UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT
INTERNATIONAL AGREEMENT
ON OLIVE OIL AND TABLE OLIVES, 2005
UNITED NATIONS
NOTE
Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.
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TD/OLIVE
OIL.10/6 |
PREAMBLE
The
Parties to this Agreement,
Emphasizing that olive cultivation governs the
existence and standard of living of millions of families which are dependent on
the measures taken to maintain and expand the consumption of olive products and
to enhance the world economy for such products,
Bearing in mind that the olive tree is a plant that is indispensable for the continuous
maintenance and conservation of soils, due to its perennial nature, and that it
is also instrumental in developing land that will not bear other crops and
which, even under non-intensive farming conditions, responds favourably to any
improvement in cultivation,
Mindful that olive oil and table olives are essential
basic commodities in the regions where olive growing is established and that they are basic constituents of the Mediterranean diet and
recently also of other diets,
Bearing in mind that olive production is irregular,
which gives rise to special difficulties that may seriously harm the interests
of producers and consumers and jeopardize general policies of economic
expansion in countries of the regions where olive growing is established,
Emphasizing in this connection the major
importance of olive production to the economies of many countries,
Mindful that the measures to be taken in the light of
the particular characteristics of olive growing and of the market for its
products transcend the national sphere, and international action is essential,
Being of the view that it is essential to continue and
develop the work undertaken within the framework of the previous agreements
concluded since the 1956 Agreement until the 1986 Agreement, as amended in
1993, and that it is necessary to negotiate a new updated agreement in the
light of the changes in the industry,
Taking into account the provisions of
the São Paulo Consensus of the eleventh session of the United Nations
Conference on Trade and Development,
Have agreed as follows:
CHAPTER
I – GENERAL OBJECTIVES
Article 1
General objectives
The general objectives of this Agreement are indicated hereafter:
1. With respect to international technical cooperation:
– to foster international cooperation for the integrated, sustainable development of world olive growing;
– to foster the coordination of production, industrialisation, storage and marketing policies for olive oils, olive-pomace oils and table olives;
– to encourage research and development and to foster the transfer of technology and training activities in the olive products sector with the aim, inter alia, of modernising olive growing and the olive products industry and of improving the quality of production;
– to lay the foundations of international cooperation in international trade in olive oils, olive-pomace oils and table olives to create, in this context, close cooperative ties with the representatives of the various stakeholders of the olive products sector, in compliance with the corresponding international agreements and accords;
– to further the efforts made and steps taken to improve and draw notice to product quality;
– to further the efforts made and steps taken to improve the interaction between olive growing and the environment, particularly with a view to protecting and conserving the environment;
– to examine and foster the integral utilisation of the products derived from the olive tree;
–
to conduct activities for the
preservation of the gene sources of olive trees;
2. With respect to the standardisation of international trade in olive products:
– to carry on conducting collaborative activities in the area of physico-chemical and sensory testing in order to add to the knowledge of the composition and quality characteristics of olive products, with a view to establishing international standards enabling:
– product quality control,
– fair international trading,
– protection of consumer rights,
– prevention of fraudulent practices.
– to facilitate the study and application of measures for harmonising national and international laws relating, in particular, to the marketing of olive oil and table olives;
–
to encourage harmonisation of
the criteria for the definition of geographical indications granted by the
Members with a view to their international protection;
– to lay the foundations of international cooperation to prevent and, where appropriate, to combat any fraudulent practices in international trade in any edible olive products by establishing close cooperative ties in this context with the representatives of the various stakeholders of the olive products sector.
3. With respect to the expansion of international trade and the promotion of olive products:
–
to
promote any activities conducive to the harmonious, sustainable expansion of the
world olive products economy by every means in the power of the International
Olive Council in the fields of production, consumption and international trade,
having regard to the ways in which they are interrelated;
– to facilitate the study and application of measures for balancing production and consumption and the establishment of procedures for information and consultation in order to enhance the transparency of the market;
– to implement measures designed to expand international trade in olive products and to adopt whatever measures are appropriate to enhance the consumption of olive oil and table olives;
–
to
undertake activities fostering a better understanding of the nutritional,
therapeutic and other properties of olive oil and table olives;
– to maintain and amplify the role of the International Olive Council as a meeting point for all the operators in the sector and as a world documentation and information centre on the olive tree and its products.
CHAPTER
II – DEFINITIONS
Article 2
Definitions
For the purposes of this Agreement:
1. “International Olive Council” means the international Organisation referred to in Article 3(1), established for the purpose of applying the provisions of this Agreement;
2. “Council of Members” means the decision-making organ of the International Olive Council;
3. “Member” means a Contracting Party to this Agreement;
4. “Olive oils” means the oils obtained solely from the fruit of the olive tree, to the exclusion of oils obtained by solvent or re-esterification processes and of any mixture with oils of other kinds;
5. “Table olives” means the product prepared from the sound fruits of varieties of the cultivated olive tree which are chosen for their production of olives particularly suited to curing, and which are suitably treated or processed and offered for trade and for final consumption;
6. “Olive
products” means all edible olive products, in particular olive oils, olive‑pomace
oils and table olives;
7. “Olive
by-products” means, in particular, the products derived from olive pruning and
the olive products industry and the products resulting from alternative uses of
the products of the sector;
8. “Olive crop year” means the period from 1 October of each year to 30 September of the following year.
PART ONE – INSTITUTIONAL PROVISIONS
CHAPTER III – INTERNATIONAL OLIVE
COUNCIL
SECTION I – Establishment, organs, functions,
privileges and immunities
Article 3
Establishment, headquarters and structure of the International Olive
Council
1. The International Olive Council shall act through:
– its Chairperson;
–
its Council of Members and, as the case may be, its
committees and subcommittees;
–
its Executive Secretariat;
in accordance with the provisions laid down in sections II to V.
2. The headquarters of the International Olive Council shall be in
Article 4
Representation of the Members in the International Olive Council
1. Each Member shall designate its representative in the International Olive Council.
2. Any
reference in this Agreement to a "Government" or
"Governments" shall be construed as including the European Community
and any intergovernmental organisation having responsibilities in respect of
the negotiation, conclusion and application of international agreements, in
particular commodity agreements. Accordingly, any reference in this Agreement
to signature, ratification, acceptance or approval, to notification of
provisional application or to accession shall, in the case of the European
Community or such intergovernmental organisations, be construed as including a
reference to signature, ratification, acceptance or approval, to notification
of provisional application or to accession by the European Community or such
intergovernmental organisations.
Article 5
Privileges and immunities
1. The International Olive Council shall have international legal personality. It shall, in particular, have the capacity to contract, to acquire and dispose of movable and immovable property and to institute legal proceedings. It shall not have the power to borrow money.
2. In the territory of each Member, and
in so far as that Member's legislation allows, the International Olive Council shall have the legal
capacity necessary for the performance of the functions conferred upon it by
this Agreement.
3. For
the purpose of its proper functioning, the status, privileges and immunities of
the International Olive Council, of its Executive Director, senior officials and other staff of
its Executive Secretariat, of experts and of the delegations of the Members in
the territory of Spain shall be governed by a Headquarters Agreement.
4. The Government of the State in which
the headquarters of the International Olive Council is situated shall, in so far
as the legislation of that State allows, exempt the remuneration paid by the
International Olive Council to its employees and the
assets, income and other property of the International Olive Council from taxation.
5. The International Olive Council may conclude with one or more Members agreements relating
to such privileges and immunities as may be necessary for the proper
application of this Agreement.
SECTION II – Council of Members
Article 6
Composition and functions
1. The Council of Members shall be composed of one delegate per Member. Furthermore, each Member may appoint one or more alternates and one or more advisers to its delegate.
2. The
Council of Members shall be the principal decision-making organ of the
International Olive Council. It
shall exercise all such powers and perform or arrange for the performance of
all such functions as are necessary to achieve the objectives of this Agreement. The Council of Members
shall take any decisions, adopt any recommendations or make any suggestions
provided for, or envisaged in, this Agreement, unless powers or functions are
explicitly vested in the Executive Secretariat or the Executive Director.
Any decisions, recommendations or suggestions adopted in accordance with the International Agreement which preceded this Agreement[1] and which are still in force at the time of the entry into force of this Agreement shall continue to apply unless they are contrary to this Agreement or they are repealed by the Council of Members.
3. The Council of Members shall, in
accordance with the provisions of this Agreement, adopt:
(a) Rules of Procedure,
(b) Staff Regulations having regard to those applying to officials of similar intergovernmental organisations,
(c) an organisation chart.
4. The Council of Members shall
undertake or arrange for the undertaking of studies or other work, including
the collection of detailed information on the various kinds of aid for
activities relating to olive growing and olive products, so as to enable it to formulate any
recommendations and suggestions it may consider appropriate for achieving the
general objectives set forth in Article 1. Any such studies and work
shall, in particular, cover as many countries or groups of countries as
possible and take into account the general, social and economic conditions of
the countries concerned.
The Members shall inform the Council of Members, in accordance with a procedure defined by the aforesaid Council, of the conclusions they reach after considering the recommendations and suggestions arising from the application of this Agreement.
5. The
Council of Members shall publish an annual report on its activities and on the
operation of this Agreement.
6. The
Council of Members shall draw up, prepare and publish in the official languages
of the International Olive Council such reports, studies and other documents as
it deems useful and necessary, and shall keep up to date such records as it
requires to perform its functions under this Agreement.
Article 7
Sessions of the Council of Members
1. The Council of Members shall meet at the headquarters of the International Olive Council unless it decides otherwise. If, on the invitation of any Member, the Council of Members decides to meet elsewhere, that Member shall bear the extra expenditure this entails for the budget of the International Olive Council over and above that incurred in holding a session at the headquarters.
2. The Council of Members shall hold a regular session at least once a
year, in the autumn.
Any Member may authorise the delegate of
another Member to represent its interests and to exercise its right to
participate in decisions of the Council of Members at one or more of its
sessions. Evidence of such authorisation acceptable to the Council of Members
shall be submitted thereto.
The
delegate of a Member may not represent the interests or exercise the right to
participate in decisions of the Council of Members of more than one other
Member.
3. The Council of Members may be convened at any time at the discretion
of its Chairperson. The Chairperson may also convene the Council of Members if so requested by
various Members or by one single Member supported by at least two other
Members.
4. The expenses of delegations to the
Council of Members shall be met by the Members concerned.
5. Notice of any sessions provided
for in paragraph 2 of this Article shall be given at least 60 days
before the date of the first meeting of each such session. Notice of the
sessions provided for in paragraph 3 of this Article shall be given at least 21 days before the date of the first
meeting of each such session.
6. The
quorum required for every session of the Council of Members shall be the
presence of the delegates of the majority of the Members holding at least 90
per cent of the total participation shares allotted to the Members.
If this quorum does not exist, the session shall be postponed for 24 hours and the quorum required shall be the presence of the delegates of the Members holding at least 85 per cent of the total participation shares allotted to the Members.
7. The following may, with the prior
consent of the Council of Members, attend as an observer all or part of any of
the sessions of the Council of Members:
(a) the
international organisations and institutions referred to in Article 14 of this
Agreement;
(b) the
Government of any member or
Observers shall not be entitled to address the sessions of the Council of Members unless so authorised by the Chairperson.
Article 8
Participation shares
1. The Members shall together hold 1 000 participation shares.
The participation shares shall be divided among the Members in proportion to the source data of each Member, calculated according to the following formula:
q = p1 + e1 + p2 + e2
The parameters in this formula are averages expressed in thousands of metric tonnes, any fraction of 1 000 tonnes above a whole number being disregarded. There may be no fractions of participation shares.
q: source data used for proportionately calculating the participation shares
p1: average olive oil production of the last six olive crop years
e1: average (customs) olive oil exports of the last six calendar years corresponding to the end years of the olive crop years considered for calculating p1
p2: average
table olive production of the last six olive crop years converted into its
olive oil equivalent by the application of a conversion coefficient of 16 per
cent
e2: average (customs) table olive exports of the last six calendar years corresponding to the end years of the olive crop years considered for calculating p2, and converted into their olive oil equivalent by the application of a conversion coefficient of 16 per cent
2. However,
no Member shall hold less than five participation shares. For that purpose, if
the calculation based on paragraph 1 should give a result of less than 5
participation shares for an individual Member, that Member’s share shall be
increased to five and the participation shares of the other Members shall be
decreased proportionately.
3. The Council of Members shall, at its annual session, adopt the participation shares calculated under this Article. Such distribution shall be in force for the following year.
4. The
initial participation shares are contained in Annex A to this Agreement. They
are determined on the basis of paragraphs 1 and 2 of this Article in the light
of the average of the data for the last six olive crop years and calendar years
for which final data are available. Each year the Council of Members shall
modify the shares as appropriate, in compliance with paragraphs 1, 2 and 3 of
this Article.
Article 9
Decisions of the Council of Members
1. Unless otherwise provided in this Agreement, decisions of the Council of Members shall be taken by consensus of the Members within a time limit laid down by the Chairperson. Such time limit may not exceed the duration of the session at which the draft decision is submitted to the Council of Members.
If consensus is not reached within this time limit, Members shall take a vote.
2. Any
decision shall be considered to be adopted when at least 50 per cent of the
Members accounting for 82 per cent of the participation shares are in
favour thereof.
3. The Council of Members may take decisions by an exchange of correspondence between the Chairperson and the Members without holding a session, provided that no Member objects to this procedure.
The rules for the application of this
consultation procedure shall be laid down by the Council of Members in its
Rules of Procedure.
Any
decision so taken shall be communicated to all the Members by the Executive
Secretariat as quickly as possible and shall be entered in the final report of
the following session of the Council of Members.
SECTION III – Chairperson and Vice-Chairperson
Article 10
Chairperson and Vice-Chairperson
1. The Council of Members shall elect a Chairperson from among the delegations of the Members. In the event of the Chairperson being the Head of Delegation, his or her right of participation in decisions of the Council of Members shall be exercised by another member of his or her delegation.
Without prejudice to the powers or functions vested in the Executive Director in, or in accordance with, this Agreement, the Chairperson shall exercise the powers or functions set out in this Agreement and further specified in the Rules of Procedure. Furthermore, the Chairperson shall represent the International Olive Council legally and shall chair the sessions of the Council of Members.
2. The
Council of Members shall also elect a Vice-Chairperson from among the
delegations of the Members. In the event of the Vice-Chairperson being the Head
of Delegation, the Vice-Chairperson shall have the right to participate in
decisions of the Council of Members except when acting as Chairperson, in which
case he or she shall delegate this right to another member of his or her
delegation.
The
Vice-Chairperson shall replace the Chairperson in the event of his or her
absence.
3. The Chairperson and the Vice-Chairperson shall not receive any remuneration.
4. In the event of the temporary absence of both the
Chairperson and the Vice-Chairperson or of the permanent absence of one or
both, the Council of Members shall elect new officers, temporary or permanent
as appropriate, from among the delegations of the Members.
SECTION IV – Committees and
subcommittees
Article 11
Financial Committee
1. The Council of Members shall establish a Financial Committee comprising one delegate of each Member.
2. The Financial Committee shall be responsible for the financial control of the International Olive Council and for the control of the application of chapter IV of this Agreement.
In this context, it shall be in charge of analyzing and studying the draft annual budgets of the International Olive Council proposed by the Executive Secretariat. Only the draft budgets resulting from the discussions of the Financial Committee shall be submitted to the Council of Members for adoption.
The Financial Committee shall likewise be responsible for examining the accounts of the International Olive Council in accordance with the provisions of Article 18.
Each year, the Financial Committee shall
submit the accounts for the preceding financial year to the Council of Members
for adoption at its annual session together with any other measure dealing with
financial matters.
3. Detailed rules for the application of these provisions shall be established and adopted by the Council of Members in its Rules of Procedure.
Article 12
Other committees and subcommittees
1. The
Council of Members may establish such committees and subcommittees as it deems
useful for assisting it in the exercise of its functions under this Agreement.
2. Detailed rules for the application of this provision shall be established and adopted by the Council of Members in its Rules of Procedure. Such rules shall:
(a) ensure the fair allocation of the committee chairs among the different Members;
(b) establish the provisions governing the
admission of observers to the meetings of its committees and subcommittees.
SECTION V
– Executive Secretariat
Article 13
Executive Secretariat
1. The International Olive Council shall have an Executive Secretariat comprising an Executive Director, senior officials and such staff as are required to perform the tasks arising from this Agreement. The posts of the Executive Director and of the senior officials shall be defined in the Rules of Procedure adopted by the Council of Members.
2. The Council of Members shall appoint the Executive Director and senior officials on the basis of the principle of proportionate alternation among the Members and of geographical equilibrium.
The Council of Members shall fix their
terms of appointment in the light of those applying to corresponding officials
of similar intergovernmental organisations. Their profile shall be described in
the Rules of Procedure.
3. The Executive Director shall be the chief
administrative officer of the International Olive Council. The Executive Director shall carry out his or
her duties and take management decisions on a collegiate basis with the senior
officials.
4. The
Executive Director shall appoint the staff in accordance with the Staff
Regulations.
5. The Executive Director, the senior
officials and the other members of the staff shall not carry out any gainful
activity in any of the various sectors of the olive-growing and olive-products
industry.
6. The Executive Director and the senior officials and staff shall not seek or receive instructions regarding their duties under this Agreement from any Member or from any authority external to the International Olive Council. They shall refrain from any action which might reflect on their position as international officials responsible only to the Council of Members. Members shall respect the exclusively international character of the responsibilities of the Executive Director, senior officials and staff and shall avoid influencing them in the discharge of their responsibilities.
SECTION VI – Cooperation and
relationship
with other organisations
Article 14
Cooperation with other organisations
1. The International Olive Council shall make whatever arrangements are appropriate
for consultation or cooperation with the United Nations and its organs, in
particular the United Nations Conference on Trade and Development (UNCTAD), the
United Nations Development Programme (UNDP), the World Health Organisation
(WHO), the Food and Agriculture Organisation of the United Nations (FAO), the
Joint FAO/WHO Programme of the Codex Alimentarius Commission, the International
Labour Organisation (ILO), the United Nations Educational, Scientific and
Cultural Organisation (UNESCO) and other specialised agencies of the United
Nations and with such intergovernmental, governmental and non-governmental
organisations as may be appropriate for the olive sector and as may strive to provide funds to support the
activities of the International Olive Council for the benefit of all the
Members.
2. The International Olive Council shall establish
relations and draw up, as appropriate, special collaborative agreements with
international or regional
organisations or institutions of a financial nature, in particular with the
Common Fund for Commodities.
Any collaborative agreement established between the International Olive Council and the aforementioned international organisations or institutions shall receive the prior approval of the Council of Members.
In respect of the implementation of any project under this Article, the
International Olive Council shall not, in
its capacity as an international commodity body, incur any financial obligation for guarantees given by individual
Members or other entities. No Member shall be responsible by reason of its membership
in the International Olive Council for any liabilities arising from borrowing
or lending by any other Member or entity in connection with such projects.
3. The International Olive Council
shall, if necessary,
keep UNCTAD informed of its activities and programs of work, bearing in
mind the particular role of UNCTAD in international commodity trade.
PART TWO – FINANCIAL PROVISIONS
CHAPTER IV – BUDGETS OF THE INTERNATIONAL OLIVE COUNCIL
Article 15
Budgets of the International Olive Council
1. The
Council of Members shall adopt the following annual budgets to achieve the
general objectives laid down in chapter I of this Agreement:
– an administrative budget;
– a technical cooperation budget;
–
a promotion budget.
2. The
administrative budget shall be financed by the contributions of the
Members and by any other related revenues generated. The amount of the
contribution of each Member shall be established in proportion to its
participation share as set in compliance with Article 8 of this Agreement.
3. The technical cooperation budget shall be financed by:
(a) the amount of the contribution of each Member, which shall be established in proportion to its participation share as set in compliance with Article 8 of this Agreement;
(b) subsidies, voluntary contributions of the Members, which shall be governed by the provisions embodied in an agreement established between the International Olive Council and the donor Member, and donations; and
(c) any
other related revenues generated.
4. The promotion budget shall be financed by:
(a) the amount of the contribution of each Member, which shall be established in proportion to its participation share as set in compliance with Article 8 of this Agreement;
(b) the voluntary contributions of the Members, which shall be governed by the provisions embodied in an agreement established between the International Olive Council and the donor Member;
(c) donations from Governments and/or other sources; and
(d) any other related revenues generated.
5. The International Olive Council may also receive other forms of supplementary contributions, including services, scientific and technical equipment and/or staff that may meet the requirements of approved programs.
The International Olive Council shall, in addition, as part of the development of international cooperation, endeavour to procure such essential financial and/or technical assistance as may be obtainable from the competent international, regional or national organisations, whether financial or of some other kind.
The above contributions shall be allocated by the Council of Members either to the technical cooperation budget, or to the promotion budget, or to both budgets.
6. The amounts of the administrative
budget, of the technical cooperation budget and of the promotion budget that
are not committed during one calendar year may be carried forward to the
following calendar years as advance financing of the corresponding
budgets and shall be assigned thereto according to the participation shares of
each Member for the calendar year concerned.
Such amounts may not, under any
circumstances, be transferred to other budgets unless the Council of Members
decides otherwise.
Article 16
Administrative funds
In addition to the budgets referred to in
Article 15, the International Olive Council may be provided with the funds for
administrative purposes for which provision is made in its Rules of Procedure.
Article 17
Payment of contributions
1. Each
year, at its annual session, the Council of Members shall determine the
amount of the contribution to be paid by each Member for the following calendar
year, which shall be calculated on the basis of the number of participation
shares corresponding to each Member as established pursuant to Article 8.
2. The initial conditions of any Member
which becomes a Party to this Agreement after its entry into force shall be
assessed by the Council of Members. The contribution of the new Member
shall be calculated on the basis of the share allotted to that Member
and of the unexpired portion of the year in question at the time of the
accession of the new Member, but the assessments made upon the other Members
for that calendar year shall not be altered.
3. The contributions provided for in Article 15 shall fall due upon the first day of the calendar year for which they are assessed. They shall be determined in Euros and be payable in that currency or in the equivalent amount of another freely convertible currency.
4. The Council of Members shall, at the start of the calendar year, request the Members to settle their contribution as soon as possible to enable the International Olive Council to operate normally and to enable the implementation of the activities planned by it for the calendar year concerned.
If a Member does not settle its contribution within six months of the start of the calendar year, the Council of Members shall invite it to make payment within the following three months. If these two deadlines are not met, the matter shall be brought to the attention of the Council of Members at its regular session. The right of the Member in arrears to participate in decisions of the Council of Members and to hold elective office in the Council of Members and its committees and subcommittees shall be suspended automatically until the contribution is paid in full. The Council of Members shall, after hearing the Member in arrears, take any other appropriate decisions, which shall be applied.
5. No decision of the Council of Members may relieve a Member of its financial obligations under this Agreement.
Article 18
Financial control
1. The financial control of the International Olive Council shall be carried out by the Financial Committee in accordance with Article 11.
2. The financial statements of the International Olive Council for the previous calendar year, certified by an independent auditor, shall be presented to the Financial Committee which, after analyzing the accounts, shall submit them to the Council of Members at its annual session for approval and publication.
The Council of Members shall designate the independent auditor by holding a tender in which at least three relevant specialised firms shall take part.
The independent auditor may not be designated for more than three years.
No firm chosen to audit the accounts of the International Olive Council may be re-selected to act as auditor in the course of the following nine years, during the life of this Agreement.
3. Furthermore, the Council of Members shall, at its annual session, examine and adopt the report relating to:
– the verification of the management of the funds, assets and cash of the International Olive Council;
– the regularity of financial operations and their conformity with the rules and regulations and budgetary provisions in force.
Article 19
Liquidation
1. The Council of Members shall, if dissolved, first
take the steps stipulated in Article 47(5).
2. On the expiry of this Agreement, and
unless it is prolonged, extended or renewed, the assets of the
International Olive Council and any uncommitted sums proceeding from the funds
referred to in Article 16 as well as any uncommitted sums of the budgets
referred to in Article 15 shall be repaid to Members in proportion to the total
of their participation shares in force at the time. The voluntary contributions
referred to in Article 15(4)(b) and 15(5)(b) and the donations referred to
in Article 15(5)(c) shall be repaid to the Member or donor concerned.
PART THREE – ECONOMIC AND STANDARDISATION PROVISIONS
CHAPTER V – DESIGNATIONS
AND DEFINITIONS OF OLIVE OILS, OLIVE-POMACE OILS AND TABLE OLIVES – GEOGRAPHICAL INDICATIONS
Article 20
Use of the designation "olive oil"
1. The
designation "olive oil" shall be restricted to oil obtained solely
from the olive, to the exclusion of oil obtained by solvent or
re-esterification processes and of any mixture with oils of other kinds.
2. In no case shall the designation
"olive oil" be used alone to refer to olive-pomace oils.
3. The
Members undertake to suppress in their internal and international trade any use
of the designation "olive oil", alone or in combination with other
words, which is not in conformity with this Article.
Article 21
Designations and definitions of olive oils, olive-pomace oils and table olives
1. The definitions of the following different categories of olive oils and olive-pomace oils are described in Annex B:
I. Olive oil:
A. virgin olive oils:
(a) virgin olive oils fit for consumption as they are:
(i) extra virgin olive oil,
(ii) virgin olive oil,
(iii) ordinary virgin olive oil;
(b) virgin olive oils not fit for consumption
as they are:
lampante virgin olive oil;
B. refined olive oil;
C. olive oil.
II. Olive-pomace oil:
A. crude olive-pomace oil;
B. refined olive-pomace oil;
C. olive-pomace oil.
2. The definitions of the following
types of table olives are described in Annex C:
(i) green olives,
(ii) olives turning colour,
(iii) black olives.
3. The Council of Members may make all such amendments as it deems necessary or appropriate to the categories of oils and types of table olives provided for in this Article and to the definitions laid down in Annexes B and C.
Article 22
Undertakings by Members
1. The
Members of the International Olive Council undertake to apply the designations
prescribed in Annexes B and C in their international trade and shall encourage
their application in their internal trade.
2. The Council of Members shall determine quality criteria standards applicable to the international trade of the Members, in accordance with Article 25(3).
3. The Members undertake to analyze in detail the definition of the designations and geographical indications that may be of economic interest to the Members as well as the minimum national legal provisions required to ensure, or ensuring, the protection of such indications. To this end, the International Olive Council shall secure the means to develop a scheme of mutual recognition of such indications.
4. Geographical indications, when given, may only be applied to virgin olive oils and to table olives belonging to the Extra trade category which are produced in accordance with the relevant provisions for these products.
5. Geographical indications may only be used in conformity with the conditions prescribed by the law of the country of origin.
6. The Members undertake, in particular,
to develop a scheme for the mutual recognition of geographical indications to
ensure protection, ex officio, of geographical indications protected
under the national law of the Members, and to prohibit and repress the use in
their territories, for the purposes of international trade, of such
geographical indications and designations of olive oils, olive-pomace oils and table olives as conflict with these
principles.
This undertaking shall apply to all
inscriptions placed on packagings, invoices, consignment notes and commercial
documents or used in advertising, and to trade marks, registered names and
illustrations connected with the international marketing of olive oils,
olive-pomace oils and table olives,
in so far as such inscriptions might constitute false statements or give rise
to confusion as to the origin, source or quality of the olive oils,
olive-pomace oils or table olives
concerned.
Article 23
Disputes and conciliation
1. Any
dispute regarding geographical indications arising from the interpretation of
the provisions of this chapter or from difficulties in their application shall,
if the dispute has not been settled by direct negotiation, be examined by the
Council of Members.
2. The Council of Members shall endeavour to reconcile the dispute, after seeking the opinion of an advisory panel as provided for in Article 37(1), and after consultation with the World Intellectual Property Organisation, with a competent professional organisation and, if necessary, with the International Chamber of Commerce and specialised international institutions for analytical chemistry; if this is unsuccessful, and after the Council of Members has determined that every means has been employed to reach agreement, the Members concerned shall have the right of recourse in the final instance to the International Court of Justice.
CHAPTER VI – STANDARDISATION OF THE MARKETS
FOR OLIVE PRODUCTS
Article 24
Examination of the situation of and developments in the market for olive oil,
olive-pomace oil and table olives
1. Within the framework of the general
objectives set forth in Article 1, and with a view to contributing towards the
standardisation of the market for olive oil, olive-pomace oil and table olives and correcting any
imbalance between international supply and demand due to irregularity of
harvests or to other factors, Members shall make available and furnish to the
International Olive Council all the necessary data, statistics and
documentation on olive oil, olive-pomace
oil and table olives.
2. The Council of Members shall, at its annual session, make a detailed
examination of the balances for olive products and an overall estimate of the
supplies of and demand for olive oil,
olive-pomace oil and table olives, on the basis of the information
furnished by each Member under Article 36, of any information communicated to
the International Olive Council by Governments of States not Parties to
this Agreement, and of any other relevant statistical material available to the
International Olive Council on the subject. The
Council of the Members shall, taking into account all the information available
to it, examine the market situation and make an overall estimate of supplies of
and demand for all olive products, and may propose to the Members such measures
as it considers desirable.
Article 25
Standardisation of the market for olive products
1. The International Olive Council shall undertake studies with a view to making recommendations to the Members for achieving a balance between production and consumption, and, more generally, for standardising the market for olive products over the long term through the application of appropriate measures.
2. With a view to such standardisation, the International Olive Council shall also undertake studies to recommend to Members suitable solutions to the problems which may arise as regards the evolution of the international market for olive oil, olive-pomace oil and table olives, through appropriate arrangements, account being taken of market imbalances resulting from fluctuations in production or from other causes.
3. The International Olive Council shall
examine ways and means of ensuring the expansion of international trade and the
increase of the consumption of olive oil and
table olives. In particular, it shall make appropriate recommendations
to the Members concerning:
(a) the adoption and use of a standard international contract for transactions in olive oils, olive-pomace oils and table olives;
(b) the constitution and functioning of an
international conciliation and arbitration office to deal with any disputes
relating to transactions in olive oils,
olive-pomace oils and table
olives;
(c) the application
of standards for the physical, chemical and organoleptic characteristics of
olive oils, olive-pomace oils and table olives;
(d) the establishment of uniform methods of
analysis.
4. The International Olive Council shall take any
measures it considers useful for the suppression of unfair competition at the
international level, including such competition by States which are not Parties
to this Agreement or by persons who are nationals of such States.
PART FOUR – TECHNICAL PROVISIONS
CHAPTER VII – TECHNICAL COOPERATION IN THE OLIVE SECTOR
Article 26
Programs and activities
1. In order to achieve the general
objectives set forth in Article 1 concerning technical cooperation with regard
to olives and olive products, the International Olive Council, acting through
its Council of Members, shall conceive, promote and elaborate programs
of activities relating thereto.
2. Such technical cooperation shall
encompass olive cultivation, olive oil extraction and table olive industry.
3. The International Olive Council may
take direct action to promote such technical cooperation.
4. The
International Olive Council may decide to call upon the collaboration of public
or private bodies and/or entities, whether national or international, to
implement part or all of the provisions of this chapter. It may also give a
financial contribution to the aforementioned bodies and/or concerns within the
budgetary limits.
Article 27
Research and development
1. The International Olive Council,
acting through its Council of Members, shall examine any proposals for
research-and-development projects of general interest to Members and shall take
such measures as are appropriate in this field.
2. The International Olive Council may
call upon the collaboration of specialised research institutes, laboratories
and centres for the implementation, monitoring, use and dissemination, for the
benefit of Members, of the findings of the research-and-development programs.
3. The International Olive Council shall
undertake the necessary studies on the economic returns which can be expected
from the application of the results of the research-and-development programs.
Article 28
Training and specific operations
1. The International Olive Council,
acting through its Council of Members, shall take the necessary steps
for the organisation of refresher and training courses at various levels for
technical experts in the olive sector, particularly those from Members that are
developing countries.
2. The International Olive Council shall
encourage the transfer of technologies to Members that are developing countries
from Members highly advanced in olive cultivation, olive oil extraction and
table olive processing techniques.
3. The International Olive Council shall
facilitate any technical cooperation enabling consultants and experts to be
placed at the disposal of the Members requiring such services.
4. The International Olive Council shall
facilitate the participation of the delegations and experts of the Members in
its general or scientific–technical meetings.
5. In particular, the Council of Members
shall:
(a) carry out specific studies and operations;
(b) convene or foster the holding of
international seminars and meetings;
(c) collect technical information and circulate
it to all the Members;
(d) promote the coordination of activities
relating to technical cooperation among Members in olive cultivation, olive oil
extraction and table olive industry, including action within the framework of
interregional or regional planning;
(e) promote such bilateral or multilateral
cooperation as may assist the International Olive Council in achieving the
objectives of this Agreement.
CHAPTER VIII – OTHER MEASURES
Article 29
Other measures
The International Olive Council shall:
(a) foster and coordinate appropriate studies and research on the biological value of olive oil and table olives, with particular reference to their nutritional qualities and other intrinsic properties;
(b) draw up, in
association with specialist bodies, olive-related terminology, standards
covering olive products and related methods of analysis, as well as any other
standards connected with the olive sector;
(c) take whatever
measures are appropriate to draw up a compendium of established fair trade
practices for international trade in olive oil, olive-pomace oil and table
olives.
PART FIVE – PROMOTIONAL PROVISIONS
CHAPTER IX –
WORLD PROMOTION OF THE CONSUMPTION
OF OLIVE OIL AND TABLE OLIVES
Article 30
Programs to promote the consumption of
olive oil and table olives
1. The
Members undertake jointly to conduct generic promotional activities to expand
world consumption of olive oil and table olives, on the basis of the use of the
designations of edible olive oils and table olives defined in Annexes B and C
respectively.
2. Those activities shall take the form
of educational and information campaigns and shall deal with the organoleptic
and chemical characteristics of olive oils and table olives, as well as with
their nutritional, therapeutic and other properties.
3. The promotional campaigns shall aim
to inform consumers about the designations, origins and sources of olive oils
and table olives, care being taken to ensure that no quality, origin or source
is either promoted or given prominence in preference to another.
4. The promotional programs to be
undertaken under this Article shall be decided by the Council of Members in the
light of the resources made available to it. Priority shall be given to action
in the mainly consuming countries and in those countries in which the
consumption of olive oil and table olives is likely to increase.
5. The resources of the promotion budget
shall be used in the light of the following criteria:
(a) the volume of consumption and the possibilities of developing existing markets;
(b) the creation of new outlets for olive oil
and table olives;
(c) the return obtainable on the promotion
expenditure.
6. The Council of Members shall
administer all the resources
allocated for joint promotion purposes. It shall prepare an annual estimate of
receipts and expenditure relating to this promotion as an annex to its budget.
7. In
the event of a Member, organisation or person providing a voluntary
contribution for the conduct of promotional action, the Council of Members
shall adopt the procedures governing the use of such resources within the
framework of a specific agreement between the International Olive Council and
the contributor.
8. The International Olive Council shall
be responsible for the technical execution of the promotional programs, which
it may also entrust to specialised bodies chosen
in accordance with the Rules of Procedure.
Article 31
International guarantee label of the International
Olive Council
The Council of Members may make provision for the application of the international quality guarantee label ensuring compliance with the international standards of the International Olive Council.
PART SIX – OTHER PROVISIONS
CHAPTER X – MISCELLANEOUS OBLIGATIONS
Article 32
General obligations
The Members undertake not to adopt any measures that conflict with their obligations under this Agreement or with the general objectives set forth in Article 1.
Article 33
Financial liability of Members
In accordance
with the general principles of law, the financial liability of each Member to
the International Olive Council and to other Members is limited to the extent
of its obligations under Article 15 concerning the contributions to the
budgets referred to in the same Article, and, as the case may be, under Article
16 referring to the administrative funds.
Article 34
Environmental and ecological aspects
Members
shall give due consideration to environmental and ecological aspects at all
stages of olive and olive oil production and undertake to implement such action
as may be deemed necessary by the Council of Members to improve or solve any
problems encountered in this sphere.
Article 35
Encouragement of international trade and
consumption
The Members
undertake to adopt all the appropriate measures to facilitate trade, encourage
consumption of olive oils and table olives and ensure the proper development of
the international trade in these products. To that end, they undertake to
conform to the principles, rules and guidelines they have approved in the
competent international fora.
Article 36
Information
The Members
undertake to make available and furnish to the International Olive Council all
the statistics, data and documentation which it needs to discharge its
functions under this Agreement, and in particular any information it requires
in order to establish the balances for olive oils, olive-pomace oils and table
olives and to acquire a knowledge of Members' national policies for olive
products.
CHAPTER XI – DISPUTES AND COMPLAINTS
Article 37
Disputes and complaints
1. Any
dispute which concerns the interpretation or application of this Agreement
other than a dispute under Article 23, and which is not settled by negotiation
shall, at the request of any Member which is a party to the dispute, be
referred to the Council of Members, which shall take a decision in the absence
of the Member concerned after seeking an opinion, where appropriate, from an
advisory panel, the composition and operational details of which shall be laid
down in the Rules of Procedure.
2. A substantiated opinion by the
advisory panel shall be submitted to the Council of Members, which shall in all
circumstances settle the dispute after considering all the relevant facts.
3. Any
complaint that a Member has failed to fulfil its obligations under this
Agreement shall, at the request of the Member making the complaint, be referred
to the Council of Members, which shall take a decision in the absence of the
Member in question after consulting the Members concerned and after seeking an
opinion, where appropriate, from the advisory panel referred to in paragraph 1
of this Article.
4. If the Council of Members finds that
a Member has committed a breach of this Agreement, it may either impose on that
Member sanctions, ranging from a simple warning to the suspension of the
Member's right to participate in decisions of the Council of Members until it
has met its obligations, or, in accordance with the procedure laid down in
Article 45, exclude the Member from participation in the Agreement. The Member
in question shall have the right of recourse in the final instance to the
International Court of Justice.
CHAPTER XII – FINAL PROVISIONS
Article 38
Depositary
The Government of Spain is hereby designated as the depositary of this Agreement.
Article 39
Signature, ratification, acceptance and approval
1. This
Agreement shall be open for signature at
2. Any Government referred to in paragraph 1 of this Article may:
(a) at the time of signing this Agreement, declare that by such signature it expresses its consent to be bound by this Agreement (definitive signature); or
(b) after signing this Agreement, ratify,
accept or approve it by the deposit of an instrument to that effect with the
depositary.
This Agreement shall be open for signature, ratification, acceptance or approval by the European Community.
3. Instruments
of ratification, acceptance or approval shall be deposited with the depositary.
Article 40
Accession
1. Any State may accede to this
Agreement upon conditions established by the International Olive
Council, acting through its Council of Members, which shall include a number of
participation shares and a time limit for the deposit of the instruments
of accession. The Council of Members may, however, grant extensions of
time to Governments which are unable to accede by the time limit set in the
conditions of accession. Upon accession, a State shall be deemed to be listed
in Annex A to this Agreement, together with its participation shares as
laid down in the conditions of accession.
This Agreement shall be open for accession by the European Community.
2. Accession shall be effected by the
deposit of an instrument of accession with the depositary. Instruments of
accession shall state that the Government accepts all the conditions
established by the International Olive Council.
Article 41
Notification of provisional application
1. A signatory Government which intends
to ratify, accept or approve this Agreement, or a Government for which the
Council of Members has established conditions for accession but which
has not yet been able to deposit its instrument, may, at any time, notify the
depositary that it will apply this Agreement provisionally when it enters into
force in accordance with Article 42,
or, if it is already in force, at a specified date.
2. A Government which has notified under
paragraph 1 of this Article that it will apply this Agreement when it enters
into force, or, if it is already in force, at a specified date shall, from that
time, be a provisional Member until it deposits its instrument of ratification,
acceptance, approval or accession and thus becomes a Member.
Article 42
Entry into force
1. This
Agreement shall enter into force definitively on the day when at least five
Governments among those mentioned in Annex A to this Agreement and accounting
for at least 90 per cent of the participation shares have signed this Agreement
definitively or have ratified, accepted or approved it, or acceded thereto.
2. If, on 1 January 2006, this
Agreement has not entered into force in accordance with paragraph 1 of this Article,
it shall enter into force provisionally if by that date five Governments
satisfying the percentage requirements of paragraph 1 of this Article have
signed this Agreement definitively or have ratified, accepted or approved it,
or have notified the depositary that they will apply this Agreement
provisionally.
3. If, on 1 January 2006, the
requirements for entry into force under paragraph 1 or paragraph 2 of this
Article have not been met, the depositary shall invite those Governments which
have signed this Agreement definitively or have ratified, accepted or approved
it, or have notified that they will apply this Agreement provisionally, to
decide whether to bring this Agreement into force definitively or provisionally
among themselves, in whole or in part, on such date as they may determine.
4. For any Government which has not
notified the depository under Article 41 that it will apply this Agreement
provisionally and which deposits an instrument of ratification, acceptance,
approval or accession after the entry into force of this Agreement, this
Agreement shall enter into force on the date of such deposit.
Article 43
Amendment
1. The
International Olive Council, acting through its Council of Members, may
recommend amendments of this Agreement to the Members.
2. The proposed amendment shall be
adopted by the Council of Members, in accordance with Article 9 of the
Agreement, and shall enter into force for all Members 90 days after the
depositary has received notification of the decision of the Council of Members.
Article 44
Withdrawal
1. Any Member may withdraw from this
Agreement at any time after the entry into force of this Agreement by giving
written notice of withdrawal to the depositary. The Member shall simultaneously
inform the International Olive Council in writing of the action it has taken.
2. Withdrawal under this Article shall
become effective 90 days after the notice is received by the depositary.
Article 45
Exclusion
Without prejudice to Article 37, if the Council of Members decides that any Member is in breach of its obligations under this Agreement and decides further that such breach significantly impairs the operation of this Agreement, it may, by reasoned decision of the other Members taken in the absence of the Member concerned, exclude that Member from this Agreement. The International Olive Council shall immediately notify the depositary of its decision. The Member in question shall cease to be a Party to this Agreement 30 days after the date of the decision of the Council of Members.
Article 46
Settlement of accounts
1. The Council of Members shall determine any settlement of accounts which it finds equitable, taking into account all the commitments entailing legal consequences for the International Olive Council and which would have repercussions on the contributions of a Member which has withdrawn from this Agreement or which has been excluded from the International Olive Council or has otherwise ceased to be a Party to this Agreement, as well as the time needed to ensure an adequate transition, in particular when such commitments have to be terminated.
Notwithstanding the provisions of the sub-paragraph above, such Member shall be bound to pay any amounts due from it to the International Olive Council in respect of the period during which it was a Member.
2. Upon
termination of this Agreement, no Member referred to in paragraph 1 of this
Article shall be entitled to any share of the proceeds of the liquidation or
the other assets of the International Olive Council; nor shall it be burdened
with any part of the deficit, if any, of the International Olive Council.
Article 47
Duration, prolongation, extension and termination
1. This Agreement shall remain in force
until
2. The International Olive Council,
acting through its Council of Members, may decide to prolong this Agreement for
not more than two periods of two
years each. Any Member which does not accept any such prolongation of
this Agreement shall so inform the International Olive Council and shall cease
to be a Party to this Agreement from the beginning of the period of prolongation.
3. If, before 31 December 2014, or
before the expiry of a period of prolongation referred to in paragraph 2 of
this Article, as the case may be, a new agreement or a protocol for the
extension of this Agreement has been negotiated but has not yet entered into
force either definitively or provisionally, this Agreement shall remain in
force beyond its expiry date until the new agreement or protocol enters into
force, provided that the period of such prolongation does not exceed 12 months.
4. The International Olive Council,
acting through its Council of Members, may at any time decide to terminate this
Agreement with effect from such date as it may determine.
5. Notwithstanding the expiry or
termination of this Agreement, the International Olive Council shall continue
in being for as long as may be necessary for the purpose of carrying out the
liquidation of the International Olive Council, including the settlement of
accounts, and shall have during that period such powers and functions as may be
necessary for these purposes.
6. The International Olive Council shall
notify the depositary of any decision taken under this Article.
Article 48
Reservations
No reservations may be made with respect to any of the provisions of this Agreement.
IN WITNESS WHEREOF the undersigned, being duly
authorised thereto, have affixed their signature under this Agreement on the
dates indicated.
DONE at