Resolução da Assembleia da República n.º 146/2017
Resolução da Assembleia da República n.º 146/2017
Aprova as alterações ao Acordo Relativo à Criação do Fundo Comum para os Produtos de Base, adotadas pelo Conselho de Governadores em 10 de dezembro de 2014
A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar as alterações ao Acordo Relativo à Criação do Fundo Comum para os Produtos de Base, adotadas pelo Conselho de Governadores, em 10 de dezembro de 2014, cujo texto, na versão em língua inglesa, e respetiva tradução para língua portuguesa, se publica em anexo.
Aprovada em 3 de março de 2017.
O Presidente da Assembleia da República, Eduardo Ferro Rodrigues.
ANNEX V. DECISION CFC/GC/XXVI/1: AMENDMENTS TO THE AGREEMENT ESTABLISHING THE COMMON FUND FOR COMMODITIES
The Governing Council of the Common Fund for Commodities:
Reaffirming its commitment to the aims and objectives of the Common Fund for Commodities;
Exercising the powers vested in the Governing Council under article 51, paragraph 2, of the Agreement Establishing the Common Fund for Commodities;
Recalling the decision of the Governing Council at its Nineteenth Annual Meeting in November 2007 to conduct a series of consultations and discussions, as early as feasible, within the Common Fund for Commodities on the future role and mandate of the Fund and between the Fund and its clientele, particularly the International Commodity Bodies (ICBs), Regional Economic Communities (RECs) and other international institutions, in order to better serve the evolving requirements of commodity dependent countries;
Cognizant of the current challenges in commodity development and the changed context since the establishment of the Common Fund for Commodities and the need for attuning the organisation to the currently prevailing and emerging paradigm of commodity development;
Taking note of the desire of Members to further build upon the identity and expertise of the Common Fund for Commodities while improving its governance, efficiency, accountability and effectiveness;
Reiterating the need for strengthening the operational capacity and the financial base of the Common Fund for Commodities to continue its support to the commodity dependent developing countries through financing of commodity based development measures and actions;
Desirous of moving forward in the process of maintaining and strengthening the Common Fund for Commodities as an effective instrument of international cooperation in commodities delivering high impact results through its commodity based interventions;
Bearing in mind the need to strengthen the position of the Common Fund for Commodities as a reliable and effective development partner to other international organizations in the context of international development cooperation;
Having considered the recommendations of the 58th Meeting of the Executive Board following the Governing Council's request for the Executive Board "to work towards producing an agreed clean text of the recommended Draft Amendments to the Agreement Establishing the CFC for consideration by the Member States", such recommendations being based on those of the Open Transition Committee established by the Governing Council at its 25th Annual Meeting held in December 2013 "with the objective to produce a recommended agreed text of Amendments and to make a recommendation for the Executive Board on 6-7 May 2014", which integrate the core ideas encompassing the establishment of the Common Fund for Commodities while updating its structure and methods of work to the present international circumstances;
Bearing in mind that the process of review of the Agreement Establishing the CFC and proposal of amendments thereto was a work entrusted during 2013 by the Executive Board to the Open Ended Working Group established for such purposes, and as from December 2013 to the Open Transition Committee under the principle that no proposal for amendment should be deemed agreed until and unless all proposals were agreed;
Acknowledging therefore that the recommendations of the Executive Board are based on the understanding that all amendments recommended by the Board have been negotiated and formulated as a coordinated and consolidated set of amendments that should be adopted jointly by one Decision of the Governing Council;
Taking into account that the recommendations of the Executive Board include modifications of the procedure for amending the Agreement, and that pursuant to article 51, paragraph 3, subparagraph (e), any such amendment shall enter into force only subject to the acceptance thereof by all Members in accordance with the procedure prescribed under article 51, paragraph 3; and
Agreeing that as envisaged by the Executive Board all the recommended amendments to the Agreement shall be adopted jointly by one Decision and thus the entry into force of all amendments shall be subject to the provisions of article 51, paragraph 3, of the Agreement;
decides as follows:
1 - To adopt the following amendments to the Agreement Establishing the Common Fund for Commodities.
2 - The amendments shall, subject to the provisions of article 51, paragraph 3, of the Agreement, enter into force as of the date falling 13 months after the date of adoption of this Decision. Such period of time may, at the request of any Member, be extended by the Governing Council by a Highly Qualified Majority. The Managing Director shall inform all Members and the Depositary of the entry into force of the amendments.
For ease of reference, the text of the Agreement as it will read after the adoption of the amendments is annexed to this Decision.
In chapter i, "Definitions":
Article 1, presently reading as follows:
For the purpose of this Agreement:
1) 'Fund' means the Common Fund for Commodities established by this Agreement;
2) 'International Commodity Agreement or Arrangement' (hereinafter referred to as ICA) means any intergovernmental agreement or arrangement to promote international co-operation in a commodity, the parties to which include producers and consumers covering the bulk of world trade in the commodity concerned;
3) 'International Commodity Organization' (hereinafter referred to as ICO) means the organization established by an ICA to implement the provisions of the ICA;
4) 'Associated ICO' means an ICO which is associated with the Fund pursuant to article 7;
5) 'Associated Agreement' means the agreement entered into between an ICO and the Fund pursuant to article 7;
6) 'Maximum Financial Requirements' (hereinafter referred to as MFR) means the maximum amount of funds that may be drawn and borrowed by an Associated ICO from the Fund, to be determined in accordance with article 17, paragraph 8;
7) 'International Commodity Body' (hereinafter referred to as ICB) means a body designated in accordance with article 7, paragraph 9;
8) 'Unit of Account' means the unit of account of the Fund as defined in accordance with article 8, paragraph 1;
9) 'Usable Currencies' means (a) the deutsche mark, the French franc, the Japanese yen, the pound sterling, the United States dollar and any other currency which has been designated from time to time by a competent international monetary organization as being in fact widely used to make payments for international transactions and widely traded in the principal exchange markets, and (b) any other freely available and effectively usable currency which the Executive Board may designate by a Qualified Majority after the approval of the country whose currency the Fund proposes to designate as such. The Governing Council shall designate a competent international monetary organization under (a) above and shall adopt by a Qualified Majority rules and regulations regarding the designation of currencies under (b) above, in accordance with prevailing international monetary practice. Currencies may be removed from the list of Usable Currencies by the Executive Board by a Qualified Majority;
10) 'Directly Contributed Capital' means capital specified in article 9, paragraph 1, subparagraph (a), and paragraph 4;
11) 'Paid-in Shares' means the Shares of Directly Contributed Capital specified in article 9, paragraph 2, subparagraph (a), and article 10, paragraph 2;
12) 'Payable Shares' means the Shares of Directly Contributed Capital specified in article 9, paragraph 2, subparagraph (b), and article 10, paragraph 2, subparagraph (b);
13) 'Guarantee Capital' means capital provided to the Fund, pursuant to article 14, paragraph 4, by Members of the Fund participating in an Associated ICO;
14) 'Guarantees' means guarantees provided to the Fund, pursuant to article 14, paragraph 5, by participants in an Associated ICO which are not Members of the Fund;
15) 'Stock Warrants' means stock warrants, warehouse receipts or other documents of title evidencing ownership of commodity stocks;
16) 'Total voting power' means the sum of the votes held by all the Members of the Fund;
17) 'Simple Majority' means more than half of all votes cast;
18) 'Qualified Majority' means at least two thirds of all votes cast;
19) 'Highly Qualified Majority' means at least three fourths of all votes cast;
20) 'Votes cast' means affirmative and negative votes."
shall be amended so as to read:
For the purpose of this Agreement:
1) 'Capital' means capital of the Fund as specified in article 8, paragraph 1;
2) 'Financial Intervention' means any grant, loan or other credit instrument, investment in equity, debt or investment funds, or any other form of financial intervention or contribution, except loan guarantees, that the Governing Council shall approve on a general basis or that the Executive Board shall approve for any individual case, for financing by the Fund under its Operations Account activities;
3) 'Fund' means the Common Fund for Commodities established by this Agreement;
4) 'International Commodity Body' (hereinafter referred to as ICB) means a body designated by the Executive Board in accordance with the...
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