LegalizeDecreto-Lei n.º 48595 — Aprova, para ratificação, a Convenção Relativa ao Comércio do Trigo, aberta à assinatura em Washington de 15 de Outubro…
Este é o ato tal como foi publicado. As alterações posteriores não estão incorporadas no texto: cada uma é um ato autónomo neste repositório e uma entrada no historial desta lei.
Aprova, para ratificação, a Convenção Relativa ao Comércio do Trigo, aberta à assinatura em Washington de 15 de Outubro a 30 de Novembro de 1967, e o preâmbulo do Arranjo Internacional sobre os Cereais de 1967, de que a Convenção faz parte
Usando da faculdade conferida pela 2.ª parte do n.º 2.º do artigo 109.º da Constituição, o Governo decreta e eu promulgo, para valer como lei, o seguinte:
Artigo único. É aprovada, para ratificação, a Convenção Relativa ao Comércio do Trigo, aberta assinatura em Washington de 15 de Outubro a 30 de Novembro de 1967, cujo texto em inglês e o do preâmbulo do Arranjo Internacional sobre os Cereais de 1967, de que a Convenção faz parte, bem como as respectivas traduções para português, vão anexas ao presente decreto-lei.
Publique-se e cumpra-se como nele se contém.
Paços do Governo da República, 26 de Setembro de 1968. - AMÉRICO DEUS RODRIGUES THOMAZ - António de Oliveira Salazar - António Jorge Martins da Mota Veiga - Manuel Gomes de Araújo - António Manuel Gonçalves Rapazote - Mário Júlio de Almeida Costa - João Augusto Dias Rosas - José Manuel Bettencourt Conceição Rodrigues - Manuel Pereira Crespo - Alberto Marciano Gorjão Franco Nogueira - José Albino Machado Vaz - Joaquim Moreira da Silva Cunha - José Hermano Saraiva - José Gonçalo da Cunha Sottomayor Correia de Oliveira - José Estêvão Abranches Couceiro do Canto Moniz - José João Gonçalves de Proença - Joaquim de Jesus Santos.
INTERNATIONAL GRAINS ARRANGEMENT 1967
PREAMBLE
The signatories to this Arrangement,
Considering that the International Wheat Agreement of 1949 was revised, renewed or extended in 1953, 1956, 1959, 1962, 1965, 1966 and 1967,
Considering that the substantive economic provisions of the international Wheat Agreement of 1962 expired on 31 July 1967, that the administrative provisions of the same Agreement expire on 31 July 1968 or on an earlier date to be decided by the International Wheat Council and that it is desirable to conclude an Arrangement for a new period,
Considering that the Governments of Argentina, Australia, Canada, Denmark, Finland, Japan, Norway, Sweden, Switzerland, the United Kingdom, the United States of America and the European Economic Community and its Member States agreed on 30 June 1967 to negotiate an Arrangement on Grains, on as wide a basis as possible, that would contain provisions on wheat trade and food aid, to work diligently for the early conclusion of the negotiation and upon completion of the negotiation to seek acceptance of the Arrangement in conformity with their constitutional and institutional procedures as rapidly as possible,
Considering that these Governments and the European Economic Community and its Member States, in accordance with these prior mutual commitments, shall sign both the Wheat Trade Convention and the Food Aid Convention and that other Governments should have the possibility of joining either one of the Conventions or of joining both Conventions,
Have agreed that this International Grains Arrangement 1967 shall consist of two legal instruments, on the one hand a Wheat Trade Convention, and on the other hand a Food Aid Convention, and that each of these two Conventions, or either of them as appropriate, shall be submitted for signature and ratification, acceptance or approval in conformity with their respective constitutional or institutional procedures, by the Governments concerned and the European Economic Community and its Member States.
WHEAT TRADE CONVENTION
PART I
General
ARTICLE 1
Objectives
The objectives of this Convention are:
To assure supplies of wheat and wheat flour to importing countries and markets for wheat and wheat flour to exporting countries at equitable and stable prices;
To promote the expansion of the international trade in wheat and wheat flour and to secure the freest possible flow of this trade in the interests of both exporting and importing countries, and thus contribute to the development of countries, the economies of which depend on commercial sales of wheat; and
In general to further international co-operation in connection with world wheat problems, recognizing the relationship of the trade in wheat to the economic stability of markets for other agricultural products.
ARTICLE 2
Definitions
1) For the purposes of this Convention:
«Balance of commitment» means the amount of wheat which an exporting country is obliged to make available at not greater than the maximum price under article 5, that is, the amount by which its datum quantity with respect to importing countries exceeds the actual commercial purchases from it by those countries in the crop year at the relevant time;
«Balance of entitlement» means the amount of wheat which an importing country is entitled to purchase at not greater than the maximum price under article 5, that is, the amount by which its datum quantity with respect to the exporting country or country concerned, as the context requires, exceeds its actual commercial purchases from those countries in the crop year at the relevant time;
«Bushel» means in the case of wheat sixty pounds avoirdupois or 27.2155 kilogrammes;
«Carrying charges» means the costs incurred for storage, interest and insurance in holding wheat;
«Certified seed wheat» means wheat which has been officially certified according to the custom of the country of origin an which conforms to recognized specification standards for seed wheat in that country;
«C. & F.» means cost and freight;
«Council» means the International Wheat Council established by the International Wheat Agreement, 1949 and continued in being by article 25;
«Country» includes the European Economic Community;
«Crop year» means the period from 1 July to 30 June;
«Datum quantity» means:
In the case of an exporting country the average annual commercial purchases from that country by importing countries as established under article 15;
ii) In the case of an importing country the average annual commercial purchases from exporting countries or from a particular exporting country, as the context requires, as established under article 15;
and includes, where applicable, any adjustment made under paragraph 1 of article 15;
«Denatured wheat» means wheat which has been denatured so as to render it unfit for human consumption;
«Executive Committee» means the Committee established under article 30;
«Exporting country» means, as the context requires, either:
The Government of a country listed in Annex A which has ratified, accepted, approved or acceded to this Convention and has not withdrawn therefrom; or
ii) That country itself and the territories in respect of which the rights and obligations of its Government under this Convention apply;
«F. A. Q.» means fair average quality;
«F. O. B.» means free on board;
«Grains» means wheat, rye, barley, oats, maize and sorghum;
«Importing country» means, as the context requires, either:
The Government of a country listed in Annex B which has ratified, accepted, approved or acceded to this Convention and has not withdrawn therefrom; or
ii) That country itself and the territories in respect of which the rights and obligations if its Government under this Convention apply;
«Marketing costs» means all usual charges incurred in marketing, chartering and forwarding;
«Maximum price» means the maximum prices specified in or determined under article 6 or 7 or one of those prices, as the context requires;
«Maximum price declaration» means a declaration made in accordance with article 9;
«Member country» means:
The Government of a country which has ratified, accepted, approved or acceded to this Convention and has not withdrawn therefrom; or
ii) That country itself and the territories in respect of which the rights and obligations of its Government under this Convention apply;
Metric ton or 1,000 kilogrammes», means in the case of wheat 36.74371 bushels;
«Minimum price» means the minimum prices specified in or determined under article 6 or 7 or one of those prices, as the context requires;
«Price range» means prices between the minimum and maximum prices specified in or determined under article 6 or 7 including the minimum prices but excluding the maximum prices;
«Prices Review Committee» means the Committee established under article 31;
z):
«Purchase» means a purchase for import of wheat exported or to be exported from an exporting country or from other than an exporting country, as the case may be, or the quantity of such wheat so purchased, as the context requires;
ii) «Sale» means a sale for export of wheat imported or to be imported by an importing country or by other than an importing country, as the case may be, or the quantity of such wheat so sold, as the context requires;
iii) Where reference is made in this Convention to a purchase or sale, it shall be understood to refer not only to purchases or sales concluded between the Governments concerned but also to purchases or sales concluded between private traders and to purchases or sales concluded between a private trader and the Governement concerned. In this definition «Government» shall be deemed to include the Government of any territory in respect of which the rights and obligations of any Government ratifying, accepting, approving or acceding to this Convention apply under article 42;
aa) «Subcommittee on Prices» means the Subcommittee established under article 31;
bb) «Territory» in relation to an exporting or importing country includes any territory in respect of which the rights and obligations under this Convention of the Government of that country apply under article 42;
cc) «Wheat» includes wheat grain of any description, class, type, grade or quality and, except in article 6 or where the context otherwise requires, wheat flour.
2) All calculations of the wheat equivalent of purchases of wheat flour shall be made on the basis of the rate of extraction indicated by the contract between the buyer and the seller. If no such rate is indicated, seventy-two units by weight of wheat flour shall, for the purpose of such calculations, be deemed to be equivalent to one hundred units by weight of wheat grain unless the Council decides otherwise.
ARTICLE 3
Commercial purchases and special transactions
1) A commercial purchase for the purposes of this Convention is a purchase as defined in article 2 which conforms to the usual commercial practices in international trade and which does not include those transactions referred to in paragraph 2 of this article.
2) A special transaction for the purposes of this Convention is one which, whether or not within the price range, includes features introduced by the Government of a country concerned which do not conform with usual commercial practices. Special transactions include the following:
Sales on credit in which, as a result of Government intervention, the interest rate, period of payment, or other related terms do not conform with the commercial rates, periods or terms prevailing in the world market;
Sales in which the funds for the purchase of wheat are obtained under a loan from the Government of the exporting country tied to the purchase of wheat;
Sales for currency of the importing country which is not transferable or convertible into currency or goods for use in the exporting country;
Sales under trade agreements with special payments arrangements which include clearing accounts for settling credit balances bilaterally through the exchange of goods, except where the exporting country and the importing country concerned agree that the sale shall be regarded as commercial;
Barter transactions:
Which result from the intervention of governments where wheat is exchanged at other than prevailing world prices, or
ii) Which involve sponsorship under a Government purchase programme, except where the purchase of wheat results from a barter transaction in which the country of final destination was not named in the original barter contract;
A gift of wheat or a purchase of wheat out of a monetary grant by the exporting country made for that specific purpose;
Any other categories of transactions that include features introduced by the Government of a country concerned which do not conform with usual commercial practices, as the Council may prescribe.
3) Any question raised by the Executive Secretary or by any exporting or importing country as to whether a transaction is a commercial purchase as defined in paragraph 1 of this article or a special transaction as defined in paragraph 2 of this article shall be decided by the Council.
PART II
Commercial
ARTICLE 4
Commercial purchases and supply commitments
1) Each member country when exporting wheat undertakes to do so at prices consistent with the price range.
2) Each member country importing wheat undertakes that the maximum possible share of its total commercial purchases of wheat in any crop year shall be purchased from member countries, except as provided in paragraph 4 below. This share shall be not less than a percentage established by the Council in agreement with the country concerned.
3) Exporting countries undertake, in association with one another, that wheat from their countries shall be made available for purchase by importing countries in any crop year at prices consistent with the price range in quantities sufficient to satisfy on a regular and continuous basis the commercial requirements of those countries subject to the other provisions of this Convention.
4) Under extraordinary circumstances a member country may be granted by the Council partial exemption from the commitment contained in paragraph 2 of this article upon submission of satisfactory supporting evidence to the Council.
5) Each member country when importing wheat from non-member countries undertakes to do so at prices consistent with the price range.
6) Prices shall be regarded as consistent with the price range when wheat is being made available or when sales and purchases are taking place:
At or above the maximum prices provided for in article 6 when such actions are not in conflict with the provisions of articles 5, 9 and 10, or
At prices consistent with the minimum prices provided for in article 6 or with the provisions concerning the role of minimum prices as set out in article 8.
ARTICLE 5
Purchases at the maximum price
1) If the Council makes a maximum price declaration in respect of an exporting country, that country shall make available for purchase by importing countries at not greater than the maximum price its balance of commitment towards those countries to the extent that the balance of entitlement of any importing country with respect to all exporting countries is not exceeded.
2) If the Council makes a maximum price declaration in respect of all exporting countries, each importing country shall be entitled, while the declaration is in effect,
To purchase from exporting countries at prices not greater than the maximum price its balance of entitlement with respect to all exporting countries; and
To purchase wheat from any source without being regarded as committing any breach of paragraph 2 of article 4.
3) If the Council makes a maximum price declaration in respect of one or more exporting countries, but not all of them, each importing country shall he entitled while the declaration is in effect,
To make purchases under paragraph 1 of this article from such one or more exporting countries and to purchase the balance of its commercial requirements within the price range from the other exporting countries, and
To purchase wheat from any source without being regarded as committing any breach of paragraph 2 of article 4 to the extent of its balance of entitlement with respect to such one or more exporting countries as at the effective date of the declaration, provided such balance is not larger than its balance of entitlement with respect to all exporting countries.
4) Purchases by any importing country from an exporting country in excess of the balance of entitlement of that importing country with respect to all exporting countries shall not reduce the obligation of that exporting country under this article. Any wheat purchased from an importing country by a second importing country which originated during that crop year from an exporting country shall be deemed to have been purchased from that exporting country by the second importing country provided the balance of entitlement of the second importing country with respect to all exporting countries is not thereby exceeded. Subject to the provisions of article 19, the preceding sentence shall apply to wheat flour only if the wheat flour originated from the exporting country concerned.
5) In determining whether it has fulfilled its required percentage under paragraph 2 of article 4, purchases made by any importing country while a maximum price declaration is in effect, subject to the limitations in paragraphs 2, b), and 3, b), of this article,
Shall he taken into account if those purchases were made from any member country, including an exporting country in respect of which the declaration was made, and
Shall be entirely disregarded if those purchases were made from a non-membre country.
6) Wheat made available in accordance with the provisions of this article shall so far as practicable be of types and qualities that would enable the trade in that crop year between the two countries to conform to the usual pattern. Arrangements to give effect to this should be agreed upon as necessary between the countries concerned.
ARTICLE 6
Prices of wheat
1) The Schedule of minimum and maximum prices, basis F. O. B. Gulf ports, is established for the duration of this Convention as follows:
([ver documento original](https://files.diariodarepublica.pt/1s/1968/09/22801/00000034.pdf))
2) The minimum prices and maximum prices for the specified Canadian and US wheats, F. O. B. Pacific northwest ports shall be 6 cents less than the prices in paragraph 1 of this article.
3) The minimum and maximum prices for Mexican wheat on sample or description F. O. B. Mexican Pacific ports or at the Mexican border, whichever is applicable, shall be US dollars 1.55 and 1.95 per bushel respectively.
4) The minimum prices under this article may be adjusted in accordance with the provisions of articles 8 and 31.
5) The minimum price and maximum price for F. A. Q. Australian wheat F. O. B. Australian ports shall be cents below the price equivalent to the C. and F. price in, United Kingdom ports of the minimum price and maximum price for US Hard Red Winter No. 2 (ordinary) wheat F. O. B. Gulf ports, specified in paragraph 1 of this article, computed by using currently prevailing transportation costs.
6) The minimum prices and maximum prices for Argentine wheat F. O. B. Argentine ports, for destinations bordering the Pacific and Indian Oceans shall be the prices equivalent to the C. and F. prices in Yokohama of the minimum prices and maximum prices for US Hard Red Winter No. 2 (ordinary) wheat F. O. B. Pacific northwest ports, specified in paragraph 2 of this article, computed by using currently prevailing transportation costs.
7) The minimum prices and maximum prices for
The specified US wheats, F. O. B. US Atlantic, Great Lakes and Canadian St. Lawrence ports,
The specified Canadian wheats, F. O. B. Fort William/Port Arthur, St. Lawrence ports, Atlantic ports and Port Churchill,
Argentine wheat, F. O. B. Argentine ports, for destinations other than those specified in paragraph 6 of this article,
shall be the prices equivalent to the C. and F. prices in Antwerp/Rotterdam of the minimum prices and maximum prices specified in paragraph 1 of this article computed by using currently prevailing transportation costs.
8) The minimum prices and maximum prices for the European Economic Community standard wheat shall be the prices equivalent to the C. and F. price in the country of destination, or the C. and F. price at an appropriate port for delivery to the country of destination, of the minimum prices and maximum prices for U.S Hard Red Winter No. 2 (ordinary) wheat F. O. B. United States, specified in paragraphs 1 and 2 of this article, computed by using currently prevailing transportation costs and by applying the price adjustments corresponding to the agreed quality differences set forth in the scale of equivalents.
9) The minimum prices and maximum prices for Swedish wheat shall be the prices equivalent to the C. and F. price in the country of destination, or the C. and F. price at an appropriate port for delivery to the country of destination, of the minimum prices and maximum prices for US Hard Red Winter No. 2 (ordinary) wheat F. O. B. United States, specified in paragraphs 1 and 2 of this article, computed by using currently prevailing transportation costs and by applying the price adjustments corresponding to the agreed quality differences set forth in the scale of equivalents.
10) The minimum prices and maximum prices for Greek wheat shall be the prices equivalent to the C. and F. price in the country of destination, or the C. and F. price at an appropriate port for delivery to the country of destination, of the minimum prices and maximum prices for US Hard Red Winter No. 2 (ordinary) wheat F.O. B. United States, specified in paragraphs 1 and 2 of this article, computed by using currently prevailing transportation costs and by applying the price adjustments corresponding to the agreed quality differences set forth in the scale of equivalents.
11) The minimum prices and maximum prices for Spanish wheat shall be the prices equivalent to the C. and F. price in the country of destination, or the C. and F. price at an appropriate port for delivery to the country of the destination of the minimum prices and maximum prices for US Hard Red Winter No. 2 (ordinary) wheat F. O. B. United States, specified in paragraphs 1 and 2 of this article, computed by using currently prevailing transportation costs and by applying the price adjustments corresponding to the agreed quality differences set forth in the scale of equivalents.
12) In relation to other wheats of countries referred to in paragraph 1 of this article, the ways of computing minimum and maximum prices set out in paragraph 2 or the equivalents thereof set out in paragraphs 5 to 11 of this article shall apply in the same way as they apply to the wheats referred to in those paragraphs.
13) The Prices Review Committee may in consultation with the Subcommittee on Prices:
Determine the equivalent minimum and maximum prices for wheats at points other than those referrer to in paragraphs 1, 2 and 3 paragraphs 5 to 11 of this article, and
Specify, basis F. O. B. United States Gulf ports, minimum and maximum prices for any description, class, type, grade or quality of wheat other than those specified in paragraphs 1 and 3 of this article, provided that the difference between the minimum and maximum prices so specified shall be 40 cents per bushel, and in the case of wheat of a country not mentioned in those paragraphs the Committee shall act in accordance with the preceding sub-paragraph if it has not already done so in respect of that wheat.
14) In the case of any wheat for which minimum and maximum prices have not been specified, the minimum and maximum prices for the time being, basis F. O. B. United States Gulf ports, shall be derived from the minimum and maximum prices of the description, class, type, grade or quality of wheat specified in paragraphs 1 and 8 or under paragraph 13, b), of this article, which is most closely comparable to such wheat by the addition of an appropriate premium or by the deduction of an appropriate discount. Such premiums or discounts may be fixed and adjusted as necessary by the Prices Review Committee. The Prices Review Committee shall act in accordance with this paragraph at any meeting called under paragraphs 1, 3 or 6 of article 9.
15) No minimum or maximum price, basis F. O. B. United States Gulf ports, specified under the provisions of paragraph 13, b), of this article, shall respectively be higher than the minimum or maximum price for Manitoba Northern No. 1 wheat specified in paragraph 1 of this article.
16) The equivalent minimum and maximum prices referred to in paragraphs 5 to 11 of this article shall be computed at regular intervals by the Secretariat of the Council with the assistance of the Subcommittee on Prices, having regard to the costs of ocean transportation which reflect the current method of movement generally employed and on the most comparable basis between the ports concerned.
17) For the purposes of comparing the price of any wheat quoted in other than United States currency with the minimum and maximum prices or the equivalents thereof computed in accordance with the provisions of this article, that price shall be converted into United States currency at the prevailing rate of exchange. Any dispute as to the conversion of prices shall be decided by the Prices Review Committee.
18) The minimum and maximum prices and the equivalents thereof shall exclude such carrying charges and marketing costs as may be agreed between the buyer and the seller, provided that carrying charges shall accrue for the buyer's account only after an agreed date specified in the contract under which the wheat is sold.
19) Durum wheat and certified seed wheat shall be excluded from the provisions relating to maximum prices and denatured wheat from the provisions relating to minimum prices.
20) Without prejudice to the operation of article 8 if any member country represents to the Prices Review Committee that any computation of an equivalent minimum or maximum price under the provisions of paragraphs 5 to 11 or paragraph 13 of this article is, in the ligth of current transportation costs, no longer fair, that Committee shall consider the matter and may in consultation with the Subcommittee on Prices mak such adjustments as it considers desirable.
21) All decisions of the Prices Review Committee under paragraphs 13, 14, 17 or 20 of this article shall be binding on all member countries, provided that any member country which considers any such decision is disadvantageous to it may ask the Council to review that decision.
22) Each country which has one or more wheats listed in this article shall provide to the Council each crop year a copy of the current official specifications, standards or descriptions for those wheats where they exist. Upon request by the Secretariat, countries which export wheat shall provide to the Council the current official specifications, standards or descriptions of wheats, where they exist, not listed in this article.
ARTICLE 7
Prices of wheat flour
1) Commercial purchases of wheat flour will be deemed to be at prices consistent with the prices for wheat specified in or determined under article 6, unless a statement to the contrary, with supporting information, is received by the Council from, any member country, in which case the Council shall, with the assistance of any countries concerned, consider the matter and decide whether the price is so consistent.
2) If one or more member countries deem that certain practices in the field of international trade have in certain cases distorted the consistency which must exist between the prices for flour and the prices for wheat, and consider that their interests have been seriously hurt by these practices, they may ask for consultations with the member country or member countries concerned.
3) The Council may in co-operation with member countries carry out studies of the prices of wheat flour in relation to the prices of wheat.
ARTICLE 8
Role of minimum prices
The purpose of the schedule of minimum prices is to contribute to market stability by making it possible to determine when the level of market prices for any wheat is at or approaching the minimum of the range. Since price relationships between types and qualities of wheat fluctuate with competitive circumstances, provision is made for review of and adjustment in minimum prices.
1) If the Secretariat of the Council in the course of its continuous review of market conditions is of the opinion that a situation has arisen, or threatens imminently to arise, which appears to jeopardize the objectives of this Convention with regard to the minimum price provisions, or if such a situation is called to the attention of the Secretariat of the Council by any member country, the Executive Secretary shall convene a meeting of the Prices Review Committee within two days and concurrently notify all member countries.
2) The Prices Review Committee shall review the price situation with the view to reaching agreement on action required by member participants to restore price stability and to maintain prices at or above minimum levels and shall notify the Executive Secretary when agreement has been reached and of the action taken to restore market stability.
3) If after three market days the Prices Review Committee is unable to reach agreement on the action to be taken to restore market stability, the Chairman of the Council shall convene meeting of the Council within two days to consider what further measures might be taken. If after not more than three days of review by the Council any member country is exporting or offering wheat below the minimum prices as determined by the Council, the Council shall decide whether provisions of this Convention shall be suspended and if so to what extent.
4) When any minimum price has been adjusted in accordance with the foregoing, such adjustments shall terminate when the Prices Review Committee or the Council find's that the conditions requiring the adjustments no longer prevail.
ARTICLE 9
Maximum price declarations
1) The Executive Secretary, who shall keep the prices of wheat under continual review, shall immediately convene a meeting of the Prices Review Committee if he is of the opinion, or the Subcommittee on Prices or any member country informs him that it is of the opinion that a situation has arisen in which an exporting country is making any wheat available for purchase by importing countries at a price near the maximum price. If the Prices Review Committee decides that such a situation has arisen, the Executive Secretary shall immediately inform all member countries.
2) As soon as any of its wheat is made available for purchase by importing countries at prices not less than the maximum price, an exporting country shall notify the Council to that effect. On receipt of such notification the Executive Secretary acting on behalf of the Council shall, except as otherwise provided in paragraph 6 of this article and paragraph 6 of article 16 make a declaration accordingly, referred to in this Convention as a maximum price declaration. The Executive Secretary shall communicate that maximum price declaration to all member countries as soon as possible after it has been made.
3) In making a notification under paragraph 2 of this article, the exporting country shall
If any of the wheats in respect of which the notification is made is not one for which a maximum price is specified in, or has been specified under the provisions of, article 6, state what it considers the maximum price for the time being, basis F. O. B. United States Gulf ports, for any such wheats to be, and
In the case of all wheats in respect of which the notification is made, state what it computes the maximum prices to be on the date of notification at the points from which those wheats are commonly exported,
and the Executive Secretary shall inform all other member countries accordingly. If any member country represents to the Executive Secretary that any of the prices referred to above are not the maximum prices of the wheats concerned, he shall immediately convene a meeting of the Prices Review Committee which shall decide the maximum prices in respect of which representations have been made in consultation with the Subcommittee on Prices.
4) As soon as all of its wheat which has been made available at not less than the maximum price, is again made available for purchase by importing countries at prices less than the maximum price, an exporting country shall notify the Council to that effect. Thereupon, the Executive Secretary, acting on behalf of the Council, shall terminate the maximum price declaration in respect of that country by making a further declaration accordingly. He shall communicate such further declaration to all exporting and importing countries as soon as possible after it has been made.
5) The Council shall in its rules of procedure, prescribe regulations to give effect to paragraphs 2 and 4 of this article, including regulations determining the effective date of any declaration made under this article.
6) If at any time in the opinion of the Executive Secretary an exporting country has failed to make a notification under paragraph 2 or 4 of this article, or has made an incorrect notification, he shall without prejudice in the latter case to the provisions of paragraph 2 or 4 immediately convene a meeting of the Subcommittee on Prices. If at any time in the opinion of the Executive Secretary an exporting country has made a notification under paragraph 2 but the facts relating thereto do not warrant a maximum price declaration, he shall not make such a declaration but shall refer the matter to the Subcommittee at a meeting immediately convened for this purpose. If the Subcommittee advises either under this paragraph or in accordance with article 31 that a declaration under paragraph 2 or 4 should be or should not be made or is incorrect, as the case may be, the Prices Review Committee may make or refrain from making a declaration accordingly, or cancel any declaration then in effect, whichever is appropriate without delay. The Executive Secretary shall communicate any such declaration or cancellation to all member countries as soon as possible.
7) Any declaration made under this article shall specify the crop year or crop years to which it relates, and this Convention shall apply accordingly.
8) If any exporting or importing country considers that a declaration under this article should be or should not have been made, as the case may be, it may refer the matter to the Council.
If the Council finds that the representations of the country concerned are well founded, it shall make or cancel a declaration accordingly.
9) Any declaration made under paragraphs 2, 4 or 6 of this article which is cancelled in accordance with this article shall be regarded as having full force and effect until the date of it's cancellation, and such cancellation shall not affect the validity of anything done under the declaration prior to its cancellation.
10) For the purpose of this article «wheat» excludes durum wheat and certified seed wheat.
ARTICLE 10
Status of European Economic Community
1) The European Economic Community which regularly and continuously engages in import and export operations on the international market is listed simultaneously in Annex A and in Annex B of this Convention as an exporting country and as an importing country with all the rights and obligations deriving, therefrom.
2) In regard however to the obligations of the European Economic Community as an exporting country in a situation of a maximum price declaration concerning the wheat of the European Economic Community, the European Economic Community shall make wheat available to importing countries which are members of this Convention at a price which shall not be greater than the maximum price. Moreover, it shall take all useful measures in conformity with the regulations resulting from its common agricultural policy to channel its quantities available for export in an equitable way to importing countries which are members of this Convention.
ARTICLE 11
Adjustment in case of short crop
1) Any exporting country which fears that it may be prevented by a short crop from carrying out its obligations under this Convention in respect of a particular crop year shall report the matter to the Council at the earliest possible date and apply to the Council to be relieved of a part or the whole of its obligations for that crop year. An application made to the Council pursuant to this paragraph shall be heard without delay.
2) The Council shall, in dealing with a request for relief under this article, review the exporting country's supply situation and the extent to which the exporting country has observed the principle that it should, to the maximum extent feasible, make wheat available for purchase to meet its obligations under this Convention.
3) The Council shall also, in dealing with a request for relief under this article, have regard to the importance of the exporting country's maintaining the principle stated in paragraph 2 of this article.
4) If the Council finds that the country's representations are well founded, it shall decide to what extent and on what conditions that country shall be relieved or its obligations for the crop year concerned. The Council shall inform the exporting country of its decision.
5) If the Council decides that the exporting country shall be relieved of the whole or part of its obligations under article 5 por the crop year concerned, the Council shall increase the commitments as represented by the datum quantities of the other exporting countries to the extent agreed by each of them. If such increases do not offset the relief granted under paragraph 4 of this article, it shall reduce by the amount necessary the entitlements, as represented by the datum quantities of the importing countries to the extent agreed by each of them.
6) If the relief granted under paragraph 4 of this article cannot be entirely offset by measures taken under paragraph 5, the Council shall reduce pro rata the entitlement as represented by the datum quantities of the importing countries, account being taken of any reductions under paragraph 5.
7) If the commitment as represented by the datum quantity of an exporting country is reduced under paragraph 4 of this article, the amount of such reduction shall be regarded for the purpose of establishing its datum quantity and that of all other exporting countries in subsequent crop years as having been purchased from that exporting country in the crop year concerned. In the light of the circumstances, the Council shall determine whether any adjustment shall be made, and if so in what manner, for the purpose of establishing the datum quantities of importing countries in such subsequent crop years as a result of the operation of this paragraph.
8) If the entitlement as represented by the datum quantity of an importing country is reduced under paragraph 5 or 6 of this article to offset the relief granted to an exporting country under paragraph 4, the amount of such reduction shall be regarded as having been purchased in the crop year concerned from that exporting country for the purposes of establishing the datum quantity of that importing country in subsequent crop years.
ARTICLE 12
Adjustment in case of necessity to safeguard balance of payments or monetary reserves
1) Any importing country which fears that it may be prevented by the necessity to safeguard its balance of payments or monetary reserves from carrying out its obligations under this Convention in respect of a particular crop year shall report the matter to the Council at the earliest possible date and apply to the Council to be relieved of a part or the whole of its obligations for that crop year. An application made to the Council pursuant to this paragraph shall be heard without delay.
2) If an application is made under paragraph 1 of this article, the Council shall seek and take into account, together with all facts which it considers relevant, the opinion of the International Monetary Fund, as far as the matter concerns a country which is a member of the Fund, on the existence and extent of the necessity referred to in paragraph 1.
3) The Council shall, in dealing with a request for relief under this article, have regard to the importance of the importing country's maintaining the principle that it should to the maximum extent feasible make purchases to meet its obligations under this Convention.
4) If the Council finds that the representations of the importing country concerned are well founded, it shall decide to what extent and on what conditions that country shall be relieved of its obligations for the crop year concerned. The Council shall inform the importing country of its decision.
ARTICLE 13
Adjustments and additional purchases in case of critical need
1) If a critical need has arisen or threatens to arise in its territory, an importing country may appeal to the Council for assistance in obtaining supplies of wheat. With a view to relieving the emergency created by the critical need, the Council shall give urgent consideration to the appeal and shall make appropriate recommendations to exporting and importing countries regarding the action to be taken by them.
2) In deciding what recommendation should be made in respect of an appeal by an importing country under the preceding paragraph, the Council shall have regard to its actual commercial purchases from member countries or to the extent of its obligations under article 4, as may appear appropriate in the circumstances.
3) No action taken by an exporting or importing country pursuant to a recommendation made under paragraph 1 of this article shall affect the datum quantity of any exporting or importing country in subsequent crop years.
ARTICLE 14
Other adjustments
1) An exporting country may transfer part of its balance of commitment to another exporting country, and an importing country may transfer part of its balance of entitlement to another importing country for a crop year, subject to approval by the Council.
2) Any importing country may at any time, by written notification to the Council, increase its percentage undertaking referred to in paragraph 2 of article 4 and such increase shall become effective from the date of receipt of the notification.
3) Any importing country which considers that its interests in respect of its percentage undertaking under paragraph 2 of article 4 are seriously prejudiced by the withdrawal from this Convention of any exporting country holding not less than 50 votes may, by written notification to the Council, apply for a reduction in its percentage undertaking. In such a case, the Council shall reduce that importing country's percentage undertaking by the proportion that its maximum annual commercial purchases during the years determined under article 15 with respect to the withdrawing country bears to its datum quantity with respect to all countries listed in Annex A and shall then further reduce such revised percentage undertaking by subtracting two and one half.
4) The datum quantity of any country acceding under paragraph 2 of article 38 shall be offset, if necessary, by appropriate adjustments by way of increase or decrease in the datum quantities of one or more exporting or importing countries, as the case may be. Such adjustments shall not be approved unless each exporting or importing country whose datum quantity is thereby changed has consented.
5) The Council may at the request of any country delete that country from either Annex to this Convention and transfer it to the other.
ARTICLE 15
Establishment of datum quantities
1) Datum quantities as defined in article 2 shall be established for each crop year on the basis of average annual commercial purchases during the first four of the immediately preceding five crop years. In the case of steadily expandig markets where, taking the same period, the average annual commercial purchases are in excess of the average datum quantity figures calculated above method, the datum quantities shall be adjusted by the addition of the difference of the two averages. For the purpose of this paragraph a steadily expanding market is a market in which the commercial imports were higher than the datum quantity figures calculated under the first sentence of this paragraph in at least three out of the four years used in such calculation and the percentage undertaking of such a country is not less than eighty per cent.
2) Before the beginning of each crop year, the Council shall establish for that crop year the datum quantity of each exporting country with respect to all importing countries and the datum quantity of each importing country with respect to all exporting countries and to each such country, except that in calculating datum quantities exports by or imports from the European Economic Community shall be disregarded.
3) The datum quantities established in accordance with the preceding paragraph shall be re-established whenever a change in the membership of this Convention occurs, regard being had where appropriate to any conditions of accession prescribed by the Council under article 38.
ARTICLE 16
Recording and reporting
1) The Council shall keep separate records for each crop year
For the purposes of the operation of this Convention and in particular of articles 4 and 5, of all commercial purchases by member countries from other member and non-member countries and of all imports by member countries from other member and non-member countries on terms which render them special transactions, and
Of all commercial sales by member countries to non-member countries and of all exports by member countries to non-member countries on terms which render them special transactions.
2) The records referred to in the preceding paragraph shall be kept so that
Records of special transactions are separate from records of commercial transactions and
At all times during a crop year a statement of the balance of commitment of each exporting country with respect to all importing countries and of the balance of entitlement of each importing country with respect to all exporting countries and to each such country is maintained. Statements of such balances shall, at intervals prescribed by the Council, be circulated to all exporting and importing countries.
3) In order to facilitate the operation of the Prices Review Committee under article 31 the Council shall keep records of international market prices for wheat and wheat flour and of transportation costs.
4) In the case of any wheat which reaches the country of final destination after re-sale in, passage through, or transshipment from the ports of, a country other than that in which the wheat originated, member countries shall to the maximum extent possible make available such information as will enable the purchase or transaction to be entered in the records referred to in paragraphs 1 and 2 of this article as a purchase or transaction between and the country of final destination. the case of a re-sale, the provision of this paragraph shall only apply if the wheat originated in the country of origin during the same crop year.
5) For the purposes of paragraph 2 of this article and of paragraph 2 of article 4, commercial purchases by a member country from another member country entered in the Council's records shall also be entered as against the obligations of each of the two member countries under articles 4 and 5 respectively, or those obligations as adjusted under other articles of this Convention, provided that the loading period falls within the crop year and, in relation to obligations under article 5, that the purchases are by an importing country from an exporting country at prices not in excess of the maximum price. Commercial purchases of wheat flour entered in the Council's records shall also be entered as against the obligations of member countries under the same conditions.
6) Where a customs union, or a special association status with a customs union, exists between any member country and one or more other countries which permits or obliges wheat to be purchased at prices above the maximum price, any such purchases shall not be regarded as a breach of articles 4 or 5, and shall be entered against the obligations, if any, of the member country or countries concerned. No maximum price declaration shall be made in respect of such purchases from an exporting country, nor shall they in any way affect the obligations of the exporting country concerned to other importing countries under article 4.
7) In the case of durum wheat and certified seed wheat, a purchase entered in the Council's records shall also be entered as against the obligations of member countries under the same conditions whether or not the price is above the maximum price.
8) Provided that the conditions prescribed in paragraph 5 of this article are satisfied, the Council may authorize purchases to be recorded for a crop year if
The loading period involved is within a reasonable time up to one month, to be decided by the Council before the beginning or after the end of that crop year, and
The two member countries concerned so agree.
9) For the purpose of this article
Member countries shall send to the Executive Secretary such information concerning the quantities of wheat involved in commercial sales and purchases and special transactions as within its competence the Council may require, including,
In relation to special transactions, such detail of the transactions as will enable them to be classified in accordance with article 3;
ii) In respect of wheat, such information as may be available as to the type, class, grade and quality, and the quantities relating thereto;
iii) In respect of flour, such information as may be available to identify the quality of the flour and the quantities relating to each separate quality;
Member countries when exporting on a regular basis, and such other member countries as the Council shall decide, shall send to the Executive Secretary such information relating to prices of commercial and, where available, special transactions in such descriptions, classes, types, grades and qualities of wheat and wheat flour as the Council may require.
The Council shall obtain regular information on currently prevailing transportation costs and member countries shall to the extent practicable report such supplementary information as the Council may require.
10) The Council shall make rules of procedure for the reports and records referred to in this article. Those rules shall prescribe the frequency and the manner in which those reports shall be made and shall prescribe the duties of member countries with regard thereto. The Council shall also make provision for the amendment of any records or statements kept by it, including provision for the settlement of any dispute arising in connexion therewith.
If any member country repeatedly and unreasonably fails to make reports as required by this article, the Executive Committee shall arrange consultations with that country to remedy the situation.
ARTICLE 17
Estimates of requirements and availability of wheat
1) By 1 October in the case of Northern Hemisphere countries and 1 February in the case of Southern Hemisphere countries, each importing country shall notify the Council of its estimate of its commercial requirements of wheat from exporting countries in that crop year. Any importing country may thereafter notify the Council of any changes it may desire to make in its estimate.
2) By 1 October in the case of Northern Hemisphere countries and 1 February in the case of Southern Hemisphere countries, each exporting country shall notify the Council of its estimate of the wheat it will have available for export in that crop year. Any exporting country may thereafter notify the Council of any changes it may desire to make in its estimate.
3) All estimates notified to the Council shall be used for the purpose of the administration of this Convention and may only be made available to exporting and importing countries on such conditions as the Council may prescrible. Estimates submitted in accordance with this article shall in no way be binding.
4) Exporting and importing countries shall be free to fulfill their obligations under this Convention through private trade channels or otherwise. Nothing in this Convention shall be construed to exempt any private trader from any laws or regulations to which he is otherwise subject.
5) The Council may, at its discretion, require exporting and importing countries to co-operate together to ensure that an amount of wheat equal to not less than ten per cent of the datum quantities of exporting countries for any crop year shall be available for purchase by importing countries under this Convention after 31 January of that crop year.
ARTICLE 18
Consultations
1) In order to assist an exporting country in assessing the extent of its commitments if a maximum price declaration should be made and without prejudice to the rights enjoyed by any importing country, an exporting country may consult with an importing country regarding the extent to which the rights of that importing country under articles 4 and 5 will be taken up in any crop year.
2) Any exporting or importing country experiencing difficulty in making sales or purchases of wheat under article 4 may refer the matter to the Council. In such a case the Council, with a view to the satisfactory settlement of the matter, shall consult with any exporting or importing country concerned and may make such recommendations as it considers appropriate.
3) If an importing country should find difficulty in obtaining its balance of entitlement in a crop year at prices not greater than the maximum price while a maximum price declaration is in effect, it may refer the matter to the Council. In such a case the Council shall investigate the situation and shall consult with exporting countries regarding the manner in which their obligations shall be carried out.
ARTICLE 19
Performance under articles 4 and 5
1) The Council shall as soon as praticable after the end of each crop year review the performance of exporting and importing countries in relation to their obligations under articles 4 and 5 during that crop year.
2) For the purpose of this review each member country may be permitted in the fulfilment of its obligations a degree of tolerance to be prescribed by the Council for that country on the basis of the extent of those obligations and other relevant factors.
3) In considering the performance of any importing country in relation to its obligations in the crop year:
The Council shall disregard any exceptional importation of wheat from non-member countries provided that it can be shown to the satisfaction of the Council that such wheat has been or will be used only as feed and that such importation was not at the expense of quantities normally purchased by that importing country from member countries;
The Council shall disregard any importation of denatured wheat from non-member countries.
ARTICLE 20
Defaults under article 4 or 5
1) If, on the basis of the review made under article 19, any country appears to be in default of its obligations under article 4 or 5, the Council shall decide what action should be taken.
2) Before reaching a decision under this article, the Council shall give any exporting or importing country concerned the opportunity to present any facts which it considers relevant.
3) If the Council finds that an exporting country or an importing country is in default under article 4 or 5, it may deprive the country concerned of its voting rights for such period as the Council may determine, reduce the other rights of that country to the extent which it considers commensurate with the default, or expel that country from participation in this Convention.
4) No action taken by the Council under this article shall in any way reduce the obligation of the country concerned in respect of its financial contributions to the Council unless that country is expelled from participation in this Convention.
ARTICLE 21
Action in cases of serious prejudice
1) Any exporting or importing country which considers that its interests as a party to this Convention have been seriously prejudiced by actions of any one or more exporting or importing countries affecting the operation of this Convention may bring the matter before the Council. In such a case, the Council shall immediately consult with the countries concerned in order to resolve the matter.
2) If the matter is not resolved through such consultations, the Council may refer the matter to the Executive Committee or the Prices Review Committee for urgent investigation and report. On receipt of any such report, the Council shall consider the matter further and may make recommendations to the countries concerned.
3) If, after action has or has not been taken, as the case may be, under paragraph 2 of this article, the country concerned is not satisfied that the matter has been satisfactorily dealt with, it may apply to the Council for relief. The Council may, if it deems appropriate, relieve that country of part of its obligations for the crop year in question. Two-thirds of the votes cast by the exporting countries and two-thirds of the votes cast by the importing countries shall be required for a decision granting relief.
4) If no relief is granted by the Council under paragraph 3 of this article and the country concerned still considers that its interests as a party to this Convention have suffered serious prejudice, it may withdraw from this Convention at the end of the crop year by giving written notice to the Government of the United States of America. If the matter was brought before the Council in one crop year and the Council's consideration of the application for relief was concluded in the subsequent crop year the withdrawal of the country concerned may be effected within thirty days of such conclusion by giving similar notice.
ARTICLE 22
Disputes and complaints
1) Any dispute concerning the interpretation or application of this Convention other than a dispute under articles 19 and 20 wich is not settled by negotiation shall, at the request of any country party to the dispute, be referred to the Council for decision.
2) In any case where a dispute has been referred to the Council under paragraph 1 of this article, a majority of countries, or any countries holding not less than onethird of the total votes, may require the Council, after full discussion, to seek the opinion of the advisory panel referred to in paragraph 3 on the issues in dispute before giving its decision.
3):
Unless the Council unanimously agrees otherwise, the panel shall consist of:
1) Two persons, one having wide experience in matters of the kind in dispute and the other having legal standing and experience, nominated by the exporting countries;
ii) Two such persons nominated by the importing countries; and
iii) A chairman selected unanimously by the four persons nominated under i) and ii) or, if they fail to agree, by the Chairman of the Council.
Persons from countries whose Governments are parties to this Convention shall be eligible to serve on the advisory panel. Persons appointed to the advisory panel shall act in their personal capacities and without instructions from any Government.
The expenses of the advisory panel shall be paid by the Council.
4) The opinion of the advisory panel and the reasons therefore shall be submitted to the Council which, after considering all the relevant information, shall decide the dispute.
5) Any complaint that any exporting or importing country has failed to fulfill its obligations under this Convention shall, at the request of the country making the complaint, be referred to the Council, which shall make a decision on the matter.
6) Any finding that an exporting or importing country is in breach of this Convention shall specify the nature of the breach and if the breach involves default by that country in its obligations under article 4 or 5, the extent of such default.
7) Subject to the provisions of article 20, if the Council finds that an exporting country or an importing country has committed a breach of this Convention it may deprive the country concerned of its voting rights until it fulfills its obligations or expel that country from participation in this Convention.
ARTICLE 23
Annual review of the world grains situation
1):
In the furtherance of the objectives of this Convention as set forth in article 1, the Council shall annually review the world grains situation and shall inform member countries of the effects upon the international trade in grains of the facts which emerge from the review, in order that these effects be kept in mind by these countries in determining and administering their internal agricultural and price policies.
The review shall be carried out in the light of information obtainable in relation to national production, stocks, consumption, prices and trade, including both commercial and special transaction, of grains.
Each member country may submit to the Council information which is relevant to the annual review of the world grains situation and is not already available to the Council either directly or through the Food and Agriculture Organization of the United Nations.
2) In carrying out the annual review, the Council shall consider the means through which the consumption of grains may be increased, and may undertake, in co-operation with member countries, studies of such matters as:
Factors affecting the consumption of grains in various countries; and
Means of achieving increased consumption, particularly in countries where the possibility of increased consumption is found to exist.
3) For the purposes of this article, the Council shall pay due regard to work done by the Food and Agriculture Organization of the United Nations and other intergovernmental organizations, in order in particular to avoid duplication of work, and may, without prejudice to the generality of paragraph 1 of article 35, make such arrangements regarding co-operation in any of its activities as it considers desirable with such intergovernmental organizations and also with any Governments of Members of the United Nations or the specialized agencies not parties to this Convention which have a substancial interest in the international trade in grains.
4) Nothing in this article shall prejudice the complete liberty of action of any member country in the determination and administration of its internal agricultural and price policies.
ARTICLE 24
Guidelines relating to concessional transactions
1) Member countries undertake to conduct any concessional transactions in grains in such a way as to avoid harmful interference with normal patterns of production and international commercial trade.
2) To this end member countries shall undertake appropriate measures to ensure that concessional transactions are additional to commercial sales which could reasonably be anticipated in the absence of such transactions. Such measures shall be consistent with the Principles of Surplus Disposal and Guiding Lines recommended by the Food and Agriculture Organization of the United Nations and may provide that a specified level of commercial imports of wheat, agreed with the recipient country, be maintained an a global basis by that country. In establishing or adjusting this level full regard shall be had to the commercial import levels in a representatives period and to the economic circumstances of the recipient country, including in particular, its balance of payments situation.
3) Member countries when engaging in concessional export transactions shall consult with exporting member countries whose commercial sales might be affected by such transactions, to the maximum possible extent before such arrangements are concluded with recipient countries.
4) The Executive Committee shall furnish an annual report to the Council on developments in concessional transactions in wheat.
PART III
Administration
ARTICLE 25
Constitution of the Council
1) The International Wheat Council, established by the International Wheat Agreement 1949, shall continue in being for the purpose of administering this Convention, with the membership, powers and functions provided in this Convention.
2) Each member country shall be a voting member of the Council and may be represented at its meeting by one delegate, alternates, and advisers.
3) Such intergovernmental organizations as the Council may decide to invite to any of its meetings may each have one nonvoting representative in attendance at those meetings.
4) The Council shall elect a chairman and vice-chairman who shall hold office for one crop year. The chairman shall have no vote and the vice-chairman shall have no vote while acting as chairman.
ARTICLE 26
Powers and functions of the Council
1) The Council shall establish its rules of procedure.
2) The Council shall keep such records as are required by the terms of this Convention and may keep such other records as it considers desirable.
3) The Council shall publish an annual report and may also publish any other information (including, in particular, its annual review or any part or summary thereof) concerning matters within the scope of this Convention.
4) In addition to the powers and functions specified in this Convention the Council shall have such other powers and perform such other functions as are necessary to carry out the terms of this Convention.
5) The Council may, by two-thirds of the votes cast by the exporting countries and two-thirds of the votes cast by the importing countries, delegate the exercise of any of its powers or functions. The Council may at any time revoke such delegation by a majority of the votes cast. Subject to the provisions of article 9, any decision made under any powers or functions delegated by the Council in accordance with this paragraph shall be subject to review by the Council at the request of any exporting or importing country made within a period which the Council shall prescribe. Any decision, in respect of which no request for review has been made within the prescribe. Any decision, in respect of which no request for review has been made within the prescribed period, shall be binding on all member countries.
6) In order to enable the Council to discharge its functions under this Convention, member countries undertake to make available and supply such statistics and information as are necessary for this purpose.
ARTICLE 27
Votes
1) The exporting countries shall together hold 1000 votes and the importing countries shall together hold 1000 votes.
2) At the beginning of the first session of the Council held under this Convention, the exporting countries which have by that date deposited instruments of ratification, acceptance, approval or accession or declarations of provisional application shall divide the votes of the exporting countries among them as they shall decide and the importing countries fulfilling the same condition shall similarly divide their votes.
3) Any exporting country may authorize any other exporting country, and any importing country may authorize any other importing country, to represent its interests and to exercise its votes at any meeting or meetings of the Council. Satisfactory evidence of such authorization shall be submitted to the Council.
4) If at any meeting of the Council an importing country or an exporting country is not represented by an accredited delegate and has not authorized another country to exercise its votes in accordance with paragraph 3 of this article, and if at the date of any meeting any country has forfeited, has been deprived of, or has recovered its votes under any provisions of this Convention, the total votes to be exercised by the exporting countries shall be adjusted to a figure equal to the total of votes to be exercised at that meeting by the importing countries and redistributed among exporting countries in proportion to their votes.
5) Whenever any country becomes or ceases to be a party to this Convention subsequent to the date of the Council session referred to in paragraph 2 of this article, the Council shall redistribute the votes of the other exporting or importing countries, as the case may be, proportionally to the number of votes held by each such country or, with respect to exporting countries, as otherwise agreed.
6) No member country shall have less than one vote and there shall be no fractional votes.
ARTICLE 28
Seat, sessions and quorum
1) The seat of the Council shall be London unless the Council decides otherwise.
2) The Council shall meet at least once during each half of each crop year and at such other times as the chairman may decide, or as otherwise required by this Convention.
3) The chairman shall convene a Session of the Council if so requested by a) five countries or b) one or more countries holding a total of not less than ten per cent of the total votes or c) the Executive Committee.
4) The presence of delegates with a majority of the votes held by the exporting countries and a majority of the votes held by the importing countries prior to any adjustment of votes under article 27 shall be necessary to constitute a quorum at any meeting of the Council.
ARTICLE 29
Decisions
1) Except where otherwise specified in this Convention, decisions of the Council shall be by a majority of the votes cast by the exporting countries and a majority of the votes cast by the importing countries, counted separately.
2) Each member country undertakes to accept as binding all decisions of the Council under the provisions of this Convention.
ARTICLE 30
Executive Committee
1) The Council shall establish an Executive Committee.
The members of the Executive Committee shall be not more than four exporting countries elected annually by the exporting countries and not more than eight importing countries elected annually by the importing countries:
The Council shall appoint the chairman of the Executive Committee and may appoint a vice-chairman.
2) The Executive Committee shall be responsible to and work under the general direction of the Council. It shall have such powers and functions as are expressly assigned to it under this Convention and such other powers and functions as the Council may delegate to it under paragraph 5 of article 26.
3) The exporting countries on the Executive Committee shall have the same total number of votes as the importing countries. The votes of the exporting countries on the Executive Committee shall be divided among them as they shall decide, provided that no such exporting country shall have more than forty per cent of the total votes of those exporting countries. The votes of the importing countries on the Executive Committee shall be divided among them as they shall decide, provided that no such importing country shall have more than forty per cent of the total votes of those importing countries.
4) The Council shall prescribe rules of procedure regarding voting in the Executive Committee and may make such other provision regarding rules of procedure in the Executive Committee as it thinks fit. A decision of the Executive Committee shall require the same majority of votes as this Convention prescribes for the Council when making a decision on a similar matter.
5) Any exporting or importing country which is not a member of the Executive Committee may participate, without voting, in the discussion of any question before the Executive Committee whenever the latter considers that the interests of that country are affected.
ARTICLE 31
Prices Review Committee
1) The Council shall establish a Prices Review Committee consisting of a maximum of 13 members. The members of the Committee shall include the European Economic Comunity and at least five other importing countries and five other exporting countries chosen annually by the importing and exporting countries respectively. Any additional importing and exporting countries shall be similarly chosen. The Council shall appoint the chairman of the Committee and may appoint a vice-chairman.
2) Any member country which is not a member of the Committee may participate in the discussion of any question before the Committee whenever the latter considers that the interests of that country are directly affected.
3) The Prices Review Committee shall have such powers and functions as are expressly assigned to it under this Convention and such other powers and functions as the Council may delegate to it under paragraph 5 of article 26.
4) The Committee shall reach its conclusions by agreement. Agreement on a matter under discussion by the Committee shall be understood to have been reached if the conclusion is not disputed by any member of the Committee having a direct interest in the matter. A conclusion shall be regarded as disputed if the country challenging the conclusion declares its intention, to refer the matter to the Council.
5) The Committee's conclusions shall be communicated to all member countries.
6) If the Committee fails to reach agreement, a meeting of the Council shall be convened. All decisions of the Council on issues arising out of the Prices Review Committee shall be by a two-thirds majority of the votes cast by the exporting countries and a two-thirds majority of the votes cast by the importing countries, counted separately.
7) The Prices Review Committee shall establish a Subcommittee on Prices, which shall consist of representatives of not more than four exporting countries and not more than four importing countries. Member countries shall have particular regard to the technical qualifications of representatives nominated by them. The chairman of the Subcommittee shall be appointed by the Council.
8) The Subcommittee on Prices shall assist the Secretariat in keeping market prices for wheat under continuous review and in computing minimum and maximum prices as provided for under this Convention. The Subcommittee shall give technical advice to the Prices Review Committee and the Council in accordance with the relevant articles of this Convention, and on such other matters as that Committee or the Council may refer to it. The Subcommittee shall in particular immediately inform the Executive Secretary whenever in its opinion an exporting country is making any wheat available for purchase by importing countries at a price near the maximum price. The Subcommittee shall, in the exercise of its functions under this paragraph, take into account any representations made by any member country.
ARTICLE 32
The Secretariat
1) The Council shall have a Secretariat consisting of an Executive Secretary, who shall be its chief administrative officer, and such staff as may be required for the work of the Council and its Committees.
2) The Council shall appoint the Executive Secretary who shall be responsible for the perfomance of the duties devolving upon the Secretariat in the administration of this Convention and for the performance of such other duties as are assigned to him by the Council and its Committees.
3) The staff shall be appointed by the Executive Secretary in accordance with regulations established by the Council.
4) It shall be a condition of employment of the Executive Secretary and of the staff that they do not hold or shall cease to hold financial interest in the trade in wheat and that they shall not seek or receive instructions regarding their duties under this Convention from any Government or from any other authority external to the Council.
ARTICLE 33
Privileges and Immunities
1) The Council shall have in the territory of each member country, to the extent consistent with its laws, such legal capacity as may be necessary for the exercise of its functions under this Convention.
2) The Government of the territory in which the seat of the Council is situated (hereinafter referred to as «the host Government») shall conclude with the Council an international agreement relating to the status, privileges and immunities of the Council, its Executive Secretary and its staff and of representatives of member countries at meetings convened by the Council.
3) The agreement envisaged in paragraph 2 of this article shall be independent of the present Convention. It shall however terminate:
By agreement between the host Government and the Council, or
In the event of the seat of the Council being moved from the territory of the host Government, or
In the event of the Council ceasing to exist.
4) Pending the entry into force of the agreement envisaged in paragraph 2 of this article, the host Government shall grant exemption from taxation on the assets, income and other property of the Council and on remuneration paid by the Council to its employees other than nationals of the member country in whose territory the seat of the Council is situated.
ARTICLE 34
Finance
1) The expenses of delegations to the Council and of representatives on its Committees and Subcommittees shall be met by their respective Governments. The other expenses necessary for the administration of this Convention shall be met by annual contributions from the exporting and importing countries. The contribution of each such country for each crop year shall be in the proportion which the number of its votes bears to the total of the votes of the exporting and importing countries at the beginning of that crop year.
2) At its first Session after this Convention comes into force, the Council shall approve its budget for the period ending 30 June 1969 and assess the contribution to be paid by each exporting and importing country.
3) The Council shall, at a Session during the second half of each crop year, approve its budget for the following crop year and assess the contribution to be paid by each exporting and importing country for that crop year.
4) The initial contribution of any exporting or importing country acceding to this Convention under paragraph 2 of article 38 shall be assessed by the Council on the basis of the votes to be distributed to it and the period remaining in the current crop year, but the assessments made upon other exporting and importing countries for the current crop year shall not be altered.
5) Contributions shall be payable immediately upon assessment. Any exporting or importing country failing to pay its contribution within one year of its assessment shall forfeit its voting rights until its contribution is paid, but shall not be relieved of its obligations under this Convention, nor shall it be deprived of any of its rights under this Convention unless the Council so decides.
6) The Council shall, each crop year, publish an audited statement of its receipts and expenditures in the previous crop year.
7) The Council shall, prior to its dissolution, provide for the settlement of its liabilities and the disposal of its records and assets.
ARTICLE 35
Co-operation with other intergovernmental organizations
1) The Council may make whatever arrangements are desirable for consultation and co-operation with the appropriate organs of the United Nations and its specialized agencies and with other intergovernmental organizations.
2) If the Council finds that any terms of this Convention are materially inconsistent with such requirements as may be laid down by the United Nations or through its appropriate organs and specialized agencies regarding intergovernmental commodity agreements, the inconsistency shall be deemed to be a circumstance affecting adversely the operation of this Convention and the procedure prescribed in paragraphs 3, 4 and 5 of article 41 shall be applied.
PART IV
Final provisions
ARTICLE 36
Signature
This Convention shall be open for signature in Washington from 15 October 1967 until and including 30 November 1967:
By the Governments of Argentina, Australia, Canada, Denmark, Finland, Japan, Norway, Sweden, Switzerland, the United Kingdom, the United States and by the European Economic Community and its Member States provided they sign both this Convention and the Food Aid Convention, and
By other Governments listed in Annexes A and B if they so wish.
ARTICLE 37
Ratification, acceptance or approval
This Convention shall be subject to ratification, acceptance or approval by each signatory in accordance with its respective constitutional or institutional procedures, provided that any Government required to sign the Food Aid Convention as a condition to signature of this Convention also ratifies, accepts or approves the Food Aid Convention. Instruments of ratification, acceptance or approval shall be deposited with the Government of the United States of America not later than 17 June 1968 except that the Council may grant one or more extensions of time to any signatory that has not deposited its instrument of ratification, acceptance or approval by that date.
ARTICLE 38
Accession
1) This Convention shall be open for accession:
By the European Economic Community and its Member States or by any other Government listed in article 36, a), provided the Government also accedes to the Food Aid Convention, and
By Other Governments listed in Annexes A and B.
Instruments of accession under this paragraph shall be deposited not later than 17 June 1968 except that the Council may grant one or more extensions of time to any Government that has not deposited its instrument of accession by that date.
2) The Council may by two-thirds of the votes cast by exporting countries and by two-thirds of the votes cast by importing countries approve accession to this Convention by the Government of any Member of the United Nations or its specialized agencies on such conditions as the Council considers appropriate.
3) If any Government not listed in Annex A or B wishes to apply for accession to this Convention prior to its entry into force, and the Council chooses to receive and act on such application in accordance with the provisions of this article, the approval and conditions established by the Council shall be as valid under this Convention as if that action had been taken by the Council under this Convention after its entry into force.
4) Accession shall be effected by deposit of an instrument of accession with the Government of the United States of America.
5) Where, for the purposes of the operation of this Convention, reference is made to countries listed in Annexes A or B, any country the Government of which has acceded to this Convention on conditions prescribed by the Council in, accordance with this article, shall be deemed to be listed in the appropriate Annex.
ARTICLE 39
Provisional application
The European Economic Community and its Member States and any other Government listed in article 36, a), may deposit with the Government of the United States of America a declaration of provisional application of this Convention provided it also deposits a declaration of provisional application of the Food Aid Convention. Any other Government eligible to sign this Convention or whose application for accession is approved by the Council may also deposit with the Government of the United States of America a declaration of provisional application. Any Government depositing such a declaration shall provisionally apply this Convention and be provisionally regarded as a party thereto provided that any Government listed in article 86, a), shall only be regarded as a provisional party to this Convention as long as it provisionally applies the Food Aid Convention.
ARTICLE 40
Entry into force
1) This Convention shall enter into force among those Governments that have deposited instruments of ratification, acceptance, approval or accession as follows:
On 18 June 1968 with respect to all provisions other than articles 4 to 10, and
On 1 July 1968 with respect to articles 4 to 10 provided that the European Economic Community and its Member States and all other Governments listed in article 36, a), have deposited such instruments or a declaration of provisional application by 17 June 1968 and that the Food Aid Convention will enter into force on 1 July 1968.
2) This Convention shall enter into force for any Government that deposits an instrument of ratification, acceptance, approval or accession after 17 June 1968 on the date of such deposit except that no part of it shall enter into force for such a Government until that part enters into force for other Governments under paragraph 1 or 3 of this article.
3) If this Convention does not enter into force in accordance with paragraph 1 of this article the Governments which have deposited instruments of ratification, acceptance, approval or accession or declaration of provisional application may decide by mutual consent that it shall enter into force among those Governments that have deposited instruments of ratification, acceptance, approval or accession, provided the Food Aid Convention enters into force on the first date that all the provisions of this Convention are in force, or they may take whatever other action they consider the situation requires.
4) The Council may before this Convention enters into force establish for any country, in agreement with that country, the percentage referred to in paragraph 2 of article 4 in accordance with that paragraph, and shall at its first session after any part of this Convention comes into force so establish the percentage for any member country for which a percentage has not been established.
ARTICLE 41
Duration, amendment and withdrawal
1) This Convention shall remain in force until and including 30 June 1971.
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