O presente Protocolo inclui o Preâmbulo aos Protocolos de 1979 prorrogando pela quinta vez o Acordo Internacional do Trigo de 1971.
Em fé do que, os abaixo assinados, devidamente autorizados para o efeito pelos Governos ou autoridades respectivos, assinaram o presente Protocolo nas datas apostas junto das suas assinaturas.
Os textos do presente Protocolo nas línguas espanhola, francesa, inglesa e russa fazem igualmente fé. Os originais serão depositados junto do Governo dos Estados Unidos da América, o qual deverá enviar cópias autênticas a cada parte signatária ou aderente e ao secretário executivo do Conselho.
1979 Protocols for the fifth extension of the Wheat Trade Convention and Food Aid Convention constituting the International Wheat Agreement, 1971.
Preamble
The Conference to establish the texts of the 1979 Protocols for the fifth extension of the Conventions constituting the International Wheat Agreement, 1971:
Considering that the International Wheat Agreement of 1949 was revised, renewed or extended in 1953, 1956, 1959, 1962, 1965, 1966, 1967, 1968, 1971, 1974, 1975, 1976 and 1978;
Considering that the International Wheat Agreement, 1971, consisting of two separate legal instruments, the Wheat Trade Convention, 1971, and the Food Aid Convention, 1971, both of which were further extended by Protocol in 1978, will expire on 30 June 1979:
has established the texts of the 1979 Protocols for the fifth extension of the Wheat Trade Convention, 1971, and for the fifth extension of the Food Aid Convention, 1971.
1979 Protocol for the fifth extension of the Wheat Trade Convention, 1971
The Governments party to this Protocol:
Considering that the Wheat Trade Convention, 1971 (hereinafter referred to as «the Convention»), of the International Wheat Agreement, 1971, which was further extended by Protocol in 1978, expires on 30 June 1979:
have agreed as follows:
ARTICLE 1
Extension, expiry and termination of the Convention
Subject to the provisions of article 2 of this Protocol, the Convention shall continue in force between the parties to this Protocol until 30 June 1981 provided that, if a new international agreement covering wheat enters into force before 30 June 1981 this Protocol shall remain in force only until the date of entry into force of the new agreement.
ARTICLE 2
Inoperative provisions of the Convention
The following provisions of the Convention shall be deemed to be inoperative with effect from 1 July 1979:
- a)Paragraph 4 of article 19;
- b)Articles 22 to 26, inclusive;
- c)Paragraph 1 of article 27;
- d)Articles 29 to 31, inclusive.
ARTICLE 3
Definition
Any reference in this Protocol to a «Government» or «Governments» shall be construed as including a reference to the European Economic Community (hereinafter referred to as «the Community»). Accordingly, any reference in this Protocol to «signature» or to the «deposit of instruments of ratification, acceptance, approval or conclusion» or «an instrument of accession» or «a declaration of provisional application» by a Government shall, in the case of the Community, be construed as including signature or declaration of provisional application on behalf of the Community by its competent authority and the deposit of the instrument required by the institutional procedures of the Community to be deposited for the conclusion of an international agreement.
ARTICLE 4
Finance
The initial contribution of any exporting or importing member acceding to this Protocol under paragraph 1, b), of article 7 thereof, 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 members for the current crop year shall not be altered.
ARTICLE 5
Signature
This Protocol shall be open for signature in Washington from 25 April 1979 until and including 16 May 1979 by Governments of countries party to the Convention as further extended by the 1978 Protocol, or which are provisionally regarded as party to the Convention as further extended by the 1978 Protocol, on 21 March 1979, or which are members of the United Nations, of its specialized agencies or of the International Atomic Energy Agency, and are listed in annex A or annex B to the Convention.
ARTICLE 6
Ratification, acceptance, approval or conclusion
This Protocol shall be subject to ratification, acceptance, approval or conclusion by each signatory Government in accordance with its respective constitutional or institutional procedures. Instruments of ratification, acceptance, approval or conclusion shall be deposited with the Government of the United States of America not later than 22 June 1979, except that the Council may grant one or more extensions of time to any signatory Government that has not deposited its instrument of ratification, acceptance, approval or conclusion by that date.
ARTICLE 7
Accession
- 1 -This Protocol shall be open for accession:
- a)Until 22 June 1979, by the Government of any member listed in annex A or B to the Convention as of that date, except that the Council may grant one or more extensions of time to any Government that has not deposited its instrument by that date; and
- b)After 22 June 1979, by the Government of any member of the United Nations, of its specialized agencies or of the International Atomic Energy Agency, upon such conditions as the Council considers appropriate by not less than two thirds of the votes cast by exporting members and two thirds of the votes cast by importing members.
- 2 -Accession shall be effected by the deposit of an instrument of accession with the Government of the United States of America.
- 3 -Where, for the purposes of the operation of the Convention and this Protocol, reference is made to members listed in annex A or B to the Convention, any member the Government of which has acceded to the Convention on conditions prescribed by the Council, or to this Protocol in accordance with paragraph 1, b), of this article, shall be deemed to be listed in the appropriate annex.
ARTICLE 8
Provisional application
Any signatory Government may deposit with the Government of the United States of America a declaration of provisional application of this Protocol. Any other Government eligible to sign this Protocol 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 Protocol and be provisionally regarded as a party thereto.
ARTICLE 9
Entry into force
- 1 -This Protocol shall enter into force among those Governments which have deposited instruments of ratification, acceptance, approval, conclusion or accession, or declarations of provisional application, in accordance with articles 6, 7 and 8 of this Protocol by 22 June 1979 as follows:
- a)On 23 June 1979 with respect to all provisions of the Convention other than articles 3 to 9, inclusive, and article 21; and
- b)On 1 July 1979 with respect to articles 3 to 9, inclusive, and article 21 of the Convention;
if such instruments of ratification, acceptance, approval, conclusion or accession, or declarations of provisional application have been deposited not later than 22 June 1979 on behalf of Governments representing exporting members which held at least 60 per cent of the votes set out in annex A and representing importing members which held at least 50 per cent of the votes set out in annex B, or would have held such votes respectively if they had been parties to the Convention on that date.
- 2 -This Protocol shall enter into force for any Government that deposits an instrument of ratification, acceptance, approval, conclusion or accession after 22 June 1979 in accordance with the relevant provisions of this Protocol, 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 ou 3 of this article.
- 3 -If this Protocol does not enter into force in accordance with paragraph 1 of this article, the Governments which have deposited instruments of ratification, acceptance, approval, conclusion or accession, or declarations 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, conclusion or accession, or declarations of provisional application.
ARTICLE 10
Notification by depositary Government
The Government of the United States of America as the depositary Government shall notify all signatory and acceding Governments of each signature, ratification, acceptance, approval, conclusion, provisional application of, and accession to, this Protocol as well as of each notification and notice received under article 27 of the Convention and each declaration and notification received under article 28 of the Convention.
ARTICLE 11
Certified copy of the Protocol
As soon as possible after the definitive entry into force of this Protocol, the depositary Government shall send a certified copy of this Protocol in the English, French, Russian and Spanish languages to the Secretary-General of the United Nations for registration in accordance with article 102 of the Charter of the United Nations. Any amendments to this Protocol shall likewise be communicated.
ARTICLE 12
Relationship of Preamble to Protocol
This Protocol includes the Preamble to the 1979 Protocols for the fifth extension of the International Wheat Agreement, 1971.
In witness whereof the undersigned, having been duly authorized to this effect by their respective Governments or authorities, have signed this Protocol on the dates appearing opposite their signatures.
The texts of this Protocol in the English, French, Russian and Spanish languages shall be equally authentic. The originals shall be deposited with the Government of the United States of America, which shall transmit certified copies thereof to each signatory and acceding party and to the executive secretary of the Council.