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

(n)
Strengthening the capacity of members to improve forest law
enforcement and governance, and address illegal logging and related trade in
tropical timber;


(o)
Encouraging information sharing for a better understanding of
voluntary mechanisms such as, inter alia, certification, to promote sustainable
management of tropical forests, and assisting members with their efforts in this
area;


(p)
Promoting access to, and transfer of, technologies and technical
cooperation to implement the objectives of this Agreement, including on
concessional and preferential terms and conditions, as mutually agreed;


(q)
Promoting better understanding of the contribution of non-timber
forest products and environmental services to the sustainable management of
tropical forests with the aim of enhancing the capacity of members to develop
strategies to strengthen such contributions in the context of sustainable forest
management, and cooperating with relevant institutions and processes to this
end;


(r)
Encouraging members to recognize the role of forest-dependent
indigenous and local communities in achieving sustainable forest management
and develop strategies to enhance the capacity of these communities to
sustainably manage tropical timber producing forests; and


(s)
Identifying and addressing relevant new and emerging issues.


CHAPTER II. DEFINITIONS

Article 2
DEFINITIONS


For the purposes of this Agreement:

1.
“Tropical timber” means tropical wood for industrial uses, which grows
or is produced in the countries situated between the Tropic of Cancer and the
Tropic of Capricorn. The term covers logs, sawnwood, veneer sheets and
plywood;

2. “Sustainable
forest
management”
will be understood according to the
Organization’s relevant policy documents and technical guidelines;

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3.
“Member” means a Government, the European Community or any
intergovernmental organization referred to in article 5, which has consented to
be bound by this Agreement whether it is in force provisionally or definitively;

4.
“Producer member” means any member situated between the Tropic of
Cancer and the Tropic of Capricorn with tropical forest resources and/or a net
exporter of tropical timber in volume terms which is listed in Annex A and
which becomes a party to this Agreement, or any member with tropical forest
resources and/or a net exporter of tropical timber in volume terms which is not
so listed and which becomes a party to this Agreement and which the Council,
with the consent of that member, declares to be a producer member;

5.
“Consumer member” means any member which is an importer of
tropical timber listed in Annex B which becomes a party to this Agreement, or
any member which is an importer of tropical timber not so listed which
becomes a party to this Agreement and which the Council, with the consent of
that member, declares to be a consumer member;

6. “Organization”
means
the
International Tropical Timber Organization
established in accordance with article 3;

7.
“Council” means the International Tropical Timber Council established
in accordance with article 6;

8.
“Special vote” means a vote requiring at least two thirds of the votes
cast by producer members present and voting and at least 60 per cent of the
votes cast by consumer members present and voting, counted separately, on
condition that these votes are cast by at least half of the producer members
present and voting and at least half of the consumer members present and
voting.

9. “Simple
distributed
majority vote” means a vote requiring more than
half of the votes cast by producer members present and voting and more than
half of the votes cast by consumer members present and voting, counted
separately;

10.
“Financial biennium” means the period from 1 January of one year to
31 December of the following year.

11.
“Freely convertible currencies” means the euro, the Japanese yen, the
pound sterling, the Swiss franc, 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.
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12.
For purposes of the calculation of the distribution of votes under article
10, paragraph 2(b), “tropical forest resources” means natural closed forests and
forest plantations located between the Tropic of Cancer and the Tropic of
Capricorn.


CHAPTER III. ORGANIZATION AND ADMINISTRATION

Article 3
HEADQUARTERS AND STRUCTURE OF THE
INTERNATIONAL TROPICAL TIMBER
ORGANIZATION

1.
The International Tropical Timber Organization established by the
International Tropical Timber Agreement, 1983 shall continue in being for the
purposes of administering the provisions and supervising the operation of this
Agreement.

2.
The Organization shall function through the Council established under
article 6, the committees and other subsidiary bodies referred to in article 26
and the Executive Director and staff.

3.
The headquarters of the Organization shall at all times be located in the
territory of a member.

4.
The headquarters of the Organization shall be in Yokohama, unless the
Council, by special vote in accordance with article 12, decides otherwise.

5.
Regional offices of the Organization may be established if the Council
so decides by special vote in accordance with article 12.


Article 4
MEMBERSHIP IN THE ORGANIZATION


There shall be two categories of membership in the Organization,
namely:

(a)
Producer;
and

(b)
Consumer.


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Article 5
MEMBERSHIP BY INTERGOVERNMENTAL
ORGANIZATIONS

1.
Any reference in this Agreement to “Governments” shall be construed as
including the European Community and other intergovernmental organizations
having comparable responsibilities in respect of the negotiation, conclusion
and application of international agreements, in particular commodity
agreements. Accordingly, any reference in this Agreement to signature,
ratification, acceptance or approval, or to notification of provisional
application, or to accession shall, in the case of such organizations, be
construed as including a reference to signature, ratification, acceptance or
approval, or to notification of provisional application, or to accession, by such
organizations.

2.
In the case of voting on matters within their competence, the European
Community and other intergovernmental organizations referred to in paragraph
1 shall vote with a number of votes equal to the total number of votes
attributable to their member States which are parties to the Agreement in
accordance with article 10. In such cases, the member States of such
organizations shall not be entitled to exercise their individual voting rights.


CHAPTER IV. INTERNATIONAL TROPICAL
TIMBER COUNCIL

Article 6
COMPOSITION OF THE INTERNATIONAL
TROPICAL TIMBER COUNCIL

1.
The highest authority of the Organization shall be the International
Tropical Timber Council, which shall consist of all the members of the
Organization.

2.
Each member shall be represented in the Council by one representative
and may designate alternates and advisers to attend sessions of the Council.

3.
An alternate shall be empowered to act and vote on behalf of the
representative during the latter’s absence or in special circumstances.


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Article 7
POWERS AND FUNCTIONS OF THE COUNCIL


The Council shall exercise all such powers and perform or arrange for
the performance of all such functions as are necessary to carry out the
provisions of this Agreement. In particular, it shall:


(a)
By special vote in accordance with article 12, adopt such rules
and regulations as are necessary to carry out the provisions of this Agreement
and as are consistent therewith, including its own rules of procedure and the
financial rules and staff regulations of the Organization. Such financial rules
and regulations shall, inter alia, govern the receipt and expenditure of funds
under the accounts established in article 18. The Council may, in its rules of
procedure, provide for a procedure whereby it may, without meeting, decide
specific questions;


(b)
Take such decisions as are necessary to ensure the effective and
efficient functioning and operation of the Organization; and


(c)
Keep such records as are required for the performance of its
functions under this Agreement.


Article 8
CHAIRMAN AND VICE-CHAIRMAN OF THE COUNCIL

1.
The Council shall elect for each calendar year a Chairman and a Vice-
Chairman, whose salaries shall not be paid by the Organization.

2.
The Chairman and the Vice-Chairman shall be elected, one from among
the representatives of producer members and the other from among the
representatives of consumer members.

3.
These offices shall alternate each year between the two categories of
members, provided, however, that this shall not prohibit the re-election of
either or both, under exceptional circumstances.

4.
In the temporary absence of the Chairman, the Vice-Chairman shall
assume the functions of the Chairman. In the temporary absence of both the
Chairman and the Vice-Chairman, or in the absence of one or both of them for
the rest of the term for which they were elected, the Council may elect new
officers from among the representatives of the producer members and/or from
among the representatives of the consumer members, as the case may be, on a
temporary basis or for the rest of the term for which the predecessor or
predecessors were elected.
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