CELEX: 51981PC0201
Language: en
Date: 1981-04-28 00:00:00
Title: Recommendation for a COUNCIL DECISION concerning the signing and the deposit of a declaration of provisional application of the Protocols for the Sixth extension of the Wheat Trade Convention, 1971, and for the first extension of the Food Aid Convention, 1980, constituting the International Wheat Agreement, 1971 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 201
Vol. 1981/0075
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(81 ) 201 final
                                                  Brussels , 28 April 1981
à
                             Recommendation for a
                               COUNCIL DECISION
  concerning the signing and the deposit of a declaration of provisional
  application of the Protocols for the Sixth extension of the Wheat Trade
  Convention, 1971 , and for the first extension of the Food Aid Convention ,
  1980 , constituting the International Wheat Agreement , 1971
                ( submitted to the Council by the Commission )
 ---pagebreak---                                              wvn L QA
                              EXPLANATORY MEMORANDUM .
INTRODUCTION .
1 . At meetings 6f the International Wheat Council and of the food Aid
    Committee , held in London from 3 to 6 March 1981 , the texts of Pro­
    tocols for the extension of the conventions constituting the Inter­
    national Wheat Agreement for a further two-year period beginning on
    1 July 1981 were drawn up .      These texts are to be found in Annex 2 .
                       ' '     f           ■
2 . It is now necessary to proceed to the signature and the deposit of
    declarations of provisional application of the protoco.ls by the
    Community .                                          ' .
3 . As far as the Hellenic republic i s . concerned , she obtained an exten­
    sion until 30 June 1981 for the signature of the Food Aid Coaention .
    She must also , at the same time , deposit a declaration of provisional
    application of the latter .
PROCEDURE .                                            '
4 . The necessary procedure is as follows :
    a ) The Community      and all Member States , acting simultaneously, must
         deposit the declarations of provisional application of the proto-
       ■ cols by 15 May at the latest in accordance with Article 8 of the
         protocol for the Sixth extension of the Wheat Trade Convention and
         in accordance with Article VII of the protocol for the first exten­
         sion of the Food Aid Convention .
    b ) As far as the Food Aid Convention is concerned , the . Hellenic Republ
         must at the . same time :           ~   •
         - sign and deposit a declaration of provisional application of the
            said Convention ;
         - sign and deposit a declaration of provisional application of the
            protocol for the first extension of the said Convention .
 ---pagebreak---                                                                                 2
   c ) Each Member State of the Community which will also have had previous­
        ly to acceed to both Conventions , must deposit as soon as possible the
        instruments of accession , in conformity , respectively with articles 7
       and VIII of the protocols , according to its institutional procedures .
       The conclusion of the protocols by the     Community as such will take
       place as soon as all Member States have acceded .
FINANCIAL PROVISIONS .
5 . The extension of the Wheat Trade Convention implies the continuance of
     the Community 's present contributions to the administrative budget of
     the International Wheat Council for a further period of two years be­
     ginning on 1 July 1981 .
6 . The extension of the Food Aid Convention implies the maintenance , for
     the same period , of the Community 's obligation to supply , as food aid ,
     a minimum of 1.650.000 tonnes per annum of cereals , distributed between
   . the Community as such and the Member States , in accordance with the
     appropriate decisions of the Council of the EEC .
RECOMMENDATION .
7 . The Council is invited to take a decision concerning the signature and
     the deposit with the depository authority before 15 May 1981 of the
     appropriate legal instruments , the draft texts of which are attached .
 ---pagebreak---                        COUNCIL DECISION
           concerning the signing and the deposit
of a declaration of provisional application of the Protocols
                for the sixth extension of the
                 Wheat Trade Convention , 1971 ,
and for the first extension of the Food Aid Convention , 1980 ,
     constituting the International Wheat Agreement , 1971
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economii
Community, and in particular Article 113 thereof .
Having regard to the recommendation from the Commission ,
 ---pagebreak---                                - 2 -
HAS DECIDED AS   FOLLOWS  :
                            Sole Article
      The President of the    Council is hereby authorized to designate
the person empowered to sign the declaration of provisional applica­
tion of the Protocols for the sixth extension of the Wheat Trade
Convention , 1971 , and for the first extension of the Food Aid Conven­
tion , 1980 , constituting the International Wheat Agreement , 1971 , and
to deposit this declaration with the Government of the United States
of America .
      The texts of the Declaration and of the Protocols are annexed to
this Decision .
                              Done at
                                           For the Council
                                            The President
 ---pagebreak---                                                                      ANNEX I.
                     DECLARATION OF PROVISIONAL APPLICATION
                             of the Protocols for the
               sixth extension of the Wheat Trade Convention, 1971 ;
           and for the first extension of the Food Aid Convention, 1980 ,
             constituting the International Wheat Agreement , 1971 ,
the texts of which were drawn up by the Conference held for that purpose in
                              London on 6 March 1981
           It will not be possible for the European Economic Community to complete
before 30 June 1981 the institutional accession procedures laid down in Article 7
of the Protocol for the sixth extension of the Wheat Trade Convention , 1971 and
in Article VIII of the Protocol for the first extension of the Food Aid Conven­
tion, 1980 .
         . In accordance w*ith Articles 8 and VII of the said Protocols , the . Commu­
nity therefore makes this declaration of provisional application of these Proto­
cols .  By depositing such a declaration , the Community regards itself to be
 provisionally a party to the Protocols , with all the rights and obligations
which result therefrom , until such time as the Council of the European Commu­
 nities shall have taken a final decision on the matter .                       '
                                             .* On behalf of
                                  the Council of the European Communities
 ---pagebreak---                                                                       ANNEX 2
      1981  PROTOCOLS FOR THE SIXTH EXTENSION OF THE
WHEAT TRADE CONVENTION ,    1971 AND THE FIRST EXTENSION OF
               THE FOOD AID CONVENTION , 1980 .
 CONSTITUTING THE INTERNATIONAL WHEAT AGREEMENT , 1971
                            PREAMBLE
            The Conference to establish the texts of the 1981
Protocols for the sixth extension of the Wheat Trade Convention ,           1971
and the first extension of the Food Aid Convention ,        1980
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 , 1971 , 1974 , 1975 , 1976 , 1978 and 1979 ,
Considering that the International Wheat Agreement , 1971 , consisting
     of two separate legal instruments - the Wheat Trade
     Convention , 1971 , which was further extended by Protocol in
     1979 ; and the Food Aid Convention , 1980 - will expire on
     3D June 1 981 ,
Has established the texts of the 1981       Protocols for the sixth
     extension of the Wheat Trade Convention , 1971 and for the
     first extension of the Food Aid Convention ,        1980 .
                                                                         ;
 ---pagebreak---                                     -   2 -
                                ARTICLE 3
                                Definition                         *
            Any reference in this Protocol to a " Government " or
" Governments " shall be construed as including a reference to the
European Economic Community ( hereinafter referred to as " the
Community ").   Accordingly , any reference in this Protocol to
" signature " or to the " deposit of instruments of ratification ,
acceptance or approval " or " an instrument of accession " or "a
declaration of provisional application " by a Government shall ,
in the case of the Community , be construed as including
signature or declaration of provisional application on behalf
of the Community by its competent authority and the deposit of
the instrument required by the institutional procedures of the
Community to be deposited for the conclusion of an international
agreement .                        1
                                ARTICLE 4           '
                                  Finance
            The initial contribution of any exporting or
importing member acceding to this Protocol under paragraph ( 1Mb )
of Article 7 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 , but the assessments made
 upon- other exporting ' and importing members for the current crop
 year shall not be altered .    '           " • ' <
                                      ■                             >.
 ---pagebreak---                           ARTICLE 5
                          Signature
           This Protocol shall be open for signature in Washington
from 24 March 1981 until and including 15 May 1981 by Governments of
countries party to the Convention as further extended by the 1979
Protocol , or which are provisionally regarded as party to the
Convention as further extended by the 1979 Protocol , on 6 March 1981 ,
or which are members of the United Nations , of its specialized
agencies or of the International Atomic Energy Agency , and are
listed in Annex A or Annex B to the Convention .
                          ARTICLE 6
                     h
           Ratification , acceptance or approval
           This Protocol shall be subject 'to ratification , acceptance
or approval by each signatory Government in accordance with its
respective constitutional procedures .   Instruments of ratification ,
acceptance or approval shall be deposited with the Government of the
United States of America not later than 30 June 1981 , except that the
Council may grant one or more extensions of time to any signatory
Government that has not deposited its instrument of ratification ,
acceptance or approval by that date .
 ---pagebreak---                                   - 4 -
                                ARTICLE 7
                                Accession
                                                                \
(1 J ...    This Protocol shall be open for accession
     fa )   until 30 June 1981 by the Government of any member
            listed in Annex A or B to the Convention as of that
            date , except that the Council may grant one or more
          . extensions of time to any Government that has not
            deposited its instrument by that date , and
     (b)    after 30 June 1981 by the Government of any member of
            the United Nations , of its specialized agencies or of
            the International Atomic Energy Agency , upon such
            conditions as the Council considers appropriate by
            not less than two thirds of the votes cast by
            exporting members and two thirds of the votes cast by
            importing members .
(2)         Accession shall be effected by the deposit of an
instrument of accession &ith the Government of the United
States of America .        )
(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 to this Protocol in
accordance with paragraph ( 1Kb ) of this Article , shall be
deemed to be listed in the appropriate Annex .
                                                                 /
 ---pagebreak---                           ARTICLE 8
                 Provisional application
           Any signatory Government may deposit with the Government
of the United States of America a 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 United States of
America a declaration of provisional application .    Any Government
depositing such a declaration shall provisionally apply this Protocol
and be provisionally regarded as a party thereto .
                          ARTICLE 9
                      Entry into force
(1 )       This Protocol shall enter into force on 1 July 1981 if , by
30 June 1981 , Governments representing exporting members which held
at least 60 per cent of the votes set out in Annex A and representing
importing members which held at -least 50 per cent of the votes set
out in Annex B , or would have held such votes on 30 June 1981 if
they had been parties to the Convention on that date , have deposited
instruments of ratification , acceptance , approval or accession , or
declarations of provisional application , in accordance with
Articles 6 , 7 and 8 of this Protocol .
 (2)       If this Protocol does not enter into force in accordance
with paragraph ( 1 ) of this Article , the Governments which have
deposited instruments nf ratification , acceptance , approval or
accession , or declarations of provisional application , may decide by
mutual consent that it shall enter into force among those Governments
that have deposited instruments of ratification , acceptance , approval
or accession , or declarations of provisional application .
 ---pagebreak---                                 ARTICLE - 10
                 Notification by depositary Government
             The Government of the united States of America as the
depositary Government shall notify all signatory and acceding
Governments of each signature , ratification , acceptance , approval ,
provisional application of , and accession to , this Protocol as
well as of each notification and notice received under
Article 27 of the Convention and each declaration and notification
received under Article 28 of the Convention .
                                 ARTICLE 11  .
  . .    '             -                       -S
                     Certified copy of the Protocol
       •   ^
             As soon as possible after the entry into force of this
Protocol , the depositary Government shall send a certified copy
of, this Protocol in the English , French , Russian and Spanish
languages to the Secretary-General 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 .
 ---pagebreak---                             - 7 -
                        ARTICLE   12
         Relationship of Pre amble to Protocol
          This Protocol includes the Preamble to the 1981    Protocols
for the sixth extension of the Whe-at Trade Convention ,  1971 and for
the first extension of the Food Aid Convention , 19fl0 , constituting
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 .
 ---pagebreak---                   1901   PROTOCOL FOR THE FIRST EXTENSION OF
                         THE FOOD AID CONVENTION . 19B0
The parties to this Protocol ,
Considering that the Food Aid Convention . 1980 ( hereinafter referred
       to as " the Convention ") of the International Wheat Agreement .
       1971 expires on 30 June 1901 ,
         I             '
Have agreed as follows :
                                   ARTICLE I
            Extension , expiry and termination of the Convention
              Subject to the provisions of Article -II of this Protocol ,
the Convention shall cohtinue in force between the parties to this
Protocol until 30 June 1983 provided that , if a new agreement
covering food aid enters into force before 30 June 1983 , this
Protocol shall remain in force only until the date of entry into
force of the new agreement .
                                   ARTICLE II
                 Inoperative provisions of the Convention
                                                  %     '
              The following provisions of the Convention shall be deemed
to be inoperative with effect from 1 July 1981 :
     . ( a)   Article -XII
       (b)    Article XVII
       ( c)   paragraph M ) of Article XVITI .,
 ---pagebreak---                                  - 2 -
                              ARTICLE III
                        International food aid
           For the purposes of the operation of the Convention as
extended by this Protocol , any member which has acceded to this
Protocol pursuant to paragraph ( 2 ) of Article VIII of this Protocol
shall be deemed to be listed in paragraph ( 3 ) of Article III of the
Convention , together with its minimum contribution as determined
under the relevant provisions of Article VIII of this Protocol .
                               ARTICLE IV
                               Signature
          This Protocol shall be open for signature in Washington
from 24 March 1981 until and including 15 May 1981 by the Governments
referred to in paragraph ( 3 ) of Article III of the Convention .
                               ARTICLE V
                               Depositary
          The Government of the United States of America shall be
the depositary of this Protocol .
 ---pagebreak---                                   - 3 -
                              ARTICLE VI
                Ratification » acceptance or approvai .
         This Protocol shall be subject to ratification , acceptance
or approval by each signatory Government in accordance with its
constitutional procedures .   Instruments of ratification , acceptance
or approval shall be deposited with the depositary not later than      .
30 June 1981 , except that the Food Aid Committee under the Convention
( hereinafter referred to as " the Committee ") may grant one or more
extensions of time to any signatory Government that has not deposited    ~
its instrument of ratification , acceptance or approval by that date .
                              ARTICLE VII
                       Provisional application
                                                 '               V '
         Any signatory Government may deposit with the depositary a
declaration of provisional application of this Protocol .    Any such
Government shall provisionally apply this Protocol and be
provisionally regarded as a party thereto .             - .
 ---pagebreak---                                     - 4 -
                                 ARTICLE VIII
                                  Accession
 (1 )       This Protocol shall be open for accession by any
Government referred to in paragraph { 3 ) of Article III of the
Convention that has not signed this Protocol .     Instruments of
accession shall be deposited with the depositary not later than
30 June 1981 , except that the Committee may grant one or more
extensions of time to any Government that has not deposited its
instrument of accession by that date .
( 2)        Once this Protocol has entered into force in accordance
with Article IX of this Protocol , it shall be open for accession
by any Government other than those referred to in paragraph ( 3 ) of
Article III of the Convention , upon such conditions as the Committee
considers appropriate .     Instruments of accession shall be deposited
with the depositary .
( 3)        Any Government acceding to this Protocol under paragraph
( 1 ) or paragraph ( 2 ) of this Article may deposit with the depositary
a declaration of provisional application of this Protocol pending
the deposit of its instrument of accession .     Any such Government
shall provisionally apply this Protocol and be provisionally
regarded as a party thereto .
 ---pagebreak---                                     - 5 -
                                  ARTICLE IX                    . '      '
                               Entry into force .      ' •       * > ' '
   (1)        This Protocol shall enter into force on 1 July 1981 , if by
   30 June 1981 the Governments referred to in paragraph C3 ) of
   Article III of the Convention have deposited instruments of
   ratification , acceptance , approval or accession , or declarations
; of provisional application , and provided that the 1981 Protocol 'for
   the sixth extension of- the Wheat Trade Convention , 1971 , or a new
 v Wheat Trade Convention replacing it , is in force .
   (2)        Tf this Protocol does . not enter into force in accordance
   with paragraph ( 11 of this Article , the Governments which have
   deposited instruments of ratification , acceptance , approval or
   accession , or declarations of provisional' application , may decide
   by unanimous consent that it shall enter into force among themselves
   provided that the 1981 Protocol ;for the sixth extension of the
   Wheat Trade Convention , 1971 , or a new Wheat Ti-ade Convention
   replacing it , is in force , or may take whatever other action
   they consider the situation requires .
                  >  -,         y ARTICLE X                 ' .
                               -, Durotion     •                 "
              This Protocol shall remain in force until and including
   30 June 1983 , provided that the 1981 Protocol for the sixth extension
   of the Wheat Trade Convention , 1971 , or a new Wheat Trade Convention
   replacing it , remains in force, until and' including that date .
 ---pagebreak---                                ARTICLE XI
                              Authentic texts
          The tsxts of this Protocol in the English , French ,
Russian and Spanish languages shall all be equally authentic .
The originals shall be deposited in the archives of the depositary ,
which shall transmit certified copies thereof to each signatory and
acceding Government . x
                               ARTICLE XII
                  Relationship of Preamble to Protocol
                      >
          This Protocol includes the Preamble to the 1981 Protocols
for the sixth extension of 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 . '                 /
 ---pagebreak---        The Secretary of State presents his compliments
to Their Excellencies , Messieurs and . Mesdames the
Chiefs of Mission of the Governments concerned with
 the Protocols for the Sixth' Extension of • the . Wheat
Trade Convention , 1971 , and the First Extension of
 the Food Aid Convention , '1980 , constituting the Inter­
national Wheat Agreement , 1371 , which together with a
common Preamble , were - established by a Conference " of
Governments convened at London on March 6 , 1981 , for
 the extension of these two Conventions .
       In performance of the deposi tarv duties of the
Government of the United States of America , the
 Secretary of State' has the honor to inform the.- Chiefs
 of Miss Ion thai, the Protocol for the Sixth Extension "
'of the Wheat Trade Convention , 1971 ^ and the Protocol
 for the Firsc Extension of the Food Aid Convent ion ,
 1980 , will be . opened for signature at the Department
 of State on March 24 , 1981 , remining open for
 signature until and including May 15 , 1981 .
       According to Article 5 of the Protocol for the ,
 Sixth Extension of the Wheat Trade Convention , 1971 ,
 the Protocol shall be open to signature by Governments
 of countries party to the Convention as further
 ---pagebreak--- extended by the 1979 Protocol , or which are provision­
ally regarded as party to the Convention ,- as further
extended by the 1979 Protocol , on March 6 , 1981 , or
which are members of the United Nations , of its
specialized agencies or of the International Atomic
Energy Agency , and are listed in Annex A or Annex B
to the Wheat Trade Convention .
     Article IV of the Protocol for the First Extension
of the Food Aid Convention , 1980 , provides that the
                              ■*
                                            J
Protocol shall be open for signature by the Governments
                                            I*
listed or deemed to be listed in paragraph ( 3 ) of
Article III of the Convention , namely , Argentina ,
Australia , Austria , Canada , Finland , Japan , Spain ,
Sweden , Switzerland and the United States of America ,
and by the European Economic Community and its member
States .
 ---pagebreak---      The Protocols will be open for signature at the
Department of State .    Appointments to sign may . be made
with the Office of the Assistant Legal Adviser for
Treaty Affairs , by telephoning the Treaty Depositary
Officer , Mrs. Genevieve Bell , on 632-3021 .  Full Powers
will be necessary for . signature and should specify
whether one or both of the Protocols are to be signed .
Telegraphic signing authorization will . be accepted in
place of Full Powers , if assurance is given that the
Full Powers are being . sent or will be sent later .
The Full Powers or telegraphic signing authorization
may be presented at the time of signature .
     The Secretary of State would be grateful if the
Chiefs of Mission would forward this information to
their respective Governments at their earliest
convenience .
Department of State ,
                                               m
     Washi-ngtori , March 10 , 1981 .