PROTOCOLS FOR THE EXTENSION OF THE WHEAT TRADE CONVENTION AND FOOD AID CONVENTION CONSTITUTING THE INTERNATIONAL WHEAT AGREEMENT, 1971

PREAMBLE

　The Governments participating in the Conference to establish the texts of the Protocols for the 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 and 1971,

　Considering that the International Wheat Agreement, 1971, consisting of two separate legal instruments, the Wheat Trade Convention, 1971 and the Food Aid Convention, 1971, will expire on 30 June 1974,

　Have established the texts of Protocols for the Extension of the Wheat Trade Convention, 1971 and for the Extension of the Food Aid 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 expires on 30 June 1974.

　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 1975, provided that, if a new international agreement covering wheat enters into force before 30 June 1975, 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 the inoperative with effect from 1 July 1974:

(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 2 April 1974 until and including 22 April 1974 by Governments of countries party to the Convention, or which are provisionally regarded as Party to the Convention, on 2 April 1974, 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 18 June 1974, 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 18 June 1974 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 18 June 1974 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 Government 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 18 June 1974, as follows:

(a) on 19 June 1974, with respect to all provisions of the Convention, other than Articles 3 to 9 inclusive and Article 21 and

(b) on 1 July 1974, 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 18 June 1974 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 19 June 1974 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 Government under paragraph (1) or (3) of this Article.

(3) If this Protocol does not enter into force in accordance with paragraph (1) of this Article, the Government 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 thereof to each signatory and acceding party and to the Executive Secretary of the Council.

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 protocols to extend 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.

　FOR ALGERIA:

　FOR ARGENTINA:
Alejandro Orfila 19 April 1974.

　FOR AUSTRALIA:
Patrick Shaw 18 April 1974

　FOR AUSTRIA:
Arno Halusa April 18, 1974

　FOR BARBADOS:

　FOR BELGIUM:
Walter Loridan 22 avril 1974.

　FOR BOLIVIA:

　FOR BRAZIL:
C Diniz April 22, 1974

　FOR BULGARIA:

　FOR CANADA:
M Cadieux April 19, 1974.

　FOR CHINA:

　FOR COLOMBIA:

　FOR COSTA RICA:

　FOR CUBA:
Vincent Buzek Washington April 19, 1974

　FOR DENMARK:
C U Haxthausen Washington, D.C. April 22, 1974

　FOR THE DOMINICAN REPUBLIC:

　FOR ECUADOR
Alberto Quevedo-Toro April/22/1974

　FOR EGYPT:

　FOR EL. SALVADOR:

　FOR THE EUROPEAN ECONOMIC COMMUNITY:
Hans otto Krag April 22, 1974.

　FOR FINLAND:
Leo Tuominen April l7th, 1974

　FOR FRANCE:
Jacques Kosciusko-Morizet Washington le 22 Avril 1974

　FOR THE FEDERAL REPUBLIC OF GERMANY:
Hans H. Noebe 22, April 1974

　FOR GREECE:
Dr. Constantine P. Panayotacos April 22, 1974

　FOR GUATEMALA:

　FOR INDIA:
Triloki Nath Kaul  April 17, 1974.

　FOR INDONESIA:

　FOR IRAN:

　FOR IRAQ:
Dr Salim Mansoor April, 22, 1974

　FOR IRELAND:
J G Molloy April, 22, 1974

　FOR ISRAEL:
M. Naveh Apr. 19, 1974

　FOR ITALY:
Egidio Ortona April, 22, 1974

　FOR JAPAN:
Takeshi Yasukawa April. 19, 1974

　FOR KENYA:
L. O. Kibinge 19th April 1974

　FOR THE REPUBLIC OF KOREA:
Pyong-Choon Hahm

　FOR KUWAIT:

　FOR LEBANON:

　FOR LIBYA:

　FOR LUXEMBOURG:
Jean Wagner                      Washington le 22 avril 1974

　FOR MALTA:

　FOR MAURITIUS:
Pierre Guy Girald Balancy        April 8th 1974.

　FOR MEXICO:

　FOR MOROCCO:

　FOR THE KINGDOM OF THE NETHERLANDS:
R B van Lynden                   April 22d 1974

　FOR NIGERIA:

　FOR NORWAY:
S Ch Sommerfelt                  22nd April 1974

　FOR PAKISTAN:
Yaqub Khan                       17th April 1974

　FOR PANAMA:

　FOR PERU:

　FOR PORTUGAL:
Joao Hall Themido                18th April, 1974

　FOR SAUDI ARABIA:

　FOR SOUTH AFRICA:
J. S. F. Botha                   19th April 1974.

　FOR SPAIN:
Joaquin Cervino                  22nd April 1974

　FOR SRI LANKA:

　FOR SWEDEN:
Leif Leifland        April 9, 1974

　FOR SWITZERLAND:
22 April 1974           F. Schnyder

　sous reserve de ratification

　FOR THE SYRIAN ARAB REPUBLIC:

　FOR TRINIDAD AND TOBAGO:
Cuthbert Joseph                  18 April 1974

　FOR TUNISIA:
Hedda                            19 April 1974.

　FOR TURKEY:

　FOR THE UNION OF SOVIET SOCIALIST REPUBLICS:
A. Dobrynin                      22 April 1974

　FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:
Peter E. Ramsbotham              Washington　22 April 1974

　FOR THE UNITED STATES OF AMERICA:
J Phil Campbell                  22 April 1974

　FOR UNIGUAY:

　FOR THE VATICAN CITY STATE:
+ Jean Jadot                     April 22. 1974

　FOR VENEZUELA:
Andres Aguilar M                   April 22, 1974

　The Parties to this Protocol,

　Considering that the Food Aid Convention, 1971 (hereinafter referred to as "the Convention") of the International wheat Agreement, 1971 expires on 30 June 1974,

　Have agreed as follows:

ARTICLE I Extension, expiry and termination of the Convention

　Subject to the provisions of Article II of this Protocol, the Convention shall continue in force between the parties to this Protocol until 30 June 1975, provided that, if a new agreement covering food aid enters into force before 30 June 1975 this Protocol shall remain in force only until the date of entry into force of the new agreement.

ARTICLE II Inoperative provisions of the Convention

　The provisions of paragraphs (1-), (2) and (3) of Article II, of paragraph (1) of Article III, and of Articles VI to XIV, inclusive, of the Convention shall be deemed to be inoperative with effect from 1 July 1974.

ARTICLE III International food aid

(1) The parties to this Protocol agree to contribute as food aid to the developing countries, wheat, coarse grains of products derived therefrom, suitable for human consumption and of as acceptable type and quality, or the cash equivalent thereof, in the minimum annual amounts specified in paragraph (2) below.

(2) The minimum annual contribution of each party to this Protocol is fixed as follows:

　                            Metric tons

　Argentina                    23,000

　Australia                   225,000

　Canada                      495,000

　Finland                      14,000

　Japan                       225,000

　Sweden                       35,000

　Switzerland                  32,000

　United States of America  1,890,000

(3) For the purpose of the operation of this Protocol, any party which has signed this Protocol pursuant to paragraph (2) Article V thereof, or which ha6 acceded to this protocol pursuant to the appropriate provisions of Article VII thereof, shall be deemed to be listed in Paragraph (2) of Article III of this Protocol together with the minimum contribution of such Party a determined in accordance with the relevant provisions of Article or Article VII of this protocol.

ARTICLE IV Food Aid Committee

　There shall be established a Food Aid Committee whose membership shall consist of the parties listed in paragraph (2) of Article III of this Protocol and of those others that become parities to this Protocol. The Committee shall appoint a Chairman and a Vice-Chairman.

ARTICLE V Signature

(1) This Protocol shall be open for signature in Washington From 2 April 1974 until and including 22 April 1974 by the Governments of Argentina, Australia, Canada, Finland, Japan, Sweden Switzerland and the United States of America, provided that they Sign both this Protocol and the Protocol to extend the Wheat Trade Convention, 1971

(2) This Protocol shall also be open for signature, oh the same conditions, to parties to the Food Aid Convention, i967 or to the Food Aid Convention, 1971, and to those provisionally regarded as Parties to the Food Aid Convention, 1971, which are not enumerated in paragraph (1) of this Article, provided that their contribution is at least equal to that which they agreed to make in the Food Aid Convention, 1967 or, subsequently, in the Food Aid Convention, 1971.

ARTICLE VI Ratification, acceptance, approval or conclusion

　This Protocol shall be subject to ratification, acceptance, approval or conclusion by each signatory in accordance with its constitutional or institutional procedures, provided that it also ratifies, accept6, approves or concludes the Protocol to extend the Wheat Trade Convention, 1971. Instruments of ratification, acceptance, approval or conclusion shall be deposited with the Government of the United States of America not later than 18 June loo4, except that the Food Aid Committee may grant one or more extensions of time to any signatory that has not deposited its instrument of ratification, acceptance, approval or conclusion by that date.

ARTICLE VII Accession

(1) This Protocol shall be open for accession by any party referred to in Article V of this Protocol, provided it also accedes to the Protocol to extend the wheat Trade Convention, 1971 and provided further that in the case of parties referred to in paragraph (2) of Article V their contribution is at least equal to that which they agreed to rake in the Food Aid Conversion, 1967 or, subsequently, in the Food Aid Convention, 1971. Instruments of accession under this paragraph Shall be deposited not later than 18 June 1974, except that the Food Aid Committee may grant one or more extensions of time to any party that has not deposited its instrument of accession by that date.

(2) The Food Aid Committee may approve accession to this Protocol, as a donor, by the Government of any member of the United nations, of its specialized agencies or of the International Atomic Energy Agency, on such conditions as the Food Aid Committee considers appropriate. provided that the Government also accedes at the same time to the Protocol to extend the Wheat Trade Convention, 1971, if not already a party to it.

(3) Accession shall be effected by the deposit of an instrument of accession with the Government of the United States of America.

ARTICLE VIII Provisional application

　Any party referred to in Article V of this Protocol may deposit with the Government of the United States of America a declaration of provisional application of this Protocol, provided it also deposits a declaration of provisional application of the Protocol to extend the Wheat Trade Convention, 1971. Any other party whose application for accession is approved may also deposit with the Government of the United States of America a declaration of provisional application, provided that the party also deposits a declaration of provisional application of the Protocol to extend the Wheat Trade Convention, 1971, unless it is already a party to that Protocol or has already deposited a declaration of provisional application of that Protocol. Any such party depositing such a declaration shall provisionally apply this Protocol and be provisionally regarded as a party thereto.

ARTICLE IX Entry into force

(1) This Protocol shall enter into force for those parties that have deposited instruments of ratification, acceptance, approval, conclusion or accession

(a) on 19 June 1974 with respect to all provisions other than Article II of the Convention and Article III of the Protocol, and

(b) on 1 July 1974 with respect to Article II of the Convention and Article III of the Protocol

　provided that all Governments listed in paragraph (1) of Article V of this Protocol have deposited such instruments or a declaration of provisional application by 18 June 1974 and that the Protocol to extend the Wheat Trade Convention, 1971 is in force. For any other party that deposits an instrument of ratification, acceptance, approval, conclusion or accession after the entry into force of the Protocol, this Protocol shall enter into force on the date of such deposit.

(2) If this Protocol does not enter into force in accordance with the provisions of paragraph (1) of this Article, the parties which by 19 June 1974 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 parties that have deposited instruments of ratification, acceptance, approval, conclusion or accession, or declarations of provisional application, provided that the Protocol to extend the Wheat Trade Convention, 1971 is in force, or they may take whatever other action they consider the situation requires.

ARTICLE X Notification by depositary Government

　The Government of the United states of America as the depositary Government shall notify all signatory and acceding parties of each signature, ratification, acceptance, approval, conclusion, provisional application of, and accession to this Protocol.

ARTICLE XI 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 XII Relationship of Preamble to Protocol

　This Protocol includes the Preamble to the Protocols to extend 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 all 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.

　FOR ARGENTINA:
Alejandro Orfila 19 April 1974.

　FOR AUSTRALIA:
Patrick Shaw 18 April 1974

　FOR BELGIUM:

　FOR CANADA:
M Cadieux April 19 1974

　FOR DENMARK:

　FOR THE EUROPEAN ECONOMIC COMMUNITY:

　FOR FINLAND:
Leo Tuominen April 17th, 1974

　FOR FRANCE:

　FOR THE FEDERAL REPUBLIC OF GERMANY:

　FOR IRELAND:

　FOR ITALY:

　FOR JAPAN:

　With a reservation to Article III
 Takeshi Yasukawa April 19, 1974

　"The Government of Japan reserves the right to discharge its obligations under Article III of this Protocol by providing assistance in the form of rice, not excluding rice produced in non-member developing countries, or, if requested by recipient countries, in the form of agricultural materials."

　FOR LUXEMBOURG:

　FOR THE KINGDOM OF THE NETHERLANDS:

　FOR NORWAY:

　FOR SWEDEN:
Leif Leifland April 17, 1974

　FOR SWITZERLAND:
22 April 1974 F. Schnyder

　Sous reserve de ratification.

　Cette signature est donnee dans l'attente que tous les pays parties a la Convention de 1971 y souscriront et cela dans la meme mesure que jusqu'a present.

　FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

　FOR THE UNITED STATES OF AMERICA:
J. phil Campbell 22 April 1974