title: 2009/487/EC: Council Decision of 24 October 2008 on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland

text:
               24.6.2009

               EN

               Official Journal of the European Union

               L 161/6

         COUNCIL DECISION
   of 24 October 2008
   on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland
   (2009/487/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 63(1)(a) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               On 27 February 2006 the Council authorised the Commission to open negotiations, on behalf of the Community, with the Swiss Confederation and the Principality of Liechtenstein to conclude a Protocol on the participation of Denmark in the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (hereinafter referred to as the Protocol). These negotiations have been finalised.

               (2)

               In accordance with the Decision of the Council of 28 February 2008, and subject to its final conclusion at a later date, this Protocol was signed, on behalf of the European Community, on 28 February 2008.

               (3)

               The Protocol should be approved.

               (4)

               The entry into force of the Protocol with respect to Switzerland is linked to the putting into effect of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
                   (2) and of the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (3).

               (5)

               The entry into force of the Protocol with respect to Liechtenstein is linked to the putting into effect of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (hereinafter referred to as Protocol on the association of Liechtenstein with the Schengen acquis) and of the Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (hereinafter referred to as Protocol on the association of Liechtenstein with the Dublin acquis). Consequently, the deposit of the instrument of approval as regards Liechtenstein should not take place before the approval by the Council of the Protocol on the association of Liechtenstein with the Schengen acquis and of the Protocol on the association of Liechtenstein with the Dublin acquis.

               (6)

               The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and the Treaty establishing the European Community, are taking part in the adoption and application of this Decision.

               (7)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on the European Union and the Treaty establishing the European Community, Denmark is not participating to the adoption of this decision and is not bound by or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland is hereby approved on behalf of the Community.
   The text of the Protocol is attached to this Decision.
   Article 2
   1.   The President of the Council is hereby authorised to designate the person(s) empowered to deposit on behalf of the Community the instrument of approval provided for in Article 5 of the Protocol, in order to express the consent of the Community to be bound in its relations to Switzerland.
   2.   The President of the Council is hereby authorised to designate the person(s) empowered to deposit on behalf of the Community the instrument of approval provided for in Article 5 of the Protocol, in order to express the consent of the Community to be bound in its relations with Liechtenstein. The deposit of this instrument shall not take place before the Council has approved, on behalf of the European Community and on behalf of the European Union, the Protocol on the association of Liechtenstein with the Schengen acquis and, on behalf of the European Community, the Protocol on the association of Liechtenstein with the Dublin acquis.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 24 October 2008.

            For the Council

            The President

         M. ALLIOT-MARIE

      (1)  Opinion of 8 July 2008 (not yet published in the Official Journal).

      (2)  OJ L 53, 27.2.2008, p. 52.

      (3)  OJ L 53, 27.2.2008, p. 5.
    ---documentbreak---

               24.6.2009

               EN

               Official Journal of the European Union

               L 161/8

         PROTOCOL
   between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community, and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland
   THE EUROPEAN COMMUNITY (hereinafter referred to as the Community),
   of the one part,
   and
   THE SWISS CONFEDERATION (hereinafter referred to as Switzerland),
   and
   THE PRINCIPALITY OF LIECHTENSTEIN (hereinafter referred to as Liechtenstein),
   of the other part,
   hereinafter referred to as the Contracting Parties,
   BEARING IN MIND that the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, provides that none of the measures of Title IV of the Treaty establishing the European Community shall be binding upon, or applicable in, Denmark;
   REFERRING to the provision of the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (1) (hereinafter referred to as the Agreement between the European Community and Switzerland), on the possibility for the Kingdom of Denmark (hereinafter referred to as Denmark) to request to participate in that Agreement;
   CONSIDERING the Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the same Agreement between the European Community and Switzerland on the accession of the Principality of Liechtenstein to that Agreement, in accordance with its Article 15;
   NOTING that the Kingdom of Denmark, by letter dated 8 November 2004, requested to participate in the same Agreement between the European Community and Switzerland;
   RECALLING that according to the Agreement between the European Community and Switzerland to which the Principality of Liechtenstein has acceded, the conditions for such participation by the Kingdom of Denmark shall be determined by the Contracting Parties, acting with the consent of Denmark, in a Protocol to that Agreement;
   CONSIDERING that it was appropriate, in the first place, for Denmark and the Community to conclude an Agreement in order to settle, in particular, matters relating to the jurisdiction of the Court of Justice and to the coordination between the Community and Denmark regarding international agreements;
   CONSIDERING the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (2);
   CONSIDERING that it is therefore necessary to fix the conditions whereby Denmark participates in the Agreement between the European Community and Switzerland, to which Liechtenstein has acceded, and that in particular it is necessary to establish rights and obligations between Switzerland, Liechtenstein and Denmark;
   NOTING that the entry into force of this Protocol is based on the consent of Denmark, in accordance with its constitutional requirements,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Kingdom of Denmark shall participate in the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (hereinafter referred to as the Agreement between the European Community and Switzerland) to which the Principality of Liechtenstein has acceded by a Protocol to that Agreement (hereinafter referred to as the Liechtenstein Protocol) in accordance with Article 15 of the Agreement, under the conditions set out in the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (hereinafter referred to as the Agreement between the European Community and Denmark) and the present Protocol.
   Article 2
   1.   The provisions of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (3) (Dublin Regulation), which is annexed to this Protocol and forms part thereof, together with its implementing measures adopted pursuant to Article 27(2) of the ‘Dublin Regulation’ shall, under international law, apply to the relations between Denmark on the one hand, and Switzerland and Liechtenstein on the other hand.
   2.   The provisions of Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (4) (Eurodac Regulation), which is annexed to this Protocol and forms part thereof, together with its implementing measures adopted pursuant to Articles 22 or 23(2) of the ‘Eurodac Regulation’ shall, under international law, apply to the relations between Denmark on the one hand, and Switzerland and Liechtenstein on the other hand.
   3.   Amendments to the Acts referred to in paragraphs 1 and 2 which are notified by Denmark to the Commission in accordance with Article 3 of the Agreement between the European Community and Denmark and which are notified by Switzerland and Liechtenstein to the Commission in accordance respectively with Article 4 of the Agreement between the European Community and Switzerland, and Article 5 of the Liechtenstein Protocol shall, under international law, apply to the relations between Denmark on the one hand, and Switzerland and Liechtenstein on the other hand.
   4.   Implementing measures adopted pursuant to Article 27(2) of the ‘Dublin Regulation’ and implementing measures adopted pursuant to Article 22 or 23(2) of the ‘Eurodac Regulation’ which are notified by Denmark to the Commission in accordance with Article 4 of the Agreement between the European Community and Denmark and which are notified by Switzerland and Liechtenstein to the Commission in accordance respectively with Article 4 of the Agreement between the European Community and Switzerland and Article 5 of the Liechtenstein Protocol shall, under international law, apply to the relations between Denmark on the one hand, and Switzerland and Liechtenstein on the other hand.
   Article 3
   Switzerland and Liechtenstein shall be entitled to submit statements of case or written observations to the Court of Justice in cases where a question has been referred to it by a Danish court or tribunal for a preliminary ruling, in accordance with Article 6(1) of the Agreement between the European Community and Denmark.
   Article 4
   1.   In the case of a complaint by Switzerland or Liechtenstein concerning the application or the interpretation by Denmark of this Protocol, Switzerland or Liechtenstein may ask that the matter be officially entered as a matter of dispute on the agenda of the Mixed Committee.
   2.   In the case of a complaint by Denmark concerning the application or the interpretation by Switzerland or Liechtenstein of this Protocol, Denmark shall be entitled to ask the Commission to enter officially the matter as a matter of dispute on the agenda of the Mixed Committee. The matter shall be placed on the agenda by the Commission.
   3.   The Mixed Committee shall have 90 days, from the date of the adoption of the agenda on which the dispute has been entered, to settle the dispute. For this purpose, Denmark shall be entitled to make observations to the Mixed Committee.
   4.   In case a dispute is settled by the Mixed Committee in a manner that requires implementation in Denmark, Denmark shall, within the period referred to in paragraph 3, notify the Parties of its implementation or non-implementation of the settlement.
   If Denmark notifies its decision not to implement the content of the settlement, paragraph 5 shall apply.
   5.   If the dispute cannot be settled by the Mixed Committee within the period referred to in paragraph 3, a further period of 90 days shall be allowed, with the purpose of reaching a final settlement. If the Mixed Committee has not taken a decision at the end of the period, this Protocol shall be considered terminated at the end of the last day of that period.
   Article 5
   This Protocol is subject to ratification or approval by the Contracting Parties.
   Instruments of ratification or approval shall be deposited with the Secretary-General of the Council, who shall act as depositary.
   As far as Liechtenstein is concerned, this Protocol shall enter into force on the first day of the second month following the notification by the Community and Liechtenstein of the completion of their respective procedures.
   As far as Switzerland is concerned, this Protocol shall enter into force on the first day of the second month following the notification by the Community and Switzerland of the completion of their respective procedures.
   The entry into force of this Protocol for the Community and Liechtenstein on the one hand, and for the Community and the Swiss Confederation, on the other hand, is also subject to the prior receipt by the depositary of a Note from Denmark to the effect that Denmark assents to the provisions contained in the present Protocol and declares that it shall apply the provisions referred to in Article 2 in its mutual relations with Switzerland and Liechtenstein.
   Article 6
   Each Contracting Party may terminate this Protocol by written declaration addressed to the depositary. Such declaration shall take effect six months after its deposition.
   This Protocol shall cease if the Agreement between the Community and Denmark is terminated.
   This Protocol shall cease if either the Community or both Switzerland and Liechtenstein have denounced it.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunitá Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         За Конфедерация Швейцария
         Por la Confederación Suiza
         Za Švýcarskou konfederaci
         For Det Schweiziske Forbund
         Für die Schweizerische Eidgenossenschaft
         Šveitsi Konföderatsiooni nimel
         Για την Ελβετική Συνομοσπονδία
         For the Swiss Confederation
         Pour la Confédération suisse
         Per la Confederazione svizzera
         Šveices Konfederācijas vārdā
         Šveicarijos Konfederacijos vardu
         A Svájci Államszövetség részéről
         Għall-Konfederazzjoni Żvizzera
         Voor de Zwitserse Bondsstaat
         W imieniu Konfederacji Szwajcarskiej
         Pela Confederação Suíça
         Pentru Confederația Elvețiană
         Za Švajčiarsku konfederáciu
         Za Švicarsko konfederacijo
         Sveitsin valaliiton puolesta
         På Schweiziska edsförbundets vägnar

         За Княжество Лихтенщайн
         Por el Principado de Liechtenstein
         Za Lichtenštejnské knížectví
         For Fyrstendømmet Liechtenstein
         Für das Fürstentum Liechtenstein
         Liechtensteini Vürstiriigi nimel
         Για το Πριγκιπάτο του Λιχτενστάιν
         For the Principality of Liechtenstein
         Pour la Principauté de Liechtenstein
         Per il Principato del Liechtenstein
         Lihtenšteinas Firstistes vārdā
         Lichtenšteino Kunigaikštystės vardu
         A Liechtensteini Hercegség részéről
         Għall-Prinċipat ta' Liechtenstein
         Voor het Vorstendom Liechtenstein
         W imieniu Księstwa Liechtensteinu
         Pelo Principado do Liechtenstein
         Pentru Principatul Liechtenstein
         Za Lichtenštajnské kniežatstvo
         Za Kneževino Lihtenštajn
         Liechtensleinin ruhtinaskunnan puolesta
         För Furstendömet Liechtenstein

      (1)  OJ L 53, 27.2.2008, p. 5.

      (2)  OJ L 66, 8.3.2006, p. 38.

      (3)  OJ L 50, 25.2.2003, p. 1.

      (4)  OJ L 316, 15.12.2000, p. 1.
   ANNEX
   COUNCIL REGULATION (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50, 25.2.2003, p. 1).
   COUNCIL REGULATION (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 316, 15.12.2000, p. 1).


Avis juridique important

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32004D0094

2004/94/EC: Council Decision of 20 January 2004 appointing a Belgian member and two Belgian alternate members of the Committee of the Regions

Official Journal L 028 , 31/01/2004 P. 0021 - 0021

Council Decisionof 20 January 2004appointing a Belgian member and two Belgian alternate members of the Committee of the Regions(2004/94/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Belgian Government,Whereas:(1) On 22 January 2002 the Council adopted Decision 2002/60/EC(1) appointing the members and alternate members of the Committee of the Regions.(2) The seats of one member and two alternate members of the Committee of the Regions have become vacant following expiry of the mandates of Mr Patrick DEWAEL, Mr Bert ANCIAUX and Mr Guy SWENNEN, of which the Council was notified on 8 December 2003,HAS DECIDED AS FOLLOWS:Sole Article(a) Mr Bart SOMERS Minister President for the Vlaamse Regering is hereby appointed a member of the Committee of the Regions in place of Mr Patrick DEWAEL.(b) The following are appointed alternate members of the Committee of the Regions:1. Mr Jos BEXVlaams Volksvertegenwoordigerin place of Mr Bert ANCIAUX2. Ms Josée VERCAMMENVlaams Volksvertegenwoordigerin place of Mr Guy SWENNENfor the remainder of their terms of office, which end on 25 January 2006.Done at Brussels, 20 January 2004.For the CouncilThe PresidentC. McCreevy(1) OJ L 24, 26.1.2002, p. 38.


title: 2009/331/EC,Euratom: Council and Commission Decision of 26 February 2009 on the conclusion of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               28.4.2009

               EN

               Official Journal of the European Union

               L 107/164

      COUNCIL AND COMMISSION DECISION

   of 26 February 2009
   on the conclusion of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2009/331/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION
   AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of Article 300(2), first subparagraph, and the second subparagraph of Article 300(3) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the Act of Accession of Bulgaria and Romania and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament,
   Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, has been signed on behalf of the European Community and the Member States on 19 November 2008 in accordance with Council Decision 2009/330/EC (1).

               (2)

               The Protocol should be concluded,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   Article 2
   The President of the Council shall, on behalf of the European Community and its Member States, deposit the instruments of approval provided for in Article 11 of the Protocol. The President of the Commission shall simultaneously deposit these instruments on behalf of the European Atomic Energy Community.

      Done at Brussels, 26 February 2009.

            For the Council

            The President

         I. LANGER

            For the Commission

            The President

         José Manuel BARROSO

      (1)  See page 1 of this Official Journal.


title: Council Decision 2013/365/CFSP of 9 July 2013 amending Decision 2012/329/CFSP extending the mandate of the European Union Special Representative for the Horn of Africa

text:
               10.7.2013

               EN

               Official Journal of the European Union

               L 189/8

         COUNCIL DECISION 2013/365/CFSP
   of 9 July 2013
   amending Decision 2012/329/CFSP extending the mandate of the European Union Special Representative for the Horn of Africa
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 8 December 2011, the Council adopted Decision 2011/819/CFSP (1) appointing Mr Alexander RONDOS as the European Union Special Representative (EUSR) for the Horn of Africa.

               (2)

               On 25 June 2012, the Council adopted Decision 2012/329/CFSP (2) extending the mandate of the EUSR for the Horn of Africa until 30 June 2013.

               (3)

               The mandate of the EUSR should be extended for a further period of four months.

               (4)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2012/329/CFSP is hereby amended as follows:

               (1)

               Article 1 is replaced by the following:
               ‧Article 1
               European Union Special Representative
               The mandate of Mr Alexander RONDOS as the EUSR for the Horn of Africa is hereby extended until 31 October 2013. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
               For the purposes of the mandate of the EUSR, the Horn of Africa is defined as comprising the Republic of Djibouti, the State of Eritrea, the Federal Democratic Republic of Ethiopia, the Republic of Kenya, the Federal Republic of Somalia, the Republic of the Sudan, the Republic of South Sudan and the Republic of Uganda. For issues with broader regional implications, including piracy, the EUSR shall engage with countries and regional entities beyond the Horn of Africa, as appropriate.
               In view of the need for a regional approach to the inter-related challenges facing the region, the EUSR for the Horn of Africa shall work in close consultation with the EUSR for Sudan and South Sudan who shall retain primary responsibility for those two countries‧

               (2)

               Article 5(1) is replaced by the following:
               ‧1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 July 2012 to 31 October 2013 shall be EUR 4 900 000.‧

         Article 2
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 July 2013.

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 327, 9.12.2011, p. 62.

      (2)  OJ L 165, 26.6.2012, p. 62.


title: 2008/579/EC: Council Decision of 16 June 2008 on the signing and conclusion on behalf of the European Community of the International Coffee Agreement 2007

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 186/12

         COUNCIL DECISION
   of 16 June 2008
   on the signing and conclusion on behalf of the European Community of the International Coffee Agreement 2007
   (2008/579/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The International Coffee Council approved the text of the International Coffee Agreement 2007 by Resolution No 431 of 28 September 2007.

               (2)

               The International Coffee Agreement 2007 has been negotiated to replace the International Coffee Agreement 2001 which was extended to 30 September 2008.

               (3)

               The International Coffee Agreement 2007 is open for signature and deposit of the instruments of ratification, acceptance or approval up to 31 August 2008.

               (4)

               The Community is a member of the International Coffee Agreement 2001 and it is therefore in its interest to approve the International Coffee Agreement 2007 replacing it,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The International Coffee Agreement 2007 is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and deposit the instrument of approval on behalf of the Community together with the declaration attached thereto up to 31 August 2008.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 16 June 2008.

            For the Council

            The President

         D. RUPEL

    ---documentbreak---

               15.7.2008

               EN

               Official Journal of the European Union

               L 186/13

         INTERNATIONAL COFFEE AGREEMENT 2007
   CONTENTS
   Article
   Preamble
   CHAPTER I —   OBJECTIVES

               1.

            Objectives
         CHAPTER II —   DEFINITIONS

               2.

            Definitions
         CHAPTER III —   GENERAL UNDERTAKINGS BY MEMBERS

               3.

            General undertakings by Members
         CHAPTER IV —   MEMBERSHIP

               4.

            Membership of the Organisation

               5.

            Group membership
         CHAPTER V —   THE INTERNATIONAL COFFEE ORGANISATION

               6.

            Seat and structure of the International Coffee Organisation

               7.

            Privileges and immunities
         CHAPTER VI —   THE INTERNATIONAL COFFEE COUNCIL

               8.

            Composition of the International Coffee Council

               9.

            Powers and functions of the Council

               10.

            Chairman and Vice-Chairman of the Council

               11.

            Sessions of the Council

               12.

            Votes

               13.

            Voting procedure of the Council

               14.

            Decisions of the Council

               15.

            Cooperation with other organisations

               16.

            Cooperation with non-governmental organisations
         CHAPTER VII —   THE EXECUTIVE DIRECTOR AND THE STAFF

               17.

            The Executive Director and the staff
         CHAPTER VIII —   FINANCE AND ADMINISTRATION

               18.

            Finance and Administration Committee

               19.

            Finance

               20.

            Determination of the Administrative Budget and assessment of contributions

               21.

            Payment of contributions

               22.

            Liabilities

               23.

            Audit and publication of accounts
         CHAPTER IX —   PROMOTION AND MARKET DEVELOPMENT

               24.

            Removal of obstacles to trade and consumption

               25.

            Promotion and market development

               26.

            Measures related to processed coffee

               27.

            Mixtures and substitutes
         CHAPTER X —   PROJECT ACTIVITIES OF THE ORGANISATION

               28.

            Development and funding of projects
         CHAPTER XI —   THE PRIVATE COFFEE SECTOR

               29.

            The Private Sector Consultative Board

               30.

            The World Coffee Conference

               31.

            The Consultative Forum on Coffee Sector Finance
         CHAPTER XII —   STATISTICAL INFORMATION, STUDIES AND SURVEYS

               32.

            Statistical information

               33.

            Certificates of Origin

               34.

            Studies, surveys and reports
         CHAPTER XIII —   GENERAL PROVISIONS

               35.

            Preparations for a new Agreement

               36.

            Sustainable coffee sector

               37.

            Standard of living and working conditions
         CHAPTER XIV —   CONSULTATIONS, DISPUTES AND COMPLAINTS

               38.

            Consultations

               39.

            Disputes and complaints
         CHAPTER XV —   FINAL PROVISIONS

               40.

            Signature and ratification, acceptance or approval

               41.

            Provisional application

               42.

            Entry into force

               43.

            Accession

               44.

            Reservations

               45.

            Voluntary withdrawal

               46.

            Exclusion

               47.

            Settlement of accounts with withdrawing or excluded Members

               48.

            Duration, extension and termination

               49.

            Amendment

               50.

            Supplementary and transitional provision

               51.

            Authentic texts of the Agreement

               ANNEX

            Conversion factors for roasted, decaffeinated, liquid and soluble coffee as defined in the International Coffee Agreement 2001
         INTERNATIONAL COFFEE AGREEMENT 2007
   PREAMBLE
   THE GOVERNMENTS PARTY TO THIS AGREEMENT,
   Recognising the exceptional importance of coffee to the economies of many countries which are largely dependent upon this commodity for their export earnings and for the achievement of their social and economic development goals;
   Recognising the importance of the coffee sector to the livelihoods of millions of people, particularly in developing countries, and bearing in mind that in many of these countries production is on small-scale family farms;
   Recognising the contribution of a sustainable coffee sector to the achievement of internationally agreed development goals, including the Millennium Development Goals (MDGs), in particular with respect to poverty eradication;
   Recognising the need to foster the sustainable development of the coffee sector, leading to enhanced employment and income, and better living standards and working conditions in Member countries;
   Considering that close international cooperation on coffee matters, including international trade, can foster an economically diversified global coffee sector, the economic and social development of producing countries, the development of coffee production and consumption, and improved relations between coffee exporting and importing countries;
   Considering that collaboration between Members, international organisations, the private sector and all other stakeholders can contribute to the development of the coffee sector;
   Recognising that increased access to coffee-related information and market-based risk management strategies can help avoid imbalances in the production and consumption of coffee that may give rise to pronounced market volatility which can be harmful to both producers and consumers; and
   Noting the advantages derived from the international cooperation which resulted from the operation of the International Coffee Agreements 1962, 1968, 1976, 1983, 1994 and 2001,
   HAVE AGREED AS FOLLOWS:
   CHAPTER I
   OBJECTIVES
   Article 1
   Objectives
   The objective of this Agreement is to strengthen the global coffee sector and promote its sustainable expansion in a market-based environment for the betterment of all participants in the sector, by:

               1.

               promoting international cooperation on coffee matters;

               2.

               providing a forum for consultations on coffee matters among governments, and with the private sector;

               3.

               encouraging Members to develop a sustainable coffee sector in economic, social and environmental terms;

               4.

               providing a forum for consultations seeking understanding with regard to the structural conditions in international markets and long-term trends in production and consumption that balance supply and demand, and result in prices fair both to consumers and to producers;

               5.

               facilitating the expansion and transparency of international trade in all types and forms of coffee, and promoting the elimination of trade barriers;

               6.

               collecting, disseminating and publishing economic, technical and scientific information, statistics and studies, as well as the results of research and development in coffee matters;

               7.

               promoting the development of consumption and markets for all types and forms of coffee, including in coffee producing countries;

               8.

               developing, evaluating and seeking finance for projects that benefit Members and the world coffee economy;

               9.

               promoting coffee quality with a view to enhancing consumer satisfaction and benefits to producers;

               10.

               encouraging Members to develop appropriate food safety procedures in the coffee sector;

               11.

               promoting training and information programmes designed to assist the transfer to Members of technology relevant to coffee;

               12.

               encouraging Members to develop and implement strategies to enhance the capacity of local communities and small-scale farmers to benefit from coffee production, which can contribute to poverty alleviation; and

               13.

               facilitating the availability of information on financial tools and services that can assist coffee producers, including access to credit and approaches to managing risk.

         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. The Council shall, as soon as possible after this Agreement enters into force, and again at intervals of three years, review the conversion factors for the types of coffee listed in subparagraphs (d), (e), (f) and (g) below. Following such reviews the Council shall determine and publish appropriate conversion factors. Prior to the initial review, and should the Council be unable to reach a decision on this matter, the conversion factors will be those used in the International Coffee Agreement 2001, which are listed in the Annex to this Agreement. Subject to these provisions, the terms listed below 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;

                           (e)

                              decaffeinated coffee means green, roasted or soluble coffee from which caffeine has been extracted;

                           (f)

                              liquid coffee means the water-soluble solids derived from roasted coffee and put into liquid form; and

                           (g)

                              soluble coffee means the dried water-soluble solids derived from roasted coffee.

               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.

                  Organisation and Council mean, respectively, the International Coffee Organisation and the International Coffee Council.

               5.

                  Contracting Party means a Government, the European Community or any intergovernmental organisation referred to in paragraph 3 of Article 4 which has deposited an instrument of ratification, acceptance, approval or notification of provisional application of this Agreement in accordance with the provisions of Articles 40, 41 and 42 or has acceded thereto in accordance with the provisions of Article 43.

               6.

                  Member means a Contracting Party.

               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 majority vote means a vote requiring 70 % or more of the votes of exporting Members present and voting and 70 % or more of the votes of importing Members present and voting, counted separately.

               10.

               Depositary means the intergovernmental organisation or Contracting Party to the International Coffee Agreement 2001 designated by decision of the Council under the International Coffee Agreement 2001, to be taken by consensus before 31 January 2008. Such decision shall form an integral part of this Agreement.

         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 recognise 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 recognise 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 Organisation
   1.   Each Contracting Party shall constitute a single Member of the Organisation.
   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 the European Community and any intergovernmental organisation having exclusive competence in respect of the negotiation, conclusion and application of this Agreement.
   Article 5
   Group membership
   Two or more Contracting Parties may, by appropriate notification to the Council and to the Depositary, which will take effect on a date to be specified by the Contracting Parties concerned and on conditions agreed by the Council, declare that they are participating in the Organisation as a Member group.
   CHAPTER V
   THE INTERNATIONAL COFFEE ORGANISATION
   Article 6
   Seat and structure of the International Coffee Organisation
   1.   The International Coffee Organisation established under the International Coffee Agreement 1962 shall continue in being to administer the provisions and supervise the operation of this Agreement.
   2.   The seat of the Organisation shall be in London unless the Council decides otherwise.
   3.   The highest authority of the Organisation shall be the International Coffee Council. The Council shall be assisted as appropriate by the Finance and Administration Committee, the Promotion and Market Development Committee and the Projects Committee. The Council shall also be advised by the Private Sector Consultative Board, the World Coffee Conference and the Consultative Forum on Coffee Sector Finance.
   Article 7
   Privileges and immunities
   1.   The Organisation shall have legal personality. It shall in particular have the capacity to contract, acquire and dispose of movable and immovable property and to institute legal proceedings.
   2.   The status, privileges and immunities of the Organisation, of its Executive Director, its staff and experts, and of representatives of Members while in the territory of the host country for the purpose of exercising their functions, shall be governed by a Headquarters Agreement concluded between the host Government and the Organisation.
   3.   The Headquarters Agreement referred to in paragraph 2 of this Article shall be independent of this Agreement. It shall however terminate:

               (a)

               by agreement between the host Government and the Organisation;

               (b)

               in the event of the headquarters of the Organisation being moved from the territory of the host Government; or

               (c)

               in the event of the Organisation ceasing to exist.

         4.   The Organisation may conclude with one or more other Members agreements to be approved by the Council relating to such privileges and immunities as may be necessary for the proper functioning of this Agreement.
   5.   The Governments of Member countries other than the host Government shall grant the Organisation the same facilities in respect of currency or exchange restrictions, maintenance of bank accounts and transfer of monies, as are accorded to the specialised agencies of the United Nations.
   CHAPTER VI
   THE INTERNATIONAL COFFEE COUNCIL
   Article 8
   Composition of the International Coffee Council
   1.   The International Coffee Council shall consist of all the Members of the Organisation.
   2.   Each Member shall appoint one representative on the Council and, if it so desires, one or more alternates. A Member may also designate one or more advisers to its representative or alternates.
   Article 9
   Powers and functions of the Council
   1.   All powers specifically conferred by this Agreement shall be vested in the Council, which shall perform the functions necessary to carry out the provisions of this Agreement.
   2.   The Council may establish and dissolve Committees and subsidiary bodies, as appropriate, other than those provided for in paragraph 3 of Article 6.
   3.   The Council shall establish such rules and regulations, including its own rules of procedure and the financial and staff regulations of the Organisation, as are necessary to carry out the provisions of this Agreement and are consistent therewith. The Council may, in its rules of procedure, provide the means whereby it may, without meeting, decide specific questions.
   4.   The Council shall establish on a regular basis a strategic action plan to guide its work and identify priorities, including priorities for project activities undertaken pursuant to Article 28 and studies, surveys and reports undertaken pursuant to Article 34. Priorities identified in the action plan shall be reflected in the annual work programmes approved by the Council.
   5.   The Council shall also keep such records as are required to perform its functions under this Agreement and such other records as it considers desirable.
   Article 10
   Chairman and Vice-Chairman of the Council
   1.   The Council shall elect, for each coffee year, a Chairman and a Vice-Chairman who shall not be paid by the Organisation.
   2.   The Chairman shall be elected either from among the representatives of exporting Members or from among the representatives of importing Members and the Vice-Chairman shall be elected from among representatives of the other category of Member. These offices shall alternate each coffee year between the two categories of Member.
   3.   Neither the Chairman nor the Vice-Chairman acting as Chairman shall have the right to vote. His or her alternate will in such case exercise the voting rights of the Member.
   Article 11
   Sessions of the Council
   1.   The Council shall hold two regular sessions a year and special sessions should it so decide. It may hold special sessions at the request of any ten Members. Notice of sessions shall be given at least 30 days in advance except in cases of emergency when such notice shall be given at least 10 days in advance.
   2.   Sessions shall be held at the seat of the Organisation, unless the Council decides otherwise. If a Member invites the Council to meet in its territory, and the Council agrees, the additional costs to the Organisation involved above those incurred when the session is held at the seat shall be borne by that Member.
   3.   The Council may invite any non-member country or any of the organisations referred to in Articles 15 and 16 to attend any of its sessions as an observer. At each session, the Council shall decide on the admission of observers.
   4.   The quorum required for a Council session to take decisions shall be the presence of more than half of the number of exporting and importing Members representing respectively at least two-thirds of the votes for each category. If on the opening of a Council session or of any plenary meeting there is no quorum, the Chairman shall postpone the opening of the session or plenary meeting for at least two hours. If there is still no quorum at the new time set, the Chairman may again postpone the opening of the session or plenary meeting for at least a further two hours. If at the end of this new postponement there is still no quorum, the matter on which decisions are required shall be deferred to the next session of the Council.
   Article 12
   Votes
   1.   The exporting Members shall together hold 1 000 votes and the importing Members shall together hold 1 000 votes, distributed within each category of Member — that is, exporting and importing Members, respectively — as provided for in the following paragraphs of this Article.
   2.   Each Member shall have five basic votes.
   3.   The remaining votes of exporting Members shall be divided among such Members in proportion to the average volume of their respective exports of coffee to all destinations in the preceding four calendar years.
   4.   The remaining votes of importing Members shall be divided among such Members in proportion to the average volume of their respective imports of coffee in the preceding four calendar years.
   5.   The European Community or any intergovernmental organisation as defined in paragraph 3 of Article 4 shall hold votes as a single Member; it shall have five basic votes and additional votes in proportion to the average volume of its imports or exports of coffee, in the preceding four calendar years.
   6.   The distribution of votes shall be determined by the Council in accordance with the provisions of this Article at the beginning of each coffee year and shall remain in effect during that year, except as provided for in paragraph 7 of this Article.
   7.   The Council shall provide for the redistribution of votes in accordance with the provisions of this Article whenever there is a change in the membership of the Organisation or if the voting rights of a Member are suspended or regained under the provisions of Article 21.
   8.   No Member shall hold two-thirds or more of the votes in its category.
   9.   There shall be no fractional votes.
   Article 13
   Voting procedure of the Council
   1.   Each Member shall be entitled to cast the number of votes it holds and shall not be entitled to divide its votes. However, a Member may cast differently any votes which it holds under the provisions of paragraph 2 of this Article.
   2.   Any exporting Member may authorise in writing any other exporting Member, and any importing Member may authorise in writing any other importing Member, to represent its interests and to exercise its right to vote at any meeting or meetings of the Council.
   Article 14
   Decisions of the Council
   1.   The Council shall endeavour to take all decisions and to make all recommendations by consensus. If consensus cannot be reached, the Council shall take decisions and make recommendations by a distributed majority vote of 70 % or more of exporting Members, present and voting, and 70 % or more of importing Members, present and voting, counted separately.
   2.   The following procedure shall apply with respect to any decision by the Council taken by a distributed majority vote:

               (a)

               if a distributed majority vote is not obtained because of the negative vote of three or less exporting or three or less importing Members, the proposal shall, if the Council so decides by a majority of the Members present, be put to a vote again within 48 hours; and

               (b)

               if a distributed majority vote is again not obtained, the proposal shall be considered not approved.

         3.   Members are committed to accept as binding all decisions of the Council under the provisions of this Agreement.
   Article 15
   Cooperation with other organisations
   1.   The Council may make arrangements for consultation and cooperation with the United Nations and its specialised agencies; other appropriate intergovernmental organisations; and relevant international and regional organisations. It shall take full advantage of the facilities of the Common Fund for Commodities and other sources of funding. Such arrangements may include financial arrangements which the Council considers appropriate for achieving the objectives of this Agreement. However, in respect of the implementation of any project under such arrangements the Organisation shall not incur any financial obligations for guarantees given by individual Members or other entities. No Member shall be responsible by reason of its membership of the Organisation for any liability arising from borrowing or lending by any other Member or entity in connection with such projects.
   2.   Where possible, the Organisation may also collect from Members, non-members, and from donor and other agencies, information on development projects and programmes focussing on the coffee sector. Where appropriate, and with the agreement of the parties concerned, the Organisation may make this information available to such other organisations as well as to Members.
   Article 16
   Cooperation with non-governmental organisations
   In pursuing the objectives of this Agreement, the Organisation may, without prejudice to the provisions of Articles 15, 29, 30 and 31, establish and strengthen cooperative activities with appropriate non-governmental organisations having expertise in relevant aspects of the coffee sector and with other experts in coffee matters.
   CHAPTER VII
   THE EXECUTIVE DIRECTOR AND THE STAFF
   Article 17
   The Executive Director and the staff
   1.   The Council shall appoint the Executive Director. The terms of appointment of the Executive Director shall be established by the Council and shall be comparable to those applying to corresponding officials of similar intergovernmental organisations.
   2.   The Executive Director shall be the chief administrative officer of the Organisation and shall be responsible for the performance of any duties devolving upon him in the administration of this Agreement.
   3.   The Executive Director shall appoint the staff of the Organisation in accordance with regulations established by the Council.
   4.   Neither the Executive Director nor any member of the staff shall have any financial interest in the coffee industry, the coffee trade or the transportation of coffee.
   5.   In the performance of their duties, the Executive Director and the staff shall not seek or receive instructions from any Member or from any other authority external to the Organisation. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organisation. Each Member undertakes to respect the exclusively international character of the responsibilities of the Executive Director and the staff and not to seek to influence them in the discharge of their responsibilities.
   CHAPTER VIII
   FINANCE AND ADMINISTRATION
   Article 18
   Finance and Administration Committee
   A Committee on Finance and Administration shall be established. The Council shall determine its composition and mandate. This Committee shall be responsible for supervising the preparation of the Administrative Budget to be presented to the Council for approval, and carrying out any other tasks which the Council assigns to it which shall include monitoring income and expenditure and matters related to the administration of the Organisation. The Finance and Administration Committee shall report on its proceedings to the Council.
   Article 19
   Finance
   1.   The expenses of delegations to the Council and representatives on any of the committees of the Council shall be met by their respective Governments.
   2.   The other expenses necessary for the administration of this Agreement shall be met by annual contributions from Members assessed in accordance with the provisions of Article 20, together with revenues from sales of specific services to Members and the sale of information and studies generated under the provisions of Articles 32 and 34.
   3.   The financial year of the Organisation shall be the same as the coffee year.
   Article 20
   Determination of the Administrative Budget and assessment of contributions
   1.   During the second half of each financial year, the Council shall approve the Administrative Budget of the Organisation for the following financial year and shall assess the contribution of each Member to that Budget. A draft Administrative Budget shall be prepared by the Executive Director under the supervision of the Finance and Administration Committee in accordance with the provisions of Article 18.
   2.   The contribution of each Member to the Administrative Budget for each financial year shall be in the proportion which the number of its votes at the time the Administrative Budget for that financial year is approved bears to the total votes of all the Members. However, if there is any change in the distribution of votes among Members in accordance with the provisions of paragraph 6. of Article 12 at the beginning of the financial year for which contributions are assessed, such contributions shall be correspondingly adjusted for that year. In determining contributions, the votes of each Member shall be calculated without regard to the suspension of the voting rights of any Member or any redistribution of votes resulting there from.
   3.   The initial contribution of any Member joining the Organisation after the entry into force of this Agreement as provided for in Article 42 shall be assessed by the Council on the basis of the number of votes to be held by it and the period remaining in the current financial year, but the assessments made upon other Members for the current financial year shall not be altered.
   Article 21
   Payment of contributions
   1.   Contributions to the Administrative Budget for each financial year shall be payable in freely convertible currency and shall become due on the first day of that financial year.
   2.   If any Member fails to pay its full contribution to the Administrative Budget within six months of the date on which the contribution is due, its voting rights and its right to participate in meetings of specialised committees shall be suspended until its contribution has been paid in full. However, unless the Council so decides, such Member shall not be deprived of any of its other rights nor relieved of any of its obligations under this Agreement.
   3.   Any Member whose voting rights have been suspended under the provisions of paragraph 2 of this Article shall nevertheless remain responsible for the payment of its contribution.
   Article 22
   Liabilities
   1.   The Organisation, functioning as specified in paragraph 3 of Article 6, shall not have power to incur any obligation outside the scope of this Agreement, and shall not be taken to have been authorised by the Members to do so; in particular, it shall not have the capacity to borrow money. In exercising its capacity to contract, the Organisation shall incorporate in its contracts the terms of this Article in such a way as to bring them to the notice of the other parties entering into contracts with the Organisation, but any failure to incorporate such terms shall not invalidate such a contract or render it ultra vires.
   2.   A Member’s liability is limited to the extent of its obligations regarding contributions specifically provided for in this Agreement. Third parties dealing with the Organisation shall be deemed to have notice of the provisions of this Agreement regarding the liabilities of Members.
   Article 23
   Audit and publication of accounts
   As soon as possible and not later than six months after the close of each financial year, an independently audited statement of the Organisation’s assets, liabilities, income and expenditure during that financial year shall be prepared. This statement shall be presented to the Council for approval at its earliest forthcoming session.
   CHAPTER IX
   PROMOTION AND MARKET DEVELOPMENT
   Article 24
   Removal of obstacles to trade and consumption
   1.   Members recognise the importance of the sustainable development of the coffee sector and of the removal of current obstacles and avoidance of new obstacles which may hinder trade and consumption, while recognising at the same time the right of Members to regulate, and to introduce new regulations, in order to meet national health and environmental policy objectives, consistent with their commitments and obligations under international agreements, including those related to international trade.
   2.   Members recognise that there are at present in effect measures which may to a greater or lesser extent hinder the increase in consumption of coffee, in particular:

               (a)

               import arrangements applicable to coffee, including preferential and other tariffs, quotas, operations of government monopolies and official purchasing agencies, and other administrative rules and commercial practices;

               (b)

               export arrangements as regards direct or indirect subsidies and other administrative rules and commercial practices; and

               (c)

               internal trade conditions and domestic and regional legal and administrative provisions which may affect consumption.

         3.   Having regard to the objectives stated above and to the provisions of paragraph 4 of this Article, Members shall endeavour to pursue tariff reductions on coffee or to take other action to remove obstacles to increased consumption.
   4.   Taking into account their mutual interest, Members undertake to seek ways and means by which the obstacles to increased trade and consumption referred to in paragraph 2 of this Article may be progressively reduced and eventually, wherever possible, eliminated, or by which the effects of such obstacles may be substantially diminished.
   5.   Taking into account any commitments undertaken under the provisions of paragraph 4 of this Article, Members shall inform the Council annually of all measures adopted with a view to implementing the provisions of this Article.
   6.   The Executive Director shall prepare periodically a survey of the obstacles to consumption to be reviewed by the Council.
   7.   The Council may, in order to further the purposes of this Article, make recommendations to Members, which shall report as soon as possible to the Council on the measures adopted with a view to implementing such recommendations.
   Article 25
   Promotion and market development
   1.   Members recognise the benefits, both to exporting and importing Members, from efforts to promote consumption, improve the quality of the product, and develop markets for coffee, including in exporting Members.
   2.   Promotion and market development activities may include information campaigns, research, capacity-building and studies related to coffee production and consumption.
   3.   Such activities may be included in the Council’s annual work programme or among the project activities of the Organisation referred to in Article 28 and may be financed by voluntary contributions from Members, non-members, other organisations and the private sector.
   4.   A Committee on Promotion and Market Development shall be established. The Council shall determine its composition and mandate.
   Article 26
   Measures related to processed coffee
   Members recognise the need of developing countries to broaden the base of their economies through, inter alia, industrialisation and the export of manufactured products, including the processing of coffee and the export of processed coffee, as referred to in subparagraphs (d), (e), (f) and (g) of paragraph 1 of Article 2. In this connection, Members should avoid the adoption of governmental measures which could cause disruption to the coffee sector of other Members.
   Article 27
   Mixtures and substitutes
   1.   Members shall not maintain any regulations requiring the mixing, processing or using of other products with coffee for commercial resale as coffee. Members shall endeavour to prohibit the sale and advertisement of products under the name of coffee if such products contain less than the equivalent of 95 % green coffee as the basic raw material.
   2.   The Executive Director shall submit to the Council a periodic report on compliance with the provisions of this Article.
   CHAPTER X
   PROJECT ACTIVITIES OF THE ORGANISATION
   Article 28
   Development and funding of projects
   1.   Members and the Executive Director may submit project proposals which contribute to the achievement of the objectives of this Agreement and one or more of the priority areas for work identified in the strategic action plan approved by the Council pursuant to Article 9.
   2.   The Council shall establish procedures and mechanisms for submitting, appraising, approving, prioritising and funding projects, as well as for their implementation, monitoring and evaluation, and wide dissemination of results.
   3.   At each session of the Council the Executive Director shall report on the status of all projects approved by the Council, including those awaiting financing, under implementation, or completed since the previous Council session.
   4.   A Committee on Projects shall be established. The Council shall determine its composition and mandate.
   CHAPTER XI
   THE PRIVATE COFFEE SECTOR
   Article 29
   The Private Sector Consultative Board
   1.   The Private Sector Consultative Board (hereinafter referred to as the PSCB) shall be a consultative body which may make recommendations on any consultations made by the Council and may invite the Council to give consideration to matters related to this Agreement.
   2.   The PSCB shall consist of eight representatives of the private sector in exporting countries and eight representatives of the private sector in importing countries.
   3.   The PSCB members shall be representatives of associations or bodies designated by the Council every two coffee years, and may be re-appointed. The Council in so doing shall endeavour to designate:

               (a)

               two private sector coffee associations or bodies from exporting countries or regions representing each of the four groups of coffee, preferably representing both growers and exporters, together with one or more alternates for each representative; and

               (b)

               eight private sector coffee associations or bodies from importing countries, whether Members or non-members, preferably representing both importers and roasters, together with one or more alternates for each representative.

         4.   Each member of the PSCB may designate one or more advisers.
   5.   The PSCB shall have a Chairman and a Vice-Chairman elected from among its members, for a period of one year. These officers may be re-elected. The Chairman and the Vice-Chairman shall not be paid by the Organisation. The Chairman shall be invited to participate in meetings of the Council as an observer.
   6.   The PSCB shall normally meet at the seat of the Organisation, during regular sessions of the Council. In case of acceptance by the Council of an invitation by a Member to hold a meeting in its territory, the PSCB shall also meet in that territory, in which case the additional costs to the Organisation involved above those incurred when the meeting is held at the seat of the Organisation shall be borne by the country or private sector organisation hosting the meeting.
   7.   The PSCB may hold special meetings subject to approval by the Council.
   8.   The PSCB shall submit regular reports to the Council.
   9.   The PSCB shall establish its own rules of procedure, consistent with the provisions of this Agreement.
   Article 30
   The World Coffee Conference
   1.   The Council shall make arrangements to hold, at appropriate intervals, a World Coffee Conference (hereinafter referred to as the Conference), which shall be composed of exporting and importing Members, private sector representatives, and other interested participants, including participants from non-member countries. The Council, in coordination with the Chairman of the Conference, shall ensure that the Conference contributes to furthering the objectives of this Agreement.
   2.   The Conference shall have a Chairman who shall not be paid by the Organisation. The Chairman shall be appointed by the Council for an appropriate period, and shall be invited to participate in meetings of the Council as an observer.
   3.   The Council shall decide on the form, title, subject matter and timing of the Conference, in consultation with the Private Sector Consultative Board. The Conference shall be held normally at the seat of the Organisation, during a session of the Council. If the Council decides to accept an invitation by a Member to hold a session in its territory, the Conference may also be held in that territory, in which case the additional costs to the Organisation involved above those incurred when the session is held at the seat of the Organisation shall be borne by the country hosting the session.
   4.   Unless the Council decides otherwise, the Conference shall be self-financing.
   5.   The Chairman shall report to the Council on the conclusions of the Conference.
   Article 31
   The Consultative Forum on Coffee Sector Finance
   1.   The Council shall convene, at appropriate intervals and in cooperation with other relevant organisations, a Consultative Forum on Coffee Sector Finance (hereinafter referred to as the Forum) to facilitate consultations on topics related to finance and risk management in the coffee sector, with a particular emphasis on the needs of small and medium-scale producers and local communities in coffee producing areas.
   2.   The Forum shall include representatives of Members, intergovernmental organisations, financial institutions, the private sector, non-governmental organisations, interested non-member countries and others with relevant expertise. Unless the Council decides otherwise, the Forum shall be self-financing.
   3.   The Council shall establish rules of procedure for the functioning of the Forum, the designation of the Chairman and the wide dissemination of its results, using where appropriate mechanisms established in accordance with the provisions of Article 34. The Chairman shall report to the Council on the results of the Forum.
   CHAPTER XII
   STATISTICAL INFORMATION, STUDIES AND SURVEYS
   Article 32
   Statistical information
   1.   The Organisation shall act as a centre for the collection, exchange and publication of:

               (a)

               statistical information on world production, prices, exports, imports and re-exports, distribution and consumption of coffee, including information on production, consumption, trade and prices for coffees in different market categories and products containing coffee; and

               (b)

               in so far as is considered appropriate, technical information on the cultivation, processing and utilisation of coffee.

         2.   The Council may require Members to furnish such information as it considers necessary for its operations, including regular statistical reports on coffee production, production trends, exports, imports and re-exports, distribution, consumption, stocks, prices and taxation, but no information shall be published which might serve to identify the operations of persons or companies producing, processing or marketing coffee. Members, in so far as is possible, shall furnish information requested in as detailed, timely and accurate a manner as is practicable.
   3.   The Council shall establish a system of indicator prices and shall provide for the publication of a daily composite indicator price which should reflect actual market conditions.
   4.   If a Member fails to supply or finds difficulty in supplying within a reasonable time statistical and other information required by the Council for the proper functioning of the Organisation, the Council may require the Member concerned to explain the reasons for non-compliance. The Member may also inform the Council of its difficulty and request technical assistance.
   5.   If it is found that technical assistance is needed in the matter, or if a Member has not furnished, for two consecutive years, the statistical information required under paragraph 2. of this Article and has not sought the assistance of the Council or has not explained the reasons for non-compliance, the Council may take initiatives likely to lead such a Member to furnish the required information.
   Article 33
   Certificates of Origin
   1.   In order to facilitate the collection of statistics on the international coffee trade and to ascertain the quantities of coffee which have been exported by each exporting Member, the Organisation shall establish a system of Certificates of Origin, governed by rules approved by the Council.
   2.   Every export of coffee by an exporting Member shall be covered by a valid Certificate of Origin. Certificates of Origin shall be issued, in accordance with the rules established by the Council, by a qualified agency chosen by the Member and approved by the Organisation.
   3.   Each exporting Member shall notify the Organisation of the government or non-governmental agency which is to perform the functions specified in paragraph 2 of this Article. The Organisation shall specifically approve a non-governmental agency in accordance with the rules approved by the Council.
   4.   An exporting Member, on an exceptional basis and with proper justification, may submit, for approval by the Council, a request to allow data conveyed in Certificates of Origin concerning its exports of coffee to be transmitted to the Organisation using an alternative method.
   Article 34
   Studies, surveys and reports
   1.   In order to assist Members, the Organisation shall promote the preparation of studies, surveys, technical reports and other documents concerning relevant aspects of the coffee sector.
   2.   This may include work on the economics of coffee production and distribution, analysis of the coffee value chain, approaches to managing financial and other risks, the impact of governmental measures on the production and consumption of coffee, sustainability aspects of the coffee sector, links between coffee and health and the opportunities for expansion of coffee markets for traditional and possible new uses.
   3.   Information collected, compiled, analysed and disseminated may also include, where technically feasible:

               (a)

               quantities and prices of coffees relating to factors such as different geographic areas and quality-related conditions of production; and

               (b)

               information on market structures, niche markets and emerging trends in production and consumption.

         4.   In order to carry out the provisions of paragraph 1 of this Article, the Council shall adopt an annual work programme of studies, surveys and reports, with estimated resource requirements. These activities shall be financed either from provisions within the Administrative Budget or from extra budgetary sources.
   5.   The Organisation shall place particular emphasis on facilitating access to information by small coffee producers to assist them in improving their financial performance, including managing credit and risk.
   CHAPTER XIII
   GENERAL PROVISIONS
   Article 35
   Preparations for a new Agreement
   1.   The Council may examine the possibility of negotiating a new International Coffee Agreement.
   2.   In order to carry out this provision, the Council shall examine the progress made by the Organisation in achieving the objectives of this Agreement as specified in Article 1.
   Article 36
   Sustainable coffee sector
   Members shall give due consideration to the sustainable management of coffee resources and processing, bearing in mind the principles and objectives on sustainable development contained in Agenda 21 adopted by the United Nations Conference on Environment and Development held in Rio de Janeiro in 1992 and those adopted at the World Summit on Sustainable Development held in Johannesburg in 2002.
   Article 37
   Standard of living and working conditions
   Members shall give consideration to improving the standard of living and working conditions of populations engaged in the coffee sector, consistent with their stage of development, bearing in mind internationally recognised principles and applicable standards on these matters. Furthermore, Members agree that labour standards shall not be used for protectionist trade purposes.
   CHAPTER XIV
   CONSULTATIONS, DISPUTES AND COMPLAINTS
   Article 38
   Consultations
   Each Member shall accord sympathetic consideration to, and shall afford adequate opportunity for, consultation regarding such representations as may be made by another Member with respect to any matter relating to this Agreement. In the course of such consultation, on request by either party and with the consent of the other, the Executive Director shall establish an independent panel which shall use its good offices with a view to conciliating the parties. The costs of the panel shall not be chargeable to the Organisation. If a party does not agree to the establishment of a panel by the Executive Director, or if the consultation does not lead to a solution, the matter may be referred to the Council in accordance with the provisions of Article 39. If the consultation does lead to a solution, it shall be reported to the Executive Director who shall distribute the report to all Members.
   Article 39
   Disputes and complaints
   1.   Any dispute concerning the interpretation or application of this Agreement which is not settled by negotiation shall, at the request of any Member party to the dispute, be referred to the Council for decision.
   2.   The Council shall establish a disputes and complaints settlement procedure.
   CHAPTER XV
   FINAL PROVISIONS
   Article 40
   Signature and ratification, acceptance or approval
   1.   Except as otherwise provided, this Agreement shall be open for signature at the Depositary headquarters from 1 February 2008 until and including 31 August 2008 by Contracting Parties to the International Coffee Agreement 2001 and Governments invited to the session of the Council at which this Agreement was adopted.
   2.   This Agreement shall be subject to ratification, acceptance or approval by the signatory Governments in accordance with their respective legal procedures.
   3.   Except as provided for in Article 42, instruments of ratification, acceptance or approval shall be deposited with the Depositary not later than 30 September 2008. However, the Council may decide to grant extensions of time to signatory Governments which are unable to deposit their instruments by that date. Such decisions shall be transmitted by the Council to the Depositary.
   4.   Upon signature and ratification, acceptance or approval, or notification of provisional application, the European Community shall deposit a declaration with the Depositary confirming its exclusive competence over matters governed by this Agreement. The Member States of the European Community shall not be eligible to become Contracting Parties to the Agreement.
   Article 41
   Provisional application
   A signatory Government which intends to ratify, accept or approve this Agreement may, at any time, notify the Depositary that it will apply this Agreement provisionally in accordance with its legal procedures.
   Article 42
   Entry into force
   1.   This Agreement shall enter into force definitively when signatory Governments holding at least two-thirds of the votes of the exporting Members and signatory Governments holding at least two-thirds of the votes of the importing Members, calculated as at 28 September 2007, without reference to possible suspension under the terms of Article 21, have deposited instruments of ratification, acceptance or approval. Alternatively, it shall enter into force definitively at any time if it is provisionally in force in accordance with the provisions of paragraph 2 of this Article and these percentage requirements are satisfied by the deposit of instruments of ratification, acceptance or approval.
   2.   If this Agreement has not entered into force definitively by 25 September 2008, it shall enter into force provisionally on that date, or on any date within 12 months thereafter, if signatory Governments holding votes as described in paragraph 1 of this Article, have deposited instruments of ratification, acceptance or approval, or have notified the Depositary in accordance with the provisions of Article 41.
   3.   If this Agreement has entered into force provisionally but has not entered into force definitively by 25 September 2009, it shall cease to be in force provisionally unless those signatory Governments which have deposited instruments of ratification, acceptance or approval, or have notified the Depositary in accordance with the provisions of Article 41, decide, by mutual consent, that it shall continue in force provisionally for a specific period of time. Such signatory Governments may also decide, by mutual consent, that this Agreement shall enter into force definitively among themselves.
   4.   If this Agreement has not entered into force definitively or provisionally by 25 September 2009 under the provisions of paragraph 1 or 2 of this Article, those signatory Governments which have deposited instruments of ratification, acceptance or approval, in accordance with their laws and regulations, may, by mutual consent, decide that it shall enter into force definitively among themselves.
   Article 43
   Accession
   1.   Except as otherwise provided for in this Agreement, the Government of any State member of the United Nations or of any of its specialised agencies or any intergovernmental organisation described in paragraph 3 of Article 4 may accede to this Agreement in accordance with procedures which shall be established by the Council.
   2.   Instruments of accession shall be deposited with the Depositary. The accession shall take effect upon deposit of the instrument.
   3.   Upon deposit of an instrument of accession, any intergovernmental organisation referred to in paragraph 3 of Article 4 shall deposit a declaration confirming its exclusive competence over matters governed by this Agreement. The member States of such organisation shall not be eligible to become Contracting Parties to this Agreement.
   Article 44
   Reservations
   Reservations may not be made with respect to any of the provisions of this Agreement.
   Article 45
   Voluntary withdrawal
   Any Contracting Party may withdraw from this Agreement at any time by giving a written notice of withdrawal to the Depositary. Withdrawal shall become effective 90 days after the notice is received.
   Article 46
   Exclusion
   If the Council decides that any Member is in breach of its obligations under this Agreement and decides further that such breach significantly impairs the operation of this Agreement, it may exclude such Member from the Organisation. The Council shall immediately notify the Depositary of any such decision. Ninety days after the date of the Council’s decision, such Member shall cease to be a Member of the Organisation and a Party to this Agreement.
   Article 47
   Settlement of accounts with withdrawing or excluded Members
   1.   The Council shall determine any settlement of accounts with a withdrawing or excluded Member. The Organisation shall retain any amounts already paid by a withdrawing or excluded Member and such Member shall remain bound to pay any amounts due from it to the Organisation at the time the withdrawal or the exclusion becomes effective; provided, however, that in the case of a Contracting Party which is unable to accept an amendment and consequently ceases to participate in this Agreement under the provisions of paragraph 2 of Article 49, the Council may determine any settlement of accounts which it finds equitable.
   2.   A Member which has ceased to participate in this Agreement shall not be entitled to any share of the proceeds of liquidation or the other assets of the Organisation; nor shall it be liable for payment of any part of the deficit, if any, of the Organisation upon termination of this Agreement.
   Article 48
   Duration, extension and termination
   1.   This Agreement shall remain in force for a period of ten years after it enters into force provisionally or definitively unless extended under the provisions of paragraph 3. of this Article or terminated under the provisions of paragraph 4 of this Article.
   2.   The Council shall review this Agreement five years after its entry into force and shall take decisions as appropriate.
   3.   The Council may decide to extend this Agreement beyond its expiry date for one or more successive periods not to exceed eight years in total. Any Member which does not accept any such extension of this Agreement shall so inform the Council and the Depositary in writing before the commencement of the period of extension and shall cease to be a Party to this Agreement from the beginning of the period of extension.
   4.   The Council may at any time decide to terminate this Agreement. Termination shall take effect on such date as the Council shall decide.
   5.   Notwithstanding the termination of this Agreement, the Council shall remain in being for as long as necessary to take such decisions as are needed during the period of time required for the liquidation of the Organisation, settlement of its accounts and disposal of its assets.
   6.   Any decision taken with respect to the duration and/or termination of this Agreement and any notification received by the Council pursuant to this Article shall be duly transmitted by the Council to the Depositary.
   Article 49
   Amendment
   1.   The Council may propose an amendment of the Agreement and shall communicate such proposal to all Contracting Parties. The amendment shall enter into force for all Members of the Organisation 100 days after the Depositary has received notifications of acceptance from Contracting Parties holding at least two-thirds of the votes of the exporting Members, and from Contracting Parties holding at least two-thirds of the votes of the importing Members. The two-thirds percentage referred to herein shall be calculated based upon the number of Contracting Parties to the Agreement at the time that the proposal of the amendment was circulated to the Contracting Parties concerned for acceptance. The Council shall fix a time within which Contracting Parties shall notify the Depositary of their acceptance of the amendment, which shall be communicated by the Council to all Contracting Parties and the Depositary. If, on expiry of such time limit, the percentage requirements for the entry into effect of the amendment have not been met, the amendment shall be considered withdrawn.
   2.   Unless the Council decides otherwise, any Contracting Party which has not notified acceptance of an amendment within the period fixed by the Council shall cease to be a Contracting Party to this Agreement from the date on which such amendment becomes effective.
   3.   The Council shall notify the Depositary of any amendments distributed to the Contracting Parties under this Article.
   Article 50
   Supplementary and transitional provision
   All acts by or on behalf of the Organisation or any of its organs under the International Coffee Agreement 2001 shall remain in effect until the entry into force of this Agreement.
   Article 51
   Authentic texts of the Agreement
   The texts of this Agreement in the English, French, Portuguese and Spanish languages shall all be equally authentic. The originals shall be deposited with the Depositary.

      IN WITNESS WHEREOF the undersigned, having been duly authorised to this effect by their respective Governments, have signed this Agreement on the dates appearing opposite their signatures.

   ANNEX
   CONVERSION FACTORS FOR ROASTED, DECAFFEINATED, LIQUID AND SOLUBLE COFFEE AS DEFINED IN THE INTERNATIONAL COFFEE AGREEMENT 2001
   Roasted coffee
   To find the equivalent of roasted coffee to green coffee, multiply the net weight of roasted coffee by 1,19.
   Decaffeinated coffee
   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.
   Liquid coffee
   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.
   Soluble coffee
   To find the equivalent of soluble coffee to green coffee, multiply the net weight of the soluble coffee by 2,6.
   Declaration of the European Community in accordance with Article 40(4) of the International Coffee Agreement 2007
   In accordance with Article 40(4) of the International Coffee Agreement 2007, the European Community declares that, in accordance with the Treaty establishing the European Community, the matters governed by the Agreement fall within the exclusive competence of the European Community under the common commercial policy.


title: Council Decision of 10 July 1975 on the conclusion of the Agreement between the European Economic Community and the Malagasy Republic on the supply of long grain husked rice as food aid

text:
4. 9 . 75                      Official Journal of the European Communities                     No L 233 /23
                                                       II
                                   (Acts whose publication is not obligatory)
                                              COUNCIL
                                           COUNCIL DECISION
                                               of 10 July 1975
          on the conclusion of the Agreement between the European Economic Commu
          nity and the Malagasy Republic on the supply of long grain husked rice as food
                                                      aid
                                                 (75/521 / EEC)
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
          Having regard to the Treaty establishing the European Economic Community, and in
          particular Articles 113 , 114 and 228 thereof ;
          Having regard to the recommendation from the Commission ;
          Whereas the European Economic Community has concluded the 1971 Food Aid Conven
          tion ;
          Whereas the Malagasy Republic has requested food aid ;
          Whereas in view of the cereal supply situation in that country the latter should be
          accorded, under the Community food-aid programme for 1971 /72, and by way of gift,
          6 000 metric tons of long grain husked rice,
          HAS DECIDED AS FOLLOWS :
                                                    Article 1
          The Agreement between the European Economic Community and the Malagasy Republic
          on the supply of long grain husked rice is hereby concluded on behalf of the Commu
          nity.
          The text of the Agreement is annexed to this Decision .
                                                    Article 2
          The President of the Council is hereby authorized to designate the persons empowered to
          sign the Agreement and to confer on them the necessary powers to bind the Community.
          Done at Brussels, 10 July 1975 .
                                                                      For the Council
                                                                       The President
                                                                       E. COLOMBO