CELEX: 21976A0317(01)
Language: en
Date: 1979-12-10 00:00:00
Title: Protocols for the third extension of the Wheat Trade Convention and the Food Aid Convention constituting the International Wheat Agreement, 1971

15 . 2 . 80                           Official Journal of the European Communities                            No L 39/ 13
                                                       PROTOCOLS
               for the third extension of the Wheat Trade Convention and the Food Aid Convention
                                  constituting the International Wheat Agreement, 1971
                                                         PREAMBLE
               The Conference to establish the texts of the Protocols for the third 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 , 1974 and 1975 ;
               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 further extended by Protocol in 1975, will expire on 30 June 1976;
               Has established the texts of Protocols for the third extension of the Wheat Trade
               Convention, 1971 and for the third extension of the Food Aid Convention, 1971 .
                 PROTOCOL FOR THE THIRD 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
 International Wheat Agreement, 1971 , which was                 (d) Articles 29 to 31 inclusive.     "
 further extended by Protocol in 1975, expires on
 30 June 1976,
                                                                                         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 1978 , provided          Community, be construed as including signature or
 that, if a new International Agreement covering wheat           declaration of provisional application on behalf of the
 enters into force before 30 June 1978 , 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 1976:          member acceding to this Protocol under paragraph ( 1 )
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(b) of Article 7 thereof, shall be assessed by the Council       2. Accession shall be effected by the deposit of an
on the basis of the votes to be distributed to it and the        instrument of accession with the Government of the
period remaining in the current crop year, but the               United States of America.
assessments made upon other exporting and importing
members for the current crop year shall not be altered.          3 . Where, for the purposes of the operation of the
                                                                 Convention and this Protocol, reference is made to
                                                                 members listed in Annex A or B to the Convention, any
                                                                 member the Government of which has acceded to the
                          Article 5
                                                                 Convention on conditions prescribed by the Council, or
                                                                 to this Protocol in accordance with paragraph ( 1 ) (b) of
                          Signature                              this Article, shall be deemed to be listed in the
                                                                 appropriate Annex.
This Protocol shall be open for signature in Washington
from 17 March 1976 until and including 7 April 1976
by Governments of countries party to the Convention as
further extended by Protocol, or which are provisionally                                   Article 8
regarded as party to the Convention as further extended
by Protocol, on 17 March 1976, or which are members                                 Provisional application
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.
                                                                  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
                          Article 6                               Council may also deposit with the Government of the
                                                                  United States of America a declaration of provisional
      Ratification, acceptance, approval or conclusion            application. Any Government depositing such a
                                                                  declaration shall provisionally apply this Protocol and
 This Protocol shall be subject to ratification,                  be provisionally regarded as a party thereto.
 acceptance, approval or conclusion by each signatory
 Government in accordance with its respective
 constitutional or institutional procedures. Instruments
 of ratification, acceptance, approval or conclusion shall                                 Article 9
 be deposited with the Government of the United States
 of America not later than 18 June 1976, except that the                                Entry into force
 Council may grant one or more extensions of time to
 any signatory Government that has not deposited its              1 . This Protocol shall enter into force among those
 instrument of ratification, acceptance, approval or
                                                                  Governments which have deposited instruments of
 conclusion by that date.                                         ratification, acceptance, approval, conclusion or
                                                                  accession, or declarations of provisional application, in
                                                                  accordance with Articles 6, 7 and 8 of this Protocol by
                                                                  18 June 1976, as follows:
                          Article 7
                                                                  (a) on 19 June 1976, with respect to all provisions of
                          Accession                                   the Convention other than Articles 3 to 9 inclusive
                                                                      and Article 21 ; and
                                                                  (b) on 1 July 1976, with respect to Articles 3 to 9
 1 . This Protocol shall be open for accession:
                                                                       inclusive, and Article 21 of the Convention,
 (a) until 18 June 1976 by the Government of any                  if such instruments of ratification, acceptance, approval,
      member listed in Annex A or B to the Convention as           conclusion or accession, or declarations of provisional
      of that date, except that the Council may grant one          application have been deposited not later than 18 June
      or more extensions of time to any Government that            1976 on behalf of Governments representing exporting
      has not deposited its instrument by that date; and           members which held at least 60 % of the votes set out
                                                                   in Annex A and representing importing members which
  (b) after 18 June 1976 by the Government of any                  held at least 50 % of the votes set out in Annex B, or
      member of the United Nations, of its specialized             would have held such votes respectively if they had been
      agencies or of the International Atomic Energy               parties to the Convention on that date.
      Agency upon such conditions as the Council
      considers appropriate by not less than two-thirds of
      the votes cast be exporting members and two-thirds           2. This Protocol shall enter into force for any
      of the votes cast by importing members.                      Government       that    deposits   an   instrument       of
 ---pagebreak--- 15 . 2 . 80                           Official Journal of the European Communities                               No L 39/ 15
ratification, acceptance, approval, conclusion or                 cation of, and accession to, this Protocol, as well as of
accession after 19 June 1976 in accordance with the               each notification and notice received under Article 27
relevant provisions of this Protocol, on the date of such         of the Convention and each declaration and notification
deposit except that no part of it shall enter into force          received under Article 28 of the Convention.
for such a Government until that part enters into force
 for other Governments under paragraph 1 or 3 of
 this Article.
                                                                                          Article 11
3 . If this Protocol does not enter into force in
accordance with paragraph 1 of this Article, the                                Certified copy of the Protocol
Governments which have deposited instruments of
ratification, acceptance, approval, conclusion or                As soon as possible after the definitive entry into force
accession, or declarations of provisional application,           of this Protocol, the depositary Government shall send a
may decide by mutual consent that it shall enter into            certified copy of this Protocol in the English, French,
force among those Governments that have deposited                Russian and Spanish languages to the Secretary-General
instruments of ratification, acceptance, approval,               of the United Nations for registration in accordance
conclusion or accession, or declarations of provisional          with Article 102 of the Charter of the United Nations.
application.                                                     Any amendments to this Protocol shall likewise be
                                                                 communicated.
                         Article 10
                                                                                          Article 12
           Notification by depositary Government
                                                                             Relationship of preamble to Protocol
The Government of the United States of America as the
depositary Government shall notify all signatory and             This Protocol includes the preamble to the Protocols for
acceding Governments of each signature, ratification,            the     third  extension   of   the   International   Wheat
acceptance, approval, conclusion, provisional appli­             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 die 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 THIRD EXTENSION OF THE FOOD AID CONVENTION, 1971
THE PARTIES TO THIS PROTOCOL,                                     force only until die date of entry into force of the new
                                                                  Agreement.
Considering that the Food Aid Convention, 1971
(hereinafter referred to as 'the Convention') of the In­                                   Article II
ternational Wheat Agreement, 1971 , which was further
extended by Protocol in 1975 , expires on 30 June 1976,                    Inoperative provisions of die Convention
 HAVE AGREED AS FOLLOWS :                                         The provisions of Article II ( 1 ), (2) and (3 ), Article III
                                                                  ( 1 ), and of Articles VI to XIV, inclusive, of the
                                                                  Convention shall be deemed to be inoperative with
                          Article I
                                                                  effect from 1 July 1976.
   Extension, expiry and termination of the Convention
                                                                                           Article III
 Subject to the provisions of Article II of this Protocol,
 the Convention shall continue in force between the                                  International food aid
 parties to this Protocol until 30 June 1978, provided
 that, if a new Agreement covering food aid enters into           1 . The Parties to this Protocol agree to contribute as
 force before 30 June 1978 , this Protocol shall remain in        food aid to the developing countries, wheat, coarse
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grains or products derived therefrom, suitable for                                        Article VI
human consumption and of an acceptable type and
quality, or the cash equivalent thereof, in the minimum               Ratification, acceptance, approval or conclusion
annual amounts specified in paragraph 2 below :
                                                                This Protocol shall be subject to ratification,
                                                                acceptance, approval or conclusion by each signatory in
2. The minimum annual contribution of each party to             accordance with        its constitutional   or institutional
this Protocol is fixed as follows :
                                                                procedures, provided that it also ratifies, accepts,
                                                 tonnes
                                                                approves or concludes the Protocol for the third
                                                23 000
                                                                extension of the Wheat Trade Convention, 1971 .
      Argentina
      Australia                               225  000
                                                                Instruments of ratification, acceptance, approval or
      Canada                                  495  000
                                                                conclusion shall be deposited with the Government of
                                            1 287  000
                                                                the United States of America not later than 18 June
      European Economic Community
      Finland                                   14 000
                                                                 1976, except that the Food Aid Committee may grant
                                              225  000
                                                                one or more extensions of time to any signatory that­
     Japan
      Sweden                                    35 000
                                                                has not deposited its instrument of ratification,
      Switzerland                               32 000
                                                                acceptance, approval or conclusion by that date.
      United States of America              1 890  000
                                                                                          Article VII
3 . For the purpose of the operation of this Protocol,
any party which has signed this Protocol pursuant to                                       Accession
Article V (2) thereof, or which has acceded to this
Protocol pursuant to Article VII (2) or (3 ) thereof, shall     1 . This Protocol shall be open for accession by any
be deemed to be listed in Article III (2) of this Protocol      party referred to in Article V of this Protocol, provided
together with the minimum contribution of such party            it. also accedes to the Protocol for the third extension of
as     determined    in  accordance   with   the   relevant
                                                                the Wheat Trade Convention, 1971 and provided
provisions of Article V or Article VII of this Protocol.        further that in the case of any party referred to in
                                                                Article V (2) its contribution is at least equal to that
                                                                which it agreed to make in the Food Aid Convention,
                         Article IV                              1967. Instruments of accession under this paragraph
                                                                shall be deposited not later than 18 June 1976, except
                    Food Aid Committee                          that the Food Aid Committee may grant one or more
                                                                extensions of time to any party that has not deposited
 There shall be established a Food Aid Committee whose          its instrument of accession by that date.
 membership shall consist of the parties listed in Article
 III (2) of this Protocol and of those others that become       2. The Food Aid Committee may approve accession to
 parties to this Protocol. The Committee shall appoint a        this Protocol, as a donor, by the Government of any
 chairman and a vice-chairman.                                  member of the United Nations, of its specialized
                                                                agencies or of the International Atomic Energy Agency,
                                                                on     such   conditions   as   the Food Aid    Committee
                                                                considers appropriate, provided that the Government
                          Article V                              also accedes at the same time to the Protocol for the
                                                                third extension of the Wheat Trade Convention, 1971 ,
                          Signature                              if not already a party to it.
 1 . This Protocol shall be open for signature in                3 . Accession shall be effected by the desposit of an
 Washington from 17 March 1976 until and including               instrument of accession with the Government of the
 7 April 1976 by the Governments of Argentina,                   United States of America.
 Australia, Canada, Finland, Japan, Sweden, Switzerland
 and the United States of America, and by the European
 Economic Community and its Member States, provided                                       Article VIII
 that they sign both this Protocol and the Protocol for
 the third extension of the Wheat Trade Convention,
  1971 .
                                                                                    Provisional application
                                                                 Any party referred to in Article V of this Protocol may
 2. This Protocol shall also be open for signature, on           deposit with the Government of the United States of
 the same conditions, to any party to the Food Aid               America a declaration of provisional application of this
 Convention, 1967 which is not enumerated in                     Protocol, provided it also deposits a declaration of
 paragraph ( 1 ) of this Article, provided that its              provisional application of the Protocol for the third
 contribution is at least equal to that which it agreed to       extension of the Wheat Trade Convention, 1971 . Any
 make in the Food Aid Convention, 1967.                          other party whose application for accession is approved
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 may also deposit with the Government of the United                provisional application may decide by mutual consent
 States of America a declaration of provisional                    that it shall enter into force among those parties that
 application, provided that the party also deposits a              have deposited instruments of ratification, acceptance,
 declaration of provisional application of the Protocol            approval, conclusion or accession, or declarations of
 for the third extension of the Wheat Trade Convention,           provisional application, provided that the Protocol for
 1971 , unless it is already a party to that Protocol or has      the third extension of the Wheat Trade Convention,
 already deposited a declaration of provisional                    1971 is in force, or they may take whatever other action
 application of that Protocol. Any such party depositing           they consider the situation requires.
 such a declaration shall provisionally apply this
 Protocol and be provisionally regarded as a party
 thereto.                                                                                   Article X
                                                                            Notification by depositary Government
                          Article IX
                                                                  The Government of the United States of America as the
                       Entry into force                           depositary Government shall notify all signatory and
                                                                  acceding parties of each signature, ratification,
1 . This Protocol shall enter into force for those parties        acceptance, approval, conclusion, provisional appli­
that have deposited instruments of ratification,                  cation of, and accession to this Protocol.
acceptance, approval, conclusion or accession,
(a) on 19 June 1976 with respect to all provisions other                                   Article XI
      than Article II of the Convention and Article III of
     the Protocol; and                                                           Certified copy of the Protocol
(b) on 1 July 1976 with respect to Article II of the
       Convention and Article III of the Protocol,                As soon as possible after the definitive entry into force
                                                                  of this Protocol, the depositary Government shall send a
provided that all parties listed in Article V ( 1 ) of this       certified copy of this Protocol in the English, French,
Protocol have deposited such instruments or a                     Russian       and      Spanish      languages     to   the
declaration of provisional application by 18 June 1976            Secretary-General of the United Nations for registration
and that the Protocol for the third extension of the              in accordance with Article 102 of the Charter of the
Wheat Trade Convention, 1971 is in force. For any                 United Nations. Any amendments to this Protocol shall
other party that deposits an instrument of ratification,          likewise be communicated.
acceptance, approval, conclusion or accession after the
entry into force of the Protocol, this Protocol shall enter
into force on the date of such deposit.                                                   Article XII
2. If this Protocol does not enter into force in                            Relationship of preamble to Protocol
accordance with the provisions of paragraph 1 of this
Article, the parties which by 19 June 1976 have                   This Protocol includes the preamble to the Protocols for
deposited instruments of ratification, acceptance,                the   third   extension    of   the   International  Wheat
approval, conclusion or accession, or declarations 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 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.