27.12.2007 EN Official Journal of the European Union L 343/1 REGULATION (EC) No 1523/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2007 banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 95 and 133 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) In the perception of EU citizens, cats and dogs are considered to be pet animals and therefore it is not acceptable to use their fur or products containing such fur. Evidence exists of the presence in the Community of non-labelled fur from cats and dogs and of products containing such fur. As a consequence, consumers have become concerned about the possibility that they could buy cat and dog fur, and products containing such fur. On 18 December 2003 (3), the European Parliament adopted a declaration expressing its concerns about the trade in such fur and products and requesting that it be ended so as to restore the confidence of EU consumers and retailers. During its meetings of 17 November 2003 and 30 May 2005, the Agriculture and Fisheries Council also highlighted the need to adopt rules on the trade in cat and dog fur, and products containing such fur as soon as possible. (2) It is appropriate to clarify that only fur of species of domestic cats and dogs should be covered by this Regulation. However, as it is scientifically impossible to differentiate fur of domestic cats from fur of other non-domestic cat subspecies, a definition of cat as ‘felis silvestris’, which includes also non-domestic cat subspecies, should be adopted in this Regulation. (3) In response to consumer concern, several Member States have adopted legislation aiming at preventing the production and marketing of fur from cats and dogs. (4) There are differences between Member States' provisions governing the trade, import, production and labelling of fur and fur products, with the aim of preventing cat and dog fur from being put on the market or otherwise used for commercial purposes. Whilst some Member States have adopted a total ban on the production of fur from cats and dogs by banning the rearing or the slaughter of such animals for fur production purposes, others have adopted restrictions on the production or import of fur and products containing such fur. In some Member States, labelling requirements have been introduced. Citizens' increasing awareness of the issue is likely to prompt more Member States to adopt further restrictive measures at national level. (5) As a result, certain EU fur traders introduced a voluntary code of conduct to refrain from trading in cat and dog fur, and products containing such fur. However, this code has proved insufficient to prevent the importation and sale of cat and dog fur, particularly where fur traders deal in fur whose species of origin is not indicated and not easily recognizable, or purchase products containing such fur and are confronted with the risk either that the products in question cannot legally be traded in one or more of the Member States or that trade in one or more Member States is subject to additional requirements aimed at preventing the use of cat and dog fur. (6) The differences between national measures as regards cat and dog fur constitute barriers to the fur trade in general. Those measures impede the smooth operation of the internal market, since the existence of diverse legal requirements hamper fur production in general and make it more difficult for fur legally imported to, or produced in, the Community to circulate freely within the Community. The diverse legal requirements across the Member States lead to additional burdens and costs for fur traders. (7) Moreover, the public is confused by the diversity of legal requirements in the Member States, which itself creates an impediment to trade. (8) The measures provided for in this Regulation should therefore harmonise the rules across the Member States as regards banning the sale, offer for sale and distribution of cat and dog fur, and products containing such fur, and thereby prevent the disturbance of the internal market for all other similar products. (9) To eliminate the present fragmentation of the internal market there is a need for harmonisation where the most effective and proportionate instrument to counter the barriers to trade resulting from diverging national requirements would be a ban on the placing on the market and on the import to, or export from, the Community of cat and dog fur, and products containing such fur. (10) A labelling requirement would not be suitable to achieve the same result since it would disproportionately burden the garment industry, including traders who specialise in faux fur, and would also be disproportionately costly in cases where fur represents only a tiny part of the product. (11) There is no tradition of rearing cats and dogs for fur production purposes in the Community, although instances of manufacturing cat and dog fur have been noted. It appears in fact that the vast majority of cat and dog fur products in the Community originate from third countries. Thus, in order to be more effective, the ban on intra-Community trade should be accompanied by a ban on imports of the same products into the Community. Such an import ban would also respond to concerns expressed by consumers as to the possible introduction into the Community of fur from cats and dogs, especially since there are indications that those animals may be kept and slaughtered inhumanely. (12) A ban on exports should also ensure that cat and dog fur, and products containing such fur are not produced in the Community for export. (13) However, it is appropriate to provide for the possibility of limited derogations from the general ban on the placing on the market and on the import to or export from the Community of cat and dog fur, and products containing such fur. Such is the case in relation to cat and dog fur imported and placed on the market for educational or taxidermy purposes. (14) Regulation (EC) No 1774/2002 of the European Parliament and of the Council (4) lays down animal and public health rules for the placing on the market and the import or export of animal by-products, including cat and dog fur. It is therefore appropriate to clarify the scope of this Regulation, which should be the only act to apply to the placing on the market and the import or export of cat and dog fur at all stages of production, including raw fur. However, this Regulation should not affect the obligations under Regulation (EC) No 1774/2002 concerning the disposal of cat and dog fur for public health reasons. (15) Measures for the ban of the use of cats and dogs for fur production should be enforced uniformly across the Community. However, the techniques currently used to identify cat and dog fur, such as DNA testing, microscopy and MALDI-TOF Mass Spectrometry, vary from one Member State to another. It is appropriate for information regarding such techniques to be made available to the Commission, so that enforcement bodies are kept abreast of innovations in this field and so that the possibilities for prescribing a uniform technique can be assessed. (16) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5). (17) In particular, the Commission should be empowered to establish analytical methods to identify the species of origin of fur and exceptionally to adopt measures which derogate from the prohibitions laid down in this Regulation. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. (18) Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. In particular, Member States which seize consignments of cat and dog fur following the application of this Regulation should adopt laws allowing the confiscation and destruction of such consignments and the suspension or revocation of the import or export licences granted to the traders concerned. Member States should be encouraged to apply criminal sanctions where this is possible under their national law. (19) Since the objective of this Regulation, namely the elimination of obstacles to the functioning of the internal market by harmonising at Community level national bans concerning the trade in cat and dog fur, and products containing such fur, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective, HAVE ADOPTED THIS REGULATION: Article 1 Objective The purpose of this Regulation is to ban the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur in order to eliminate obstacles to the functioning of the internal market and to restore consumer confidence in the fact that the fur products which consumers buy do not contain cat and dog fur. Article 2 Definitions For the purpose of this Regulation, the following definitions shall apply: 1. ‘cat’ shall mean an animal of the species felis silvestris; 2. ‘dog’ shall mean an animal of the subspecies canis lupus familiaris; 3. ‘placing on the market’ shall mean the holding of cat and/or dog fur or a product containing such fur for the purpose of sale, which includes offer for sale, sale and distribution; 4. ‘import’ shall mean the release for free circulation within the meaning of Article 79 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (6), with the exception of imports of a non-commercial nature within the meaning of Article 45(2)(b) of Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty (7); 5. ‘export’ shall mean an export procedure allowing Community goods to leave the customs territory of the Community within the meaning of Article 161 of Regulation (EEC) No 2913/92. Article 3 Prohibitions The placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur shall be prohibited. Article 4 Derogations By way of derogation from Article 3, the Commission may exceptionally adopt measures allowing the placing on the market or the import or export of cat and dog fur or products containing such fur for educational or taxidermy purposes. Those measures, designed to amend non-essential elements of this Regulation and stipulating the conditions under which such derogations shall apply, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(2). Article 5 Methods for identifying the species of origin of fur Member States shall inform the Commission of the analytical methods they use to identify the species of origin of fur by 31 December 2008, and subsequently whenever required in the light of new developments. The Commission may adopt measures establishing analytical methods to be used to identify the species of origin of fur. Those measures, designed to amend non-essential elements of this Regulation by supplementing it with new elements, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(2) and included in an annex to this Regulation. Article 6 Committee 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (8). 2. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. Article 7 Reports Member States shall report to the Commission on their efforts to enforce this Regulation. The Commission shall report to the European Parliament and the Council on the application of this Regulation, including customs activities relating thereto, no later than 31 December 2010. The Commission's report shall be made available to the public. Article 8 Penalties Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those provisions by 31 December 2008, and shall notify it without delay of any subsequent amendment thereto. Article 9 Entry into force and applicability This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. It shall apply from 31 December 2008. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 11 December 2007. For the European Parliament The President H.-G. PÖTTERING For the Council The President M. LOBO ANTUNES (1) OJ C 168, 20.7.2007, p. 42. (2) Opinion of the European Parliament of 19 June 2007 (not yet published in the Official Journal) and Council Decision of 26 November 2007. (3) OJ C 91 E, 15.4.2004, p. 695. (4) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 829/2007 (OJ L 191, 21.7.2007, p. 1). (5) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). (6) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1). (7) OJ L 105, 23.4.1983, p. 1. Regulation as last amended by the 2003 Act of Accession. (8) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

Summary: Ban on trade in cat and dog fur Ban on trade in cat and dog fur The European Union (EU) introduced a ban, effective as of 31 December 2008, on trade in cat and dog fur and products containing such fur. ACT Regulation (EC) No 1523/2007 of the European Parliament and of the Council of 11 December 2007 banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur. SUMMARY The Regulation bans the placing on the market and the import to or export from the European Union (EU) of cat and dog fur and products containing such fur. The ban may exceptionally be subject to derogations by the Commission, for educational or taxidermy purposes. By 31 December 2008, the Member States had to inform the Commission of the analytical methods they use to identify the species of origin of fur (e.g. MALDI-TOF Mass Spectrometry). The Commission may adopt measures establishing analytical methods to be used in this sphere. By 31 December 2008, the Member States had to lay down appropriate penalties to ensure that the ban is complied with and notify those provisions to the Commission. By 31 December 2010, the Commission had to report on the application of the Regulation. Background The Treaty does not allow the Community to legislate on the basis of ethical concerns. That is why the proposal is based on the possibility, confirmed by consistent Court of Justice case-law, of adopting measures aimed at preventing obstacles that may affect the functioning of the Internal Market, in this case in the fur trade sector. Several Member States had in fact already taken measures to restrict trade in cat and dog fur on their territory, forcing professionals in this sector to comply with different obligations depending on the country. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) No 1523/2007 16.1.2008 - OJ L 343, 27.12.2007 RELATED ACTS Communication from the Commission to the European Parliament and the Council of 23 January 2006 on a Community Action Plan on the Protection and Welfare of Animals 2006-2010 [ COM(2006) 13 final – Official Journal C 49 of 28.2.2006]. For the period 2006-2010, the European Union (EU) planned general measures aimed at ensuring animal welfare and protection. The measures focus on improving standards, developing research and indicators, informing professionals and consumers and taking action at international level. Report from the Commission to the European Parliament and the Council on the application of Regulation (EC) No 1523/2007 banning the placing on the market, and the import to, or export from, the Community of cat and dog fur, and products containing such fur. [ COM(2013)412 final of 13.6.2013]. The report describes the enforcement measures put in place by the Member States to apply the Regulation, as well as an overview on the methods of analysis used by the Member States to identify the species of origin of fur and on the penalties applicable in case of infringements. It covers the years 2009 and 2010. The report's adoption was delayed due to the need for the Member States to collect enough information on the implementation of the ban. Some data were received only at the beginning of 2012, allowing a full analysis to be undertaken only during 2012. The main points of the report are as follows: Member States set up a system of controls in order to implement the ban. They mainly integrated checks for the ban in their existing systems of controls by: modifying national legislations in order to repeal previous national measures prohibiting cat and dog fur and to introduce penalties; designating the competent authorities and officials responsible; designating the methods of analysis and laboratories performing them in order to identify whether the fur comes from a domestic dog or cat in case of suspicion; drawing up procedures and training officials performing the controls; and disseminating information to business operators and the general public. Overall, the report concludes that the Regulation had a positive impact: it simplifies the work of business operators since it has replaced several national bans applied with different procedures. In addition, the ban has contributed to limiting the risk of European consumers being exposed to buying cat and dog fur or products containing such fur. Last updated: 11.02.2014


EUR-Lex - 22008A0715(02) - EN Important legal notice | 22008A0715(02) International Coffee Agreement 2007 Official Journal L 186 , 15/07/2008 P. 0013 - 0029 International Coffee Agreement 2007CONTENTSArticlePreambleCHAPTER I — OBJECTIVES1. ObjectivesCHAPTER II — DEFINITIONS2. DefinitionsCHAPTER III — GENERAL UNDERTAKINGS BY MEMBERS3. General undertakings by MembersCHAPTER IV — MEMBERSHIP4. Membership of the Organisation5. Group membershipCHAPTER V — THE INTERNATIONAL COFFEE ORGANISATION6. Seat and structure of the International Coffee Organisation7. Privileges and immunitiesCHAPTER VI — THE INTERNATIONAL COFFEE COUNCIL8. Composition of the International Coffee Council9. Powers and functions of the Council10. Chairman and Vice-Chairman of the Council11. Sessions of the Council12. Votes13. Voting procedure of the Council14. Decisions of the Council15. Cooperation with other organisations16. Cooperation with non-governmental organisationsCHAPTER VII — THE EXECUTIVE DIRECTOR AND THE STAFF17. The Executive Director and the staffCHAPTER VIII — FINANCE AND ADMINISTRATION18. Finance and Administration Committee19. Finance20. Determination of the Administrative Budget and assessment of contributions21. Payment of contributions22. Liabilities23. Audit and publication of accountsCHAPTER IX — PROMOTION AND MARKET DEVELOPMENT24. Removal of obstacles to trade and consumption25. Promotion and market development26. Measures related to processed coffee27. Mixtures and substitutesCHAPTER X — PROJECT ACTIVITIES OF THE ORGANISATION28. Development and funding of projectsCHAPTER XI — THE PRIVATE COFFEE SECTOR29. The Private Sector Consultative Board30. The World Coffee Conference31. The Consultative Forum on Coffee Sector FinanceCHAPTER XII — STATISTICAL INFORMATION, STUDIES AND SURVEYS32. Statistical information33. Certificates of Origin34. Studies, surveys and reportsCHAPTER XIII — GENERAL PROVISIONS35. Preparations for a new Agreement36. Sustainable coffee sector37. Standard of living and working conditionsCHAPTER XIV — CONSULTATIONS, DISPUTES AND COMPLAINTS38. Consultations39. Disputes and complaintsCHAPTER XV — FINAL PROVISIONS40. Signature and ratification, acceptance or approval41. Provisional application42. Entry into force43. Accession44. Reservations45. Voluntary withdrawal46. Exclusion47. Settlement of accounts with withdrawing or excluded Members48. Duration, extension and termination49. Amendment50. Supplementary and transitional provision51. Authentic texts of the AgreementANNEX Conversion factors for roasted, decaffeinated, liquid and soluble coffee as defined in the International Coffee Agreement 2001INTERNATIONAL COFFEE AGREEMENT 2007PREAMBLETHE 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; andNoting 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 IOBJECTIVESArticle 1ObjectivesThe 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; and13. 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 IIDEFINITIONSArticle 2DefinitionsFor 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 1000 kilogrammes or 2204,6 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 IIIGENERAL UNDERTAKINGS BY MEMBERSArticle 3General undertakings by Members1. 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 IVMEMBERSHIPArticle 4Membership of the Organisation1. 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 5Group membershipTwo 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 VTHE INTERNATIONAL COFFEE ORGANISATIONArticle 6Seat and structure of the International Coffee Organisation1. 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 7Privileges and immunities1. 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 VITHE INTERNATIONAL COFFEE COUNCILArticle 8Composition of the International Coffee Council1. 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 9Powers and functions of the Council1. 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 10Chairman and Vice-Chairman of the Council1. 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 11Sessions of the Council1. 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 12Votes1. The exporting Members shall together hold 1000 votes and the importing Members shall together hold 1000 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 13Voting procedure of the Council1. 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 14Decisions of the Council1. 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 15Cooperation with other organisations1. 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 16Cooperation with non-governmental organisationsIn 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 VIITHE EXECUTIVE DIRECTOR AND THE STAFFArticle 17The Executive Director and the staff1. 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 VIIIFINANCE AND ADMINISTRATIONArticle 18Finance and Administration CommitteeA 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 19Finance1. 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 20Determination of the Administrative Budget and assessment of contributions1. 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 21Payment of contributions1. 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 22Liabilities1. 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 23Audit and publication of accountsAs 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 IXPROMOTION AND MARKET DEVELOPMENTArticle 24Removal of obstacles to trade and consumption1. 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 25Promotion and market development1. 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 26Measures related to processed coffeeMembers 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 27Mixtures and substitutes1. 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 XPROJECT ACTIVITIES OF THE ORGANISATIONArticle 28Development and funding of projects1. 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 XITHE PRIVATE COFFEE SECTORArticle 29The Private Sector Consultative Board1. 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 30The World Coffee Conference1. 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 31The Consultative Forum on Coffee Sector Finance1. 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 XIISTATISTICAL INFORMATION, STUDIES AND SURVEYSArticle 32Statistical information1. 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 33Certificates of Origin1. 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 34Studies, surveys and reports1. 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 XIIIGENERAL PROVISIONSArticle 35Preparations for a new Agreement1. 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 36Sustainable coffee sectorMembers 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 37Standard of living and working conditionsMembers 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 XIVCONSULTATIONS, DISPUTES AND COMPLAINTSArticle 38ConsultationsEach 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 39Disputes and complaints1. 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 XVFINAL PROVISIONSArticle 40Signature and ratification, acceptance or approval1. 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 41Provisional applicationA 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 42Entry into force1. 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 43Accession1. 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 44ReservationsReservations may not be made with respect to any of the provisions of this Agreement.Article 45Voluntary withdrawalAny 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 46ExclusionIf 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 47Settlement of accounts with withdrawing or excluded Members1. 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 48Duration, extension and termination1. 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 49Amendment1. 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 50Supplementary and transitional provisionAll 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 51Authentic texts of the AgreementThe 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.--------------------------------------------------ANNEXCONVERSION FACTORS FOR ROASTED, DECAFFEINATED, LIQUID AND SOLUBLE COFFEE AS DEFINED IN THE INTERNATIONAL COFFEE AGREEMENT 2001Roasted coffeeTo find the equivalent of roasted coffee to green coffee, multiply the net weight of roasted coffee by 1,19.Decaffeinated coffeeTo 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 coffeeTo 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 coffeeTo find the equivalent of soluble coffee to green coffee, multiply the net weight of the soluble coffee by 2,6.--------------------------------------------------

Summary: The International Coffee Agreement 2007 The International Coffee Agreement 2007 SUMMARY OF: International Coffee Agreement 2007 Decision 2008/579/EC on the signing and conclusion on behalf of the European Community of the International Coffee Agreement 2007 WHAT IS THE AIM OF THE DECISION AND THE AGREEMENT? The agreement aims to encourage the sustainable development of the global coffee sector in economic, social and environmental terms. The decision adopts the agreement on behalf of the European Community (now the EU). KEY POINTS The EU is a member of the International Coffee Organization (ICO) as an international institution, along with 31 importing countries and 45 exporting countries. Signed by the 77 members of the ICO, the International Coffee Agreement 2007 aims to enhance and promote the sustainable development of the worldwide coffee sector through the following measures: promoting international cooperation on coffee matters; providing a forum for consultation among governments and with the private sector; encouraging signatories to develop a sustainable coffee sector in economic, social and environmental terms; seeking a balance between supply and demand and fair pricing for both consumers and producers; facilitating the expansion and transparency of international coffee trade and promoting the elimination of trade barriers; collecting, disseminating and publishing economic, technical and scientific information, statistics and studies on coffee-related issues; promoting the development of consumption and markets for all types of coffee, including in coffee-producing countries; developing and seeking finance for projects that benefit the world coffee economy; promoting coffee quality with a view to enhancing customer satisfaction and benefits to producers; supporting the development of food safety procedures in the sector; supporting the development of strategies to enhance the capacity of small-scale farmers to benefit from coffee production, which can contribute to reducing poverty; facilitating the availability of information on financial tools and services that can assist producers. In this context, the agreement states that its signatories must try to limit tariff-related and regulatory barriers to coffee consumption, such as preferential tariffs, quotas, government monopolies and subsidies. They must also give due consideration to the sustainable management of coffee resources, in accordance with the principles and objectives on sustainable development contained in Agenda 21 (a United Nations action plan in relation to sustainable development agreed at the 1992 Earth Summit, that was replaced by Agenda 2030 at the 2015 Sustainable Development Summit), and the improvement of the standard of living and working conditions of people working in the coffee sector. The agreement also requires exporting countries to implement the system of Certificates of Origin established by the International Chamber of Commerce (ICC) to facilitate the collection of statistics on the international coffee trade, and provide the ICC with any information it judges necessary relating to production, imports, exports, consumption and prices. Matters governed by the agreement fall within the exclusive competence of the EU under the common trade policy. FROM WHEN DO THE DECISION AND AGREEMENT APPLY? The decision has applied since 16 June 2008. The agreement entered into force on 2 February 2011. BACKGROUND The International Coffee Agreement 2007 is the seventh agreement of its kind to be signed since 1962 by members of the International Coffee Organization. A previous agreement was signed in 2001. The agreement remains in force for a period of 10 years unless it is extended or terminated before it expires. MAIN DOCUMENTS Council Decision 2008/579/EC of 16 June 2008 on the signing and conclusion on behalf of the European Community of the International Coffee Agreement 2007 (OJL 186,15.7.2008, p. 12)International Coffee Agreement 2007 (OJ L 186, 15.7.2008, pp. 13-29) last update 08.10.2018