CELEX: 21978A1031(01)
Language: en
Date: 1978-10-16 00:00:00
Title: Protocol of 7 April 1978 further extending the International Olive Oil Agreement, 1963, as amended and extended #

No L 306/30                         Official Journal of the European Communities                                     31 . 10 . 78
                                                         PROTOCOL
                                                       of 7 April 1978
              further extending the International Olive Oil Agreement, 1963 , as amended and
                                                           extended
              THE PARTIES TO THIS PROTOCOL,
              WHEREAS the International Olive Oil Agreement, 1963 — replacing the 1956 Agreement amended
              by the Protocol of 3 April 1958 — as extended and amended by the successive Protocols adopted in
              Geneva on 30 March 1967, 7 March 1969 and 23 March 1973, including the amendments which
              came into force on 1 November 1971 under the provisions of Article 38 of the Agreement (all of
              which instruments are hereinafter referred to as 'the Agreement') is, in principle, due to expire on 31
              December 1978 ,
              DEEMING that a one-year extension of the Agreement is required in order to continue preparatory
              work for the negotiation of a new International Olive Oil Agreement under UNCTAD resolution 93
              (IV) concerning the integrated programme for commodities, the commodity coverage of which
              includes olive oil,
              HAVE AGREED ON THE FOLLOWING :
                         Article 1                                   2. Each signatory Government shall, on signing
                                                                     this Protocol, state whether according to its constitu­
                                                                     tional or institutional procedures its signature is, or is
The Agreement, as extended by this Protocol, shall, as               not, subject to ratification , acceptance or approval .
between the Parties to this Protocol , continue in force
until 31 December 1979 .
                                                                                               Article 4
                         Article 2
                                                                     This Protocol shall be open for signature in Madrid
1 . Any Government which becomes a Party to this                     with the Government of Spain (hereinafter referred to
Protocol shall be a Party to the Agreement as                        as 'the depositary') until 31 October 1978 inclusive.
extended thereby.
2.    So  far   as  the   Parties  to  this   Protocol    are
concerned, the Agreement and this Protocol shall be                                            Article 5
read and interpreted as one single instrument and
shall be known as the International Olive Oil Agree­
ment, 1963, as amended and extended, 1978 .                          In cases where ratification, acceptance or approval is
                                                                     required, the appropriate instrument shall be depo­
                                                                     sited with the depositary not later than 31 December
                                                                     1978, on the understanding that the Council may
                         Article 3                                   grant an extension or extensions of this time to any
                                                                     signatory Government which has not deposited the
                                                                     said instrument by this date.
1.    Any Government which is a member of the
United Nations Conference on trade and development
may become a Party to this Protocol in accordance
with its constitutional or institutional procedures :                                          Article 6
(a) by signing it ; or
(b) by ratifying, accepting or approving it after having             Any non-signatory Government entitled to accede to
    signed it subject to ratification , acceptance or                this Protocol under Article 9 may notify the deposi­
    approval ; or                                                    tary that it is undertaking to satisfy the constitutional
                                                                     or institutional procedures required to accede to this
(c) by acccding to it.                                               Protocol as rapidly as possible .
 ---pagebreak--- 31 . 10 . 78                       Official Journal of the European Communities                         No L 306/31
                        Article 7                            tures to enable it to enter into force after ratification ,
                                                             acceptance or approval in conformity with the rele­
 1 . Any signatory Government which has not been             vant provisions of this Protocol, then the Agreement
able to deposit its instrument of ratification , accep­      shall, in accordance with paragraph 4 of Article 37,
tance or approval by 31 December 1978 and has been           continue in force beyond 1 January 1979 until the
granted an extension of time under Article 5 of this         date of the provisional or definitive entry into force of
Protocol, and any non-signatory Government which             this Protocol, provided that the period of such exten­
                                                             sion shall not exceed 12 months .
has made a notification pursuant to Article 6 of this
Protocol, may notify the depositary that it will provi­
sionally apply the Agreement, as extended by this            4.    If by 31 October 1978 this Protocol has not
Protocol .                                                   received the number of signatures required for it to
                                                             enter into force after ratification, acceptance or
                                                             approval, the Governments which have signed it and,
2. During the entire period when the Agreement,              where their constitutional or institutional procedures
as extended by this Protocol, is in force, either defini­    so require, have ratified, accepted, approved or
tively or provisionally, a signatory or non-signatory        acceded to this Protocol or have stated that they will
Government which has made a notification under               apply it provisionally, may decide by common agree­
paragraph 1 of this Article shall be a provisional           ment that this Protocol shall enter into force among
member with all the rights and duties of a member            themselves, or may take whatever other action they
until that Government becomes a Contracting Party.           consider is required by the circumstances.
                                                                                     Article 9
                        Article 8
                                                              1 . This Protocol shall be open for accession by any
1 . This Protocol shall enter into force definitively        non-signatory Government which is a member of the
on 1 January 1979, or on any date within the 12              United Nations Conference on trade and develop­
months thereafter, between the Governments which             ment .
have signed it and, in cases where their constitutional
or institutional procedures so require, have ratified,       2.    Accession to this Protocol shall be deemed to be
accepted or approved it, or have acceded to it, if these     accession to the Agreement, as extended thereby.
Governments include those of six mainly producing
countries, together accounting for at least 60 % of          3 . Accession shall be effected by the deposit of an
worldwide olive oil production during the reference          instrument of accession with the depositary and shall
period stipulated in Article 3 of the Agreement, as          take effect from the date of deposit of such instru­
well as those of three mainly importing countries. If        ment or on the date of entry into force of this
this Protocol has not definitively entered into force in     Protocol , whichever date is the later.
accordance with the preceding sentence, it shall do so
at any time after it is provisionally in force when the
numerical and production percentage requirements of                                 Article 10
this paragraph are satisfied by the deposit of instru­
ments of ratification, acceptance, approval or acces­        If by 31 December 1979 a new Agreement has been
sion .                                                       negotiated and has received the required number of
                                                             signatures to enable it to enter into force after ratifica­
                                                             tion, acceptance or approval, and if that new Agree­
2. This Protocol shall enter into force provisionally
                                                             ment has not entered into force, either provisionally
on 1 January 1979, or on any date within the 12
months thereafter, between the Governments which
                                                             or definitively, the present Protocol shall continue in
                                                             force beyond 31 December 1979 until the entry into
have signed it and, in cases where their constitutional      force of the new Agreement, provided that the period
or institutional procedures so require, have ratified,       of such extension shall not exceed 12 months .
accepted or approved it, or have acceded to it, or have
indicated that they will apply it provisionally, if these
Governments include those of six mainly producing                                   Article 11
countries together accounting for at least 60 % of
worldwide olive oil production during the reference
                                                              1 . Any Government may, upon signature, or upon
period stipulated in Article 3 of the Agreement, as
                                                             deposit of its instrument of ratification, acceptance or
well as those of three mainly importing countries.           approval of this Protocol, or upon accession thereto,
                                                             declare by notice addressed to the depositary that the
3 . If by 1 January 1979 this Protocol has not               Agreement as extended by this Protocol shall extend
entered into force either provisionally or definitively      to any of the territories for whose international rela­
in the manner described in paragraphs 1 and 2 of this        tions that Government is for the time being ulti­
Article, but has received a sufficient number of signa­      mately responsible. The Agreement shall extend to
 ---pagebreak--- No L 306/32                         Official Journal of the European Communities                            31 . 10 . 78
the territories named in the notification from the date                                Article 12
of such notification or from the date on which the
                                                                The depositary of the Agreement shall without delay
present Protocol enters into force for that Govern­             inform the signatory and acceding Governments of
ment, whichever is the later.                                   any signature, ratification, acceptance or approval of,
2. Any Contracting Party which has made a declara­              or accession to, this Protocol ; of any notification
tion pursuant to paragraph 1 of this Article may, at            made under Articles 6 and 7 of this Protocol ; and of
any later time, by notification to the depositary,              the date of entry into force of this Protocol .
declare that the Agreement, as extended by this                                        Article 13
Protocol, shall cease to extend to the territory named
in the notification and the Agreement shall cease to            Any reference in this Protocol to a Government shall
extend to such territory from the date of such notifica­        be construed as including a reference to the European
tion .                                                          Economic Community, or any intergovernmental
                                                                organization having responsibilities in respect of the
3 . When a territory to which the Agreement, as                 negotiation, conclusion and application of interna­
extended by this Protocol, has been extended under              tional agreements, in particular commodity agree­
paragraph 1 of this Article subsequently attains indep­         ments .
endence, its Government may, within 90 days after
                                                                                       Article 14
the attainment of independence, declare by notifica­
tion to the depositary that it has assumed the rights           The texts of this Protocol in the Arabic, English,
and obligations of a Party to the Agreement, as                 French, Italian and Spanish languages shall all be
extended by this Protocol . It shall become a Party to          equally authentic, the originals being deposited with
the Agreement from the date of such notification .              the Government of Spain .
               In witness whereof, the undersigned, having been duly authorized to this effect by their
               respective Governments, have signed this Protocol on the dates appearing opposite their
               signatures.
               Done at Geneva, 7 April 1978 .
               Declaration of provisional application of the Protocol of 7 April 1978 further
                                     extending the Olive Oil Agreement, 1963
               It is unlikely that the European Economic Community can complete by 31 December
               1978 the institutional procedures provided for in Article 5 of the Protocol of 7 April 1978
               further extending the International Olive Oil Agreement, 1963, as amended and
               extended .
               Therefore, in accordance with Article 7 of the said Protocol, the Community makes this
               declaration of provisional application of this Protocol . By depositing such a declaration,
               the Community considers itself to be provisionally a Party to the Protocol, with all the
               rights and obligations which result therefrom , until such time as the Council of the Euro­
               pean Communities shall have taken a final decision in the matter.