"МЕЖДУНАРОДНОЕ СОГЛАШЕНИЕ ПО КОФЕ 1994 ГОДА" [англ.](Заключено 30.03.1994)


INTERNATIONAL COFFEE AGREEMENT 1994
(30.III.1994)
Preamble
The Governments Party to this Agreement,
Recognizing the exceptional importance of coffee to the economies of many countries which are largely dependent upon this commodity for their export earnings and thus for the continuation of their development programmes in the social and economic fields;
Recognizing the need to foster the development of productive resources and the promotion and maintenance of employment and income in the coffee industry in Member countries, thereby bringing about fair wages, higher living standards and better working conditions;
Considering that close international cooperation on trade in coffee will foster the economic diversification and development of coffee-producing countries, will contribute to the improvement of political and economic relations between coffee exporting and importing countries, and will provide for increasing consumption of coffee;
Recognizing the desirability of avoiding disequilibrium between production and consumption which can give rise to pronounced fluctuations in prices harmful both to producers and to consumers;
Considering the relationship between the stability of the trade in coffee and the stability of markets for manufactured goods;
Noting the advantages derived from the international cooperation which resulted from the operation of the International Coffee Agreements 1962, 1968, 1976 and 1983;
Have agreed as follows:
Chapter I - OBJECTIVES
Article 1
Objectives
The objectives of this Agreement are:
(1) to ensure enhanced international cooperation in connection with world coffee matters;
(2) to provide a forum for intergovernmental consultations, and negotiations when appropriate, on coffee matters and on ways to achieve a reasonable balance between world supply and demand on a basis which will assure adequate supplies of coffee at fair prices to consumers and markets for coffee at remunerative prices to producers, and which will be conducive to long-term equilibrium between production and consumption;
(3) to facilitate the expansion of international trade in coffee through the collection, analysis and dissemination of statistics and the publication of indicator and other market prices and thereby to enhance transparency in the world coffee economy;
(4) to act as a centre for the collection, exchange and publication of economic and technical information on coffee;
(5) to promote studies and surveys in the field of coffee; and
(6) to encourage and increase the consumption of coffee.
Chapter II - DEFINITIONS
Article 2
Definitions
For the purposes of this Agreement:
(1) Coffee means the beans and cherries of the coffee tree, whether parchment, green or roasted, and includes ground, decaffeinated, liquid and soluble coffee. These terms shall have the following meaning:
(a) green coffee means all coffee in the naked bean form before roasting;
(b) dried coffee cherry means the dried fruit of the coffee tree; to find the equivalent of dried coffee cherry to green coffee, multiply the net weight of the dried coffee cherry by 0.50;
(c) parchment coffee means the green coffee bean contained in the parchment skin; to find the equivalent of parchment coffee to green coffee, multiply the net weight of the parchment coffee by 0.80;
(d) roasted coffee means green coffee roasted to any degree and includes ground coffee; to find the equivalent of roasted coffee to green coffee, multiply the net weight of roasted coffee by 1.19;
(e) decaffeinated coffee means green, roasted or soluble coffee from which caffeine has been extracted; to find the equivalent of decaffeinated coffee to green coffee, multiply the net weight of the decaffeinated coffee in green, roasted or soluble form by 1.00, 1.19 or 2.6 respectively;
(f) liquid coffee means the water-soluble solids derived from roasted coffee and put into liquid form; to find the equivalent of liquid coffee to green coffee, multiply the net weight of the dried coffee solids contained in the liquid coffee by 2.6; and
(g) soluble coffee means the dried water-soluble solids derived from roasted coffee; to find the equivalent of soluble coffee to green coffee, multiply the net weight of the soluble coffee by 2.6.
(2) Bag means 60 kilogrammes or 132.276 pounds of green coffee; tonne means a mass of 1,000 kilogrammes or 2,204.6 pounds; and pound means 453.597 grammes.
(3) Coffee year means the period of one year, from 1 October to 30 September.
(4) Organization and Council mean, respectively, the International Coffee Organization and the International Coffee Council.
(5) Contracting Party means a Government or intergovernmental organization referred to in paragraph (3) of Article 4 which has deposited an instrument of ratification, acceptance, approval or provisional application of this Agreement in accordance with the provisions of Articles 39 and 40 or has acceded thereto in accordance with the provisions of Article 41.
(6) Member means a Contracting Party; a designated territory or territories in respect of which separate membership has been declared under the provisions of Article 5; or two or more Contracting Parties or designated territories, or both, which participate in the Organization as a Member group under the provisions of Article 6.
(7) Exporting Member or exporting country means a Member or country, respectively, which is a net exporter of coffee; that is, a Member or country whose exports exceed its imports.
(8) Importing Member or importing country means a Member or country, respectively, which is a net importer of coffee; that is, a Member or country whose imports exceed its exports.
(9) Distributed simple majority vote means a vote requiring more than half of the votes cast by exporting Members present and voting and more than half of the votes cast by importing Members present and voting, counted separately.
(10) Distributed two-thirds majority vote means a vote requiring more than two-thirds of the votes cast by exporting Members present and voting and more than two-thirds of the votes cast by importing Members present and voting, counted separately.
(11) Entry into force means, except as otherwise provided, the date on which this Agreement enters into force, whether provisionally or definitively.
(12) Exportable production means the total production of coffee of an exporting country in a given coffee or crop year, less the amount destined for domestic consumption in the same year.
(13) Availability for export means the exportable production of an exporting country in a given coffee year, plus accumulated stocks from previous years.
Chapter III - GENERAL UNDERTAKINGS BY MEMBERS
Article 3
General undertakings by Members
(1) Members undertake to adopt such measures as are necessary to enable them to fulfil their obligations under this Agreement and fully cooperate with one another in securing the attainment of the objectives of this Agreement; in particular, Members undertake to provide all information necessary to facilitate the functioning of this Agreement.
(2) Members recognize that Certificates of Origin are important sources of information on the trade in coffee. Exporting Members, therefore, assume responsibility for ensuring the proper issuing and use of Certificates of Origin according to the rules established by the Council.
(3) Members recognize further that information on re-exports is also important for the proper analysis of the world coffee economy. Importing Members, therefore, undertake to supply regular and accurate information on re-exports, in the form and manner determined by the Council.
Chapter IV - MEMBERSHIP
Article 4
Membership of the Organization
(1) Each Contracting Party, together with those territories to which this Agreement is extended under the provisions of paragraph (1) of Article 43, shall constitute a single Member of the Organization, except as otherwise provided for under the provisions of Articles 5 and 6.
(2) A Member may change its category of membership on such conditions as the Council may agree.
(3) Any reference in this Agreement to a Government shall be construed as including a reference to the European Community, or any intergovernmental organization having comparable responsibilities in respect of the negotiation, conclusion and application of international agreements, in particular commodity agreements.
(4) Such intergovernmental organization shall not itself have any votes but in the case of a vote on matters within its competence it shall be entitled to cast collectively the votes of its Member States. In such cases, the Member States of such intergovernmental organization shall not be entitled to exercise their individual voting rights.
(5) Such intergovernmental organization shall not be eligible for election to the Executive Board under the provisions of paragraph (1) of Article 17 but may participate in the discussions of the Executive Board on matters within its competence. In the case of a vote on matters within its competence, and notwithstanding the provisions of paragraph (1) of Article 20, the votes which its Member States are entitled to cast in the Executive Board may be cast collectively by any one of those Member States.
Article 5
Separate membership in respect
of designated territories
Any Contracting Party which is a net importer of coffee may, at any time, by appropriate notification in accordance with the provisions of paragraph (2) of Article 43, declare that it is participating in the Organization separately with respect to any of the territories for whose international relations it is responsible, which are net exporters of coffee and which it designates. In such case, the metropolitan territory and its non-designated territories will have a single membership, and its designated territories, either individually or collectively as the notification indicates, will have separate membership.
Article 6
Group membership
(1) Two or more Contracting Parties which are net exporters of coffee may, by appropriate notification to the Council and to the Secretary-General of the United Nations at the time of deposit of their respective instruments of ratification, acceptance, approval, provisional application or accession, declare that they are participating in the Organization as a Member group. A territory to which this Agreement has been extended under the provisions of paragraph (1) of Article 43 may constitute part of such Member group if the Government of the State responsible for its international relations has given appropriate notification thereof under the provisions of paragraph (2) of Article 43. Such Contracting Parties and designated territories must satisfy the following conditions:
(a) they shall declare their willingness to accept responsibility for group obligations in an individual as well as a group capacity; and
(b) they shall subsequently provide satisfactory evidence to the Council that:
(i) the group has the organization necessary to implement a common coffee policy and that they have the means of complying, together with the other parties to the group, with their obligations under this Agreement; and
(ii) they have a common or coordinated commercial and economic policy in relation to coffee and a coordinated monetary and financial policy, as well as the organs necessary to implement such policies, so that the Council is satisfied that the Member group is able to comply with the group obligations involved.
(2) Any Member group recognized under the International Coffee Agreement 1983 shall continue to be recognized as a group unless it notifies the Council that it no longer wishes to be so recognized.
(3) The Member group shall constitute a single Member of the Organization, except that each party to the group shall be treated as if it were a single Member in relation to matters arising under the following provisions:
(a) Articles 11 and 12; and
(b) Article 46.
(4) The Contracting Parties and designated territories joining as a Member group shall specify the Government or organization which will represent them in the Council on matters arising under this Agreement other than those specified in paragraph (3) of this Article.
(5) The voting rights of the Member group shall be as follows:
(a) the Member group shall have the same number of basic votes as a single Member country joining the Organization in an individual capacity. These basic votes shall be attributed to and cast by the Government or organization representing the group; and
(b) in the event of a vote on any matters arising under the provisions of paragraph (3) of this Article, the parties to the Member group may cast separately the votes attributed to them under the provisions of paragraph (3) of Article 13 as if each were an individual Member of the Organization, except for the basic votes, which shall remain attributable only to the Government or organization representing the group.
(6) Any Contracting Party or designated territory which is a party to a Member group may, by notification to the Council, withdraw from that group and become a separate Member. Such withdrawal shall take effect upon receipt of the notification by the Council. If a party to a Member group withdraws from that group or ceases to participate in the Organization, the remaining parties to the group may apply to the Council to maintain the group; the group shall continue to exist unless the Council disapproves the application. If the Member group is dissolved, each former party to the group will become a separate Member. A Member which has ceased to be a party to a group may not, as long as this Agreement remains in force, again become a party to a group.
(7) Any Contracting Party which wishes to become party to a Member group after this Agreement has entered into force may do so by notification to the Council provided that:
(a) other Members of the group declare their willingness to accept the Member concerned as party to the Member group; and
(b) it notifies the Secretary-General of the United Nations that it is participating in the group.
(8) Two or more exporting Members may, at any time after this Agreement has entered into force, apply to the Council to form a Member group. The Council shall approve the application if it finds that the Members have made a declaration and have provided satisfactory evidence in accordance with the requirements of paragraph (1) of

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