2007/648/EC: Council Decision of 26 September 2007 on the… CHAPTER X — FINAL PROVISIONS

Article 35–Article 46 · 12 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Depositary

Article 35

The Secretary-General of the United Nations is hereby designated as the depositary of this Agreement.

Signature, ratification, acceptance and approval

1. This Agreement shall be open for signature, at United Nations Headquarters from 3 April 2006 until one month after the date of its entry into force, by Governments invited to the United Nations Conference for the Negotiation of a Successor Agreement to the International Tropical Timber Agreement, 1994. 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. 3. Upon signature and ratification, acceptance or approval, or accession, or provisional application, the European Community or any intergovernmental organization referred to in Article 5, paragraph 1, shall deposit a declaration issued by the appropriate authority of such organization specifying the nature and extent of its competence over matters governed by this Agreement, and shall inform the depositary of any subsequent substantial change in such competence. Where such organization declares exclusive competence over all matters governed by this Agreement, the Member States of such organization shall not take the actions under Article 36, paragraph 2, Article 37 and Article 38, or shall take the action under Article 41 or withdraw notification of provisional application under Article 38.

Accession

Article 37

1. This Agreement shall be open for accession by Governments upon conditions established by the Council, which shall include a time-limit for the deposit of instruments of accession. These conditions shall be transmitted by the Council to the Depositary. The Council may, however, grant extensions of time to Governments which are unable to accede by the time-limit set in the conditions of accession. 2. Accession shall be effected by the deposit of an instrument of accession with the depositary.

Notification of provisional application

Article 38

A signatory Government which intends to ratify, accept or approve this Agreement, or a Government for which the Council 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 in accordance with its laws and regulations, either when it enters into force in accordance with Article 39 or, if it is already in force, at a specified date.

Entry into force

Article 39

1. This Agreement shall enter into force definitively on 1 February 2008 or on any date thereafter, if 12 Governments of producers holding at least 60 % of the total votes as set out in Annex A to this Agreement and 10 Governments of consumers as listed in Annex B and accounting for 60 % of the global import volume of tropical timber in the reference year 2005 have signed this Agreement definitively or have ratified, accepted or approved it pursuant to Article 36, paragraph 2, or Article 37. 2. If this Agreement has not entered into force definitively on 1 February 2008, it shall enter into force provisionally on that date or on any date within six months thereafter if 10 Governments of producers holding at least 50 % of the total votes as set out in Annex A to this Agreement and seven Governments of consumers as listed in Annex B and accounting for 50 % of the global import volume of tropical timber in the reference year 2005 have signed this Agreement definitively or have ratified, accepted or approved it pursuant to Article 36, paragraph 2, or have notified the depositary under Article 38 that they will apply this Agreement provisionally. 3. If the requirements for entry into force under paragraph 1 or paragraph 2 of this Article have not been met on 1 September 2008, the Secretary-General of the United Nations shall invite those Governments which have signed this Agreement definitively or have ratified, accepted or approved it pursuant to Article 36, paragraph 2, or have notified the depositary that they will apply this Agreement provisionally, to meet at the earliest time practicable to decide whether to put this Agreement into force provisionally or definitively among themselves in whole or in part. Governments which decide to put this Agreement into force provisionally among themselves may meet from time to time to review the situation and decide whether this Agreement shall enter into force definitively among themselves. 4. For any Government which has not notified the depositary under Article 38 that it will apply this Agreement provisionally and which deposits its 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. 5. The Executive Director of the Organization shall convene the Council as soon as possible after the entry into force of this Agreement.

Amendments

Article 40

1. The Council may, by special vote in accordance with Article 12, recommend an amendment of this Agreement to members. 2. The Council shall fix a date by which members shall notify the depositary of their acceptance of the amendment. 3. An amendment shall enter into force 90 days after the depositary has received notifications of acceptance from members constituting at least two thirds of the producer members and accounting for at least 75 % of the votes of the producer members, and from members constituting at least two thirds of the consumer members and accounting for at least 75 % of the votes of the consumer members. 4. After the depositary informs the Council that the requirements for entry into force of the amendment have been met, and notwithstanding the provisions of paragraph 2 of this Article relating to the date fixed by the Council, a member may still notify the depositary of its acceptance of the amendment, provided that such notification is made before the entry into force of the amendment. 5. Any member which has not notified its acceptance of an amendment by the date on which such amendment enters into force shall cease to be a party to this Agreement as from that date, unless such member has satisfied the Council that its acceptance could not be obtained in time owing to difficulties in completing its constitutional or institutional procedures and the Council decides to extend for that member the period for acceptance of the amendment. Such member shall not be bound by the amendment before it has notified its acceptance thereof. 6. If the requirements for the entry into force of the amendment have not been met by the date fixed by the Council in accordance with paragraph 2 of this Article, the amendment shall be considered withdrawn.

Withdrawal

Article 41

1. A member may withdraw from this Agreement at any time after the entry into force of the Agreement by giving written notice of withdrawal to the depositary. That member shall simultaneously inform the Council of the action it has taken. 2. Withdrawal shall become effective 90 days after the notice is received by the depositary. 3. Financial obligations to the Organization incurred by a member under this Agreement shall not be terminated by its withdrawal.

Exclusion

Article 42

If the Council 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 special vote in accordance with Article 12, exclude that member from this Agreement. The Council shall immediately so notify the depositary. Six months after the date of the Council’s Decision, that member shall cease to be a party to this Agreement.

Settlement of accounts with withdrawing or excluded members or members unable to accept an amendment

Article 43

1. The Council shall determine any settlement of accounts with a member that ceases to be a party to this Agreement owing to: (a) non-acceptance of an amendment to this Agreement under Article 40; (b) withdrawal from this Agreement under Article 41; or (c) exclusion from this Agreement under Article 42. 2. The Council shall retain any assessments or contributions paid to the financial accounts established under Article 18 by a member that ceases to be a party to this Agreement. 3. A member that has ceased to be a party to this Agreement shall not be entitled to any share of the proceeds of liquidation or the other assets of the Organization. Nor shall such member be liable for payment of any part of the deficit, if any, of the Organization upon termination of this Agreement.

Duration, extension and termination

Article 44

1. This Agreement shall remain in force for a period of 10 years after its entry into force unless the Council, by special vote in accordance with Article 12, decides to extend, renegotiate or terminate it in accordance with the provisions of this Article. 2. The Council may, by special vote in accordance with Article 12, decide to extend this Agreement for two periods, an initial period of five years and an additional one of three years. 3. If, before the expiry of the 10-year period referred to in paragraph 1 of this Article, or before the expiry of an extension period referred to in paragraph 2 of this Article, as the case may be, the new Agreement to replace this Agreement has been negotiated but has not yet entered into force either definitively or provisionally, the Council may, by special vote in accordance with Article 12, extend this Agreement until the provisional or definitive entry into force of the new Agreement. 4. If the new Agreement is negotiated and enters into force during any period of extension of this Agreement under paragraph 2 or paragraph 3 of this Article, this Agreement, as extended, shall terminate upon the entry into force of the new Agreement. 5. The Council may at any time, by special vote in accordance with Article 12, decide to terminate this Agreement with effect from such date as it may determine. 6. Notwithstanding the termination of this Agreement, the Council shall continue in being for a period not exceeding 18 months to carry out the liquidation of the Organization, including the settlement of accounts, and, subject to relevant decisions to be taken by special vote in accordance with Article 12, shall have during that period such powers and functions as may be necessary for these purposes. 7. The Council shall notify the depositary of any Decision taken under this Article.

Reservations

Article 45

Reservations may not be made with respect to any of the provisions of this Agreement.

Supplementary and transitional provisions

Article 46

1. This Agreement shall be the successor to the International Tropical Timber Agreement, 1994. 2. All acts by or on behalf of the Organization or any of its organs under the International Tropical Timber Agreement, 1983, and/or the International Tropical Timber Agreement, 1994, which are in effect on the date of entry into force of this Agreement and the terms of which do not provide for expiry on that date shall remain in effect unless changed under the provisions of this Agreement.

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