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STATUS AS AT : 19-05-2013 05:11:28 EDT
CHAPTER XIX
COMMODITIES
43 . International Coffee Agreement 2001
London, 28 September 2000
Entry into force
:
provisionally on 1 October 2001 and definitively on 17 May 2005, in accordance with article 45which reads as follows: "(1) This Agreement shall enter into force definitively on 1 October 2001 if by that date Governments representing at least 15 exporting Members holding at least 70 percent of the votes of the exporting Members and at least 10 importing Members holding at least 70 percent of the votes importing Members, calculated as at 25 September 2001, without reference to possible suspension under the terms of Articles 25 and 42, have deposited instruments of ratification, acceptance or approval. Alternatively, it shall enter into force definitively at any time after 1 October 2001 if it is provisionally in force in accordance with the provisons of paragraph (2) of this Article and these percentage requirements are satisfied by the deposit of instruments of ratification, acceptance or approval. (2) This Agreement may enter into force provisionally on 1 October 2001. For this purpose, a notification by a signatory Government or by any other Contracting Party to the International Coffee Agreement 1994 as extended, containing an undertaking to apply this new Agreement provisionally, in accordance with its constitutional procedures as rapidly as possible, which is recieved by the Secretary-General of the United Nations not later than 25 September 2001, shall be regarded as equal in effect to an instrument of ratification, acceptance or approval. A Government which undertakes to apply this Agreement provisionally, in accordance with its laws and regulations acceptance or approval shall be regarded as a provisional Party thereto until it deposits its instrument of ratification, acceptance or approval or until and including 30 June 2002 whichever is the earlier. The Council may grant an extension of the time within which any Government which is applying this Agreement provisionally may deposit its instrument of ratification, acceptance or approval. (3) If this Agreement has not entered into force definitively or provisionally on 1 October 2001 under the provisions of paragraph (1) or (2) of this Article those Governments which have deposited instruments of ratification, acceptance, approval or accession or made notifications containing an undertaking to apply this Agreement provisionally, in accordance with their laws an regulations, and to seek ratification, acceptance or approval may, by mutual consent, decide that it shall enter into force among themselves. Similarly, if this Agreement has entered into force provisionally but has not entered into force definitively on 31 March 2002, those Governments which have deposited instruments of ratification, acceptance, approval or accession or made the notifications referred to in paragraph (2) of this Article, may, by mutual consent, decide that it shall continue in force provisionally or enter into force definitively among themselves.". 1
Registration :
1 October 2001, No. 37769
Status :
Signatories : 34. Parties : 69
Text :
United Nations, Treaty Series , vol. 2161, p. 308.
Note :
At its eighty-second session held in London from 27 to 28 September 2000, the International Coffee Council approved, by Resolution No. 393, the International Coffee Agreement 2001. The Agreement will be open for signature at United Nations Headquarters, from 1 November 2000 until and including 25 September 2001 by Contracting Parties to the International Coffee Agreement 1994 or the International Coffee Agreement 1994 as extended until 30 September 2001, with modifications, by Resolution 384 of the International Coffee Council on 21 July 1999, and Governments invited to the session of the International Coffee Council at which this Agreement was negotiated, in accordance with its article 43.  At its ninety-eighth session, held in London on 28 September 2007, the International Coffee Council decided by Resolution No. 432 to extend the International Coffee Agreement 2001 for a period of one year from 1 October 2007, in accordance with the provisions of paragraph (2) of Article 52.  However, as soon as the conditions for its definitive or provisional entry into force are met, the new International Coffee Agreement 2007 shall enter into force, thus terminating the period of extension of the International Coffee Agreement 2001. At its one hundred and first session, held in London on 22 September 2008, the International Coffee Council decided by Resolution No. 438 to further extend the International Coffee Agreement 2001 for one year from 1 October 2008. However, the International Coffee Agreement 2007 shall enter into force as soon as the conditions for its provisional or definitive entry into force are met, thus terminating the period of extension of the International Coffee Agreement 2001.
Further, International Coffee Council took the following decisions:
Date of decision: Subject:
28 September 2001 Extension until 31 May 2002 of the period for the deposit of instruments of ratification, acceptance or approval, or notifications of provisional application and establishment of special conditions for accession.
21 May 2002 Extension to 25 September 2002 of the time-limit for deposit of instruments of ratification, acceptance, approval, notification of provisional application or accession;
and extension until 31 May 2003 of the time-limit for deposit of instruments of ratification, acceptance or approval by States applying the Agreement provisionally.
26 September 2002 Extension to 31 May 2003 of the time-limit for deposit of instruments of ratification, acceptance, approval or accession.
21 May 2003 Extension to 31 May 2004 of the time-limit for deposit of instruments of ratification, acceptance, approval or accession.
21 May 2003 Extension to 31 May 2004 of the time-limit for deposit of instruments of ratification, acceptance or approval by States applying the Agreement provisionally.
19 to 21 May 2004 Extension to 31 May 2005 of the time-limit for deposit of instruments of ratification, acceptance or approval or accession.
Extension to 31 May 2005 of the time-limit for deposit of instruments of ratification, acceptance or approval by States applying the Agreement provisionally.
18 to 20 May 2005 Extension to 31 May 2006 of the time-limit for deposit of instruments of ratification, acceptance or approval or accession.
Extension to 31 May 2006 of the time-limit for deposit of instruments of ratification, acceptance or approval by States applying the Agreement provisionally.
22 to 25 May 2006 Extension to 31 May 2007 of the time-limit for the deposit of instruments of ratification,  acceptance, approval or accession.
Extension to 31 May 2007 of the time-limit for the deposit of instruments of ratification, acceptance or approval by States applying the Agreement provisionally.
Establishment of conditions of accession for Timor-Leste.
24 to 25 May 2007 Extension to 25 September 2007 of the time-limit for the deposit of instruments of ratification, acceptance, approval or accession.
Extension to 25 September 2007 of the time-limit for the deposit of instrument of ratification, acceptance or approval by Belgium/Luxembourg which are applying the Agreement provisionally.
Extension to 25 September 2007 of the time-limit for the deposit of an instrument of accession by Timor-Leste.
28 September 2007 Extension of the Agreement for a period of one year, until 30 September 2008, from 1 October 2007;
Extension to 30 September 2008 of the time-limit for the deposit of instruments of ratification, acceptance, approval or accession;
Extension to 30 September 2008 of the time-limit for the deposit of instruments of ratification, acceptance or approval by States applying the Agreement provisionally; and
Extension to 30 September 2008 of the time-limit for the deposit of an instrument of accession by Timor-Leste.
22 September 2008 Extension of the Agreement for  a period of one year, until 30 September 2009, from 1 October 2008.
23 to 25 September 2009 Extension of the Agreement for  a period of one year, until 30 September 2010, from 1 October 2009.
21 to 24 September 2010 Extension of the Agreement for  a period of one year, until 30 September 2010, from 1 October 2010.
Participant
 Signature
 Provisional application(n)
 Ratification, Acceptance(A), Approval(AA), Accession(a)
Angola
      2 Jan 2002 a
Austria
     23 Sep 2002 a
Belgium 2
25 Sep 2001
25 Sep 2001 n
  
Benin
     21 Mar 2003 a
Bolivia (Plurinational State of)
     30 May 2002 a
Brazil
 18 Sep 2001
  21 Sep 2001
Bulgaria
     15 Mar 2007 a
Burundi
 24 Sep 2001
  24 Sep 2001 A
Cameroon
     28 May 2002 a
Central African Republic
     19 Dec 2002 a
Colombia
 20 Jun 2001
20 Jun 2001 n
 17 Feb 2004
Congo
 25 Sep 2001
  25 Sep 2001
Costa Rica
 20 Dec 2000
  25 Sep 2002
Côte d'Ivoire
 25 Sep 2001
  29 Jan 2002 AA
Cuba
 25 Sep 2001
30 Nov 2001 n
 26 Dec 2001
Cyprus
     23 Jan 2002 a
Democratic Republic of the Congo
     12 Apr 2002 a
Denmark
 25 Sep 2001
   5 Jun 2002
Dominican Republic
 10 Aug 2001
   5 Mar 2004
Ecuador
 15 Aug 2001
   5 Feb 2002
El Salvador
     25 Jan 2002 a
Ethiopia
 23 Mar 2001
  16 Apr 2003
European Union
 25 Sep 2001
  25 Sep 2001 AA
France
 24 Sep 2001
  25 Apr 2005 AA
Gabon
 25 Sep 2001
  25 Sep 2001 A
Germany
 25 Sep 2001
25 Sep 2001 n
 20 Dec 2002
Ghana 3
24 Sep 2001
24 Sep 2001 n
 31 May 2006
Greece
      4 Mar 2004 a
Guatemala
      5 Feb 2003 a
Guinea
     21 May 2003 a
Haiti
     24 Sep 2002 a
Honduras
 25 Sep 2001
  24 Sep 2002
India
 10 Aug 2001
  10 Sep 2001
Indonesia
     23 Aug 2002 a
Ireland
 25 Sep 2001
25 Sep 2001 n
 11 Jun 2002
Italy
 25 Sep 2001
  17 May 2005
Jamaica
 25 Sep 2001
   1 Nov 2001
Japan 4
[11 Jul 2001 ]
   [11 Jul 2001 A]
Kenya
      1 Nov 2001 a
Latvia
      4 Jan 2006 a
Luxembourg 2
25 Sep 2001
25 Sep 2001 n
  
Madagascar
 24 Sep 2001
  24 Sep 2001 A
Malawi
     12 Feb 2003 a
Mexico
 24 Sep 2001
25 Jan 2002 n
  9 Jul 2002
Netherlands 5
    25 May 2007 a
Nicaragua
     12 Dec 2002 a
Nigeria
     26 Feb 2002 a
Norway
     21 May 2002 a
Panama
     26 Jul 2006 a
Papua New Guinea
     23 Jan 2002 a
Paraguay
     10 Mar 2004 a
Philippines
     28 May 2002 a
Poland
     15 Sep 2006 a
Portugal
 25 Sep 2001
  21 May 2003
Romania
     24 Mar 2008 a
Rwanda
  4 Sep 2001
  13 Sep 2001
Slovakia
      1 Jun 2006 a
Spain
 20 Sep 2001
20 Sep 2001 n
  7 Jun 2002
Sweden
     19 Nov 2001 a
Switzerland
 25 Sep 2001
28 Jan 2002 n
 30 Apr 2002
Thailand
 24 Sep 2001
  24 Sep 2001
Togo
      9 May 2003 a
Uganda
  9 May 2001
   5 Oct 2001
United Kingdom of Great Britain and Northern Ireland 6
25 Sep 2001
25 Sep 2001 n
  2 Jun 2003
United Republic of Tanzania
 26 Jan 2001
  31 Oct 2002
United States of America
      3 Feb 2005 a
Venezuela (Bolivarian Republic of)
      8 Jul 2004 a
Viet Nam
 22 Aug 2001
   2 May 2002 AA
Zambia
     26 Mar 2003 a
Zimbabwe
      3 Jun 2004 a
End Note
1.At a meeting held in London, from 26 to 28 September 2001, the representatives of the States and Organization listed below decided to put the Agreement into force provisionally among themselves as of 1 October 2001, pursuant to the provisions of article 45 (3) of the Agreement:

Exporting Countries: Brazil, Colombia, Congo (Republic of), Gabon, Ghana, India, Rwanda and Thailand; Importing countries : Belgium, Germany, Ireland, Japan, Luxembourg, Spain, United Kingdom of Great Britain and Northern Ireland and European Community.
2.In the name of the Kingdom of Belgium and the Grand Duchy of Luxembourg and by virtue of Article 31 of the Consolidated Convention between Belgium and the Grand Duchy of Luxembourg instituting the Belgo-Luxembourg Economic Union.
3.In its notification of provisional application, the Government of Ghana notified the Secretary-General that:

"[The Government of the Republic of Ghana] ... will apply the Agreemnt provisionally, as an exporting member, with effect from 26 September 2001, pending its ratification.".
4.On 29 September 2009, the Government of Japan has notified the Secretary-General, that pursuant to the provisions of article 52 (2) of the Agreement, Japan does not accept the extension of the International Coffee Agreement 2001, for one year from 1 October 2009.

In accordance with article 52 (2) Japan shall cease to be a party to the International Coffee Agreement 2001, from the beginning of the period of extension, i.e., from 1st October 2009.
5.For the Kingdom in Europe.
6.In respect of the United Kingdom, the Bailiwick of Jersey and Saint Helena.