CELEX: 21981A0324(01)
Language: en
Date: 1981-05-12 00:00:00
Title: 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

13 . 6 . 81                        Official Journal of the European Communities                        No L 155 / 25
                                                 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 30 June 1981 ,
             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 .
              1981   PROTOCOL      FOR    THE     SIXTH    EXTENSION      OF   THE     WHEAT      TRADE
                                                 CONVENTION, 1971
THE GOVERNMENTS PARTY TO THIS PROTOCOL,                                               Article 2
Considering that the Wheat Trade Convention, 1971                    Inoperative provisions of the Convention
(hereinafter referred to as 'the Convention') of the
International Wheat Agreement, 1971 , which was               The following provisions of the Convention shall be
further extended by Protocol in 1979, expires on              deemed to be inoperative with effect from 1 July
30 June 1981 .                                                1981 :
                                                              (a) paragraph (4) of Article 19 ;
                                                              (b) Articles 22 to 26 inclusive ;
HAVE AGREED AS FOLLOWS :                                      (c) paragraph ( 1 ) of Article 27 ;
                                                              (d) Articles 29 to 31 inclusive.
                         Article 1
 Extension, expiry and termination of the Convention                                  Article 3
Subject to the provisions of Article 2 of this Protocol,                              Definition
the Convention shall continue in force between the
Parties to this Protocol until 30 June 1983 provided          Any reference in this Protocol to a 'Government' or
that, if a new international agreement covering wheat         'Governments' shall be construed as including a
enters into force before 30 June 1983, this Protocol          reference to the European Economic Community
shall remain in force only until the date of entry into       (hereinafter referred to as 'the Community').
force of the new agreement.                                   Accordingly, any reference in this Protocol to
 ---pagebreak--- No L 155 / 26                        Official Journal of the European Communities                               13 . 6 . 81
'signature' or to the 'deposit of instruments of rati­                                   Article 7
fication, acceptance or approval' or 'an instrument of
accession' or 'a declaration of provisional application'                                Accession
by a Government shall, in the case of the
Community, be construed as including signature or               1.    This Protocol shall be open for accession :
declaration of provisional application on behalf of the
Community by its competent authority and the                    (a) until 30 June 1981 by the Government of any
deposit of the instrument required by the institutional              member listed in Annex A or B to the Convention
procedures of the Community to be deposited for the                  as of that date, except that the Council may grant
conclusion of an international agreement.                            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
                          Article 4                                  member of the United Nations, of its specialized
                                                                     agencies or of the International Atomic Energy
                          Finance                                    Agency, upon such conditions as the Council
                                                                     considers appropriate by not less than two-thirds
The initial contribution of any exporting or importing               of the votes cast by exporting members and two­
member acceding to this Protocol under paragraph                     thirds of the votes cast by importing members .
( 1 ) (b) of Article 7 thereof, shall be assessed by the
Council on the basis of the votes to be distributed to          2.     Accession shall be effected by the deposit of an
it and the period remaining in the current crop year,           instrument of accession with the Government of the
but the assessments made upon other exporting and               United States of America .
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,
                          Article 5                             any member, the Government of which has acceded
                                                                to the Convention on conditions prescribed by the
                         Signature                              Council, or to this Protocol in accordance with
                                                                paragraph ( 1 ) (b) of this Article, shall be deemed to
This Protocol shall be open for signature in                    be listed in the appropriate Annex.
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                                   Article 8
to the Convention, as further extended by the 1979
Protocol, on 6 March 1981 , or which are members of
                                                                                  Provisional application
the United Nations , of its specialized agencies or of
the International Atomic Energy Agency, and are
listed in Annex A ,or 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 or approval                 application . Any Government depositing such a
                                                                declaration shall provisionally apply this Protocol and
This Procotol shall be subject to ratification,                 be provisionally regarded as a Party thereto .
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                                       Article 9
Government of the United States of America not later
than 30 June 1981 , except that the Council may grarit                                Entry into force
one or more extensions of time to any signatory
Government that has not deposited its instrument of              1 . This Protocol shall enter into force on 1 July
ratification, acceptance or approval by that date.               1981 if, by 30 June 1981 , Governments representing
 ---pagebreak--- 13 . 6 . 81                           Official Journal of the European Communities                           No L 155 / 27
exporting members which held at least 60 % of the                notification and notice received under Article 27 of
votes set out in Annex A and representing importing              the Convention and each declaration and notification
members which held at least 50 % of the votes set out            received under Article 28 of the Convention.
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 rati­
fication, acceptance, approval or accession, or
declarations of provisional application, in accordance                                   Article 11
with Articles 6, 7 and 8 of this Protocol.
                                                                              Certified copy of the Protocol
2.      If this Protocol does not enter into force in
accordance with paragraph ( 1 ) of this Article, the             As soon as possible after the entry into force of this
Governments which have deposited instruments of                  Protocol, the depositary Government shall send a
ratification, acceptance, approval or accession, or              certified copy of this Protocol in the English, French,
declarations of provisional application, may decide by           Russian and Spanish languages to the Secretary­
mutual consent that it shall enter into force among              General of the United Nations for registration in
                                                                 accordance - with Article 102 of the Charter of the
those Governments that have deposited instruments
of ratification, acceptance, approval or accession, or           United Nations. Any amendments to this Protocol
                                                                 shall likewise be communicated.
declarations of provisional application .
                          Article 10                                                     Article 12
           Notification by depositary Government                           Relationship of Preamble to Protocol
The Government of the United States of America as                This Protocol includes the Preamble to the 1981
the depositary Government shall notify all signatory             Protocols for the sixth extension of the Wheat Trade
and acceding Governments of each signature, rati­                Convention, 1971 , and for the first extension of the
fication, acceptance, approval, provisional application          Food Aid Convention, 1980, constituting the Inter­
of, and accession to, this Protocol as well as of each           national 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.
                1981 PROTOCOL FOR THE FIRST EXTENSION OF THE FOOD AID CONVENTION,
                                                            1980
THE PARTIES TO THIS PROTOCOL,                                     HAVE AGREED AS FOLLOWS :
                                                                                          Article I
Considering that the Food Aid Convention, 1980                     Extension, expiry and termination of the Convention
(hereinafter referred to as 'the Convention') of the
International Wheat Agreement, 1971 , expires on                  Subject to the provisions of Article II of this Protocol,
30 June 1981 ,                                                    the Convention shall continue in force between the
 ---pagebreak--- No L 155 / 28                         Official Journal of the European Communities                              13 . 6 . 81
Parties to this Protocol until 30 June 1983 provided             later than 30 June 1981 , except that the Food Aid
that, if a new agreement covering food aid enters into           Committee under the Convention (hereinafter
force before 30 June 1983 , this Protocol shall remain           referred to as 'the Committee') may grant one or
in force only until the date of entry into force of the          more extensions of time to any signatory Government
new agreement.                                                   that has not deposited its instrument of ratification,
                                                                 acceptance or approval by that date.
                         Article II
        Inoperative provisions of the Convention                                       ^  Article VII
                                                                                    Provisional application
The following provisions of the Convention shall be
deemed to be inoperative with effect from 1 July
1981 :                                                           Any signatory Government may deposit with the
                                                                 depositary a declaration of provisional application of
(a) Article XII ;                                                this Protocol. Any such Government shall pro­
                                                                 visionally apply this Protocol and be provisionally
(b) Article XVII ;                                               regarded as a Party thereto.
(c) paragraph ( 1 ) of Article XVIII.
                         Article III                                                     Article VIII
                                                                                          Accession
                  International food aid
For the purposes of the operation of the Convention              ( 1 ) This Protocol shall be open for accession by
as extended by this Protocol, any member which has               any Government referred to in paragraph (3) of
acceded to this Protocol pursuant to paragraph (2) of            Article III of the Convention that has not signed this
Article VIII of this Protocol shall be deemed to be              Protocol. Instruments of accession shall be deposited
listed in paragraph (3) of Article III of the                    with the depositary not later than 30 June 1981 ,
Convention, together with its minimum contribution               except that the Committee may grant one or more
as determined under the relevant provisions of Article           extensions of time to any Government that has not
VIII of this Procotol .                                          deposited its instrument of accession by that date.
                                                                 (2)      Once this Protocol has entered into force in
                         Article IV                              accordance with Article IX of this Protocol, it shall
                                                                 be open for accession by any Government other than
                         Signature                               those referred to in paragraph (3) of Article III of the
                                                                 Convention, upon such conditions as the Committee
This Protocol shall be open for signature in                     considers appropriate. Instruments of accession shall
Washington from 24 March 1981 until and including                be deposited with the depositary.
 15 May 1981 by the Governments referred to in
paragraph (3) of Article III of the Convention.                   (3)     Any Government acceding to this Protocol
                                                                 under paragraph ( 1 ) or (2) of this Article may deposit
                                                                 with the depositary a declaration of provisional
                         Article V
                                                                  application of this Protocol pending the deposit of its
                                                                  instrument of accession. Any such Government shall
                        Depositary                               provisionally apply this Protocol and be provisionally
                                                                  regarded as a Party thereto.
The Government of the United States of America
 shall be the depositary of this Protocol.
                                                                                           Article IX
                         Article VI
                                                                                        Entry into force
           Ratification, acceptance or approval
                                                                  1 . This Protocol shall enter into force on 1 July
This Protocol shall be subject to ratification,                    1981 , if by 30 June 1981 the Government referred to
 acceptance     or    approval      by   each     signatory       in paragraph (3) of Article III of the Convention have
 Government in accordance with its constitutional                 deposited instruments of ratification, acceptance,
 procedures. Instruments of ratification, acceptance or           approval or accession, or declarations of provisional
 approval shall be deposited with the depositary not              application, and provided that the 1981 Protocol for
 ---pagebreak--- 13 . 6 . 81                             Official Journal of the European Communities                        No L 155 / 29
the sixth extension of the Wheat Trade Convention,                 Protocol for the sixth extension of the Wheat Trade
1971 , or a new Wheat Trade Convention replacing it,               Convention,     1971 ,  or    a  new   Wheat    Trade
is in force .                                                      Convention replacing it, remains in force until and
                                                                   including that date.
2.      If this Protocol does not enter into force in
accordance with paragraph ( 1) of this Article, the                                       Article XI
Governments which have deposited instruments of
ratification, acceptance, approval or accession, or                                     Authentic texts
declarations of provisional application, may decide by
unanimous consent that it shall enter into force
                                                                   The texts of this Protocol in the English, Frehch,
among themselves provided that the 1981 Protocol                   Russian and Spanish languages shall all be equally
for     the   sixth   extension     of  the   Wheat    Trade
                                                                   authentic. The originals shall be deposited in the
Convention,         1971 ,  or    a    new   Wheat     Trade       archives of the depositary, which shall transmit
Convention replacing it, is in force, or may take                  certified copies thereof to each signatory and
whatever other action they consider the situation                  acceding Government.
requires.
                                                                                          Article XII
                            Article X
                                                                            Relationship of Preamble to Protocol
                            Duration
                                                                   This Protocol includes the Preamble to the 1981
This Protocol         shall  remain in force until       and       Protocols for the sixth extension of the International
including 30 June 1983, provided that the 1981                     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.