Rządowy projekt ustawy o ratyfikacji Międzynarodowej Umowy w sprawie Drewna Tropikalnego z 2006 r., sporządzonej w Genewie dnia 27 stycznia 2006 r.

obtain the data necessary for adequate information-sharing, including the
provision of resources for training and facilities to members.

6.
The results of the review shall be included in the corresponding Council
session reports.


CHAPTER IX. MISCELLANEOUS

Article 29
GENERAL OBLIGATIONS OF MEMBERS

1.
Members shall, for the duration of this Agreement, use their best
endeavours and cooperate to promote the attainment of its objectives and avoid
any action contrary thereto.

2.
Members undertake to accept and carry out the decisions of the Council
under the provisions of this Agreement and shall refrain from implementing
measures that would have the effect of limiting or running counter to them.


Article 30
RELIEF FROM OBLIGATIONS

1.
Where it is necessary on account of exceptional circumstances or
emergency or force majeure not expressly provided for in this Agreement, the
Council may, by special vote in accordance with article 12, relieve a member
of an obligation under this Agreement if it is satisfied by an explanation from
that member regarding the reasons why the obligation cannot be met.

2.
The Council, in granting relief to a member under paragraph 1 of this
article, shall state explicitly the terms and conditions on which, and the period
for which, the member is relieved of such obligation, and the reasons for which
the relief is granted.


Article 31
COMPLAINTS AND DISPUTES


Any member may bring to the Council any complaint that a member has
failed to fulfil its obligations under this Agreement and any dispute concerning
the interpretation or application of this Agreement. Decisions by the Council
on these matters shall be taken by consensus, notwithstanding any other
provision of this Agreement, and be final and binding.

– 25 –
Article 32
DIFFERENTIAL AND REMEDIAL MEASURES AND
SPECIAL MEASURES

1.
Consumer members that are developing countries whose interests are
adversely affected by measures taken under this Agreement may apply to the
Council for appropriate differential and remedial measures. The Council shall
consider taking appropriate measures in accordance with section III,
paragraphs 3 and 4, of resolution 93 (IV) of the United Nations Conference on
Trade and Development.

2.
Members in the category of least developed countries as defined by the
United Nations may apply to the Council for special measures in accordance
with section III, paragraph 4, of resolution 93 (IV) and with paragraphs 56 and
57 of the Paris Declaration and Programme of Action for the Least Developed
Countries for the 1990s.


Article 33
REVIEW


The Council may evaluate the implementation of this Agreement,
including the objectives and financial mechanisms, five years after its entry
into force.


Article 34
NON-DISCRIMINATION


Nothing in this Agreement authorizes the use of measures to restrict or
ban international trade in, and in particular as they concern imports of, and
utilization of, timber and timber products.


CHAPTER X. FINAL PROVISIONS

Article 35
DEPOSITARY


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


– 26 –
Article 36
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.


Article 37
ACCESSION

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.

– 27 –
Article 38
NOTIFICATION OF PROVISIONAL APPLICATION


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.


Article 39
ENTRY INTO FORCE

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 per
cent 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 per cent
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 per
cent 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 per cent
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.

– 28 –
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.


Article 40
AMENDMENTS

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 per cent 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 per cent 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.
– 29 –