CELEX: 51992PC0116
Language: en
Date: 1992-04-01
Title: Proposal for a COUNCIL DECISION concerning notification of the acceptance by the Community of the International Coffee Agreement 1983, as extended to 30 September 1993

COMMISSION OF THE EUROPEAN COMMUNITIES
                                     C0M(92)116 final
                                     Brussels, 1 Apr I I 1992
                          Proposal for a
                         COUNCIL DECISION
     concerning notification of the acceptance by the Community of
               the International Coffee Agreement 1983,
                   as extended to 30 September 1993
                  (presented by the Commission)
 ---pagebreak---                                "C ""
                           EXPLANATORY MEMORANDUM
With Council Decision 87/485/EEC of 28 September 1987,1 the Community
approved the International Coffee Agreement 1983 which came into force on
1 October 1983 for a period of six years expiring on 30 September 1989.
Article 68 of the Agreement specifies that the Agreement may be extended,
with or without amendments, or renegotiated.
With resolution No 347 of 4 July 1989, the International Coffee Council
decided to extend the International Coffee Agreement 1983 for a period of
two years, until 30 September 1991, while suspending a number of
provisions, including most of Chapter VII. The Community notified the UN
Secretary-General of its acceptance of the Agreement as extended on
29 September 1989.
With resolution No 352 of 28 September 1990, the International Coffee
Council decided to extend the International Coffee Agreement 1983 for a
further period of one year, until 30 September 1992. The Community notified
the UN Secretary-General of its acceptance of the Agreement as extended on
19 September 1991.
With resolution No 355 of 27 September 1991, the International Coffee
Council decided to extend the International Coffee Agreement 1983 for a
further period of one year, until 30 September 1993.
The Commission believes that the Community and its Member States should
complete the necessary formalities to take part in the Agreement as
extended as quickly as possible, and in any case before 25 September 1992.
It is important that the Community and its Member States should, on the
basis of a jointly agreed position, notify simultaneously the UN
Secretary-General of their acceptance of the Agreement as extended, since
any individual moves on the part of the Member States would be contrary to
the EEC Treaty.
1  OJ L 276, 29.9.1987.
 ---pagebreak---                               7
                             y
                                   PROPOSAL FOR A
                               COUNCIL DECISION
       concerning notification of the acceptance by -the Community of
                  the International Coffee Agreement 1983,
                      as extended to 30 September 1993
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 113 and 116 thereof,
Having regard to the proposal from the Commission,
Whereas the Council approved, by Decision 87/485/EEC1, the International
Coffee Agreement 1983, which came into force on 1 October 1983 for a period
of six years expiring on 30 September 1989;
Whereas, by resolution No 347 of 4 July 1989, the International Coffee
Council decided to extend the Agreement for a period of two years until
30 September 1991; whereas, by resolution No 352 of 28 September 1990, the
International Coffee Council decided to extend the Agreement for a further
period of one year until 30 September 1992; whereas, by resolution No 355
of 27 September 1991, the International Coffee Council decided to extend
the Agreement for a further period of one year until 30 September 1993;
Whereas the Community and its Member States should simultaneously notify
the United Nations Secretary-General of their acceptance of the Agreement
as extended until 30 September 1993,
1   OJ L 276, 29.9.1987, p.61.
 ---pagebreak---                           • / -
HAS DECIDED AS FOLLOWS:
Article 1
1. In accordance with resolution No 355 of 27 September 1991 of the
   International Coffee Council/ the International Coffee Agreement 1983,
   as extended until 30 September 1993, is hereby approved on behalf of the
   European Economic Community.
   The text of the resolution is attached to this Decision.
2. The Community and its Member States, once they have completed the
   necessary internal procedures, shall simultaneously notify the
   United Nations Secretary-General of their acceptance of the Agreement as
   extended until 30 September 1993.
Article 2
The President of the Council is hereby authorized to designate the person
empowered to deposit, on behalf of the European Economic Community, the
notification referred to in Article 1(2).
Done at
                                For the Council
                                The President
Certified true copy
For the Secretary-General
Director-General
 ---pagebreak--- ORGANIZACION
                    INTERNATIONAL
                    INTERNACIONAL DEL CAFE
                                              ©  COFFEE          ORGANIZATION
ORGANIZACAO         INTERNACIONAL DO CAFE
ORGANISATION        INTERNATIONALE DU CAFE
International Coffee Council                     ICC      Resolution No. 355 (E)
Fifty-seventh Session
23 - 27 September 1991                                    30 September 1991
London, England                                           Original: English
                              RESOLUTION NUMBER 355
             (APPROVED AT THE SIXTH PLENARY MEETING, 27 SEPTEMBER 1991)
                   INTERNATIONAL COOPERATION ON COFFEE
WHEREAS:
       Noting that 29 years of existence of international coffee agreements have
demonstrated that they have been useful and positive instruments for international
cooperation;
        Noting that a number of new proposals and ideas have been put forward both
by Producers and Consumers with respect to dealing both with the immediate market
situation and with the development of measures for the future organization of the
market;
        Noting that the political will and constructive spirit exist to examine all possible
bases for a new International Coffee Agreement to be negotiated in the near
future; and
        Noting that the International Coffee Agreement 1983 as extended by Resolutions
numbers 347 and 352 is due to expire on 30 September 1992 and that in order to give
 ---pagebreak--- sufficient time both to study and implement such new proposals and ideas and to
ensure that the forum of the International Coffee Organization be maintained, it is
necessary that the International Coffee Agreement 1983 be further extended,
        THE INTERNATIONAL COFFEE COUNCIL
RECOGNIZES:
        That the continuation of the present market situation, with real prices of coffee
at their lowest levels since the 1930s, is having a highly damaging impact on the
economies of the coffee producing countries and is jeopardizing future prospects for
maintaining production and quality, and
RESOLVES:
1.      That the International Coffee Agreement 1983 as Extended shall be further
extended for one additional year from 1 October 1992 to 30 September 1993.
2.      To establish a Working Group, open to all Members, to carry out a wide-ranging
review of all proposals and ideas on future international cooperation on coffee matters
and to report to the first ordinary session of the Council in coffee year 1991/92 and in
any case not later than the first week of April 1992. On the basis of this report the
Council shall decide on the negotiation of a new International Coffee Agreement with
a view to completing it not later than 31 December 1992.
3.      That the International Coffee Agreement 1983 as Extended shall continue in
force as from 1 October 1992 in accordance with the provisions of paragraph 1 of this
Resolution among those Contracting Parties which have notified their acceptance, in
accordance with their laws and regulations, of such further extension to the Secretary-
General of the United Nations by 25 September 1992, if on that date such Contracting
Parties represent at least 20 exporting Members holding a majority of the votes of the
exporting Members, and at least 10 importing Members holding a majority of the votes
 ---pagebreak--- of importing Members. The votes for this purpose shall be calculated as at 1 July 1992.
Such notifications shall be signed by the Head of State or Government, or Minister for
Foreign Affairs, or made under full powers signed by one of the foregoing. In the case
of an international organization, the notification shall be signed by a representative
duly authorized in accordance with the rules of the Organization, or made under full
powers signed by such a representative.
4.     That a notification by a Contracting Party containing an undertaking to continue
to apply provisionally, in accordance with its laws and regulations, the Agreement as
Extended, which is received by the Secretary-General of the United Nations not later
than 25 September 1992, shall be regarded as equal in effect to a notification of
acceptance of the further extension of the International Coffee Agreement 1983 as
Extended. Such Contracting Party shall enjoy all the rights and assume all the
obligations of a Member. However, if formal notification of acceptance of the further
one-year extension of the International Coffee Agreement 1983 as Extended is not
received by the Secretary-General of the United Nations by 31 March 1993 or such later
date as the Council may determine, such Contracting Party shall as of that date cease
to participate in the Agreement.
5.     That any Contracting Party to the International Coffee Agreement 1983 as
Extended which has not made the notifications of acceptance provided for in
paragraphs 3 and 4 of this Resolution, may accede to the Agreement by 31 March 1993
or such later date as the Council may determine on condition that on depositing its
instrument of accession such Contracting Party undertakes to fulfil all its previous
obligations under the Agreement with retroactive effect from 1 October 1992.
6.     That if the requirements for the continuation in force for a further period of one
year of the International Coffee Agreement 1983 as Extended have not been met in
 ---pagebreak---                                     -?-
accordance with the provisions of paragraphs 3 and 4 of this Resolution, those
Governments which have notified acceptance or provisional application of such further
extension shall meet to decide:
       (a)    whether the Agreement should continue in force among themselves, and,
              if so, to establish the conditions for the continued operation of the
              Organization; or
       (b)    whether to make arrangements for the liquidation of the Organization in
              accordance with the provisions of paragraph (4) of Article 68 of the
              Agreement.
7.     To request the Executive Director to convey this Resolution to the Secretary-
General of the United Nations.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (92) 116 final
                                                      DOCUMENTS
EN                                                                          03 11
                                Catalogue number: CB-CO-92-140-EN-C
                                                             ISBN 92-77-42459-1
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