CELEX: 21975A0325(01)
Language: en
Date: 1979-12-10 00:00:00
Title: Protocols for the further extension of the Wheat Trade Convention and Food Aid Convention constituting the International Wheat Agreement, 1971

15 . 2 . 80                            Official Journal of the European Communities                              No L 39/7
                                                        PROTOCOLS
                for the further extension of the Wheat Trade Convention and Food Aid Convention
                                   constituting the International Wheat Agreement, 1971
                                                          PREAMBLE
                The Conference to establish the texts of the Protocols for the further 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, 1971 , and 1974 ;
                Considering that the International Wheat Agreement, 1971 , consisting of two separate legal
                instruments, the Wheat Trade Convention, 1971 and the Food Aid Convention, 1971 , both
                of which were extended by Protocol in 1974, will expire on 30 June 1975 ;
                Has established the texts of Protocols for the further extension of the Wheat Trade
                Convention, 1971 and for the further extension of the Food Aid Convention, 1971 .
                 PROTOCOL FOR THE FURTHER EXTENSION OF THE WHEAT TRADE CONVENTION, 1971
 THE GOVERNMENTS PARTY TO THIS PROTOCOL,                           (a) Article 19 (4);
                                                                   (b) Articles 22 to 26 inclusive;
 Considering that the Wheat Trade Convention, 1971                 (c) Article 27 ( 1 );
 (hereinafter referred to as 'the Convention') of the
                                                                   (d) Articles 29 to 31 inclusive.
 International Wheat Agreement, 1971 , which was
 extended by Protocol in 1974, expires on 30 June 1975,
                                                                                           Article 3
                                                                                           Definition
 HAVE AGREED AS FOLLOWS :
                                                                   Any reference in this Protocol to a 'Government' or
                                                                   'Governments' shall be construed as including a
                                                                   reference to the European Economic Community
                            Article 1
                                                                    (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 1976, provided             Community, be construed as including signature or
  that, if a new International Agreement covering wheat             declaration or provisional application on behalf of the
  enters into force before 30 June 1976, 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 1975 :           member acceding to this Protocol under Article 7 ( 1 ) (b)
 ---pagebreak--- No L 39/8                             Official Journal of the European Communities                                15 . 2 . 80
thereof, shall be assessed by the Council on the basis of       2. Accession shall be effected by the deposit of an
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 ot the Convention, any
                                                                member the Government of which has acceded to the
                         Article 5                              Convention on conditions prescribed by the Council, or
                                                                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 25 March 1975 until and including 14 April 1975
by Governments of countries party to the Convention as                                   Article 8
extended by Protocol, or which are provisionally
regarded as party to the Convention as extended by                                Provisional application
Protocol, on 25 March 1975, or which are members of
the United Nations, of its specialized agencies or of the       Any signatory Government may deposit with the
International Atomic Energy Agency, and are listed in           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
 be deposited with the Government of the United States                               Entry into force
 of America not later than 18 June 1975, except that the
 Council may grant one or more extensions of time to            1 . This Protocol shall enter into force among those
 any signatory Government that has not deposited its            Governments which have deposited instruments of
 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 1975, as follows:
                                                                (a) on 19 June 1975 , with respect to all provisions of
                         Article 7                                  the Convention other than Articles 3 to 9 inclusive
                                                                    and Article 21 ; and
                         Accession
                                                                (b) on 1 July 1975 , 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 1975 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        1975 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 1975 by the Government of any                would have held such votes respectively if they had been
     member of die 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 1975 in accordance with the relevant provisions
 ---pagebreak--- 15 . 2 . 80                           Official Journal of the European Communities                                 No L 39/9
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,            As soon as possible after the definitive entry into force
may decide by mutual consent that it shall enter into             of this Protocol, the depositary Government shall send a
force among those Governments that have deposited                 certified copy of this Protocol in the English, French,
instruments of ratification, acceptance, approval,                Russian and Spanish languages to the Secretary-General
conclusion or accession, or declarations of provisional           of the United Nations for registration in accordance
application.                                                      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                        Relationship of preamble to Protocol
depositary Government shall notify all signatory and
acceding Governments of each signature, ratification,             This Protocol includes the preamble to the Protocols for
acceptance, approval, conclusion, provisional appli­              the further extension of the International Wheat
cation of, and accession to, this Protocol, as well as of         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 FURTHER EXTENSION OF THE FOOD AID CONVENTION, 1971
THE PARTIES TO THIS PROTOCOL,                                    parties to this Protocol until 30 June 1976, provided
                                                                 that, if a new Agreement covering food aid enters into
                                                                 force before 30 June 1976 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 , which was
extended by Protocol in 1974, expires on 30 June 1975,
                                                                                           Article II
HAVE AGREED AS FOLLOWS :
                                                                           Inoperative provisions of the Convention
                          Article 1
   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 1975 .
 ---pagebreak--- No L 39/ 10                           Official Journal of the European Communities                                  15 . 2 . 80
                         Article III                            Convention 1967 or to the Food Aid Convention, 1971
                                                                as extended by Protocol, and to those provisionally
                   International food aid                       regarded as parties to the Food Aid Convention, 1971
                                                                as extended by Protocol, which are not enumerated in
1 . The parties to this Protocol agree to contribute as         paragraph 1 of this Article, provided that their
food aid to the developing countries, wheat, coarse             contribution is at least equal to that which they agreed
grains of products derived therefrom, suitable for              to make in the Food Aid Convention, 1967 or,
human consumption and of an acceptable type and                 subsequently, in the Food Aid Convention, 1971 as
quality, or the cash equivalent thereof, in the minimum         extended by Protocol.
annual amounts specified in paragraph 2 below.
2 . The minimum annual contribution of each party to                                       Article VI
this Protocol is fixed as follows :
                                                                      Ratification, acceptance, approval or conclusion
                                                 tonnes
      Argentina                                 23 000
                                                                This Protocol shall be subject to ratification,
      Australia                                225 000
                                                                 acceptance, approval or conclusion by each signatory in
      Canada             '                     495 000           accordance with       its  constitutional  or institutional
      Finland                                   14 000
                                                                procedures, provided that it also ratifies, accepts,
     Japan                                     225 000
                                                                 approves or concludes the Protocol for the further
      Sweden                                    35 000
                                                                 extension of the Wheat Trade Convention, 1971 .
      Switzerland                               32 000
                                                                 Instruments of ratification, acceptance, approval or
      United States of America              1 890  000
                                                                 conclusion shall be deposited with the Government of
                                                                 the United States of America not later than 18 June
3 . For the purpose of the operation of this Protocol,           1975 , except that the Food Aid Committee may grant
any party which has signed this Protocol pursuant to             one or more extensions of time to any signatory that
Article V (2) thefeof, or which has acceded to this Pro­         has not deposited its instrument of ratification,
tocol pursuant to the appropriate provisions of Article          acceptance, approval or conclusion by that date.
VII thereof, shall be deemed to be listed in Article III (2)
 of this Protocol together with the minimum contri­
bution of such party as determined in accordance with
the relevant provisions of Article V or Article VII of this                                Article VII
Protocol.
                                                                                            Accession
                                                                 1 . This Protocol shall be open for accession by any
                         Article IV                              party referred to in Article V of this Protocol, provided
                                                                 it also accedes to the Protocol for the further extension
                    Food Aid Committee                           of the Wheat Trade Convention, 1971 and provided
                                                                 further that in the case of parties referred to in Article V
There shall be established a Food Aid Committee whose            (2) their contribution is at least equal to that which they
 membership shall consist of the parties listed in Article       agreed to make in the Food Aid Convention, 1967 or,
 III (2) of this Protocol and of those others that become        subsequently, in the Food Aid Convention, 1971 as
 parties to this Protocol. The Committee shall appoint a         extended by Protocol. Instruments of accession under
 chairman and a vice-chairman.                                   this paragraph shall be deposited not later than 18 June
                                                                  1975 , except that the Food Aid Committee may grant
                                                                 one or more extensions of time to any party that has
                                                                 not deposited its instrument of accession by that date.
                           Article V
                                                                 2. The Food Aid Committee may approve accession to
                           Signature                             this Protocol, as a donor, by the Government of any
                                                                 member of the United Nations, of its specialized
 1 . This Protocol shall be open for signature in                 agencies or of the International Atomic Energy Agency,
 Washington from 25 March 1975 until and including               on such conditions as the Food Aid Committee
 14 April 1975 by the Governments of Argentina,                  considers appropriate, provided that the Government
 Australia, Canada, Finland, Japan, Sweden, Switzerland           also accedes at the same time to the Protocol for the
 and the United States of America, provided that they             further extension of the Wheat Trade Convention,
 sign both this Protocol and the Protocol for the further         1971 , if not already a party to it.
 extension of the Wheat Trade Convention, 1971 .
                                                                  3 . Accession shall be effected by the deposit of an
 2. This Protocol shall also be open for signature, on            instrument of accession with the Government of the
 the same conditions, to parties to the Food Aid                  United States of America.
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                        Article VIII                             2 . If this Protocol does not enter into force in
                                                                 accordance with the provisions of paragraph 1 of this
                  Provisional application                        Article, the parties which by 19 June 1975 have
                                                                 deposited instruments of ratification, acceptance,
Any party referred to in Article V of this Protocol may          approval, conclusion or accession, or declarations of
deposit with the Government of the United States of              provisional application may decide by mutual consent
America a declaration of provisional application of this         that it shall enter into force among those parties that
Protocol, provided it also deposits a declaration of             have deposited instruments of ratification, acceptance,
provisional application of the Protocol for the further           approval, conclusion or accession, or declarations of
extension of the Wheat Trade Convention, 1971 . Any              provisional application, provided that the Protocol for
other party whose application for accession is approved           the further extension of the Wheat Trade Convention,
may also deposit with the Government of the United                1971 is in force, or they may take whatever other action
States of America a declaration of provisional                    they consider the situation requires.
application, provided that the party also deposits a
declaration of provisional application of the Protocol
for     the  further   extension   of   the Wheat Trade
Convention, 1971 , unless it is already a party to that                                    Article X
Protocol or has already deposited a declaration of
provisional application of that Protocol. Any such party                    Notification by depositary Government
depositing such a declaration shall provisionally apply
this Protocol and be provisionally regarded as a party            The Government of the United States of America as the
thereto .                                                         depositary Government shall notify all signatory and
                                                                  acceding parties of each signature, ratification,
                                                                  acceptance, approval, conclusion, provisional appli­
                                                                  cation of, and accession to this Protocol.
                          Article IX
                       Entry into force
                                                                                           Article XI
 1 . This Protocol shall enter into force for those parties                      Certified copy of the Protocol
that have deposited instruments of ratification,
 acceptance, approval, conclusion or accession:                    As soon as possible after the definitive entry into force
                                                                   of this Protocol, the depositary Government shall send a
(a) on 19 June 1975 with respect to all provisions other           certified copy of this Protocol in the English, French,
      than Article II of the Convention and Article III of         Russian and Spanish languages to the Secretary-General
      the Protocol; and                                            of the United Nations for registration in accordance
                                                                   with Article 102 of the Charter of the United Nations.
 (b ) on 1 July 1975 with respect to Article II of the             Any amendments to this Protocol shall likewise be
       Convention and Article III of the Protocol                  communicated.
 provided that all Governments listed in Article V ( 1 ) of
 this Protocol have deposited such instruments or a
 declaration of provisional application by 18 June 1975                                    Article XII
 and that the Protocol for the further extension of the
 Wheat Trade Convention, 1971 is in force. For any                           Relationship of preamble to Protocol
 other party that deposits an instrument of ratification,
 acceptance, approval, conclusion or accession after the           This Protocol includes the preamble to the Protocols for
 entry into force of the Protocol, this Protocol shall enter       the further extension of the International Wheat
 into force on the date of such deposit.                           Agreement, 1971 .
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                                             Declarations or reservations
                     DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                                           18 June 1975
            I have the honour to inform you that in connection with the Protocol for the further
            extension of the Wheat Trade Convention, 1971 , the Council of Ministers of the European
            Community does not accept the reservation relating to the European Economic Community
            accompanying the signature of the Union of Soviet Socialist Republics of that Protocol on 8
            April 1975 , and repeated in the instrument of acceptance dated 23 April 1975, which was
            deposited on 6 May 1975, with the Government of the United States of America.
                                                 UNITED KINGDOM
                                                                                          18 June 1975
            Her Britannic Majesty's Ambassador has the honour to inform the Secretary of State of the
            United States of America that in connection with the Protocol for the further extension of
            the Wheat Trade Convention, 1971 , the Government of the United Kingdom of Great
            Britain and Northern Ireland does not accept the reservation relating to the European
            Economic Community accompanying the signature of the Union of Soviet Socialist
            Republics of that Protocol on 8 April 1975 and repeated in the instrument of acceptance
            dated 23 April 1975 which was deposited on 6 May 1975 with the Government of the
            United States of America.
            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.