CHAPTER XIX
COMMODITIES43International Coffee Agreement 2001London, 28 September 2000provisionally 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.".11 October 2001, No. 37769Signatories34Parties69United Nations, <i> Treaty Series </i>, vol. 2161, p. 308.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: <b>Date of decision: Subject:</b> 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.
ParticipantSignatureProvisional application(n)Ratification, Acceptance(A), Approval(AA), Accession(a)Angola 2 Jan 2002 aAustria23 Sep 2002 aBelgium<superscript>2</superscript>25 Sep 2001 25 Sep 2001 nBenin21 Mar 2003 aBolivia (Plurinational State of)30 May 2002 aBrazil18 Sep 2001 21 Sep 2001 Bulgaria15 Mar 2007 aBurundi24 Sep 2001 24 Sep 2001 ACameroon28 May 2002 aCentral African Republic19 Dec 2002 aColombia20 Jun 2001 20 Jun 2001 n17 Feb 2004 Congo25 Sep 2001 25 Sep 2001 Costa Rica20 Dec 2000 25 Sep 2002 Côte d'Ivoire25 Sep 2001 29 Jan 2002 AACuba25 Sep 2001 30 Nov 2001 n26 Dec 2001 Cyprus23 Jan 2002 aDemocratic Republic of the Congo12 Apr 2002 aDenmark25 Sep 2001 5 Jun 2002 Dominican Republic10 Aug 2001 5 Mar 2004 Ecuador15 Aug 2001 5 Feb 2002 El Salvador25 Jan 2002 aEthiopia23 Mar 2001 16 Apr 2003 European Union25 Sep 2001 25 Sep 2001 AAFrance24 Sep 2001 25 Apr 2005 AAGabon25 Sep 2001 25 Sep 2001 AGermany25 Sep 2001 25 Sep 2001 n20 Dec 2002 Ghana<superscript>3</superscript>24 Sep 2001 24 Sep 2001 n31 May 2006 Greece 4 Mar 2004 aGuatemala 5 Feb 2003 aGuinea21 May 2003 aHaiti24 Sep 2002 aHonduras25 Sep 2001 24 Sep 2002 India10 Aug 2001 10 Sep 2001 Indonesia23 Aug 2002 aIreland25 Sep 2001 25 Sep 2001 n11 Jun 2002 Italy25 Sep 2001 17 May 2005 Jamaica25 Sep 2001 1 Nov 2001 Japan<superscript>4</superscript>[11 Jul 2001 ][11 Jul 2001 A]Kenya 1 Nov 2001 aLatvia 4 Jan 2006 aLuxembourg<superscript>2</superscript>25 Sep 2001 25 Sep 2001 nMadagascar24 Sep 2001 24 Sep 2001 AMalawi12 Feb 2003 aMexico24 Sep 2001 25 Jan 2002 n 9 Jul 2002 Netherlands<superscript>5</superscript>25 May 2007 aNicaragua12 Dec 2002 aNigeria26 Feb 2002 aNorway21 May 2002 aPanama26 Jul 2006 aPapua New Guinea23 Jan 2002 aParaguay10 Mar 2004 aPhilippines28 May 2002 aPoland15 Sep 2006 aPortugal25 Sep 2001 21 May 2003 Romania24 Mar 2008 aRwanda 4 Sep 2001 13 Sep 2001 Slovakia 1 Jun 2006 aSpain20 Sep 2001 20 Sep 2001 n 7 Jun 2002 Sweden19 Nov 2001 aSwitzerland25 Sep 2001 28 Jan 2002 n30 Apr 2002 Thailand24 Sep 2001 24 Sep 2001 Togo 9 May 2003 aUganda 9 May 2001 5 Oct 2001 United Kingdom of Great Britain and Northern Ireland<superscript>6</superscript>25 Sep 2001 25 Sep 2001 n 2 Jun 2003 United Republic of Tanzania26 Jan 2001 31 Oct 2002 United States of America 3 Feb 2005 aVenezuela (Bolivarian Republic of) 8 Jul 2004 aViet Nam22 Aug 2001 2 May 2002 AAZambia26 Mar 2003 aZimbabwe 3 Jun 2004 a
1At 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.2In 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.3In 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.".4On 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 2009.5For the Kingdom in Europe.6In respect of the United Kingdom, the Bailiwick of Jersey and Saint Helena.