International Coffee Agreement 2007 - Declaration
Date: 2007-09-28
Institutions: Angola, Brazil, Burundi, Cameroon, Central African Republic, Colombia, Costa Rica, Cuba, Côte d’Ivoire, Ecuador, El Salvador, Ethiopia, European Community, Gabon, Ghana, Guatemala, Guinea, Honduras, India, Indonesia, Kenya, Liberia, Malawi, Mexico, Nicaragua, Nigeria, Norway, Panama, Papua New Guinea, Philippines, Rwanda, Sierra Leone, Switzerland, Tanzania, Thailand, Timor-Leste, Togo, Tunisia, Türkiye, Uganda, United States, Viet Nam, Yemen, Zambia
Subjects: coffee, commodity agreement, international cooperation, ratification of an agreement, trade by product

15.7.2008

EN

Official Journal of the European Union

L 186/13

INTERNATIONAL COFFEE AGREEMENT 2007

CONTENTS

Article

Page

Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

1.

Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

CHAPTER I — OBJECTIVES

2.

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

CHAPTER II — DEFINITIONS

CHAPTER III — GENERAL UNDERTAKINGS BY MEMBERS

3.

General undertakings by Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

CHAPTER IV — MEMBERSHIP

Membership of the Organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Group membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER V — THE INTERNATIONAL COFFEE ORGANISATION

Seat and structure of the International Coffee Organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Privileges and immunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER VI — THE INTERNATIONAL COFFEE COUNCIL

Composition of the International Coffee Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers and functions of the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman and Vice-Chairman of the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sessions of the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting procedure of the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decisions of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cooperation with other organisations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cooperation with non-governmental organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

17

17

17

18

18

18

18

19

19

19

19

20

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

CHAPTER VII — THE EXECUTIVE DIRECTOR AND THE STAFF

17.

The Executive Director and the staff

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

CHAPTER VIII — FINANCE AND ADMINISTRATION

18.

19.

20.

21.

22.

23.

Finance and Administration Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of the Administrative Budget and assessment of contributions

. . . . . . . . . . . . . . . . . .

Payment of contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Audit and publication of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

20

20

21

21

21

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CHAPTER IX — PROMOTION AND MARKET DEVELOPMENT

24.

25.

26.

27.

Removal of obstacles to trade and consumption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Promotion and market development

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Measures related to processed coffee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mixtures and substitutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

22

22

22

CHAPTER X — PROJECT ACTIVITIES OF THE ORGANISATION

28.

Development and funding of projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

CHAPTER XI — THE PRIVATE COFFEE SECTOR

The Private Sector Consultative Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The World Coffee Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Consultative Forum on Coffee Sector Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XII — STATISTICAL INFORMATION, STUDIES AND SURVEYS

Statistical information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificates of Origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Studies, surveys and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XIII — GENERAL PROVISIONS

Preparations for a new Agreement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sustainable coffee sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Standard of living and working conditions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XIV — CONSULTATIONS, DISPUTES AND COMPLAINTS

Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disputes and complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XV — FINAL PROVISIONS

Signature and ratification, acceptance or approval

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisional application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry into force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reservations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voluntary withdrawal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Settlement of accounts with withdrawing or excluded Members

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration, extension and termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary and transitional provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authentic texts of the Agreement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

ANNEX

Conversion factors for roasted, decaffeinated, liquid and soluble coffee as defined in the International
Coffee Agreement 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

23

23

23

24

24

24

25

25

25

25

25

25

25

26

26

26

26

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26

27

27

27

28

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Official Journal of the European Union

L 186/15

INTERNATIONAL COFFEE AGREEMENT 2007

PREAMBLE

THE GOVERNMENTS PARTY TO THIS AGREEMENT,

Recognising the exceptional importance of coffee to the economies of many countries which are largely dependent upon
this commodity for their export earnings and for the achievement of their social and economic development goals;

Recognising the importance of the coffee sector to the livelihoods of millions of people, particularly in developing
countries, and bearing in mind that in many of these countries production is on small-scale family farms;

Recognising the contribution of a sustainable coffee sector to the achievement of internationally agreed development
goals, including the Millennium Development Goals (MDGs), in particular with respect to poverty eradication;

Recognising the need to foster the sustainable development of the coffee sector, leading to enhanced employment and
income, and better living standards and working conditions in Member countries;

Considering that close international cooperation on coffee matters, including international trade, can foster an econom­
ically diversified global coffee sector, the economic and social development of producing countries, the development of
coffee production and consumption, and improved relations between coffee exporting and importing countries;

Considering that collaboration between Members, international organisations, the private sector and all other stakeholders
can contribute to the development of the coffee sector;

Recognising that increased access to coffee-related information and market-based risk management strategies can help
avoid imbalances in the production and consumption of coffee that may give rise to pronounced market volatility which
can be harmful to both producers and consumers; and

Noting the advantages derived from the international cooperation which resulted from the operation of the International
Coffee Agreements 1962, 1968, 1976, 1983, 1994 and 2001,

HAVE AGREED AS FOLLOWS:

CHAPTER I

OBJECTIVES

Article 1

Objectives

The objective of this Agreement is to strengthen the global
coffee sector and promote its
sustainable expansion in a
market-based environment for the betterment of all participants
in the sector, by:

1. promoting international cooperation on coffee matters;

2. providing a forum for consultations on coffee matters

among governments, and with the private sector;

3. encouraging Members to develop a sustainable coffee sector

in economic, social and environmental terms;

and

long-term trends

and
markets
consumption that balance supply and demand, and result
in prices fair both to consumers and to producers;

production

in

5. facilitating the expansion and transparency of international
trade in all types and forms of coffee, and promoting the
elimination of trade barriers;

6. collecting,

disseminating

economic,
technical and scientific information, statistics and studies,
as well as the results of research and development in coffee
matters;

publishing

and

7. promoting the development of consumption and markets
including in coffee

types and forms of coffee,

for all
producing countries;

4. providing a forum for consultations seeking understanding
with regard to the structural conditions in international

8. developing, evaluating and seeking finance for projects that

benefit Members and the world coffee economy;

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9. promoting coffee quality with a view to enhancing

consumer satisfaction and benefits to producers;

parchment coffee to green coffee, multiply the net
weight of the parchment coffee by 0,80;

10. encouraging Members to develop appropriate food safety

(d) roasted coffee means green coffee roasted to any degree

procedures in the coffee sector;

and includes ground coffee;

11. promoting training and information programmes designed
to assist the transfer to Members of technology relevant to
coffee;

(e) decaffeinated coffee means green, roasted or soluble coffee

from which caffeine has been extracted;

12. encouraging Members to develop and implement strategies
to enhance the capacity of local communities and small-
scale farmers to benefit from coffee production, which can
contribute to poverty alleviation; and

13. facilitating the availability of information on financial tools
including

and services that can assist coffee producers,
access to credit and approaches to managing risk.

CHAPTER II

DEFINITIONS

Article 2

Definitions

For the purposes of this Agreement:

(f)

liquid coffee means the water-soluble solids derived from
roasted coffee and put into liquid form; and

(g) soluble coffee means the dried water-soluble solids derived

from roasted coffee.

2. Bag means 60 kilogrammes or 132,276 pounds of green
tonne means a mass of 1 000 kilogrammes or

coffee;
2 204,6 pounds; and pound means 453,597 grammes.

3. Coffee year means the period of one year, from 1 October to

30 September.

4. Organisation and Council mean, respectively, the Interna­
tional Coffee Organisation and the International Coffee
Council.

roasted,

liquid and soluble

1. Coffee means the beans and cherries of the coffee tree,
and includes
whether parchment, green or
ground, decaffeinated,
coffee. The
Council shall, as soon as possible after this Agreement
enters into force, and again at intervals of three years,
the types of coffee
review the conversion factors for
and (g) below.
(f)
(e),
(d),
listed in subparagraphs
Following such reviews the Council shall determine and
publish appropriate conversion factors. Prior to the initial
review, and should the Council be unable to reach a
the conversion factors will be
decision on this matter,
those used in the International Coffee Agreement 2001,
which are listed in the Annex to this Agreement. Subject
to these provisions, the terms listed below shall have the
following meaning:

(a) green coffee means all coffee in the naked bean form

before roasting;

(b) dried coffee cherry means the dried fruit of the coffee tree;
to find the equivalent of dried coffee cherry to green
coffee, multiply the net weight of
the dried coffee
cherry by 0,50;

(c) parchment coffee means the green coffee bean contained
to find the equivalent of

in the parchment

skin;

or

any

5. Contracting Party means a Government,
intergovernmental

the European
Community
organisation
referred to in paragraph 3 of Article 4 which has
deposited
acceptance,
approval or notification of provisional application of this
Agreement in accordance with the provisions of Articles
40, 41 and 42 or has acceded thereto in accordance with
the provisions of Article 43.

an instrument

ratification,

of

6. Member means a Contracting Party.

7. Exporting Member or exporting country means a Member or
country, respectively, which is a net exporter of coffee; that
is, a Member or country whose exports exceed its imports.

8. Importing Member or importing country means a Member or
country, respectively, which is a net importer of coffee; that
is, a Member or country whose imports exceed its exports.

9. Distributed majority vote means a vote requiring 70 % or
more of the votes of exporting Members present and voting
and 70 % or more of the votes of importing Members
present and voting, counted separately.

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10. Depositary means the intergovernmental organisation or
Contracting Party to the International Coffee Agreement
the Council under the
2001 designated by decision of
International Coffee Agreement 2001,
to be taken by
consensus before 31 January 2008. Such decision shall
form an integral part of this Agreement.

CHAPTER III

GENERAL UNDERTAKINGS BY MEMBERS

Article 3

General undertakings by Members

1. Members undertake to adopt
such measures as are
necessary to enable them to fulfil their obligations under this
Agreement and fully cooperate with one another in securing the
attainment of the objectives of this Agreement;
in particular,
information necessary to
Members undertake to provide all
facilitate the functioning of this Agreement.

recognise

that Certificates of Origin are
2. Members
information on the trade in coffee.
important
sources of
Exporting Members,
for
therefore,
ensuring the proper issuing and use of Certificates of Origin
according to the rules established by the Council.

responsibility

assume

3. Members recognise further that information on re-exports
is also important for the proper analysis of the world coffee
economy. Importing Members, therefore, undertake to supply
regular and accurate information on re-exports, in the form and
manner determined by the Council.

CHAPTER IV

MEMBERSHIP

Article 4

Membership of the Organisation

Each Contracting Party shall constitute a single Member of

1.
the Organisation.

A Member may change its category of membership on

2.
such conditions as the Council may agree.

3.
Any reference in this Agreement to a Government shall be
construed as including the European Community and any inter­
governmental organisation having exclusive competence in
respect of the negotiation, conclusion and application of this
Agreement.

effect on a date to be specified by the Contracting Parties
concerned and on conditions agreed by the Council, declare
that they are participating in the Organisation as a Member
group.

CHAPTER V

THE INTERNATIONAL COFFEE ORGANISATION

Article 6

Seat and structure of the International Coffee Organisation

1.
The International Coffee Organisation established under
the International Coffee Agreement 1962 shall continue in
being
the
the provisions
to administer
operation of this Agreement.

supervise

and

The seat of the Organisation shall be in London unless the

2.
Council decides otherwise.

3.
The highest authority of the Organisation shall be the
International Coffee Council. The Council shall be assisted as
appropriate by the Finance and Administration Committee, the
Promotion and Market Development Committee and the
Projects Committee. The Council shall also be advised by the
Private Sector Consultative Board, the World Coffee Conference
and the Consultative Forum on Coffee Sector Finance.

Article 7

Privileges and immunities

1.
The Organisation shall have legal personality. It shall in
particular have the capacity to contract, acquire and dispose of
movable
legal
proceedings.

and immovable property and to institute

2.
The status, privileges and immunities of the Organisation,
of its Executive Director, its staff and experts, and of represen­
tatives of Members while in the territory of the host country for
the purpose of exercising their functions, shall be governed by a
host
Headquarters Agreement
Government and the Organisation.

concluded

between

the

The Headquarters Agreement referred to in paragraph 2 of
It shall

3.
this Article shall be independent of this Agreement.
however terminate:

(a) by agreement between the host Government and the Organ­

isation;

Article 5

Group membership

(b) in the event of the headquarters of the Organisation being
moved from the territory of the host Government; or

Two or more Contracting Parties may, by appropriate notifi­
cation to the Council and to the Depositary, which will take

(c)

in the event of the Organisation ceasing to exist.

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The Organisation may conclude with one or more other
4.
Members agreements to be approved by the Council relating to
such privileges and immunities as may be necessary for the
proper functioning of this Agreement.

5.
The Governments of Member countries other than the
host Government shall grant the Organisation the same facilities
in respect of currency or exchange restrictions, maintenance of
bank accounts and transfer of monies, as are accorded to the
specialised agencies of the United Nations.

CHAPTER VI

THE INTERNATIONAL COFFEE COUNCIL

Article 8

Article 10

Chairman and Vice-Chairman of the Council

1.
The Council shall elect, for each coffee year, a Chairman
and a Vice-Chairman who shall not be paid by the Organisa­
tion.

The Chairman shall be elected either from among the
2.
representatives of exporting Members or from among the repre­
sentatives of importing Members and the Vice-Chairman shall
be elected from among representatives of the other category of
Member. These offices shall alternate each coffee year between
the two categories of Member.

Composition of the International Coffee Council

The International Coffee Council shall consist of all the

1.
Members of the Organisation.

Neither the Chairman nor the Vice-Chairman acting as
3.
Chairman shall have the right to vote. His or her alternate
will in such case exercise the voting rights of the Member.

Each Member shall appoint one representative on the
2.
Council and,
so desires, one or more alternates. A
Member may also designate one or more advisers to its rep­
resentative or alternates.

it

if

Article 9

Powers and functions of the Council

1.
All powers specifically conferred by this Agreement shall
be vested in the Council, which shall perform the functions
necessary to carry out the provisions of this Agreement.

2.
The Council may establish and dissolve Committees and
subsidiary bodies, as appropriate, other than those provided for
in paragraph 3 of Article 6.

3.
The Council shall establish such rules and regulations,
including its own rules of procedure and the financial and
staff regulations of the Organisation, as are necessary to carry
out
this Agreement and are consistent
therewith. The Council may, in its rules of procedure, provide
the means whereby it may, without meeting, decide specific
questions.

the provisions of

4.
The Council shall establish on a regular basis a strategic
action plan to guide its work and identify priorities, including
priorities for project activities undertaken pursuant to Article 28
and studies,
to
Article 34. Priorities identified in the action plan shall be
reflected in the annual work programmes approved by the
Council.

surveys and reports undertaken pursuant

5.
The Council shall also keep such records as are required to
perform its functions under this Agreement and such other
records as it considers desirable.

Article 11

Sessions of the Council

1.
The Council shall hold two regular sessions a year and
special sessions should it so decide. It may hold special sessions
at the request of any ten Members. Notice of sessions shall be
given at least 30 days in advance except in cases of emergency
when such notice shall be given at least 10 days in advance.

Sessions shall be held at the seat of the Organisation,
2.
unless the Council decides otherwise. If a Member invites the
Council to meet in its territory, and the Council agrees, the
additional costs to the Organisation involved above those
incurred when the session is held at the seat shall be borne
by that Member.

The Council may invite any non-member country or any
3.
of the organisations referred to in Articles 15 and 16 to attend
any of its sessions as an observer. At each session, the Council
shall decide on the admission of observers.

The quorum required for a Council

session to take
4.
decisions shall be the presence of more than half of
the
number of exporting and importing Members representing re­
spectively at least two-thirds of the votes for each category. If
on the opening of a Council session or of any plenary meeting
there is no quorum, the Chairman shall postpone the opening
of the session or plenary meeting for at least two hours. If there
is still no quorum at the new time set, the Chairman may again
postpone the opening of the session or plenary meeting for at
this new post­
least a further two hours.
If at
ponement
the matter on which
decisions are required shall be deferred to the next session of
the Council.

there is still no quorum,

the end of

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Article 12

Votes

1.
The exporting Members shall together hold 1 000 votes
and the importing Members shall together hold 1 000 votes,
distributed within each category of Member — that is, exporting
and importing Members, respectively — as provided for in the
following paragraphs of this Article.

2.

Each Member shall have five basic votes.

The remaining votes of exporting Members shall be
3.
divided among such Members in proportion to the average
volume of their respective exports of coffee to all destinations
in the preceding four calendar years.

The remaining votes of

4.
importing Members shall be
divided among such Members in proportion to the average
volume of their respective imports of coffee in the preceding
four calendar years.

5.
The European Community or any intergovernmental
organisation as defined in paragraph 3 of Article 4 shall hold
it shall have five basic votes and
votes as a single Member;
additional votes in proportion to the average volume of its
imports or exports of coffee,
in the preceding four calendar
years.

The distribution of votes shall be determined by the
6.
Council
in accordance with the provisions of this Article at
the beginning of each coffee year and shall remain in effect
during that year, except as provided for in paragraph 7 of
this Article.

7.
The Council shall provide for the redistribution of votes in
accordance with the provisions of this Article whenever there is
a change in the membership of the Organisation or if the voting
rights of a Member are suspended or regained under the
provisions of Article 21.

No Member shall hold two-thirds or more of the votes in

8.
its category.

9.

There shall be no fractional votes.

Article 13

Voting procedure of the Council

1.
Each Member shall be entitled to cast the number of votes
it holds and shall not be entitled to divide its votes. However, a
Member may cast differently any votes which it holds under the
provisions of paragraph 2 of this Article.

2.
Any exporting Member may authorise in writing any
other exporting Member, and any importing Member may

in writing

to
authorise
represent its interests and to exercise its right to vote at any
meeting or meetings of the Council.

importing Member,

any other

Article 14

Decisions of the Council

The Council shall endeavour to take all decisions and to
1.
make all recommendations by consensus. If consensus cannot
be reached, the Council shall take decisions and make recom­
mendations by a distributed majority vote of 70 % or more of
exporting Members, present and voting, and 70 % or more of
importing Members, present and voting, counted separately.

2.
The following procedure shall apply with respect to any
decision by the Council taken by a distributed majority vote:

(a)

if a distributed majority vote is not obtained because of the
negative vote of three or less exporting or three or less
importing Members, the proposal shall,
if the Council so
decides by a majority of the Members present, be put to a
vote again within 48 hours; and

(b) if a distributed majority vote is again not obtained, the

proposal shall be considered not approved.

3. Members are committed to accept as binding all decisions
of the Council under the provisions of this Agreement.

Article 15

Cooperation with other organisations

The Council may make arrangements for consultation and
1.
cooperation with the United Nations and its
specialised
agencies; other appropriate intergovernmental organisations;
and relevant international and regional organisations. It shall
take full advantage of the facilities of the Common Fund for
Commodities and other sources of funding. Such arrangements
may include financial arrangements which the Council considers
appropriate for achieving the objectives of
this Agreement.
However,
the implementation of any project
under such arrangements the Organisation shall not incur any
financial obligations for guarantees given by individual Members
or other entities. No Member shall be responsible by reason of
its membership of the Organisation for any liability arising from
borrowing or
lending by any other Member or entity in
connection with such projects.

in respect of

on

2. Where possible, the Organisation may also collect from
Members, non-members, and from donor and other agencies,
information
programmes
focussing on the coffee sector. Where appropriate, and with
the agreement of the parties concerned, the Organisation may
make this information available to such other organisations as
well as to Members.

development

projects

and

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Article 16

Cooperation with non-governmental organisations

In pursuing the objectives of this Agreement, the Organisation
may, without prejudice to the provisions of Articles 15, 29, 30
and 31, establish and strengthen cooperative activities with
appropriate non-governmental organisations having expertise
in relevant aspects of the coffee sector and with other experts
in coffee matters.

CHAPTER VII

THE EXECUTIVE DIRECTOR AND THE STAFF

Article 17

The Executive Director and the staff

The Council shall appoint

the Executive Director. The
1.
terms of appointment of the Executive Director shall be estab­
lished by the Council and shall be comparable to those applying
to corresponding officials of similar intergovernmental organi­
sations.

2.
The Executive Director shall be the chief administrative
officer of the Organisation and shall be responsible for the
performance of any duties devolving upon him in the adminis­
tration of this Agreement.

The Executive Director shall appoint

the
3.
Organisation in accordance with regulations established by the
Council.

the staff of

Neither the Executive Director nor any member of the
interest in the coffee industry,

4.
staff shall have any financial
the coffee trade or the transportation of coffee.

5.
In the performance of their duties, the Executive Director
and the staff shall not seek or receive instructions from any
Member or from any other authority external to the Organisa­
tion. They shall refrain from any action which might reflect on
their position as international officials responsible only to the
Organisation. Each Member undertakes to respect the exclu­
sively international character of
the
Executive Director and the staff and not to seek to influence
them in the discharge of their responsibilities.

the responsibilities of

CHAPTER VIII

FINANCE AND ADMINISTRATION

Article 18

Finance and Administration Committee

A Committee on Finance and Administration shall be estab­
lished. The Council
shall determine its composition and
mandate. This Committee shall be responsible for supervising
the preparation of the Administrative Budget to be presented to

for approval, and carrying out any other tasks
the Council
which the Council assigns to it which shall include monitoring
income and expenditure and matters related to the administra­
tion of
the Organisation. The Finance and Administration
Committee shall report on its proceedings to the Council.

Article 19

Finance

1.
The expenses of delegations to the Council and represen­
tatives on any of the committees of the Council shall be met by
their respective Governments.

2.
The other expenses necessary for the administration of
this Agreement shall be met by annual contributions from
assessed in accordance with the provisions of
Members
Article 20,
specific
services to Members and the sale of information and studies
generated under the provisions of Articles 32 and 34.

together with revenues

from sales of

The financial year of the Organisation shall be the same as

3.
the coffee year.

Article 20

Determination of the Administrative Budget and
assessment of contributions

1.
During the second half of each financial year, the Council
shall approve the Administrative Budget of the Organisation for
the following financial year and shall assess the contribution of
each Member to that Budget. A draft Administrative Budget
shall be prepared by the Executive Director under the super­
vision of
in
accordance with the provisions of Article 18.

the Finance and Administration Committee

2.
The contribution of each Member to the Administrative
Budget for each financial year shall be in the proportion which
the number of its votes at the time the Administrative Budget
for that financial year is approved bears to the total votes of all
the Members. However, if there is any change in the distribution
of votes among Members in accordance with the provisions of
paragraph 6. of Article 12 at the beginning of the financial year
for which contributions are assessed, such contributions shall be
correspondingly adjusted for that year. In determining contri­
butions, the votes of each Member shall be calculated without
regard to the suspension of the voting rights of any Member or
any redistribution of votes resulting there from.

3.
The initial contribution of any Member joining the Organ­
isation after the entry into force of this Agreement as provided
for in Article 42 shall be assessed by the Council on the basis of
the number of votes to be held by it and the period remaining
in the current financial year, but the assessments made upon
other Members for the current
financial year shall not be
altered.

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Article 21

CHAPTER IX

Payment of contributions

PROMOTION AND MARKET DEVELOPMENT

Contributions

1.
for each
financial year shall be payable in freely convertible currency
and shall become due on the first day of that financial year.

to the Administrative Budget

If any Member fails to pay its full contribution to the
2.
the date on
Administrative Budget within six months of
which the contribution is due,
its voting rights and its right
to participate in meetings of specialised committees shall be
suspended until
contribution has been paid in full.
However, unless the Council so decides, such Member shall
not be deprived of any of its other rights nor relieved of any
of its obligations under this Agreement.

its

Any Member whose voting rights have been suspended
3.
under the provisions of paragraph 2 of this Article shall never­
theless remain responsible for the payment of its contribution.

Article 22

Liabilities

1.
The Organisation, functioning as specified in paragraph 3
of Article 6, shall not have power to incur any obligation
outside the scope of this Agreement, and shall not be taken
to have been authorised by the Members to do so; in particular,
it shall not have the capacity to borrow money. In exercising its
capacity to contract, the Organisation shall
incorporate in its
contracts the terms of this Article in such a way as to bring
them to the notice of the other parties entering into contracts
with the Organisation, but any failure to incorporate such terms
shall not invalidate such a contract or render it ultra vires.

A Member’s liability is limited to the extent of its obli­
2.
gations regarding contributions specifically provided for in this
Agreement. Third parties dealing with the Organisation shall be
deemed to have notice of the provisions of this Agreement
regarding the liabilities of Members.

Article 24

Removal of obstacles to trade and consumption

the sustainable
1. Members recognise the importance of
development of
the removal of
the coffee sector and of
current obstacles and avoidance of new obstacles which may
hinder trade and consumption, while recognising at the same
time the right of Members to regulate, and to introduce new
regulations, in order to meet national health and environmental
policy objectives, consistent with their commitments and obli­
gations under international agreements, including those related
to international trade.

in effect
2. Members recognise that
measures which may to a greater or lesser extent hinder the
increase in consumption of coffee, in particular:

there are at present

(a)

import arrangements applicable to coffee, including prefer­
ential and other tariffs, quotas, operations of government
monopolies and official purchasing agencies, and other
administrative rules and commercial practices;

(b) export arrangements as regards direct or indirect subsidies
and other administrative rules and commercial practices;
and

(c)

internal trade conditions and domestic and regional
and
consumption.

provisions which may

administrative

legal
affect

Having regard to the objectives stated above and to the
3.
provisions of paragraph 4 of
shall
endeavour to pursue tariff reductions on coffee or to take
other action to remove obstacles to increased consumption.

this Article, Members

their mutual

Taking into account

4.
interest, Members
undertake to seek ways and means by which the obstacles to
increased trade and consumption referred to in paragraph 2 of
this Article may be progressively reduced and eventually,
wherever possible, eliminated, or by which the effects of such
obstacles may be substantially diminished.

Article 23

Audit and publication of accounts

As soon as possible and not later than six months after the
close of each financial year, an independently audited statement
of the Organisation’s assets, liabilities, income and expenditure
during that financial year shall be prepared. This statement shall
be presented to the Council for approval at its earliest forth­
coming session.

5.
Taking into account any commitments undertaken under
the provisions of paragraph 4 of this Article, Members shall
inform the Council annually of all measures adopted with a
view to implementing the provisions of this Article.

6.
The Executive Director shall prepare periodically a survey
of the obstacles to consumption to be reviewed by the Council.

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The Council may, in order to further the purposes of this
7.
Article, make recommendations to Members, which shall report
as soon as possible to the Council on the measures adopted
with a view to implementing such recommendations.

Article 25

Promotion and market development

1. Members recognise the benefits, both to exporting and
importing Members,
from efforts to promote consumption,
improve the quality of the product, and develop markets for
coffee, including in exporting Members.

2.
Promotion and market development activities may include
information campaigns, research, capacity-building and studies
related to coffee production and consumption.

Such activities may be included in the Council’s annual
3.
work programme or among the project activities of the Organ­
isation referred to in Article 28 and may be financed by
voluntary contributions from Members, non-members, other
organisations and the private sector.

CHAPTER X

PROJECT ACTIVITIES OF THE ORGANISATION

Article 28

Development and funding of projects

1. Members and the Executive Director may submit project
proposals which contribute to the achievement of the objectives
of this Agreement and one or more of the priority areas for
work identified in the strategic action plan approved by the
Council pursuant to Article 9.

The Council shall establish procedures and mechanisms
2.
for submitting, appraising, approving, prioritising and funding
projects, as well as for their implementation, monitoring and
evaluation, and wide dissemination of results.

3.
At each session of the Council the Executive Director shall
report on the status of all projects approved by the Council,
including those awaiting financing, under implementation, or
completed since the previous Council session.

A Committee on Projects shall be established. The Council

4.
shall determine its composition and mandate.

4.
A Committee on Promotion and Market Development
shall be established. The Council shall determine its compo­
sition and mandate.

CHAPTER XI

THE PRIVATE COFFEE SECTOR

Article 29

Article 26

Measures related to processed coffee

Members recognise the need of developing countries to broaden
the base of their economies through, inter alia, industrialisation
including the
and the export of manufactured products,
processing of coffee and the export of processed coffee, as
referred to in subparagraphs (d), (e), (f) and (g) of paragraph
1 of Article 2. In this connection, Members should avoid the
governmental measures which could cause
adoption of
disruption to the coffee sector of other Members.

Article 27

Mixtures and substitutes

1. Members shall not maintain any regulations requiring the
mixing, processing or using of other products with coffee for
commercial
to
prohibit
the sale and advertisement of products under the
name of coffee if such products contain less than the equivalent
of 95 % green coffee as the basic raw material.

resale as coffee. Members

shall endeavour

The Private Sector Consultative Board

1.
The Private Sector Consultative Board (hereinafter referred
to as the PSCB) shall be a consultative body which may make
recommendations on any consultations made by the Council
and may invite the Council to give consideration to matters
related to this Agreement.

2.
the
The PSCB shall consist of eight representatives of
private sector in exporting countries and eight representatives
of the private sector in importing countries.

3.
The PSCB members shall be representatives of associations
or bodies designated by the Council every two coffee years, and
may be re-appointed. The Council in so doing shall endeavour
to designate:

(a)

from
two private sector coffee associations or bodies
the
exporting countries or regions representing each of
four
representing both
coffee, preferably
growers and exporters, together with one or more alternates
for each representative; and

groups of

The Executive Director shall submit

2.
periodic report on compliance with the provisions of
Article.

to the Council a
this

(b) eight private sector coffee associations or bodies from
importing countries, whether Members or non-members,
preferably
roasters,
together with one or more alternates for each representative.

representing both importers

and

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Each member of the PSCB may designate one or more

4.
advisers.

session is held at the seat of the Organisation shall be borne
by the country hosting the session.

The PSCB shall have a Chairman and a Vice-Chairman
5.
elected from among its members, for a period of one year.
These officers may be re-elected. The Chairman and the Vice-
Chairman shall not be paid by the Organisation. The Chairman
shall be invited to participate in meetings of the Council as an
observer.

Unless the Council decides otherwise, the Conference shall

4.
be self-financing.

5.
The Chairman shall
conclusions of the Conference.

report

to the Council on the

sessions of

the Council.

The PSCB shall normally meet at the seat of the Organisa­
6.
tion, during regular
In case of
acceptance by the Council of an invitation by a Member to
hold a meeting in its territory, the PSCB shall also meet in
that territory, in which case the additional costs to the Organ­
isation involved above those incurred when the meeting is held
at the seat of the Organisation shall be borne by the country or
private sector organisation hosting the meeting.

The PSCB may hold special meetings subject to approval

7.
by the Council.

8.

The PSCB shall submit regular reports to the Council.

The PSCB shall establish its own rules of procedure,

9.
consistent with the provisions of this Agreement.

Article 30

The World Coffee Conference

1.
The Council shall make arrangements to hold, at appro­
priate intervals, a World Coffee Conference (hereinafter referred
to as the Conference), which shall be composed of exporting
and importing Members, private sector representatives, and
including participants from non-
other interested participants,
member countries. The Council,
in coordination with the
Chairman of the Conference, shall ensure that the Conference
contributes to furthering the objectives of this Agreement.

The Conference shall have a Chairman who shall not be
2.
paid by the Organisation. The Chairman shall be appointed by
the Council for an appropriate period, and shall be invited to
participate in meetings of the Council as an observer.

3.
The Council shall decide on the form, title, subject matter
and timing of the Conference, in consultation with the Private
Sector Consultative Board. The Conference shall be held
normally at the seat of the Organisation, during a session of
the Council. If the Council decides to accept an invitation by a
Member to hold a session in its territory, the Conference may
also be held in that territory, in which case the additional costs
to the Organisation involved above those incurred when the

Article 31

The Consultative Forum on Coffee Sector Finance

The Council shall convene, at appropriate intervals and in
1.
cooperation with other relevant organisations, a Consultative
Forum on Coffee Sector Finance (hereinafter referred to as the
Forum) to facilitate consultations on topics related to finance
and risk management in the coffee sector, with a particular
emphasis on the needs of small and medium-scale producers
and local communities in coffee producing areas.

The Forum shall include representatives of Members, inter­
2.
the private
financial
governmental organisations,
sector,
non-
organisations,
non-governmental
member countries and others with relevant expertise. Unless
the Council decides otherwise, the Forum shall be self-financing.

institutions,

interested

3.
The Council shall establish rules of procedure for the
functioning of the Forum, the designation of the Chairman
and the wide dissemination of its results, using where appro­
priate mechanisms established in accordance with the provisions
of Article 34. The Chairman shall report to the Council on the
results of the Forum.

CHAPTER XII

STATISTICAL INFORMATION, STUDIES AND SURVEYS

Article 32

Statistical information

The Organisation shall act as a centre for the collection,

1.
exchange and publication of:

(a) statistical information on world production, prices, exports,
imports and re-exports, distribution and consumption of
coffee, including information on production, consumption,
trade and prices for coffees in different market categories
and products containing coffee; and

(b) in so far as is considered appropriate, technical information
on the cultivation, processing and utilisation of coffee.

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imports

The Council may require Members to furnish such infor­
2.
including
mation as it considers necessary for its operations,
reports on coffee production, production
regular statistical
trends,
distribution,
exports,
consumption, stocks, prices and taxation, but no information
shall be published which might serve to identify the operations
of persons or companies producing, processing or marketing
coffee. Members,
in so far as is possible, shall furnish infor­
mation requested in as detailed, timely and accurate a manner
as is practicable.

re-exports,

and

concerning its exports of coffee to be transmitted to the Organ­
isation using an alternative method.

Article 34

Studies, surveys and reports

In order

to assist Members,

1.
the Organisation shall
promote the preparation of studies, surveys, technical reports
and other documents concerning relevant aspects of the coffee
sector.

3.
The Council shall establish a system of indicator prices
and shall provide for the publication of a daily composite
indicator price which should reflect actual market conditions.

If a Member fails to supply or finds difficulty in supplying
4.
information
within a reasonable time statistical and other
required by the Council
the
Organisation, the Council may require the Member concerned
to explain the reasons for non-compliance. The Member may
also inform the Council of its difficulty and request technical
assistance.

for the proper functioning of

This may include work on the economics of coffee
2.
production and distribution, analysis of the coffee value chain,
approaches to managing financial and other risks, the impact of
governmental measures on the production and consumption of
coffee, sustainability aspects of the coffee sector, links between
coffee and health and the opportunities for expansion of coffee
markets for traditional and possible new uses.

Information collected,

3.
minated may also include, where technically feasible:

compiled, analysed and disse­

If it is found that technical assistance is needed in the
5.
matter, or if a Member has not furnished, for two consecutive
years, the statistical information required under paragraph 2. of
this Article and has not sought the assistance of the Council or
has not explained the reasons for non-compliance, the Council
may take initiatives likely to lead such a Member to furnish the
required information.

(a) quantities and prices of coffees relating to factors such as
different geographic areas and quality-related conditions of
production; and

(b) information on market

structures, niche markets and

emerging trends in production and consumption.

Article 33

Certificates of Origin

1.
In order to facilitate the collection of statistics on the
international coffee trade and to ascertain the quantities of
coffee which have been exported by each exporting Member,
the Organisation shall establish a system of Certificates of
Origin, governed by rules approved by the Council.

2.
Every export of coffee by an exporting Member shall be
covered by a valid Certificate of Origin. Certificates of Origin
shall be issued, in accordance with the rules established by the
Council, by a qualified agency chosen by the Member and
approved by the Organisation.

Each exporting Member shall notify the Organisation of
3.
the government or non-governmental agency which is
to
perform the functions specified in paragraph 2 of this Article.
The Organisation shall specifically approve a non-governmental
agency in accordance with the rules approved by the Council.

4.
In order to carry out the provisions of paragraph 1 of this
Article, the Council shall adopt an annual work programme of
studies,
resource
requirements. These activities shall be financed either from
provisions within the Administrative Budget or from extra
budgetary sources.

reports, with

estimated

surveys

and

The Organisation shall place particular emphasis on facil­
5.
itating access to information by small coffee producers to assist
them in improving their
including
managing credit and risk.

financial performance,

CHAPTER XIII

GENERAL PROVISIONS

Article 35

Preparations for a new Agreement

The Council may examine the possibility of negotiating a

1.
new International Coffee Agreement.

4.
An exporting Member, on an exceptional basis and with
proper justification, may submit, for approval by the Council, a
to allow data conveyed in Certificates of Origin
request

2.
In order to carry out this provision, the Council shall
examine the progress made by the Organisation in achieving
the objectives of this Agreement as specified in Article 1.

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Article 36

Sustainable coffee sector

Members
shall give due consideration to the sustainable
management of coffee resources and processing, bearing in
mind the principles and objectives on sustainable development
contained in Agenda 21 adopted by the United Nations
Conference on Environment and Development held in Rio de
Janeiro in 1992 and those adopted at the World Summit on
Sustainable Development held in Johannesburg in 2002.

Article 37

Standard of living and working conditions

Members shall give consideration to improving the standard of
living and working conditions of populations engaged in the
coffee sector, consistent with their
stage of development,
bearing in mind internationally recognised principles and
applicable standards on these matters. Furthermore, Members
agree that labour standards shall not be used for protectionist
trade purposes.

CHAPTER XIV

CONSULTATIONS, DISPUTES AND COMPLAINTS

Article 38

Consultations

Each Member shall accord sympathetic consideration to, and
shall afford adequate opportunity for, consultation regarding
such representations as may be made by another Member
with respect to any matter relating to this Agreement. In the
course of such consultation, on request by either party and with
the consent of the other, the Executive Director shall establish
an independent panel which shall use its good offices with a
view to conciliating the parties. The costs of the panel shall not
be chargeable to the Organisation. If a party does not agree to
the establishment of a panel by the Executive Director, or if the
consultation does not lead to a solution, the matter may be
referred to the Council
in accordance with the provisions of
Article 39. If the consultation does lead to a solution, it shall
be reported to the Executive Director who shall distribute the
report to all Members.

Article 39

Disputes and complaints

1.
Any dispute concerning the interpretation or application
of this Agreement which is not settled by negotiation shall, at
the request of any Member party to the dispute, be referred to
the Council for decision.

The Council shall establish a disputes and complaints

2.
settlement procedure.

CHAPTER XV

FINAL PROVISIONS

Article 40

Signature and ratification, acceptance or approval

signature at

Except as otherwise provided,

this Agreement shall be
1.
open for
from
1 February 2008 until and including 31 August 2008 by
to the International Coffee Agreement
Contracting Parties
2001 and Governments invited to the session of the Council
at which this Agreement was adopted.

the Depositary headquarters

2.
This Agreement shall be subject to ratification, acceptance
or approval by the signatory Governments in accordance with
their respective legal procedures.

3.
Except as provided for in Article 42, instruments of rati­
fication, acceptance or approval shall be deposited with the
Depositary not later than 30 September 2008. However, the
Council may decide to grant extensions of time to signatory
Governments which are unable to deposit their instruments by
that date. Such decisions shall be transmitted by the Council to
the Depositary.

Upon signature and ratification, acceptance or approval,
4.
the European
or notification of provisional
Community shall deposit a declaration with the Depositary
confirming its exclusive competence over matters governed by
this Agreement. The Member
European
Community shall not be eligible to become Contracting
Parties to the Agreement.

application,

States of

the

Article 41

Provisional application

A signatory Government which intends to ratify, accept or
approve this Agreement may, at any time, notify the Depositary
that it will apply this Agreement provisionally in accordance
with its legal procedures.

Article 42

Entry into force

least

the votes of

two-thirds of

two-thirds of

This Agreement shall enter into force definitively when
1.
signatory Governments holding at
the
votes of the exporting Members and signatory Governments
least
holding at
the importing
calculated as at 28 September 2007, without
Members,
terms
reference
of
to
ratification,
Article 21,
acceptance or approval. Alternatively,
it shall enter into force
definitively at any time if
is provisionally in force in
it
accordance with the provisions of paragraph 2 of this Article
and these percentage requirements are satisfied by the deposit of
instruments of ratification, acceptance or approval.

suspension under
instruments

possible
have

deposited

the
of

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If this Agreement has not entered into force definitively by
2.
25 September 2008, it shall enter into force provisionally on
if
that date, or on any date within 12 months thereafter,
signatory Governments
in
holding
paragraph 1 of this Article, have deposited instruments of rati­
fication, acceptance or approval, or have notified the Depositary
in accordance with the provisions of Article 41.

described

votes

as

3.
If this Agreement has entered into force provisionally but
has not entered into force definitively by 25 September 2009, it
shall cease to be in force provisionally unless those signatory
Governments which have deposited instruments of ratification,
acceptance or approval, or have notified the Depositary in
accordance with the provisions of Article 41, decide, by
mutual consent, that it shall continue in force provisionally
for a specific period of
time. Such signatory Governments
may also decide, by mutual consent, that this Agreement shall
enter into force definitively among themselves.

If this Agreement has not entered into force definitively or
4.
provisionally by 25 September 2009 under the provisions of
paragraph 1 or 2 of this Article, those signatory Governments
which have deposited instruments of ratification, acceptance or
approval, in accordance with their laws and regulations, may, by
mutual consent, decide that it shall enter into force definitively
among themselves.

Article 43

Accession

Except as otherwise provided for in this Agreement, the
1.
Government of any State member of the United Nations or of
any of its specialised agencies or any intergovernmental organ­
isation described in paragraph 3 of Article 4 may accede to this
Agreement in accordance with procedures which shall be estab­
lished by the Council.

Article 45

Voluntary withdrawal

Any Contracting Party may withdraw from this Agreement at
to the
any time by giving a written notice of withdrawal
Depositary. Withdrawal shall become effective 90 days after
the notice is received.

Article 46

Exclusion

this Agreement and decides further
the operation of

If the Council decides that any Member is in breach of its
that
obligations under
such breach significantly
this
impairs
Agreement, it may exclude such Member from the Organisation.
The Council shall immediately notify the Depositary of any such
decision. Ninety days after the date of the Council’s decision,
such Member shall cease to be a Member of the Organisation
and a Party to this Agreement.

Article 47

Settlement of accounts with withdrawing or excluded
Members

1.
The Council shall determine any settlement of accounts
with a withdrawing or excluded Member. The Organisation shall
retain any amounts already paid by a withdrawing or excluded
Member and such Member shall remain bound to pay any
amounts due from it to the Organisation at the time the with­
drawal or the exclusion becomes effective; provided, however,
that in the case of a Contracting Party which is unable to accept
an amendment and consequently ceases to participate in this
Agreement under the provisions of paragraph 2 of Article 49,
the Council may determine any settlement of accounts which it
finds equitable.

2.
Instruments of accession shall be deposited with the
Depositary. The accession shall take effect upon deposit of the
instrument.

2.
A Member which has ceased to participate in this
Agreement shall not be entitled to any share of the proceeds
of liquidation or the other assets of the Organisation; nor shall
it be liable for payment of any part of the deficit, if any, of the
Organisation upon termination of this Agreement.

3.
Upon deposit of an instrument of accession, any intergo­
vernmental organisation referred to in paragraph 3 of Article 4
shall deposit a declaration confirming its exclusive competence
over matters governed by this Agreement. The member States
of such organisation shall not be eligible to become Contracting
Parties to this Agreement.

Article 48

Duration, extension and termination

1.
This Agreement shall remain in force for a period of ten
years after it enters into force provisionally or definitively unless
extended under the provisions of paragraph 3. of this Article or
terminated under the provisions of paragraph 4 of this Article.

Article 44

Reservations

Reservations may not be made with respect
provisions of this Agreement.

to any of

the

The Council shall review this Agreement five years after its

2.
entry into force and shall take decisions as appropriate.

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Official Journal of the European Union

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The Council may decide to extend this Agreement beyond
3.
its expiry date for one or more successive periods not to exceed
eight years in total. Any Member which does not accept any
such extension of this Agreement shall so inform the Council
and the Depositary in writing before the commencement of the
period of extension and shall cease to be a Party to this
Agreement from the beginning of the period of extension.

The Council may at any time decide to terminate this
4.
Agreement. Termination shall take effect on such date as the
Council shall decide.

Notwithstanding the termination of this Agreement, the
5.
Council shall remain in being for as long as necessary to take
such decisions as are needed during the period of time required
for
its
accounts and disposal of its assets.

the liquidation of

the Organisation,

settlement of

6.
Any decision taken with respect to the duration and/or
termination of this Agreement and any notification received by
the Council pursuant to this Article shall be duly transmitted by
the Council to the Depositary.

Article 49

Amendment

The Council may propose

an amendment of
such proposal

the
1.
Agreement and shall
to all
communicate
Contracting Parties. The amendment shall enter into force for
all Members of the Organisation 100 days after the Depositary
has received notifications of acceptance from Contracting Parties
holding at
the exporting
Members, and from Contracting Parties holding at least two-
thirds of the votes of the importing Members. The two-thirds
percentage referred to herein shall be calculated based upon the
number of Contracting Parties to the Agreement at the time
that
the amendment was circulated to the
Contracting Parties concerned for acceptance. The Council

the proposal of

two-thirds of

the votes of

least

shall fix a time within which Contracting Parties shall notify
the Depositary of their acceptance of the amendment, which
shall be communicated by the Council to all Contracting Parties
the
and the Depositary.
the
percentage requirements
amendment have not been met,
the amendment shall be
considered withdrawn.

If, on expiry of such time limit,
the entry into effect of

for

Unless the Council decides otherwise, any Contracting
2.
Party which has not notified acceptance of an amendment
within the period fixed by the Council shall cease to be a
Contracting Party to this Agreement from the date on which
such amendment becomes effective.

The Council

3.
any
amendments distributed to the Contracting Parties under this
Article.

the Depositary of

shall notify

Article 50

Supplementary and transitional provision

All acts by or on behalf of the Organisation or any of its organs
under the International Coffee Agreement 2001 shall remain in
effect until the entry into force of this Agreement.

Article 51

Authentic texts of the Agreement

The texts of this Agreement in the English, French, Portuguese
and Spanish languages shall all be equally authentic. The
originals shall be deposited with the Depositary.

IN WITNESS WHEREOF the undersigned, having been duly
authorised to this effect by their respective Governments, have
signed this Agreement on the dates appearing opposite their
signatures.

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Official Journal of the European Union

15.7.2008

ANNEX

CONVERSION FACTORS FOR ROASTED, DECAFFEINATED, LIQUID AND SOLUBLE COFFEE AS DEFINED
IN THE INTERNATIONAL COFFEE AGREEMENT 2001

Roasted coffee

To find the equivalent of roasted coffee to green coffee, multiply the net weight of roasted coffee by 1,19.

Decaffeinated coffee

To find the equivalent of decaffeinated coffee to green coffee, multiply the net weight of the decaffeinated coffee in green,
roasted or soluble form by 1,00, 1,19 or 2,6 respectively.

Liquid coffee

To find the equivalent of liquid coffee to green coffee, multiply the net weight of the dried coffee solids contained in the
liquid coffee by 2,6.

Soluble coffee

To find the equivalent of soluble coffee to green coffee, multiply the net weight of the soluble coffee by 2,6.

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Declaration of the European Community in accordance with Article 40(4) of the International
Coffee Agreement 2007

In accordance with Article 40(4) of the International Coffee Agreement 2007, the European Community
declares that, in accordance with the Treaty establishing the European Community, the matters governed by
the Agreement fall within the exclusive competence of the European Community under the common
commercial policy.