooperation and coordination with other organizations 

The Council shall make arrangements as appropriate for consultations and 

1. 
cooperation with the United Nations and its organs, including the 
United Nations Conference on Trade and Development  (UNCTAD) and the Commission 
on Sustainable Development  (CSD), intergovernmental organizations, including 
the General Agreement on Tariffs and Trade  (GATT) and the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora  (CITES), and 
non-governmental organizations. 

The Organization shall, to the maximum extent possible, utilize the 
2. 
facilities, services and expertise of existing intergovernmental, governmental 

^ >i 

or non-governmental  organizations, in order  to avoid duplication-of efforts  in 
achieving  the objectives of this Agreement  and  to enhance  the  complementarity 
and  the efficiency  of their activities. 

Article  15 

Admission of  observers 

The Council may invite any non-member Government  or any of  the 

organizations  referred  to in article  14, article  20 and article  29,  interested 
in the activities of the Organization  to attend as observers  any of  the 
meetings  of  the Council. 

Article 16 

Executive Director and  staff 

1. 

The Council  shall, by special vote, appoint  the Executive  Director. 

The  terms and conditions of appointment  of the Executive Director  shall 

2. 
be determined by  the Council. 

The Executive Director  shall be the chief administrative  officer of  the 

3. 
Organization  and  shall be responsible  to the Council  for the  administration 
and operation of  this Agreement  in accordance with decisions  of  the Council. 

The Executive Director shall appoint  the staff  in accordance  with 
4. 
regulations  to be established by the Council.  The Council  shall, by  special 
vote,  decide  the number of executive and professional  staff  the  Executive 
Director may appoint.  Any changes  in the number of executive  and  professional 
staff  shall be decided by the Council by special vote.  The staff  shall be 
responsible  to the Executive Director. 

Neither  the Executive Director nor any member of the staff  shall have any 

5. 
financial  interest  in the timber  industry or trade, or associated  commercial 
activities. 

In the performance  of their duties, the Executive  Director  and  staff 

6. 
shall  not  seek or receive instructions  from any member or from any  authority 
external  to the Organization.  They  shall  refrain  from any action which might 
reflect  adversely  on their positions  as international  officials  ultimately 
responsible  to the Council.  Each member  shall  respect  the  exclusively 
international  character of the responsibilities  of the Executive  Director  and 
staff  and  shall  not  seek  to influence  them  in the discharge of  their 
responsibilities. 

T>SL 

CHAPTER V.  PRIVILEGES AND  IMMUNITIES 

Article  17 

Privileges and  immunities 

The Organization  shall have legal personality.  It shall  in particular 

1. 
have  the capacity  to contract, to 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 Japan shall continue  to be governed by  the 
Headquarters Agreement  between  the Government  of Japan and  the  International 
Tropical  Timber Organization  signed at Tokyo on 27 February  1988, with  such 
amendments  as may be necessary  for the proper  functioning  of  this Agreement. 

The Organization may conclude, with one or more  countries,  agreements 

3. 
to be approved  by the Council  relating  to such capacity, privileges  and 
immunities  as may be necessary  for the proper functioning  of  this Agreement. 

If the headquarters  of the Organization  is moved  to another  country,  the 

4. 
member  in question  shall, as soon as possible, conclude  with  the  Organization 
a  headquarters  agreement  to be approved by the Council.  Pending  the 
conclusion  of  such an agreement, the Organization  shall  request  the new  host 
Government  to grant, within the limits of  its national  legislation,  exemption 
from  taxation  on remuneration paid by the Organization  to its employees, and 
on the assets, income and other property of the Organization. 

The Headquarters Agreement  shall be independent  of  this Agreement.  It 

5. 
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  country  of  the  host  Government;  or 

(c) 

In  the  event  of  the  Organization  ceasing  to  exist. 

^3 

CHAPTER  VI.  FINANCE 

Article  18 

Financial  accounts 

1. 

There  shall  be  established: 

(a) 

The  Administrative  Account; 

(b) 

The  Special  Account; 

(c) 

The  Bali  Partnership  Fund;  and 

(d) 

Such  other  accounts  as  the  Council  shall  deem  appropriate  and 

necessary. 

The  Executive  Director  shall  be  responsible  for  the  administration  of 

2. 
these  accounts  and  the  Council  shall  make  provision  therefor  in  the  financial 
rules  of  the  Organization. 

Article  19 

Administrative  Account 

The  expenses  necessary  for  the  administration  of  this  Agreement  shall 

1. 
be  brought  into  the  Administrative  Account  and  shall  be  met  by  annual 
contributions  paid  by  members  in  accordance  with  their  respective 
constitutional  or  institutional  procedures  and  assessed  in  accordance 
with  paragraphs  3,  4  and  5 of  this  article. 

2. 
The  expenses  of  delegations  to  the  Council,  the  committees  and  any  other 
subsidiary  bodies  of  the  Council  referred  to  in  article  26  shall  be  met  by  the 
members  concerned.  In  cases  where  a  member  requests  special  services  from  the 
Organization,  the  Council  shall  require  that  member  to  pay  the  costs  of  such 
services. 

3. 
Before  the  end  of  each  financial  year,  the  Council  shall  approve  the 
administrative  budget  of  the  Organization  for  the  following  financial  year  and 
shall  assess  the  contribution, of  each  member  to  that  budget. 

The  contribution  cf  each  member.to  the  administrative  budget  for  e-  n 

4. 
financial  year  shall  be  in  the  proportion  which  the  number  of  its  votes  at th--> 
time  the  administrative  budget  for  that  financial  year  is  approved  boars  to 
the  total  votes  of  all  the  members.  In  assessing  contributions,  the  votes  of 
each  member  shall  he  calculated  without  regard  to  the  suspension  of  any 
member's  voting  rights  or  any  redistribution  of  votes  resulting  therefrom. 

The  initial  contribution  of  any  member  joining  the  Organization  after  trie 

5. 
entry  into  force  of  this  Agreement  shall  be  assessed  by  the  Council  on  the 
basis  of  the  number  of  votes  to  be  held  by  that  member  and  the  period 
remaining  in  the  current  financial  year,  but  the  assessment  made  upon  other 
members  from  the  current  financial  year  shall  not  thereby  be  altered. 

^ 

Contributions  to  administrative  budgets  shall  become  due-on  the  first  day 

6. 
of  each^financial  year.  Contributions  of  members  in  respect  of  the  financial 
year  in  which  they  join  the  Organization-shall  be  due  on  the  date  on  which 
they  become  members. 

If  a  member  has  not  paid  its  full  contribution  to  the  administrative 

7. 
budget  within  four  months  after  such  contribution  becomes  due  in  accordance 
with  paragraph  6  of  this  article,  the  Executive  Director  shall  request  that 
member  to  make  payment  as  quickly  as  possible.  If  that  member  has  still  not 
paid  its  contribution  within  two  months  after  such  request,  that  member  shall 
be  requested  to  state  the  reasons  for  its  inability  to  make  payment.  If  at 
the  expiry  of  seven  months  from  the  due  date  of  contribution,  that  member  has 
still  not  paid  its  contribution,  its  voting  rights  shall  be  suspended  until 
such  time  as  it  has  paid  in  full  its  contribution,  unless  the  Council,  by 
special  vote,  decides  otherwise.  If,  on  the  contrary,  a  member  has  paid  its 
full  contribution  to  the  administrative  budget  within  four  months  after  such 
contribution  becomes  due  in  accordance  with  paragraph  6  of  this  article,  the 
member's  contribution  shall  receive  a  discount  as  may  be  established  by  the 
Council  in  the  financial  rules  of  the  Organization. 

A  member  whose  rights  have  been  suspended  under  paragraph  7  of  this 

8. 
article  shall  remain  liable  to  pay  its  contribution. 

Article  20 

Special  Account 

1. 

There  shall  be  established.two  sub-accounts  under  the  Special  Account: 

(a) 

The  Pre-Project  Sub-Account;  and 

(b) 

The  Project  Sub-Account. 

2. 

The  possible  sources  of  finance  for  the  Special  Account  may  be: 

(a) 

The  Common  Fund  for  Commodities; 

(b) 

Regional  and  international  financial  institutions;  and 

(c) 

Voluntary  contributions. 

The  resources  of  the  Special  Account  shall  be  used  only  for  approved 

3. 
pre-projects  or  projects. 

All  expenditures  under  the  Pre-Project  Sub-Account  shall  be  reimbursed 

4. 
from  the  Project  Sub-Account  if  projects  are  subsequently  approved  and  funded. 
If  within  six  months  of  the  entry  intc  force  or  this  Agreement  the  Council 
dees  not  receive  any  funds  for  the  Pre-Project  Sub-Account,  it  shall  review 
the  situation  and  take  appropriate  action. 

All  receipts  pertaining  to  specific  identifiable  pre-projects  or 
5. 
projects  under  the  Special  Account  shall  be  brought  into  that  Account.  All 
expenditures  incurred  on  such  pre-projects  or  projects,  including  remuneration 
and  travel  expenses  of  consultants  and  experts,  shall  be  charged  to  the  same 
Account. 

^r 

The  Council  shall, by special vote, establish  terms  and  conditions  on 

6. 
which  it would,  when and where appropriate,  sponsor projects  for  loan 
financing,  where  a member  or members have voluntarily  assumed  full  obligations 
and  responsibilities  for such  loans.  The Organization  shall  have no 
obligations  for  such loans. 

The  Council  may nominate and sponsor any entity with  the consent  of  that 

7. 
entity,  including  a member or members,  to receive  loans  for  the  financing  of 
approved projects  and  to undertake all the obligations  involved,  except  that 
the Organization  shall  reserve  to itself  the right  to monitor  the use of 
resources and  to  follow up on the implementation  of projects  so  financed. 
However,  the Organization  shall not be responsible  for guarantees  voluntarily 
provided  by  individual  members  or other entities. 

No member  shall be responsible by reason of  its membership  in the 
8. 
Organization  for any liability arising  from borrowing  or  lending  by any  other 
member  or entity  in connection with projects. 

In the event  that voluntary unearmarked funds are offered  to the 
9. 
Organization,  the Council may accept  such funds.  Such  funds may be  utilized 
for approved  pre-projects  and projects. 

10.  The  Executive  Director  shall endeavour  to seek,  on such  terms  and 
conditions  as the Council may decide, adequate  and assured  finance  for 
pre-projects  and projects  approved by the Council. 

11.  Contributions  for specified  approved projects  shall  be used  only  for the 
projects  for which  they were originally  intended,  unless  otherwise  decided  by 
the Council  in agreement  with  the contributor.  After  the  completion  of a 
project,  the Organization  shall  return to each contributor  for  specific 
projects  the balance  of any  funds remaining  pro  rata  to each  contributor's 
share  in the  total  of  the contributions  originally made  available  for 
financing  that project, unless otherwise  agreed  to by  the  contributor. 

Article  21 

The Bali Partnership  Fund 

A  Fund  for sustainable management  of tropical  timber producing  forests 

1. 
is hereby established  to assist producing members  to make  the  investments 
necessary  to achieve  the objective of article  1  (d) of  this Agreement. 

2. 

The  Fund  shall be constituted by: 

(a) 

Contributions  from  donor  members ; 

(b) 

Fifty  per  cent  of  income  earned  as  a  result  of  activities  related 

to  the  Special  Account ; 

(c) 

Resources  from  other  private  and  public  sources  which  the 

Organization  may  accept  consistent  with  its  financial  rules. 

^>G 

Resources  of  the Fund shall be allocated by the Council  only  for 

3. 
pre-projects  and projects  for the purpose  set out  in paragraph  1 of  this 
article  and approved  in accordance  with article 25. 

4. 

In allocating  resources of  the Fund,  the Council  shall  take  into account: 

(a) 

The  special  needs  of  members  whose  forestry  sectors'  contribution 

to  their  economies  is  adversely  affected  by  the  implementation  of  the  strategy 
for  achieving  the  exports  of  tropical  timber  and  timber  products  from 
sustainably  managed  sources  by  the  year  2000; 

(b) 

The  needs  of  members  with  significant  forest  areas  who  establish 

conservation  programmes  in  timber  producing  forests. 

The Council  shall  examine annually  the adequacy of  the  resources 
5. 
available  to the Fund and endeavour  to obtain additional  resources needed  by 
producing  members  to achieve  the purpose of  the Fund.  The ability of members 
to implement  the  strategy  referred  to in paragraph  4  (a) of  this article  will 
be  influenced  by  the availability  of resources. 

6. 
The Council  shall establish policies  and financial  rules  for the 
operation of  the  Fund,  including  rules covering  the settlement  of accounts  on 
termination  or  expiry of this Agreement. 

Article 22 

Forms of payment 

Contributions  to the Administrative  Account  shall be payable  in  freely 

1. 
usable  currencies  and shall be exempt  from  foreign-exchange restrictions. 

Financial  contributions  to the Special Account  and  the Bali  Partnership 

2. 
Fund  shall be payable  in freely usable  currencies  and shall be exempt  from 
foreign-exchange  restrictions. 

The Council may also decide  to accept  other  forms of  contributions  to 

3. 
the Special Account  or.the Bali  Partnership  Fund,  including  scientific and 
technical  equipment  or personnel,  to meet  the  requirements  of  approved 
projects. 

Article 23 

Audit  and publication  of  accounts 

The Council  shall appoint  independent  auditors  for the purpose of 

1. 
auditing  the accounts  of  the Organization. 

Independently  audited  statements  of  the Administrative  Account, of  the 
2. 
Special Account  and of  the Bali  Partnership  Fund  shall be made  available  to 
members  as soon as possible  after  the close of each  financial  year, but  not 
later  than six months after that date, and be considered  for approval  by the 
Council  at  its next  session, as appropriate.  A summary of  the  audited 
accounts  and balance  sheet  shall  thereafter  be published. 

3? 

CHAPTER  VII.  OPERATIONAL  ACTIVITIES 

Article  24 

Policy  work  of  the  Organization 

In  order  to  achieve  the  objectives  set  out  in  article  l,  the  Organization 

shall  undertake  policy  work  and  project  activities  in  the  areas  of  Economic 
Information  and  Market  Intelligence,  Reforestation  and  Forest  Management  and 
Forest  Industry,  in  a  balanced  manner,  to  the  extent  possible  integrating 
policy  work  and  project  activities. 

Article  25 

Project  activities  of  the  Organization 

1. 
Bearing  in  mind  the  needs  of  developing  countries,  members  may  submit 
pre-project  and  project  proposals  to  the  Council  in  the  fields  of  research 
and  development,  market  intelligence,  further  and  increased  wood  processing 
in  producing  member  countries,  and  reforestation  and  forest  management. 
Pre-projects  and  projects  should  contribute  to  the  achievement  of  one  or  more 
of  the  objectives  of  this  Agreement. 

The  Council,  in  approving  pre-projects  and  projects,  shall  take  into 

2. 
account : 

(a) 

Their  relevance  to  the  objectives  of  this  Agreement; 

(b) 

Their  environmental  and  social  effects; 

(c) 

The  desirability  of  maintaining  an  appropriate  geographical 

balance; 

(d) 

The  interests  and  characteristics  of  each  of  the  developing 

producing  regions; 

(e) 

The  desirability  of  equitable  distribution  of  resources  among  the 

fields  referred  to  in  paragraph  l of  this  article; 

(f) 

Their  cost-effectiveness : and 

(g) 

The  need  to  avoid  duplication  of  efforts. 

The  Council  shall  establish  a  schedule  and  procedure  for  submitting, 

3. 
appraising,  and  prioritizing  pre-projects  and  projects  seeking  funding  from 
the  Organization,  as  well  as  for  their  implementation,  monitoring  and 
evaluation.  The  Council  snail  decide  on  the  approval  of  ore-projects- and 
projects  for  financing  or  sponsorship  in  accordance  with  article  20  or 
article  21. 

The  Executive  Director  may  suspend  disbursement  of  the  Organization's 

4. 
funds  to  a  pre-project  or  project  if  they  are  being  used  contrary  to  the 
project  document  or  in  cases  of  fraud,  waste,  neglect  or  mismanagement. 

^>S 

The  Executive Director will provide  to the Council  at  its next  session a 
report  for  its consideration.  The Council  shall  take appropriate  action. 

The Council  may, by special vote,  terminate  its sponsorship  of  any 

5. 
pre-project  or project. 

Article  26 

Establishment  of  Committees 

1. 

The  following  are hereby established  as Committees  of  the  Organization: 

(a) 

Committee  on  Economic  Information  and  Market  Intelligence; 

(b) 

Committee  on  Reforestation  and  Forest  Management; 

(c) 

Committee  on  Forest  Industry;  and 

(d) 

Committee  on  Finance  and  Administration. 

The Council  may, by special vote,  establish  such other  committees  and 

2. 
subsidiary  bodies  as it deems appropriate  and  necessary. 

Participation  in each of  the committees  shall  be open  to all  members. 

3. 
The  rules of procedure of the committees  shall be decided  by  the  Council. 

The committees  and  subsidiary bodies  referred  to  in paragraphs  1 and  2 of 

4 . 
this  article  shall be responsible  to, and work under  the general  direction  of, 
the  Council.  Meetings of the committees  and  subsidiary bodies  shall  be 
convened  by  the  Council. 

Article  27 

Functions  of  the  Committees 

1. 

The Committee  on Economic  Information  and Market  Intelligence  shall: 

(a) 

Keep  under  review  the  availability  and  quality  of  statistics  and 

other  information  required  by  the  Organization; 

(b) 

Analyse  the  statistical  data  and  specific  indicators  as  decided  by 

the  Council  for  the  monitoring  of  international  timber  trade; 

(c) 

Keep  under  continuous  review  the  international  timber  market,  its 
current  situation  and  short-term  prospects  on  the  basis  of  the  data  mentioned 
in  subparagraph  (b)  above  and  other  relevant  information,  including 
information  related  to  undocumented  trade; 

(d) 

Make  recommendations  to  the  Council  on  the  need  for,  and  nature  of, 

appropriate  studies  on  tropical  timber,  including  prices,  market  elasticity, 
market  substitutability,  marketing  of  new  products,  and  long-term  prospects  of 
the  international  tropical  timber  market,  and  monitor  and  review  any  studies 
commissioned  by  the  Council; 

3>S 

(e) 

Carry  out  any  other  tasks  related  to  the  economic,  technical  and 

statistical  aspects  of  timber  assigned  to  it  by  the  Council; 

(f) 

Assist  in  the  provision  of  technical  cooperation  to  developing 

member  countries  to  improve  their  relevant  statistical  services. 

2. 

The  Committee  on  Reforestation  and  Forest  Management  shall: 

(a) 

Promote  cooperation  between  members  as  partners  in  development  of 

forest  activities  in  member  countries,  inter  alia,  in  the  following  areas: 

(i) 

Reforestation; 

(ii) 

Rehabilitation; 

(iii) 

Forest  management; 

(b) 

Encourage  the  increase  of  technical  assistance  and  transfer  of 

technology  in  the  fields  of  reforestation  and  forest  management  to  developing 
countries; 

(c) 

Follow  up  on-going  activities  in  this  field,  and  identify  and 
consider  problems  and  possible  solutions  to  them  in  cooperation  with  the 
competent  organizations; 

(d) 

Review  regularly  the  future  needs  of  international  trade  in 

industrial  tropical  timber  and,  on  this  basis,  identify  and  consider 
appropriate  possible  schemes  and  measures  in  the  field  of  reforestation, 
rehabilitation  and  forest  management; 

(e) 

Facilitate  the  transfer  of  knowledge  in  the  field  of  reforestation 

and  forest  management  with  the  assistance  of  competent  organizations; 

(f) 

Coordinate  and  harmonize  these  activities  for  cooperation  in  the 

field  of  reforestation  and  forest  management  with  relevant  activities  pursued 
elsewhere,  such  as  those  under  the  auspices  of  the  Food  and  Agricultural 
Organization  (FAO),  the  United  Nations  Environmental  Programme  (UNEP),  the 
World  Bank,  the  United  Nations  Development  Programme  (UNDP),  regional 
development  banks  and  ether  competent  organizations. 

3. 

The  Committee  on  Forest  Industry  shall: 

(a) 

Promote  cooperation  between  member  countries  as  partners  in  the 

development  of  processing  activities  in producing  member  countries, 
inter  alia,  in  the  following  areas: 

(i) 

Product  development  through  transfer  of  technology; 

(ii) 

Human  resources  development  and  training; 

(iii) 

Standardization  of  nomenclature  of  tropical  timber,-

(iv) 

Harmonization  of  specifications  of  processed  products; 

ko 

(v) 

Encouragement  of  investment  and  joint  ventures; and 

(vi)  Marketing  including  the promotion  of  lesser known and 

lesser used  species; 

(b) 

Promote  the exchange  of  information  in order  to  facilitate 
structural  changes  involved  in increased  and further  processing  in the 
interests  of all member  countries,  in particular  developing  member  countries; 

(c) 

Follow  up on-going  activities  in this  field,  and identify and 
consider  problems  and possible  solutions  to them  in cooperation  with the 
competent  organizations; 

(d) 

Encourage  the increase  of technical  cooperation  for the  processing 

of  tropical  timber  for  the benefit  of producing  member  countries. 

In order  to promote  the policy and project work of  the Organization  in 

4. 
a balanced  manner,  the Committee on Economic  Information  and Market 
Intelligence,  the Committee on Reforestation  and  Forest Management  and 
the Committee  on  Forest  Industry shall each: 

(a)  Be  responsible  for ensuring  the effective  appraisal,  monitoring and 

evaluation  of pre-projects  and projects; 

(b) 
projects; 

Make  recommendations  to the Council  relating  to pre-projects  and 

(c) 

Follow  up the implementation  of pre-projects  and projects and 

provide  for the collection  and dissemination  of  their  results  as widely  as 
possible  for the benefit  of all members; 

(d) 

Develop  and advance  policy  ideas  to the Council; 

(e) 

Review  regularly  the results  of project  and policy  work  and make 

recommendations  to the Council  on the future  of the Organization's  programme; 

(f) 

Review  regularly  the strategies,  criteria  and priority  areas  for 

programme  development  and project  work  contained  in the Organization's  Action 
Plan  and recommend  revisions  to the Council; 

(g) 

Take  account  of the need  to strengthen  capacity-burlding  and  human 

resource  development  in member  countries; 

(h) 

Carry  out any other  task  related  to the objectives  of  this 

Agreement  assigned  to them  by the Council. 

Research and  development  shall be a common  function of  the  Committees 

5. 
referred  to  in paragraphs  1, 2, and  3 of  this article. 

6. 

The Committee  on  Finance  and Administration  shall: 

(a)  Examine  and make  recommendations  to the Council  regarding  the 

approval  of  the Organization's  administrative  budget  proposals  and  the 
management  operations  of  the Organization; 

41 

(b)  Review  the assets of the Organization  to ensure prudent  asset 
management  and  that  the Organization has sufficient  reserves  to carry out  its 
work ; 

(c)  Examine  and make recommendations  to the Council  on  the  budgetary 

implications  of  the Organization's  annual work programme, and  the actions  that 
might  be  taken  to secure the resources needed  to implement  it; 

(d)  Recommend  to the Council  the choice of  independent  auditors  and 

review  the  independent  audited statements; 

(e)  Recommend  to the Council  any modifications  it may  judge  necessary 

to the Rules of  Procedure or the Financial Rules; 

(f)  Review  the Organization's  revenues and the extent  to which  they 

constrain  the work  of the Secretariat; 

H% 

CHAPTER VIII.  RELATIONSHIP WITH THE COMMON FUND FOR COMMODITIES 

Article 28 

Relationship with the Common Fund for Commodities 

The Organization shall take full advantage of the facilities of the 

Common Fund for Commodities. 

M^ 

CHAPTER  IX.  STATISTICS,  STUDIES AND  INFORMATION 

Article 29 

Statistics,  studies and  information 

The Council  shall establish close  relationships with  relevant 

1. 
intergovernmental,  governmental  and non-governmental organizations,  in order 
to help ensure  the availability  of  recent  reliable data and  information on the 
trade  in tropical  timber,  as well  as  relevant  information on non-tropical 
timber  and on the management  of  timber  producing  forests.  As deemed  necessary 
for  the operation of  this Agreement,  the Organization,  in cooperation  with 
such organizations,  shall  compile,  collate and, where  relevant,  publish 
statistical  information on production,  supply,  trade, stocks, consumption  and 
market  prices of timber,  the extent  of  timber  resources and  the management of 
timber producing  forests. 

Members  shall,  to the fullest  extent possible not  inconsistent  with  their 

2. 
national  legislation,  furnish,  within a reasonable  time, statistics  and 
information  on timber,  its trade and  the activities aimed at  achieving 
sustainable management  of  timber producing  forests as well as other  relevant 
information  as requested by  the Council.  The Council  shall decide  on the  type 
of  information  to be provided  under  this paragraph and on the  format  in which 
it  is to be presented. 

The Council  shall arrange  to have any relevant  studies undertaken  of the 

3. 
trends and of short- and long-term problems of the international  timber 
markets and of the progress  towards  the achievement  of sustainable  management 
of timber producing  forests. 

Article  30 

Annual  report and review 

The Council  shall, within six months after the close of each  calendar 

1. 
year, publish an annual  report  on  its activities and such other  information  as 
it considers appropriate. 

2. 

The Council  shall annually  review and assess: 

(a)  The international  timber  situation; 

(b)  Other  factors, issues and developments  considered  relevant  to 

achieve  the objectives  of this Agreement. 

3. 

The  review shall be carried  out  in the light of: 

(a)  Information  supplied by members  in relation to national  production, 

trade,  supply,  stocks, consumption  and prices of timber; 

(b)  Other statistical  data and  specific  indicators provided by members 

as requested by the Council; 

^ 

(c) 

Information  supplied  by  members  on  their  progress  towards  the 

sustainable  management  of  their  timber  producing  forests; 

(d) 

Such  other  relevant  information  as  may  be  available  to  the  Council 
either  directly  or  through  the  organizations  in  the  United  Nations  system  and 
intergovernmental,  governmental  or  non-governmental  organizations. 

The Council  shall promote  the exchange of views among member  countries 

4. 
regarding : 

(a) 

The  status  of  sustainable  management  of  timber  producing  forests 

and  related  matters  in member  countries; 

(b) 

Resource  flows  and  requirements  in  relation  to  objectives,  criteria 

and  guidelines  set  by  the  Organization. 

Upon  request, the Council  shall endeavour  to enhance  the  technical 

5. 
capacity of member  countries,  in particular developing member  countries,  to 
obtain  the data  necessary  for adequate  information-sharing,  including  the 
provision  of  resources  for training and  facilities  to members. 

The results of the review shall be included  in the reports of  the 

6. 
Council's deliberations. 

^ 

CHAPTER  X.  MISCELLANEOUS 

Article  31 

Complaints  and  disputes 

Any  complaint  that  a member  has  failed  to  fulfil  its obligations  under 

this Agreement  and any dispute concerning  the  interpretation  or application  of 
this Agreement  shall be referred  to the Council  for decision.  Decisions  of 
the Council  on  these matters  shall be  final and  binding. 

Article  32 

General  obligations  of  members 

1. 
Members  shall,  for the duration of this Agreement, use  their best 
endeavours  and  cooperate  to promote  the attainment  of  its objectives  and  to 
avoid  any action  contrary  thereto. 

Members  undertake  to accept  and carry out  the decisions  of  the  Council 

2. 
under  the provisions  of  this Agreement  and  shall  refrain  from  implementing 
measures  which would  have  the effect  of limiting  or  running  counter  to them. 

Article  33 

Relief  from obligations 

Where  it  is necessary  on account  of exceptional  circumstances  or 
1. 
emergency  or  force  majeure  not expressly provided  for  in this Agreement,  the 
Council  may, by  special  vote, relieve a member  of  an obligation under  this 
Agreement  if  it  is satisfied  by an explanation  from  that member  regarding  the 
reasons why  the obligation  cannot be met. 

The Council,  in granting  relief  to a member  under paragraph  1 of  this 
2. 
article,  shall  state explicitly  the terms and  conditions  on which, and  the 
period  for which,  the member  is relieved  of  such obligation,  and  the  reasons 
for which  the  relief  is granted. 

Article  34 

Differential  and  remedial measures  and  special  measures 

Developing  importing  members whose  interests  are adversely  affected by 
1. 
measures  taken  under  this Agreement  may apply  to  the  Council  for  appropriate 
differential  and  remedial  measures.  The Council  shall  consider  taking 
appropriate  measures  in accordance  with section  III, paragraphs  3 and  4, of 
resolution  93  (IV) of  the United Nations Conference  on Trade  and Development. 

Members  in the category  of  least developed  countries  as defined  by the 

2. 
United  Nations may apply  to the Council  for special  measures  in accordance 
with  section  III, paragraph  4, of  resolution  93  (IV) and with paragraphs  56 
and  57 of  the  Paris Declaration and  Programme  of Action  for the Least 
Developed  Countries  for the 1990s. 

H 6 

Article 35 

Review 

The Council shall review the scope of this Agreement four years after its 

entry into force. 

Article 36 

Non-discrimination 

Nothing in this Agreement authorizes the use of measures to restrict or 
ban international trade in, and in particular as they concern imports of and 
utilization of, timber and timber products. 

4* 

CHAPTER  XI.  FINAL  PROVISIONS 

Article  37 

Depositary 

The  Secretary-General  of  the  United  Nations  is  hereby  designated  as  the 

depositary  of  this  Agreement. 

Article  38 

Signature,  ratification,  acceptance  and  approval 

This  Agreement  shall  be  open  for  signature,  at  United  Nations 
1. 
Headquarters  from  1 April  1994  until  one  month  after  the  date  of  its  entry 
into  force,  by  Governments  invited  to  the  United  Nations  Conference  for  the 
Negotiation  of  a  Successor  Agreement  to  the  International  Tropical  Timber 
Agreement,  1983. 

2. 

Any  Government  referred  to  in  paragraph  1 of  this  article  may: 

(a) 

At  the  time  of  signing  this  Agreement,  declare  that  by  such 

signature  it  expresses  its  consent  to  be  bound  by  this  Agreement  (definitive 
signature);  or 

(b) 

After  signing  this  Agreement,  ratify,  accept  or  approve  it  by  the 

deposit  of  an  instrument  to  that  effect  with  the  depositary. 

Article  39 

Accession 

This  Agreement  shall  be  open  for  accession  by  the  Governments  of  all 

1. 
States  upon  conditions  established  by  the  Council,  which  shall  include  a 
time-limit  for  the  deposit  of  instruments  of  accession.  The  Council  may, 
however,  grant  extensions  of  time  to  Governments  which  are  unable  to  accede  by 
the  time-limit  set  in  the  conditions  of  accession. 

Accession  shall  be  effected  by  the  deposit  of  an  instrument  of  accession 

2. 
with  the  depositary. 

Article  40 

Notification  of  provisional  application 

A  signatory  Government  which  intends  to  ratify,  accept  or  approve  this 

Agreement,  or  a  Government  for  which  the  Council  has  established  conditions 
for  accession  but  which  has  not  yet  been  able  to  deposit  its  instrument,  may, 
at  any  time,  notify  the  depositary  that  it  will  apply  this  Agreement 
provisionally  either  when  it  enters  into  force  in  accordance  with  article  41, 
or,  if  it  is  already  in  force,  at  a  specified  date. 

H2 

Article  41 

Entry into  force 

This Agreement  shall enter  into force definitively on 1 February  1995 or 

1. 
on any date  thereafter,  if 12 Governments of producing  countries holding at 
least  55 per cent of  the total votes as set out  in annex A to this Agreement, 
and  16 Governments  of consuming  countries holding at least  70 per cent of the 
total votes  as set out in annex B to this Agreement have signed this Agreement 
definitively  or have ratified,, accepted or approved  it or acceded  thereto 
pursuant  to article  38, paragraph  2, or article 39. 

If this Agreement has not entered  into  force  definitively 

2. 
on  1 February  1995, it shall enter  into force provisionally on that date or on 
any date within  six months thereafter,  if, 10 Governments of producing 
countries holding at least  50 per cent of  the total votes as set out  in annex 
A  to this Agreement, and 14 Governments of consuming  countries  holding at 
least  65 per cent of the total votes as set out  in annex B to this Agreement, 
have signed  this Agreement definitively or have  ratified, accepted or approved 
it pursuant  to article  38, paragraph  2, or have notified  the depositary  under 
article  40 that  they will apply this Agreement  provisionally. 

If the requirements  for entry into force under paragraph  1 or paragraph 2 

3. 
of  this article  have not been met on 1 September  1995, the  Secretary-General 
of  the United Nations  shall  invite those Governments which have signed  this 
Agreement  definitively or have ratified, accepted or approved  it pursuant  to 
article  38, paragraph  2, or have notified  the depositary  that  they will  apply 
this Agreement  provisionally,  to meet at the earliest  time practicable  to 
decide whether  to put  this Agreement  into force provisionally  or  definitively 
among  themselves  in whole or  in part.  Governments which decide to put  this 
Agreement  into  force provisionally  among  themselves may meet  from time  to time 
to review the situation and decide whether  this Agreement  shall enter  into 
force definitively among themselves. 

For any Government which has not notified  the depositary under article  40 

4. 
that  it will  apply  this Agreement provisionally and which deposits  its 
instrument  of ratification, acceptance, approval or accession after the entry 
into  force o£ this Agreement, this Agreement  shall enter  into  force on the 
date of such deposit. 

The Executive Director of  the Organization shall  convene "the Council as 

5. 
soon as possible  after the entry  into force of  this Agreement. 

Article 42 

Amendments 

The Council  may, by special vote, recommend an amendment  of  this 

1. 
Agreement  to members. 

The Council shall .fix a date by which members shall notify  the  depositary 

2. 
of  their acceptance  of the amendment. 

W 

42 

An amendment  shall  enter  into force  90 days after  the depositary  has 

3. 
received  notifications of acceptance  from members  constituting  at  least 
two  thirds of  the producing members  and accounting  for at  least  75 per  cent  of 
the votes of  the producing  members,  and  from members  constituting  at  least 
two  thirds of  the consuming members  and accounting  for at  least  75 per  cent of 
the votes  of  the consuming  members. 

After  the depositary  informs the Council  that  the requirements  for entry 

4 . 
into  force of  the amendment  have been met,  and notwithstanding  the  provisions 
of paragraph  2 of  this article  relating  to the date  fixed by the Council, a 
member  may  still notify  the depositary of  its acceptance  of  the  amendment, 
provided  that  such notification  is made before  the entry  into  force of  the 
amendment. 

Any member  which has not notified  its acceptance  of an amendment  by  the 

5. 
date on which  such amendment  enters  into force  shall  cease  to be a party  to 
this Agreement  as  from  that date, unless  such member  has  satisfied  the  Council 
that  its acceptance  could not be obtained  in time owing  to difficulties  in 
completing  its  constitutional  or institutional  procedures,  and  the  Council 
decides  to extend  for that member  the period  for acceptance  of the amendment. 
Such member  shall not be bound by the amendment  before  it has notified  its 
acceptance  thereof. 

If the  requirements  for the entry  into  force of the amendment  have not 

6. 
been met  by  the date  fixed by the Council  in accordance  with paragraph  2 of 
this article,  the amendment  shall be considered  withdrawn. 

Article 43 

Withdrawal 

A member  may withdraw  from  this Agreement  at any time after  the  entry 

1. 
into  force  of  this Agreement  by giving  written notice of withdrawal  to the 
depositary.  That member  shall  simultaneously  inform  the Council  of  the  action 
it has taken. 

Withdrawal  shall become effective  90 days after the notice  is received  by 

2 . 
the  depositary. 

Financial  obligations  to the Organization  incurred  by a member under  this 

3. 
Agreement  shall  not be  terminated by  its withdrawal. 

Article  44 

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 special vote, exclude  that 
member  from  this Agreement.  The Council  shall  immediately  so notify  the 
depositary.  Six months  after  the date of  the Council's  decision,  that  member 
shall  cease  to be a party  to this Agreement. 

o~0 

••.V!Ç£v 

Article 45 

Settlement  of accounts with withdrawing or excluded  members 
or members unable to accept  an amendment 

The Council  shall determine any settlement of accounts with a member 

1. 
which ceases  to be a party to this Agreement owing to: 

(a) 

Non-acceptance  of  an  amendment  to  this  Agreement  under  article  4 2; 

(b) 

Withdrawal  from  this  Agreement  under  article  4 3;  or 

(c) 

Exclusion  from  this  Agreement  under  article  4 4. 

The Council  shall retain any contribution paid to the  Administrative 

2. 
Account,  to the Special Account or to the Bali  Partnership  Fund by a member 
which ceases  to be a party  to this Agreement. 

3. 
A member which has ceased  to be a party to this Agreement  shall not be 
entitled  to any share of the proceeds of liquidation or the other assets of 
the Organization.  Nor shall such member be liable for payment of any part of 
the deficit,  if any, of the Organization upon termination of this Agreement. 

Article 46 

Duration, extension and  termination 

This Agreement  shall remain  in force for a period of  four years after its 

1. 
entry  into  force unless  the Council, by special vote, decides  to extend, 
renegotiate  or  terminate  it in accordance with the provisions of this article. 

The Council may, by special vote, decide  to extend  this Agreement  for 

2. 
two periods of  three years each. 

If, before  the expiry of  the four-year period referred  to in paragraph  1 

3. 
of  this article, or before the expiry of an extension period  referred  to in 
paragraph  2 of  this article, as the case may be, a new agreement  to  replace 
this Agreement  has been negotiated but has not yet entered  into force  either 
definitively or provisionally,  the Council may, by special vote, extend  this 
Agreement  until  the provisional  or definitive  entry into  force of the new 
agreement. 

If a new agreement  is negotiated and enters  into force during  any period 

4. 
of extension of  this Agreement under paragraph  2 or paragraph  3 of  this 
article,  this Agreement, as extended,  shall terminate upon the entry  into 
force of  the new agreement. 

The Council may at any  time, by special vote, decide  to terminate  this 

5. 
Agreement  with effect  from such date as it may determine. 

S>1 

Notwithstanding  the termination  of this Agreement,  the  Council  shall 

6. 
continue  in being  for a period  not  exceeding  18 months  to carry  out  the 
liquidation  of  the Organization,  including  the settlement  of  accounts,  and, 
subject  to relevant  decisions  to be  taken by special  vote,  shall  have  during 
that  period  such powers  and  functions  as may be necessary  for  these purposes. 

7. 
article. 

The  Council  shall notify  the depositary  of any decision  taken under  this 

Article  47 

Reservations 

Reservations  may not be made with  respect  to any of  the provisions  of 

this  Agreement. 

Article  48 

Supplementary  and  transitional  provisions 

This Agreement  shall be  the  successor  to the  International  Tropical 

1. 
Timber  Agreement,  1983. 

2. 
All  acts by or on behalf  of  the Organization  or any of  its organs  under 
the  International  Tropical  Timber  Agreement,  1983, which  are  in effect  on  the 
date  of  entry  into  force of  this Agreement  and  the  terms of  which  do not 
provide  for expiry  on  that date  shall  remain  in effect  unless  changed  vr^â^r 
the provisions  of  this Agreement. 

IN WITNESS  WHEREOF  the undersigned,  being  duly  authorized  thereto, hi 

affixed  their  signatures  under  this Agreement  on the dates  indicated. 

DONE at Geneva, on twenty-six  January,  one  thousand  nine  hundred  and 

ninety-four,  the  text of  this Agreement  in the Arabic, Chinese,  English, 
French,  Russian  and  Spanish  languages  being  equally  authentic. 

?~Z_ 

ANNEX A 

List of producing  countries with  tropical  forest  resources 
and/or net exporters of tropical  timber  in volume terms, 
and  allocation of votes  for the purposes of article  41 

Bolivia 
Brazil 
Cameroon 
C o l o m b ia 
Congo 
Costa  Rica 
Côte d'Ivoire 
Dominican  Republic 
Ecuador 
El Salvador 
Equatorial  Guinea 
Gabon 
G h a na 
Guyana 
Honduras 
India 
Indonesia 
Liberia 
Malaysia 
Mexico 
Myanmar 
Panama 
Papua  New  Guinea 
Paraguay 
Peru 
Philippines 
Thailand 
Togo 
Trinidad  and  Tobago 
United  Republic  of  Tanzania 
Venezuela 
Zaire 

21 
133 
2 3 
24 
2 3 
9 
23 
9 
14 
9 
23 
2 3 
2 3 
14 
9 
34 
170 
23 
139 
14 
3 3 
10 
2 8 
11 
2 5 
25 
20 
2 3 
9 
23 
10 
2 3 

Total 

1 00i 

Th 

ANNEX  B 

List of consuming countries and allocation of votes 
for the purposes of article 41 

Afghanistan 
Algeria 
Australia 
Austria 
Bahrain 
Bulgaria 
Canada 
Chile 
China 
Egypt 
European Community 

Belgium/Luxembourg 
Denmark 
France 
Germany 
Greece 
Ireland 
Italy 
Netherlands 
Portugal 
Spain 
United Kingdom 

Finland 
Japan 
Nepal 
New  Zealand 
Norway 
Republic  of Korea 
Russian  Federation 
Slovakia 
Sweden 
Switzerland 
U n i t ed  States  cf A m e r i ca 

t 

10 
13 
18 
11 
11 
10 
12 
10 
36 
14 
(302) 
26 
11 
44 
3 5 
13 
13 
35 
40 
18 
25 
4 2 
10 
320 
10 
10 
10 
97 
13 
11 
10 
11 
51 

^ctal 

1  000 

5-q 

ISSN 0254-1475 

COM(95) 542 final 

DOCUMENTS 

EN 

11 

Catalogue number  :  CB-CO-95-582-EN-C 

ISBN 92-77-95539-2 

Office  for Official Publications of the European Communities 

L-2985  Luxembourg