Agreement
establishing
the
International Organisation of Vine and Wine
Preamble
Through
an international Agreement concluded on 29 November 1924, the Governments of
Spain, France, Greece, Hungary, Italy, Luxembourg, Portugal and Tunisia
gathered to create an International Wine Office.
Following
a decision of its member states on 4 September 1958, the office was renamed
International Vine and Wine Office. This intergovernmental organisation has, at
the date of 3 April 2001, forty-five member states.
The
General Assembly of the International Vine and Wine Office, in its resolution
COMEX 2/97, made at its session of 5 December 1997, held in Buenos Aires
(Argentina), decided to proceed, as necessary, with the adaptation of the
International Vine and Wine Office to the new international environment. This
involved adapting its missions, its human, material and budgetary resources
and, as appropriate, its procedures and operating rules, in order to meet the
challenges and secure the future of the world vine and wine sector;
In
application of Article 7 of the above-mentioned Agreement the Government of the
French Republic, following a request from 36 member states, convened a
Conference of member states on 14, 15, 22 June 2000 and on 3 April 2001 in
Paris.
To
this end the member states of the International Vine and Wine Office, hereafter
referred to as the Parties, have agreed to the following:
Chapter
I – Objectives and Activities
Article
1
1. The „International Organisation of Vine
and Wine“ (O.I.V) is
hereby established. The O.I.V shall replace the International Vine and Wine
Office established by the Agreement of 29 November 1924, as amended, and shall
be subject to the provisions of the present Agreement.
2. The O.I.V
shall pursue its objectives and exercise its activities defined in Article 2.
The O.I.V shall be an intergovernmental organisation of a scientific and
technical nature of recognised competence for its work concerning vines, wine,
wine-based beverages, grapes, raisins and other vine products.
Article
2
1. In the
framework of its competence, the objectives of the O.I.V shall be as follows:
a) to inform its members of measures whereby the
concerns of producers, consumers and other players in the vine and wine
products sector may be taken into consideration;
b) to assist other international organisations,
both intergovernmental and non-governmental, especially those which carry out
standardisation activities;
c) to contribute to international harmonisation of
existing practices and standards and, as necessary, to the preparation of new
international standards in order to improve the conditions for producing and
marketing vine and wine products, and to help ensure that the interests of
consumers are taken into account.
2. To attain
these objectives, the O.I.V’s activities shall be:
a) to promote and guide scientific and technical
research and experimentation in order to meet the needs expressed by its
members, to assess the results, calling on qualified experts as necessary, and
where relevant to circulate the results by appropriate means;
b) to draw up and frame recommendations and
monitor implementation of such recommendations in liaison with its members,
especially in the following areas:
( i) conditions for grape production,
( ii) oenological practices,
( iii) definition and/or description of products,
labelling and marketing conditions,
( iv) methods for analysing and
assessing vine products;
c) to submit to its members all proposals relating
to:
( i) guaranteeing the authenticity of vine
products, especially with regard to consumers, in particular in connection with
the information provided on labels,
( ii) protecting geographical indications,
especially vine- and wine-growing areas and the related appellations of origin,
whether designated by geographical names or not, insofar as they do not call
into question international agreements relating to trade and intellectual
property,
( iii) improving scientific and technical
criteria for recognising and protecting new vitivinicultural plant varieties;
d) to contribute to the harmonisation and
adaptation of regulations by its members or, where relevant, to facilitate
mutual recognition of practices within its field of activities;
e) to mediate between countries or organisations
upon request, any expenses of mediation being borne by those making the
request;
f) to monitor, evaluate and inform its members in
good time of scientific or technical developments likely to have significant
and lasting effects on the wine sector;
g) to help protect the health of consumers and to
contribute to food safety:
( i) by specialist scientific monitoring, making
it possible to assess the specific characteristics of vine products,
( ii)
by promoting and guiding research into appropriate nutritional and
health aspects,
( iii)
by extending the dissemination of information resulting from such
research, beyond the recipients referred to in Article 2, paragraph n, to the
medical and healthcare professions;
h) to foster co-operation between members through:
( i) administrative collaboration,
( ii) the exchange of specific information,
( iii) the exchange of experts,
( iv) the provision of
assistance or expert advice, especially in the establishment of joint projects
and other collaborative research;
i) to take account in its activities of the
specific features of each of its members' systems for producing vine products
and methods for making wines and wine- and grape-based spirits;
j) to contribute to the development of training
networks relating to wine and vine products;
k) to contribute to the promotion or recognition
of the world vine- and wine-growing heritage and its historical, cultural,
human, social and environmental aspects;
l) to grant its patronage to public or private
events whose purpose, of a non-commercial nature, falls within its sphere of
competence;
m) to foster an appropriate dialogue in the
context of its work and, as necessary, with players in the sector, and to
conclude appropriate arrangements with them;
n) to gather, process and disseminate the most
appropriate information and to communicate it:
( i) to its members and observers,
( ii)
to other international organisations, both intergovernmental and
non-governmental,
( iii) to producers, consumers and other players in the vine
and wine sector,
( iv) to other interested countries,
( v) to the media and to the general public;
In
order to facilitate its role as a source of information and communication, the
O.I.V may ask its members, potential beneficiaries and, where relevant,
international organisations, to provide it with information and data on the
basis of reasonable requests;
o) to re-assess regularly the effectiveness of its
structures and working procedures.
Chapter II –
Organisation
Article 3
1. The organs
of the O.I.V shall be:
a) the General Assembly;
b) the President;
c) the Vice-Presidents;
d) the Director General;
e) the Executive Committee;
f) the Scientific and Technical Committee;
g) the Steering Committee;
h) Commissions,
sub-Commissions and groups of experts;
i) the Secretariat.
2. Each member
of the O.I.V shall be represented by delegates of its choice. The General
Assembly shall be the O.I.V's plenary body and shall be composed of the
delegates nominated by members. It may delegate some of its powers to the
Executive Committee, which shall comprise one delegate per member. The
Executive Committee may, under its authority, entrust some of its routine
administrative powers to the O.I.V Steering Committee, which shall comprise the
President and Vice-Presidents of the O.I.V and the Presidents of O.I.V
Commissions and Sub-Commissions. The President, the first Vice-President and
the Presidents of Commissions shall be of different nationalities.
3. The O.I.V
shall conduct its scientific activity through experts groups, sub-commissions
and commissions, co-ordinated by a Scientific and Technical Committee, within
the framework of a strategic plan approved by the General Assembly.
4. The Director
General shall be responsible for the internal administration of the O.I.V and
for the recruitment and management of the staff. The procedures for staff
recruitment shall ensure, as far as possible, the international character of
the organisation.
5. The O.I.V
may also include observers. Observers shall be admitted only after they agree
in writing to the provisions contained in this Agreement and in the Internal
Rules.
6. The
headquarters of the Organisation shall be in Paris (France).
Chapter
III – Voting Rights
Article
4
Each member
shall determine the number of its delegates but shall have only two basic votes
plus, where relevant, an additional number of votes calculated from objective
criteria that determine the relative position of each member state in the vine
and wine sector under the conditions set forth in Annexes 1 and 2 to this
Agreement, which form an integral part thereof. The sum of these two figures
shall constitute the number of weighted votes. The coefficient determining the
situation of each member state within the vine and wine sector shall be updated
on a regular basis in accordance with provisions in Annex 1.
Chapter
IV – Working Methods, Decision-making Processes
Article
5
1. The General
Assembly shall be the supreme organ of the O.I.V. It shall discuss and adopt
regulations relating to the organisation and working of the O.I.V and draft
resolutions of a general, scientific, technical, economic or legal nature, as
well as for the creation or discontinuance of Commissions and Sub-Commissions.
It shall decide the budget for receipts and expenditures within the limit of
existing appropriations, and shall audit and approve the accounts. The General
Assembly shall adopt co-operation and collaboration protocols on matters
relating to vine and wine products that the O.I.V may conclude with
international organisations. It shall meet once a year. Extraordinary sessions
may be convened at the request of one-third of O.I.V members.
2. Delegates
from one-third of the members representing at least half the weighted votes
must be present for sessions to be quorate. A member may be represented by the
delegation of another member, but a delegation may not represent more than one
member.
3. a) Consensus
shall be the normal method whereby the General Assembly shall adopt draft resolutions of a general, scientific,
technical, economic or legal nature, and for the creation or discontinuance of
Commissions and Sub-Commissions. The same shall be true for the Executive
Committee when it exercises its functions on these issues.
b) Consensus
shall not be required for the election of the President of the O.I.V, the
Presidents of Commissions and Sub-Commissions or for the Director General, nor
shall it apply to the budget or to member’s financial contributions. Moreover
it shall not apply to other
financial decisions as determined in the Internal Rules.
c) In cases where the General Assembly or
Executive Committee do not reach a consensus at the first instance on a draft
resolution or decision, the President shall take all initiatives to consult
members in the intervening period before the next General Assembly or Executive
Committee, in order to bring the points of view together. When all such efforts
to achieve consensus have been exhausted, the President shall take a vote on
the basis of a qualified majority, that being a vote of two thirds plus one of
members present or represented, on a one member one vote basis. Nevertheless,
the vote shall be postponed for a period of one year if a member considers that its essential national interests
are at risk. If the opposition is subsequently confirmed in writing by the
Minister of Foreign Affairs or any other competent political authority of the
member concerned, the vote shall not be taken.
4.
a) The O.I.V President, the Presidents of
Commissions and Sub-Commissions and the Director General shall be elected by a
weighted qualified majority vote, that is, two thirds plus one of the weighted
votes of members present or represented, provided that half plus one of the
members present or represented have voted for the candidate. Should these
conditions not be met, an extraordinary session of the General Assembly shall
be convened within a maximum of three months. The existing President,
Presidents of Commissions and Sub-Commissions and Director General shall remain
in office during the interim period, depending on the case.
b) The O.I.V President, the Presidents of the
Commissions and Sub-Commissions shall be elected for three-year terms. The
Director General shall be elected for a five-year term of office; the Director
General may be re-elected for a second five-year term under the same conditions
as for his or her election. The General Assembly may remove the Director
General, on the basis of both the weighted qualified majority and the majority
of member states used for his or her election.
5. A weighted
qualified majority vote, that being two thirds plus one of the weighted votes
of members present or represented, shall apply to votes on the budget or to
members' financial contributions.
The General Assembly shall nominate a financial auditor, under the same
conditions, on a joint proposal from the Director General and the O.I.V
Steering Committee with the favourable opinion of the Executive Committee.
6. The official
languages shall be French, Spanish and English. The corresponding funding shall
be determined according to Annex 2 to this Agreement. Nevertheless, the General
Assembly may adapt it, if necessary, under the conditions defined in Article 5,
paragraph 3.a. At the request of one or more members, other languages shall be
added according to the same methods of funding, notably Italian and German, in
order to improve communication between members. Beforehand, the concerned users
shall formally accept the new financial contributions that result from their
request. Beyond a total of five languages, any new request shall be submitted
to the General Assembly which shall take its decision in accordance with the
conditions defined in Article 5, paragraph 3.a. French shall remain the
reference language in the event of any dispute with third parties who are not
members of the Organisation.
7. The
constitutive bodies of the O.I.V shall function in an open and transparent
manner.
Chapter
V – Funding of the O.I.V
Article
6
1. Every member
of the O.I.V shall pay a financial contribution decided each year by the
General Assembly, the amount of which shall be determined by applying the
provisions of Annexes 1 and 2 to this Agreement. The General Assembly shall decide
the financial contribution of any new members on the basis of the provisions of
Annexes 1 and 2 to this Agreement.
2. The O.I.V’s
financial resources shall comprise the annual compulsory contribution of each
member and observer and income from its own activities. Compulsory payments
shall be paid to the O.I.V during the calendar year concerned. Beyond that
time, payment shall be deemed late.
3. The O.I.V’s
financial resources may also include voluntary contributions from its members,
donations, grants, subsidies or payments of any kind from international and
national organisations of a public, semi-public or private nature, provided
such payments are made in accordance with guidelines which shall be established
by the General Assembly in accordance with Article 5, paragraph 3.a and shall
be included in the Internal Rules.
Article
7
1. Should a
member fail to pay two contributions its voting rights and participation, in
the next Executive Committee meeting and General Assembly after such failure
has been ascertained, shall be automatically suspended. The Executive Committee
shall determine, on a case by case basis, the conditions under which the member
concerned may regularise its situation or, failing that, be deemed to have
denounced the Agreement.
2. In the case
that three successive contributions have not been paid, the Director General
shall notify the member or observer concerned of this situation. If the
situation is not regularised
during the two years following the thirty-first of December of the third year,
the member or the observer concerned shall be automatically excluded.
Chapter
VI – Participation of International Intergovernmental Organisations
Article
8
An
international intergovernmental organisation may participate in or be a member
of the O.I.V and may help to fund the O.I.V under conditions determined, on a
case by case basis, by the General Assembly on a proposal from the Executive
Committee.
Chapter
VII – Amendment and Revision of the Agreement
Article
9
1. Each member
may, by written communication to the Director General, propose amendments to
this Agreement. The Director General shall communicate these proposals to all Organisation
members. If, within six months from the date of the communication, one half
plus one of the members reply favourably to the proposal, the Director General
shall present it for adoption at the first General Assembly held after this
period. Amendments shall be adopted by consensus of the members present or
represented. Once adopted by the General Assembly, amendments shall be subject
to internal procedures for acceptance, approval or ratification set out in the
domestic legislation of members. Amendments shall enter into force thirty days
after the deposit of the instrument of acceptance, approval, ratification or
accession representing two thirds plus one of the members of the organisation.
2. This
Agreement shall be reviewed if two thirds plus one of members approve a request
to that effect. In such case, the Government of the French Republic shall
convene a conference of members within six months. The programme as well as the
revision proposed shall be provided to members at least two months before the
conference meets. The conference shall decide its own rules of procedure. The
Director General of the O.I.V shall act as Secretary General.
3. Before a
revised agreement enters into force, the General Assembly of the Organisation
shall define, under conditions determined by the present Agreement and by the
Internal Rules in Article 10, to what extent the members party to the present
Agreement, who have not deposited an instrument of acceptance, approval,
ratification or accession may participate in the O.I.V’s activities after it has entered into force.
Chapter
VIII – Internal Rules
Article
10
The General
Assembly shall adopt the O.I.V's Internal Rules setting out, as necessary, the
terms and conditions for implementation of this Agreement. Until this adoption,
the rules of the International Vine and Wine Office shall apply to the O.I.V. In particular, they shall
determine the remit and operating rules of the bodies referred to in the
foregoing Articles, the conditions under which observers may participate, the
conditions for examining the proposed reservations to the present Agreement and
the provisions for the administrative and financial management of the O.I.V.
They shall also describe the conditions for communicating documents,
particularly those concerning funding, to the members of the General Assembly
and the Executive Committee prior to making decisions.
Chapter
IX – Final Clauses
Article
11
The O.I.V shall
have legal personality, and shall be accorded by each of its members such legal
capacity as may be necessary for the exercise of its activities.
Article
12
Proposed
reservations to this Agreement may be formulated. They shall be accepted by the
General Assembly in accordance with the provisions of Article 5, paragraph 3.a.
Article
13
This Agreement
shall be open for signature by all Member States of the International Vine and
Wine Office until 31 July 2001. This Agreement shall be subject to acceptance,
approval, ratification or accession.
Article
14
Any state not
referred to in Article 13 of this Agreement may apply to become a member.
Applications for membership shall be made directly to the O.I.V, with a copy to
the Government of the French Republic, which shall notify signatories of, or
Parties to the Agreement of such applications. The O.I.V shall provide
information to its members concerning applications for membership and any
observations made. Members have six months in which to inform the O.I.V of
their opinion. The application shall be accepted if at the expiration of six
months from the date of notification a majority of members has not opposed it.
The depository shall notify the State of the outcome of its application. If the
application is successful, the State concerned shall have twelve months within
which to deposit its instrument of accession with the depository. States
referred to in Article 13 that have not signed this Agreement within the given
time limit may accede at any time.
Article
15
Instruments of
acceptance, approval, ratification or accession shall be deposited with the
Government of the French Republic, which shall notify signatories and Parties to this Agreement of these
instruments. Instruments of acceptance, approval, ratification or accession
shall be filed in the archives of the Government of the French Republic.
Article
16
1. This
Agreement shall enter into force on the first day of the year following the
deposit of the thirty-first instrument of acceptance, approval, ratification or
accession.
2. For each
State which accepts, approves or ratifies this Agreement or accedes to it
thereafter, this Agreement shall enter into force on the thirtieth day
following the deposit by this State of its instrument of acceptance, approval,
ratification or accession.
3. The General
Assembly of the International Vine and Wine Office shall define, under
conditions determined by the Agreement of 29 November 1924, as amended and by
the Rules of Procedure attached to it, to what extent the States which have not
deposited their instrument of acceptance, approval, ratification or accession,
may participate in O.I.V activities after the entry into force of this
Agreement.
Article
17
1. The
Agreement of 29 November 1924, as amended, shall be terminated by the unanimous
decision of the first General Assembly following the entry into force of this
Agreement, unless all Parties to the Agreement have unanimously agreed, prior
to the entry into force of this Agreement, on conditions for its termination.
2. The
„International Organisation of Vine and Wine“ shall replace the International
Vine and Wine Office with regard to all its rights and obligations.
Article
18
Any Party to
this Agreement may denounce it at any time with six months written notice sent
to the Director General of the O.I.V and the Government of the French Republic.
Observers may decide to withdraw with six months written notice sent to the
Director General of the O.I.V.
Article
19
The original of
this Agreement, of which the English, French, and Spanish texts are equally
authentic, shall be deposited with the Government of the French Republic.
In witness
whereof, the undersigned being duly authorised thereto by their Governments
have signed the Agreement establishing the „International Organisation of Vine
and Wine (O.I.V)
Done at Paris
on 3 April 2001.
Annex 1
referred to in Articles 4 and 6 of this Agreement
Method
for determining the position of each member state
in the vine and wine sector
1. Objective criteria determining the relative
position of each member state in the vine and wine sector:
a) Average
production of wines, special wines, musts, grape- or wine-based spirits
(expressed in wine equivalents) over the last five-year period for which
statistics are available, stripping out the two extreme values (P);
b) Average
total surface area of the vineyard in the last three-year period for which
statistics are available (S);
c) Average
apparent consumption of wine and wine equivalents over the last three years for
which statistics are available (C) = (P) production - E (exports)+ I (imports)
2. Formula for determining the coefficient for
each member state:
X % = |
( |
0,60 |
P (member state) |
+ 0.20 |
S (member state) |
+ 0,20 |
C (member state) |
) |
100 |
P (O.I.V
Total) |
S (O.I.V
Total) |
C (O.I.V
Total) |
3. The coefficient of each member state is
updated:
a) at the start of the budget year following the
accession of a new member;
b) every three years in light of the most recent
available statistics.
4. New members:
New
members joining the O.I.V in future years must pay a compulsory financial contribution
calculated according to the formula defined in the present Annex, with the
addition of their participation to the specific funding for languages, in the
conditions fixed in Annex 2.
Annex 2
referred to in Articles 4, 5 and 6 of this Agreement
Method
for determining member states' voting rights, compulsory financial
contributions and methods for language funding
1. Basic votes :
Each
member state has two basic votes.
2. Additional votes :
The
total number of additional votes is equal to half the total number of basic
votes. Up to such amount, additional votes are allocated as appropriate, in
addition to basic votes, to certain member states according to their relative
position in the vine and wine
sector, according to the formula given in Annex 1.
3. Weighted votes :
The
number of each member state's weighted votes is equal to the sum of its basic
votes and additional votes, if any.
4. Allocation of compulsory contributions :
The
total amount of compulsory contributions
to be paid by members is calculated on the basis of the budget adopted by the
General Assembly.
One-third
of the total amount of compulsory contributions is divided equally between the
basic votes.
Two-thirds
of the total amount of compulsory contributions are divided in proportion to
additional votes.
In
order to facilitate the transition between
the former and present Agreement, the financial contribution corresponding to
the two basic votes of each member state may not be lower, for the first budget
year, than the „Unit of contribution“ prior to the present Agreement entering
into force. If necessary, the amount of financial contributions for additional
votes are adjusted consequently to reach the total amount of compulsory
contributions fixed by the adopted budget.
5. Funding of languages :
The
funding of languages is fully provided for in the general budget of the O.I.V
and without any specific contribution by each linguistic group composed of
members and observer users.
The
detailed arrangements for implementing languages shall be determined by
appropriate provisions in the Internal Rules.