"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
