CELEX: 21974A0402(01)
Language: en
Date: 1979-12-10 00:00:00
Title: Protocols for the extension of the Wheat Trade Convention and Food Aid Convention constituting the International Wheat Agreement, 1971

No L 39 /2                            Official Journal of the European Communities                               15 . 2 . 80
                                                      PROTOCOLS
              for the extension of die Wheat Trade Convention and Food Aid Convention constituting the
                                          International Wheat Agreement, 1971
                                                        PREAMBLE
              The Governments participating in the Conference to establish the texts of the Protocols for
              the extension of the Conventions constituting the International Wheat Agreement, 1971 :
               Considering that the International Wheat Agreement of 1949 was revised, renewed or
               extended in 1953 , 1956, 1959, 1962, 1965 , 1966, 1967, 1968 and 1971 ;
               Considering that the International Wheat Agreement, 1971 , consisting of two separate legal
               instruments, the Wheat Trade Convention, 1971 and the Food Aid Convention, 1971 , will
               expire on 30 June 1974 ;
               Have established the texts of Protocols for the extension of the Wheat Trade Convention,
               1971 and for the extension of the Food Aid Convention, 1971 .
                     PROTOCOL FOR THE EXTENSION OF THE WHEAT TRADE CONVENTION, 1971
THE GOVERNMENTS PARTY TO THIS PROTOCOL,                          (a) Article 19 (4);
Considering that the Wheat Trade Convention, 1971                (b) Articles 22 to 26 inclusive;
(hereinafter referred to as ' the Convention') of the            (c) Article 27 ( 1 );
International Wheat Agreement, 1971 expires on
30 June 1974,                                                    (d) Articles 29 to 3 1 inclusive.
                                                                                          Article 3
                                                                                          Definition
HAVE AGREED AS FOLLOWS :
                                                                 Any reference in this Protocol to a 'Government' or
                                                                 'Governments' shall be construed as including a
                          Article 1                              reference to the European Economic Community
                                                                  (hereinafter referred to as 'the Community').
                                                                 Accordingly, any reference in this Protocol to 'signature'
   Extension, expiry and termination of the Convention           or to the 'deposit of instruments of ratification,
                                                                  acceptance, approval or conclusion' or 'an instrument
 Subject to the provisions of Article 2 of this Protocol,         of accession' or a 'declaration of provisional
 the Convention shall continue in force between the
                                                                  application' by a Government shall, in the case of the
 parties to this Protocol until 30 June 1975, provided            Community, be construed as including signature or
 that, if a new International Agreement covering wheat            declaration of provisional application on behalf of the
 enters into force before 30 June 1975 , this Protocol
                                                                  Community by its competent authority and the deposit
 shall remain in force only until the date of entry into
                                                                  of the instrument required by the institutional
 force of the new Agreement.
                                                                  procedures of the Community to be deposited for the
                                                                  conclusion of an International Agreement.
                          Article 2                                                        Article 4
          Inoperative provisions of the Convention                                          Finance
 The following provisions of the Convention shall be              The initial contribution of any exporting or importing
 deemed to be inoperative with effect from 1 July 1974 :           member acceding to this Protocol, under Article 7 ( 1 )
 ---pagebreak--- 15 . 2. 80                            Official Journal of the European Communities                              No L 39 /3
(b) thereof, shall be assessed by the Council on the basis      2 . Accession shall be effected by the deposit of an
of the votes to be distributed to it and the period             instrument of accession with the Government of the
remaining in the current crop year, but the assessments         United States of America.
made upon other exporting and importing members for
the current crop year shall not be altered.                     3 . Where, for the purposes of the operation of the
                                                                Convention and this Protocol, reference is made to
                                                                members listed in Annex A or B to the Convention, any
                                                                member the Government of which has acceded to the
                                                                Convention on conditions prescribed by the Council, or
                         Article 5                              to this Protocol in accordance with paragraph ( 1 ) (b) of
                                                                this Article, shall be deemed to be listed in the
                         Signature                               appropriate Annex.
This Protocol shall be open for signature in Washington
from 2 April 1974 until and including 22 April 1974 by                                    Article 8
Governments of countries party to the Convention, or
which are provisionally regarded as party to the
Convention, on 2 April 1974, or which are members of                               Provisional application
the United Nations, of its specialized agencies or of the
International Atomic Energy Agency, and are listed in            Any signatory Government may deposit with the
                                                                 Government of the United States of America a
Annex A or Annex B to the Convention.
                                                                 declaration of provisional application of this Protocol.
                                                                 Any other Government eligible to sign this Protocol or
                                                                 whose application for accession is approved by the
                                                                 Council may also deposit with the Government of the
                          Article 6                              United States of America a declaration of provisional
                                                                 application. Any Government depositing such a
     Ratification, acceptance, approval or conclusion            declaration shall provisionally apply this Protocol and
                                                                 be provisionally regarded as a party thereto.
This Protocol shall be subject to ratification,
acceptance, approval or conclusion by each signatory
Government in accordance with its respective                                              Article 9
constitutional or institutional procedures. Instruments
of ratification, acceptance, approval or conclusion shall
                                                                                      Entry into force
be deposited with the Government of the United States
of America not later than 18 June 1974, except that the
 Council may grant one or more extensions of time to             1 . This Protocol shall enter into force among those
                                                                 Governments which have deposited instruments of
 any signatory Government that has not deposited its
 instrument of ratification, acceptance, approval or             ratification, acceptance, approval, conclusion or
 conclusion by that date.                                        accession, or declarations of provisional application, in
                                                                 accordance with Articles 6, 7 and 8 of this Protocol by
                                                                 18 June 1974, as follows:
                                                                 (a) on 19 June 1974, with respect to all provisions of
                                                                     the Convention, other than Articles 3 to 9 inclusive
                          Article 7                                  and Article 21 ; and
                          Accession                              (b) on 1 July 1974, with respect to Articles 3 to 9
                                                                      inclusive, and Article 21 of the Convention,
 1 . This Protocol shall be open for accession:
                                                                 if such instruments of ratification, acceptance, approval,
 (a) until 18 June 1974 by the Government of any                 conclusion or accession, or declarations of provisional
      member listed in Annex A or B to the Convention as         application have been deposited not later than 18 June
      of that date, except that the Council may grant one        1974 on behalf of Governments representing exporting
      or more extensions of time to any Government that          members which held at least 60 % of the votes set out
      has not deposited its instrument by that date; and         in Annex A and representing importing members which
                                                                 held at least 50 % of the votes set out in Annex B, or
  (b) after 18 June 1974 by the Government of any                would have held such votes respectively if they had been
      member of the United Nations, of its specialized           parties to the Convention on that date.
      agencies or of the International Atomic Energy
      Agency upon such conditions as the Council                 2. This Protocol shall enter into force for any
      considers appropriate by not less than two-thirds of       Government that deposits an instrument of ratification,
      the votes cast by exporting members and two-thirds         acceptance, approval, conclusion or accession after
      of the votes cast by importing members.                     19 June 1974 in accordance with the relevant provisions
 ---pagebreak--- No L 39/4                            Official Journal of the European Communities                                  15 . 2 . 80
of this Protocol, on the date of such deposit, except that       each notification and notice received under Article 27
no part of it shall enter into force for such a                  of the Convention and each declaration and notification
Government until that part enters into force for other           received under Article 28 of the Convention.
Governments under paragraph ( 1 ) or (3 ) of this Article.
3.   If this Protocol does not enter into force in
                                                                                          Article 11
accordance with paragraph ( 1 ) of this Article, the
Governments which have deposited instruments of
                                                                                Certified copy of the Protocol
ratification, acceptance, approval, conclusion or
accession, or declarations of provisional application,
may decide by mutual consent that it shall enter into            As soon as possible after the definitive entry into force
force among those Governments that have deposited                of this Protocol, the depositary Government shall send a
instruments of ratification acceptance, approval,                certified copy of this Protocol in the English, French,
conclusion or accession, or declarations of provisional          Russian and Spanish languages to the Secretary-General
application.
                                                                 of the United Nations for registration in accordance
                                                                 with Article 102 of the Charter of the United Nations.
                                                                 Any amendments to this Protocol shall likewise be
                                                                 communicated.
                         Article 10
          Notification by depositary Government
                                                                                          Article 12
The Government of the United States of America as the
depositary Government shall notify all signatory and                         Relationship of preamble to Protocol
acceding Governments of each signature, ratification,
acceptance, approval, conclusion, provisional appli­             This Protocol includes the preamble to the Protocols to
cation of, and accession to, this Protocol, as well as of        extend the International Wheat Agreement, 1971 .
               In witness whereof the undersigned, having been duly authorized to this effect by their
               respective Governments or authorities, have signed this Protocol on the dates appearing
               opposite their signatures.
               The texts of this Protocol in the English, French, Russian and Spanish languages shall be
               equally authentic. The originals shall be deposited with the Government of the United States
               of America, which shall transmit certified copies thereof to each signatory and acceding
               party and to the Executive Secretary of the Council.
                       PROTOCOL FOR THE EXTENSION OF THE FOOD AID CONVENTION, 1971
 THE PARTIES TO THIS PROTOCOL,                                    parties to fhis Protocol until 30 June 1975, provided
                                                                  that, if a new Agreement covering food aid enters into
                                                                  force before 30 June 1975 this Protocol shall remain in
 Considering that the Food Aid Convention, 1971                   force only until the date of entry into force of the new
 (hereinafter referred to as 'the Convention' of the              Agreement.
 International Wheat Agreement, 1971 expires on
 30 June 1974,
                                                                                           Article II
 HAVE AGREED AS FOLLOWS :
                                                                           Inoperative provisions of the Convention
                          Article I
   Extension, expiry and termination of the Convention            The provisions of Article II ( 1 ), (2) and (3), Article III
                                                                  ( 1 ), and of Articles VI to XIV, inclusive, of the
 Subject to the provisions of Article II of this Protocol,        Convention shall be deemed to be inoperative with
 the Convention shall continue in force between the               effect from 1 July 1974 .
 ---pagebreak--- 15 . 2 . 80                           Official Journal of the European Communities                             No L 39/5
                         Article 111                            that their contribution is at least equal to that which
                                                                 they agreed to make in the Food Aid Convention, 1967
                   International food aid                        or, subsequently, in the Food Aid Convention, 1971 .
1 . The parties to this Protocol agree to contribute as
food aid to the developing countries, wheat, coarse                                       Article VI
grains or products derived therefrom, suitable for
human consumption and of an acceptable type and                      Ratification, acceptance, approval or conclusion
quality, or the cash equivalent thereof, in the minimum
annual amounts specified in paragraph 2 below.                   This Protocol shall be subject to ratification,
                                                                 acceptance, approval or conclusion by each signatory in
2 . The minimum annual contribution of each party to             accordance with      its   constitutional or institutional
this Protocol is fixed as follows :                              procedures, provided that it also ratifies, accepts,
                                                                 approves or concludes the Protocol to extend the Wheat
                                                tonnes
                                                                 Trade Convention, 1971 . Instruments of ratification,
     Argentina                                  23 000
                                                                 acceptance, approval or conclusion shall be deposited
     Australia                                 225 000           with the Government of the United States of America
     Canada                                    495 000
                                                                 not later than 18 June 1974, except that the Food Aid
     Finland                                    14 000
                                                                 Committee may grant one or more extensions of time to
     Japan                                     225 000
                                                                 any signatory that has not deposited its instrument of
     Sweden                                     35 000
                                                                 ratification, acceptance, approval or conclusion by that
     Switzerland                                32 000           date.
     United States of America               1 890  000
                                                                                          Article VII
3 . For the purpose of the operation of this Protocol,
any party which has signed this Protocol pursuant to                                       Accession
Article V (2) thereof, or which has acceded to this
Protocol pursuant to the appropriate provisions of               1 . This Protocol shall be open for accession by any
Article VII thereof, shall be deemed to be listed in             party referred to in Article V of this Protocol, provided
Article III (2) of this Protocol together with the               it also accedes to the Protocol to extend the Wheat
minimum contribution of such party as determined in              Trade Convention, 1971 and provided further that in
accordance with the relevant provisions of Article V or          the case of parties referred to in Article V (2) their
Article VII of this Protocol.                                    contribution is at least equal to that which they agreed
                                                                 to make in the Food Aid Convention, 1967 or,
                         Article IV                              subsequently, in the Food Aid Convention, 1971 .
                                                                 Instruments of accession under this paragraph shall be
                    Food Aid Committee                           deposited not later than 18 June 1974, except that the
                                                                 Food Aid Committee may grant one or more extensions
 There shall be established a Food Aid Committee whose           of time to any party that has not deposited its
 membership shall consist of the parties listed in               instrument of accession by that date.
 Article III (2) of this Protocol and of those others that
 become parties to this Protocol. The Committee shall            2. The Food Aid Committee may approve accession to
 appoint a chairman and a vice-chairman.                         this Protocol, as a donor, by the Government of any
                                                                 member of the United Nations, of its specialized
                                                                 agencies or of the International Atomic Energy Agency,
                          Article V                              on such conditions as the Food Aid Committee
                                                                 considers appropriate, provided that the Government
                          Signature                              also accedes at the same time to the Protocol to extend
                                                                 the Wheat Trade Convention, 1971 , if not already a
 1 . This Protocol shall be open for signature in                party to it.
Washington from 2 April 1974 until and including
 22 April 1974 by the Governments of Argentina,                  3 . Accession shall be effected by the deposit of an
 Australia, Canada, Finland, Japan, Sweden, Switzerland          instrument of accession with the Government of the
 and the United States of America, provided that they            United States of America.
 sign both this Protocol and the Protocol to extend the
 Wheat Trade Convention, 1971 .
                                                                                         Article VIII
 2 . This Protocol shall also be open for signature, on
 the same conditions, to parties to the Food Aid                                   Provisional application
 Convention, 1967 or to the Food Aid Convention,
 1971 , and to those provisionally regarded as parties to        Any party referred to in Article V of this Protocol may
 the Food Aid Convention, 1971 , which are not                   deposit with the Government of the United States of
 enumerated in paragraph 1 of this Article, provided             America a declaration of provisional application of this
 ---pagebreak--- No L 39/6                             Official Journal of the European Communities                               15 . 2 . 80
Protocol, provided it also deposits a declaration of            deposited instruments of ratification, acceptance,
provisional application of the Protocol to extend the           approval, conclusion or accession, or declarations of
Wheat Trade Convention, 1971 . Any other party whose            provisional application may decide by mutual consent
application for accession is approved may also deposit          that it shall enter into force among those parties that
with the Government of the United States of America a           have deposited instruments of ratification, acceptance,
declaration of provisional application, provided that the       approval, conclusion or accession, or declarations of
party also deposits a declaration of provisional                provisional application, provided that the Protocol to
application of the Protocol to extend the Wheat Trade           extend the Wheat Trade Convention, 1971 is in force,
Convention, 1971 , unless it is already a party to that         or they may take whatever other action they consider
Protocol or has already deposited a declaration of              the situation requires.
provisional application of that Protocol. Any such party
depositing such a declaration shall provisionally apply
this Protocol and be provisionally regarded as a party                                  Article X
thereto.
                                                                         Notification by depositary Government
                        Article IX                              The Government of the United States of America as the
                                                                depositary Government shall notify all signatory and
                     Entry into force                           acceding parties of each signature, ratification,
                                                                acceptance, approval, conclusion, provisional appli­
1 . This Protocol shall enter into force for those parties      cation of, and accession to this Protocol.
that have deposited instruments of ratification,
acceptance, approval, conclusion or accession
                                                                                        Article XI
(a) on 19 June 1974 with respect to all provisions other
    than Article II of the Convention and Article III of                      Certified copy of the Protocol
    the Protocol; and
(b) on 1 July 1974 with respect to Article II of the            As soon as possible after the definitive entry into force
    Convention and Article III of the Protocol,                 of this Protocol, the depositary Government shall send a
                                                                certified copy of this Protocol in the English, French,
provided that all Governments listed in Article V ( 1 ) of      Russian and Spanish languages to the Secretary-General
this Protocol have deposited such instruments or a              of the United Nations for registration in accordance
declaration of provisional application by 18 June 1974          with Article 102 of the Charter of the United Nations.
and that the Protocol to extend the Wheat Trade                 Any amendments to this Protocol shall likewise be
Convention, 1971 is in force. For any other party that          communicated.
deposits an instrument of ratification, acceptance,
approval, conclusion or accession after the entry into
force of the Protocol, this Protocol shall enter into force                             Article XII
on the date of such deposit.
                                                                          Relationship of preamble to Protocol
2.  If this Protocol does not enter into force in
accordance with the provisions of paragraph 1 of this           This Protocol includes the preamble to the Protocols to
Article, the parties which by 19 June 1974 have                 extend the International Wheat Agreement, 1971 .
              In witness whereof the undersigned, having been duly authorized to this effect by their
              respective Governments or authorities, have signed this Protocol on the dates appearing
              opposite their signatures.
              The texts of this Protocol in the English, French, Russian and Spanish languages shall all be
              equally authentic. The originals shall be deposited with the Government of the United States
              of America, which shall transmit certified copies thereof to each signatory and acceding
              party.