CELEX: 21978A0826(01)
Language: en
Date: 1978-05-12 00:00:00
Title: 1978 Protocol for the fourth extension of the wheat trading Convention, 1971

26 . 8 . 78                           Official Journal of the European Communities                             No L 236/3
                                                       ADDENDUM
                 PROTOCOLS OF 1978 FOR THE FOURTH EXTENSION OF THE WHEAT
                    TRADING CONVENTION AND THE FOOD AID CONVENTION OF 1971
                         1978 PROTOCOL FOR THE FOURTH EXTENSION OF THE WHEAT
                                              TRADING CONVENTION , 1971
THE GOVERNMENTS PARTY TO THIS                                    reference to the European Economic Community
PROTOCOL,                                                         ( hereinafter referred to as 'the Community').
                                                                 Accordingly, any reference in this Protocol to
 Considering that the Wheat Trading Convention ,                 ' signature' or to the ' deposit of instruments of
 1971 ( hereinafter referred to as ' the Convention'), of        ratification , acceptance, approval or conclusion' or
the International Wheat Agreement, 1971 , which was              ' an instrument of accession' or 'a declaration of
further extended by the 1976 Protocol , expires on                provisional application' by a government shall , in
30 June 1978 ,                                                   the case of the Community, be construed as including
                                                                 signature or declaration of provisional application on
                                                                  behalf of the Community by its competent authority
 HAVE AGREED AS FOLLOWS :                                         and the deposit of the instrument required by the
                                                                  institutional procedures of the Community to be
                                                                  deposited for the conclusion of an International
                           Article 1                               Agreement.
 Extension, expiry and termination of the Convention
                                                                                            Article 4
 Subject to the provisions of Article 2 of this Protocol,
 the Convention shall continue in force between the
 parties to this Protocol until 30 June 1979 provided                                        Finance
 that, if a new International Agreement covering
 wheat enters into force before 30 June 1979 this                 The initial contribution of any exporting or
 Protocol shall remain in force only until the date of            importing member acceding to this Protocol under
 entry into force of the new Agreement.                            Article 7 ( 1 ) ( b ) thereof, shall be assessed by the
                                                                   Council on the basis of the votes to be distributed to
                                                                   it and the period remaining in the current crop year,
                           Article 2
                                                                   but the assessments made upon other exporting and
                                                                   importing members for the current crop yqar shall
          Inoperative provisions of the Convention                 not be altered .
 The following provisions of the Convention shall be
 deemed to be inoperative with effect from 1 July
  1978 :                                                                                     Article 5
  ( a ) Article 19 (4);
                                                                                             Signature
  ( b ) Articles 22 to 26 inclusive ;
  (c) Article 27 ( 1 );                                             This Protocol shall be open for signature in
                                                                    Washington from 26 April 1978 until and including
  ( d ) Articles 29 to 31 inclusive .                               17 May 1978 by governments of countries party to
                                                                   the Convention as further extended by the 1976
                           Article 3
                                                                   Protocol, or which are provisionally regarded as
                                                                    party to the Convention as further extended by the
                                                                    1976 Protocol, on 23 March 1978 , or which are
                           Definition                               members of the United Nations, of its specialized
                                                                    agencies or of the International Atomic Energy
  Any reference in this Protocol to a ' government' or              Agency, and arc listed in Annex A or B to the
   'governments' shall be construed as including a                  Convention .
 ---pagebreak--- No L 236/4                           Official Journal of the European Communities                                26 . 8 . 78
                          Article 6                             declaration of provisional application of this
                                                                Protocol. Any other government eligible to sign this
Ratification, acceptance, approval or conclusion                Protocol or whose application for accession is
                                                                approved by the Council may also deposit with the
                                                                Government of the United States of America a
This Protocol shall be subject to ratification,                 declaration      of    provisional    application.     Any
acceptance, approval or conclusion by each signatory            government depositing such a declaration shall
government in accordance with its respective                    provisionally apply this Protocol and be provisionally
constitutional or institutional procedures. Instru­             regarded as a party thereto.
ments of ratification, acceptance, approval or
conclusion shall be deposited with the Government
of the United States of America not later than 23
June 1978 , except that the Council may grant one or                                      Article 9
more extensions of time to any signatory government
that has not deposited its instrument of ratification ,
acceptance, approval or conclusion by that date.                                      Entry into force
                                                                1 . This Protocol shall enter into force among those
                           Article 7
                                                                governments which have deposited instruments of
                                                                ratification, acceptance, approval, conclusion or
                                                                accession, or declarations of provisional application,
                          Accession
                                                                in accordance with Articles 6, 7 and 8 of this
                                                                Protocol by 23 June 1978 as follows :
1.      This Protocol shall be open for accession :
                                                                ( a) on 24 June 1978 with respect to all provisions of
 ( a ) until 23 June 1978 by the government of any                   the   Convention     other than    Articles 3    to 9
       member     listed  in   Annex   A    or  B  to  the
                                                                     inclusive, and Article 21 ; and
       Convention as of that date, except that the
       Council may grant one or more extensions of
       time to any government that has not desposited           (b ) on 1 July 1978 with respect to Articles 3 to 9
       its instrument by that date ; and                             inclusive, and Article 21 of the Convention,
 ( b ) after 23 June 1978 by the government of any
       member of the United Nations, of its specialized         if such instruments of ratification, acceptance,
       agencies or of the International Atomic Energy           approval, conclusion or accession, or declarations of
       Agency, upon such conditions as the Council              provisional application have been deposited not later
       considers appropriate by not less than two thirds        than 23 June 1978 on behalf of governments
       of the votes cast by exporting members and two           representing exporting members which held at least
       thirds of the votes cast by importing members .          60 %     of   the   votes  set   out in  Annex     A     and
                                                                representing importing members which held at least
2.       Accession shall be effected by the deposit of an       50 % of the votes set out in Annex B, or would have
 instrument of accession with the Government of the             held such votes respectively if they had been parties
 United States of America .                                     to the Convention on that date .
 3.      "Where, for the purposes of the operation of the       2.     This Protocol shall enter into force for any
 Convention and this Protocol, reference is made to             government that deposits an instrument of
 members listed in Annex A or B to the Convention,              ratification, acceptance, approval, conclusion or
 any member the government of which has acceded to              accession after 23 June 1978 in accordance with the
the Convention on conditions prescribed by the                  relevant provisions of this Protocol, on the date of
 Council, or to this Protocol in accordance with                such deposit except that no part of it shall enter into
 paragraph 1 (b) of this Article, shall be deemed to be         force for such a government until that part enters
 listed in the appropriate Annex.                               into force for other governments under paragraph 1
                                                                or 3 of this Article .
                           Article 8
                                                                3.     If this Protocol does not enter into force in
                                                                accordance with paragraph 1 of this Article, the
                    Provisional application                     governments which have deposited instruments of
                                                                ratification, acceptance, approval, conclusion or
 Any signatory government may deposit with the                  accession, or declarations of provisional application,
 Government of the United States of America a                   may decide by mutual consent that it shall enter into
 ---pagebreak--- 26. 8 . 78                          Official Journal of the European Communities                             No L 236/5
force among those governments that have deposited                                       Article 1 1
instruments of ratification, acceptance, approval,
conclusion      or    accession,   or    declarations  of                    Certified copy of the Protocol
provisional application.
                                                               As soon as possible after the definitive entry into
                                                               force of this Protocol, the depositary government
                                                               shall send a certified copy of this Protocol in the
                         Article 10
                                                               English, French, Russian and Spanish languages to
                                                               the Secretary-General of the United Nations for
          Notification by depositary government                registration in accordance with Article 102 of the
                                                               Charter of the United Nations. Any amendments to
                                                                this Protocol shall likewise be communicated .
The Government of the United States of America as
the depositary government shall notify all signatory                                    Article 12
and acceding governments of each signature,
 ratification, acceptance, approval, conclusion,
provisional application of, and accession to, this                      Relationship of the preamble to Protocol
 Protocol as well as of each notification and notice
 received under Article 27 of the Convention and each           This Protocol includes the preamble to the 1978
 declaration and notification received under Article 28         Protocols     for   the   fourth    extension   of   the
of the Convention .                                             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.
                                   1978 PROTOCOL FOR THE FOURTH EXTENSION
                                        OF THE FOOD AID CONVENTION, 1971
 THE PARTIES TO THIS PROTOCOL,                                  parties to this Protocol until 30 June 1979 provided
                                                                that, if a new Agreement covering food aid enters
 Considering that the Food Aid Convention, 1971                 into force before 30 June 1979 this Protocol shall
 ( hereinafter referred to as 'the Convention '), of the        remain in force only until the date of entry into force
 International Wheat Agreement, 1971 , which was                of the new Agreement.
 further extended by the 1976 Protocol, expires on 30
 June 1978,
                                                                                         Article II
 HAVE AGREED AS FOLLOWS :
                          Article I                                     Inoperative provisions of the Convention
 Extension, expiry and termination of the Convention            The provisions of Article II (1), (2) and (3), of 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 1978.
 ---pagebreak--- No L 236/ 6                             Official Journal of the European Communities                                 26 . 8 . 78
                          Article III                               17 May 1978 by the Governments of Argentina,
                                                                   Australia , Canada, Finland, Japan, Sweden,
                   International food aid                          Switzerland and the United States of America, and by
                                                                   the European Economic Community and its Member
                                                                   States, provided that they sign both this Protocol and
1.     The parties to this Protocol agree to contribute            the 1978 Protocol for the fourth extension of the
as food aid to the developing countries, wheat, coarse
                                                                   Wheat Trading Convention , 1971 .
grains or products derived therefrom, suitable for
human consumption and of an acceptable type and
quality, or the cash equivalent thereof, in the                    2.      This Protocol shall also be open for signature,
minimum annual amounts specified in paragraph 2                    on the same conditions, to any party to the Food Aid
below :                                                            Convention , 1967, which is not enumerated in
                                                                   paragraph 1 of this Article, provided that its
2.     The minimum annual             contribution   of each       contribution is at least equal to that which it agreed
party to this Protocol is fixed as follows :                        to make in the Food Aid Convention, 1967.
                                                        (tonnes )
                     States                        Quantities
                                                                                             Article VI
 Argentina                                            23 000
 Australia                                           225 000
                                                                         Ratification, acceptance, approval or conclusion
 Canada                                              495 000
 European Economic Community                       1 287 000         Ihis Protocol shall be subject to ratification,
 Finland                                              14 000
                                                                    acceptance, approval or conclusion by each signatory
                                                                    in accordance with its constitutional or institutional
 Japan                                               225 000        procedures, provided that it also ratifies, accepts,
 Sweden                                               35 000        approves or concludes the 1978 Protocol for the
                                                                    fourth extension of the Wheat Trading Convention ,
 Switzerland                                          32 000
                                                                     1971 . Instruments of ratification , acceptance,
 United States of America                          1 890 000        approval or conclusion shall be deposited with the
                                                                    Government of the United States of America not later
                                                                    than 23 June 1978 , except that the Food Aid
                                                                     Committee may grant one or more extensions of time
 3 . For the purpose of the operation of this                        lo any signatory that has not deposited its instrument
 Protocol, any party which has signed this Protocol                  of ratification , acceptance , approval or conclusion by
 pursuant to Article V ( 2 ) thereof, or which has                   that date .
 acceded to this Protocol pursuant to Article VII ( 2)
 or (3 ) thereof, shall be deemed to be listed in Article
 III (2 ) of this Protocol together with the minimum
 contribution of such party as determined in                                                 Article VII
 accordance with the relevant provisions of Article V
 or VII of this Protocol .
                                                                                              Accession
                            Article IV
                                                                      1.    This Protocol shall be open for accession by any
                     Food Aid Committee                              party referred to in Article V of this Protocol,
                                                                     provided it also accedes to the 1978 Protocol for the
 There shall be established a Food Aid Committee                      fourth extension of the Wheat Trading Convention ,
  whose membership shall consist of the parties listed                1971 , and provided further that in the case of any
  in Article III ( 2) of this Protocol and of those others            party referred to in Article V (2) its contribution is at
  that become parties to this Protocol. The Committee                 least equal to that which it agreed to make in the
  shall appoint a chairman and a vice-chairman .                      Food Aid Convention , 1967. Instruments of accession
                                                                      under this paragraph shall be deposited not later than
                                                                      23 June 1978 , except that the Food Aid Committee
                            Article V                                 may grant one or more extensions of time to any
                                                                      party that has not deposited its instrument of
                             Signature                                accession by that date.
   1.    This Protocol shall be open for signature in                 2.    The Food Aid Committee may approve
  Washington from 26 April 1978 until and including                   accession to this Protocol, as a donor, by the
 ---pagebreak--- 26 . 8 . 78                          Official Journal of the European Communities                           No L 236/7
government of any member of the United Nations, of             extension of the Wheat Trading Convention, 1971 , is
its specialized agencies or of the International Atomic        in force. For any other party that deposits an instru­
Energy Agency, on such conditions as the Food Aid              ment of ratification, acceptance, approval, conclusion
Committee considers appropriate, provided that the             or accession after the entry into force of the Protocol,
government also accedes at the same time to the 1978           this Protocol shall enter into force on the date of
 Protocol for the fourth extension of the Wheat                such deposit.
Trading Convention, 1971 , if not already a party to it.
                                                               2.     If this Protocol does not enter into force in
3.      Accession shall be effected by the deposit of an       accordance with the provisions of paragraph 1 of this
instrument of accession with the Government of the             Article, the parties which by 24 June 1978 have
United States of America .                                     deposited instruments of ratification, acceptance,
                                                               approval, conclusion or accession, or declarations of
                                                               provisional application may decide by mutual
                                                               consent that it shall enter into force among those
                         Article VIII                           parties that have deposited instruments of
                                                               ratification, acceptance, approval, conclusion or
                                                                accession, or declarations of provisional application ,
                   Provisional application                      provided that the 1978 Protocol for the fourth
                                                                extension of the Wheat Trading Convention, 1971 , is
Any party referred to in Article V of this Protocol             in force, or they may take whatever other action they
may deposit with the Government of the United                   consider the situation requires.
 States of America a declaration of provisional
 application of this Protocol, provided it also deposits
 a declaration of provisional application of the 1978
 Protocol for the fourth extension of the Wheat                                         Article X
 Trading Convention, 1971 . Any other party whose
 application for accession is approved may also deposit
 with the Government of the United States of America                     Notification by depositary government
 a declaration of provisional application, provided that
 the party also deposits a declaration of provisional           The Government of the United States of America as
 application of the 1978 Protocol for the fourth                the depositary government shall notify all signatory
 extension of the Wheat Trading Convention, 1971 ,              and acceding parties of each signature, ratification,
unless it is already a party to that Protocol or has           acceptance, approval, conclusion, provisional
 already deposited a declaration of provisional                 application of, and accession to this Protocol.
 application of that Protocol. Any such party
depositing such a declaration shall provisionally
 apply this Protocol and be provisionally regarded as
 a party thereto.                                                                       Article XI
                                                                             Certified copy of the Protocol
                          Article IX
                                                                As soon as possible after the definitive entry into
                                                                force of this Protocol, the depositary government
                        Entry into force                        shall send a certified copy of this Protocol in the
                                                                English, French, Russian and Spanish languages to
 1.      This Protocol shall enter into force for those         the Secretary-General of the United Nations for
parties that have deposited instruments of                      registration in accordance with Article 102 of the
 ratification , acceptance, approval, conclusion or             Charter of the United Nations. Any amendments to
 accession :                                                    this Protocol shall likewise be communicated.
 (a) on 24 June 1978 with respect to all provisions
      other than Article II of the Convention and
       Article III of the Protocol, and                                                 Article XII
 (b ) on 1 July 1978 with respect to Article II of the
       Convention and Article III of the Protocol,
                                                                        Relationship of the preamble to Protocol
 provided that all parties listed in Article V ( 1 ) of this
 Protocol have deposited such instruments or a                  This Protocol includes the preamble to the 1978
 declaration of provisional application by 23 June              Protocols     for   the    fourth   extension   of  the
 1978 and that the 1978 Protocol for the fourth                 International Wheat Agreement, 1971 .
 ---pagebreak--- No L 236/8                      Official Journal of the European Communities                        26. 8 . 78
           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.