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Act 1514 2012

Original Language Title: LEY 1514 de 2012

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ACT 1514

(February 6)

Official Journal No. 48.335 of 6 February 2012

CONGRESS OF THE REPUBLIC

By means of which the "Convention for the Constitution of an International Organization of Legal Metrology", signed in Paris, on October 12, 1955, amended in 1968 by amendment of Article XIII, is approved provisions of Article XXXIX.

Effective Case-law

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the Convention for the Constitution of an International Organization of Legal Metrology signed in Paris on 12 October 1955, as amended in 1968 by amendment of Article XIII in accordance with the provisions of the of Article XXXIX, which to the letter reads:

(To be transcribed: photocopy of the full text of the above International Instruments is attached).

Organisation Internationale de Metrologie Legale

International Organization of Legal Metrology

CONVENTION TO CONSTITUTE AN INTERNATIONAL ORGANIZATION OF LEGAL METROLOGY

Signed in Paris, October 12, 1955

Modified in 1968 by Amendment of Article XIII in accordance with the provisions of Article XXXIX)

The States participating in this Convention, eager to resolve in the international arena the technical and administrative problems concerning the use of measuring instruments and aware of the importance of coordination of their efforts to achieve this, they will agree to create an international Legal Metrology Organization defined as follows:

TITLE I.

OBJECT OF THE ORGANIZATION.

ARTICLE I.

An International Organization of Legal Metrology will be established.

This Organization will have the object:

1o Formar a documentation and information center:

-On the one hand, on the different national services that will be responsible for the verification and control of the measuring instruments subject, or liable to be subject to legal regulation;

-On the other hand, on the above mentioned measuring instruments from the point of view of their conception, construction and use;

2o Translate and edit the texts of the legal prescriptions concerning the measuring instruments and their current use in the different States, with all the comments based on the constitutional law and the administrative law of These States, which are necessary for the complete understanding of these requirements;

3o Determine the general principles of legal metrology;

4. To study, with a view to the unification of methods and regulations, the legislative and regulatory problems of legal metrology, the solution of which will be of international interest;

5o Establish a draft law and standard regulations on measuring instruments and their use;

6o Develop a project of material organization of a pilot verification and control of measuring instruments;

7o Set out the necessary and sufficient characteristics and qualities to which the measuring instruments must respond to be approved by the Member States and to enable their employment to be recommended in the international arena;

8o Promote the relations between the services of Pesos and Measures or other services entrusted to the legal Metrology of each of the Member States of the Organization.

TITLE II.

ORGANIZATION CONSTITUTION.

ARTICLE II.

Members of the Organization shall be the States participating in this Convention.

ARTICLE III.

The Organization will understand:

-an International Conference of Legal Metrology,

-an International Committee on Legal Metrology,

-an International Office of Legal Metrology,

which will be described below.

International Conference on Legal Metrology

ARTICLE IV.

The Conference will have as its object:

1o Study matters concerning the purposes of the Organization and take all relevant decisions;

2o Ensure the constitution of the managing bodies called to carry out the work of the Organization.

3o Study and sanction the reports issued as the conclusion of their work by the various bodies of legal metrology created in accordance with this Convention.

All matters relating to the legislation and administration of a particular State shall be excluded from the jurisdiction of the Conference, unless expressly requested by this State.

ARTICLE V.

States participating in this Convention shall be a member of the Conference as members, and shall be represented in the manner provided for in Article VII, and shall be subject to the obligations defined by the Convention.

Regardless of the members, they may be part of the Conference, as special Enviados:

1o States or territories that may not or may not wish to participate in the Convention at that time;

2or International Unions pursuing an activity related to that of the Organization.

Special Enviados will not be represented in the Conference, but they will be able to delegate to observers who will have simply a consultative voice. They will not have to pay the shares of the Member States, but they will have to pay the costs of providing services which they request and cancel the subscription to the publications of the Organization.

ARTICLE VI.

Member States shall undertake to provide the Conference with all the documents in their possession and which, in their view, may enable the Organization to carry out the tasks it is responsible for.

ARTICLE VII.

Member States shall delegate, for meetings of the Conference, official representatives, with a maximum of three. If possible, one of them must be an active official in the service of Pesos and Measures, or another Service that will be in charge of legal Metrology.

Only one of them will have the right to vote.

These delegates will not have to enjoy "full powers" except, at the request of the Committee, in exceptional cases and for specific matters.

Each State shall bear the costs relating to its representation within the Conference.

Members of the Committee who have not been appointed by their Government shall be entitled to take part in meetings with a consultative voice.

ARTICLE VIII.

The Conference will decide on the Recommendations for a common action of the Member States in the fields mentioned in Article I.

The decisions of the Conference may be applicable only if the number of Member States present is at least equal to two thirds of the total number of Member States and if they have obtained at least four fifths of the of the actual votes. The number of effective votes shall be at least equal to the four fifths of the number of Member States present.

Not to be considered as effective votes, abstentions and blank or null votes.

Decisions shall be immediately communicated to the Member States for information, study and recommendation.

These will take the moral commitment to implement these decisions as far as possible.

However, for any vote concerning the organization, management, administration, and rules of procedure of the Conference, the Committee, the Office and any similar matter, the absolute majority shall be sufficient to immediately implement the the decision taken, if the minimum number of members and the actual number of votes are the ones mentioned above. The vote of the Member State whose delegate will take the chair is decisive in the event of a tie.

ARTICLE IX.

The Conference shall elect a President and two Vice-Presidents for the duration of each of its sessions, and as an assistant, as Secretary, the Director of the Office.

ARTICLE X.

The Conference shall meet at least every six years at the invitation of the President of the Committee or, in the event of an impediment, by that of the Director of the Office, if this is subject to a request from at least half of the Members of the Committee.

The Conference shall, at the end of its work, fix the place and date of its next meeting, or delegate to the Committee for such purposes.

ARTICLE XI.

The official language of the Organization will be French.

However, the Conference may provide for the use of one or more languages for work and discussion.

INTERNATIONAL LEGAL METROLOGY COMMITTEE

ARTICLE XII.

The tasks provided for in Article I will be undertaken and pursued by an International Committee of Legal Metrology, the Conference's working body.

ARTICLE XIII.

The Committee shall be composed of a representative of each of the Member States of the Organization.

These representatives will be appointed by the Government of your country.

They must be active officials of the Service that is responsible for the instrument of measures or have active official functions in the field of legal metrology.

They shall cease to be members of the Committee at the time they do not meet the conditions laid down in this Article, in which case the governments concerned shall appoint their substitutes.

Representatives shall provide the Committee with their expertise, advice and work, but shall not engage their Government or their Administration.

The members of the Committee will participate in the Conference meetings, with a consultative voice. It may be one of the delegates of your Government to the Conference.

The President may invite the meetings of the Committee, with a consultative voice, to any person whose participation would be useful.

ARTICLE XIV.

The natural persons who have stood out in science or in the metrology industry or the former members of the Committee may, by decision of the Committee, receive the title of a member of honour. They may attend meetings with a consultative voice.

ARTICLE XV.

The Committee shall elect a President, first and second Vice-Presidents, to be elected for a term of six years and shall be re-eligible. However, if your mandate expires in the interval that separates two sessions of the Committee, it will be automatically extended until the second of these sessions.

The Director of the Office will be your Assistant Secretary.

The Committee may delegate some of its functions to its Chairman.

The President will fulfill the tasks delegated to him by the Committee and will replace the Committee for urgent decision-making.

You will bring these decisions to the attention of the members of the Committee and will account for them in the shortest time.

When matters of common interest to the Committee and related organizations may be studied, the President shall represent the Committee to such organizations.

In case of absence, impairment, cessation of the mandate, resignation or death of the President, the interinity shall be assumed by the first Vice-President.

ARTICLE XVI.

The Committee shall meet at least every two years at the request of its President or, in the event of an impediment, by that of the Director of the Office, if this has been the subject of a request from at least half of the members of the Office. Committee.

Except in particular, normal sessions shall take place in the country where the Office has its seat.

However, information meetings may be held in the territory of the various Member States.

ARTICLE XVII.

Members of the Committee who cannot attend a meeting may delegate their vote to one of their colleagues, who will then be their representative. In this case, the same member may not accumulate more than two other votes with his own.

Decisions shall be valid only if the number of the present and the represented shall be at least equal to three quarters of the number of persons appointed as members of the Committee and if the draft has at least been achieved by the four-fifths of the actual votes. The number of effective votes shall be at least equal to the four fifths of the number of those present and represented in the session.

Abstentions and blank or null votes will not be considered effective votes.

In the interval of sessions and for certain special cases, the Committee may deliberate by correspondence.

The resolutions taken in this form will only be valid if all the members of the Committee have been required to give their opinion and if the resolutions have been unanimously approved by the effective votes on condition that the number of effective votes shall be at least equal to two-thirds of the number of designated members.

Abstentions and blank or null votes will not be considered effective votes. Failure to respond within the time limits set by the President shall be considered as an abstention.

ARTICLE XVIII.

The Committee shall entrust special studies, experimental research and laboratory work to the competent departments of the Member States, after having obtained their formal consent in advance. If these tasks require certain expenses, the agreement shall specify in which proportion these expenses shall be borne by the Organization.

The Director of the Office will coordinate and bring together the set of works.

The Committee may entrust certain tasks, on a permanent or temporary basis, to working groups or technical or legal experts working in accordance with the procedures laid down by the Committee. If these tasks require some remuneration or compensation, the Committee shall fix the amounts.

The Director of the Office will assume the secretariat of these working groups or of these expert groups.

International Office of Legal Metrology

ARTICLE XIX.

The functioning of the Conference and the Committee will be assumed by the International Bureau of Legal Metrology, under the direction and control of the Committee.

The Office shall be responsible for preparing the meetings of the Conference and the Committee, for establishing the union between the various members of these bodies and for maintaining relations with the Member States or with the "Special Enmissions" and their interested services.

You will also be in charge of the execution of the studies and the works defined in the article first as well as of the establishment of the meeting minutes and the edition of a newsletter that will be sent free of charge to Member States.

You will be the Documentation and Information Center provided in the Firstarticle. The Committee and the Office shall be responsible for implementing the decisions of the Conference.

The Office will not conduct experimental research, or laboratory work. It may, however, be provided with demonstration rooms which are suitably equipped to study the construction and operation of certain equipment.

ARTICLE XX.

The Office will have its administrative headquarters in France.

ARTICLE XXI.

The staff of the Office shall comprise a Director and staff appointed by the Committee, as well as permanent or temporary staff or agents recruited by the Director.

The staff of the Office and, if necessary, the experts referred to in Article XVIII, shall be remunerated. They shall receive salaries or allowances to be fixed by the Committee.

The statutes of the Director, collaborators and employees or agents shall be determined by the Committee, principally as regards the conditions of employment, work, discipline and retirement.

The appointment, dismissal or revocation of the agents and employees of the Office shall be dictated by the Director, except as regards the staff appointed by the Committee, who may be subject to the same measures only by Decision of the Committee.

ARTICLE XXII.

The Director shall assume the operation of the Office under the control and guidelines of the Committee to which he/she shall be responsible and to which he/she shall present, in each ordinary session, a report of his/her management.

The Director will collect revenue, prepare the budget, agree and order all personnel and material expenses, and manage treasury funds.

The Director shall, by law, be the Secretary of the Conference and the Committee.

ARTICLE XXIII.

The governments of the Member States shall declare the Office as a public utility, with legal status and which, in a general manner, shall enjoy the privileges and facilities commonly granted to the Office. Intergovernmental institutions under the legislation in force in each of the Member States.

TITLE III.

FINANCIAL PROVISIONS.

ARTICLE XXIV.

For an economic period equal to the interval of its sessions, the Convention will decide:

-The overall amount of the credits required to cover the operating expenses of the Organization.

-The annual amount of the credits in reserve to meet the mandatory extraordinary expenses and ensure the execution of the budget in case of insufficient income.

The credits will be encrypted in gold-gold. The parity between the Franco-gold and the French franc will be fixed by the Bank of France.

During the financial period, the Committee may appeal to the Member States if it deems it necessary to increase the appropriations to deal with the tasks of the Organization or a change in economic conditions.

If at the end of the financial period, the Conference has not met or has not been able to decide validly, the financial period shall be extended until the next valid session. The originally agreed appropriations will be increased proportionally to the length of time for this extension.

During the financial period, the Committee shall fix, within the limits of the agreed appropriations, the amount of operating expenditure relating to budgetary exercises of duration equal to the interval of its sessions. The Committee shall monitor the investment of the funds available.

If, at the end of the financial year, the Committee has not met or has not been able to deliberate validly, the President and the Director of the Office shall decide on the extension, until the next valid session, of all or part of the Budget for the financial year.

ARTICLE XXV.

The Director of the Office shall be authorized to agree and regulate the operating expenses of the Organization itself. You may not:

-Order extraordinary expenses.

-Take the necessary funds to ensure the implementation of the budget in case of insufficient revenue, unless it has obtained the authorization of the Committee president.

Budget surpluses will be usable throughout the financial period.

The Director's budgetary management shall be submitted to the Committee, which shall carry out a verification at each of its meetings.

At the end of the financial period, the Committee shall submit to the Conference, a management balance.

The Conference will determine the fate of the budget surpluses. The amount of these surpluses may be deducted from the contributions of the Member States or added to the appropriations in reserve.

ARTICLE XXVI.

Organization expenses must be covered:

1or By an annual contribution from the Member States. The total of the contributing parties for a financial period shall be determined by the amount of the appropriations agreed by the Conference, taking into account an assessment of the income of the following second and fifth paragraphs. With a view to determining the respective parties, the Member States shall be divided into four classes according to the total population of the metropolis and the territories they have declared to represent:

Class 1. -Population less than or equal to 10 million inhabitants;

Class 2. -Population between 10 million exclusive and 40 million inclusive;

Class 3. -Population between 40 million exclusive and 100 million inclusive;

Class 4. -Population of more than 100 million.

The population figure will be rounded to the entire number of millions below.

When in a State the degree of use of measuring instruments is clearly below the average, this State may request to be included in a lower class than its population.

According to the classes, the parts will be proportional to 1, 2, 4, and 8.

The contributory part of a Member State shall be divided into equal parts between all annuities of the financial period to determine its annual contribution. In order to establish from the outset a safety steering wheel designed to amortise fluctuations in revenue, Member States shall grant advances on their future annual contributions. The amount of these advances and their duration shall be fixed by the Conference.

If at the end of the financial period, the Conference has not met or has not been able to deliberate validly, the annual contributions shall be extended for the same amount up to a valid session of the Conference;

2o For the product of the sale of the publications and the product of the services provided to the "Special Enviados".

3 For the income of the investment of the sums that constitute the treasury funds.

4 By the quotas for the current financial period and the entry rights of the new Member States-by the retroactive quotas and the entry rights of the reintegrated Member States-by the backward quotas of the Member States members who will resume their contributions after having interrupted them;

5o For grants, subscriptions, donations or legacies and miscellaneous income.

To allow for special work, extraordinary aid may be granted by some Member States. They shall not be included in the general budget and shall be the subject of special accounts.

The annual contributions will be set in gold-French. They shall be paid in French francs or in any convertible currency. The parity between the Franco-gold and the French franc shall be that indicated by the Bank of France, taking into account the change applicable on the day of payment.

The Director of the Office will be cancelled at the beginning of the year.

ARTICLE XXVII.

The Committee will establish a financial regulation based on the general prescriptions of previous articles XXIV to XXVI .

ARTICLE XXVIII.

A State that becomes a member of the Organization in the course of one of the periods provided for in Article XXXVI, shall be committed to the expiration of this and shall be subject, since its accession, to the The same obligations as existing members.

A new Member State shall co-own the goods of the Organization and shall therefore pay a right of entry fixed by the Conference.

Your annual contribution will be calculated as if you adhere to the 1st January of the following year according to the deposit of the instruments of accession or ratification. Your payment for the current year will be as many as many parts of your contribution, as you will have to cancel. This payment will not change the contributions planned for the current year for the other members.

ARTICLE XXIX.

Any Member State which has not made its contributions effective for three consecutive years shall be deemed to be immediately resigned and shall be deleted from the list of Member States.

However, the situation of certain Member States which are in a period of financial difficulty and cannot momentarily cope with their obligations, will be examined by the Conference which may, in certain cases, grant them time limits or reductions.

The income shortfall resulting from the decline of a Member State will be offset by a takeover of the reserve credits constituted, as indicated in Article XXIV.

The Member States voluntarily resigned and the Member States of their own office shall lose all rights of co-ownership over the whole of the goods of the Organization.

ARTICLE XXX.

A voluntarily resigned Member State may be reintegrated by simple application. It will then be considered a new Member State, but the right of entry will only be enforceable if your resignation is more than five years old.

A Member State of its own motion may reintegrate itself by simple application, subject to the normalisation of its unpaid contributions at the time when its discharge is accepted. These retroactive contributions shall be calculated on the basis of the contributions of the years preceding their re-entry. It shall be considered a new Member State, but the right of entry shall be calculated taking into account, in the proportions fixed by the Conference, its previous contributions.

ARTICLE XXXI.

In the event of dissolution of the Organization, the asset shall be, subject to any agreement which may exist among the Member States which are in rule in their contributions to the date of the dissolution and under the reserve of the contractual rights or acquired from staff in service or in retirement, divided among the States in proportion to the total of their previous contributions.

TITLE IV.

GENERAL PROVISIONS.

ARTICLE XXXII.

This Convention shall be open for signature until 31 December 1955 at the Ministry of Foreign Affairs of the French Republic.

This will be ratified.

The instruments of ratification will be deposited in the Government of the French Republic, which will notify the date of this deposit to each of the signatory States.

ARTICLE XXXIII.

States which have not signed the Convention may accede to the expiration of the period provided for in Article XXXII.

The instruments of accession will be deposited in the Government of the French Republic which will notify all the signatory and adhered governments of the date of this deposit.

ARTICLE XXXIV.

This Convention shall enter into force thirty days after the deposit of the 16th instrument of ratification or accession.

This will enter into force, for each State that will ratify or accede to it after this date, thirty days after the deposit of its instrument of ratification or accession.

The Government of the French Republic shall notify each of the contracting parties of the date of entry into force of the Convention.

ARTICLE XXXV.

Any State may, at the time of signature, ratification or at any other time, declare, by notification addressed to the Government of the French Republic, that this Convention applies to all or part of the territories that represents in the international arena.

This Convention shall apply to the territory or territories designated in the notification after 30 days following the date on which the Government of the French Republic has received the notification.

The Government of the French Republic shall transmit this notification to the other Governments.

ARTICLE XXXVI.

This Convention shall be agreed for a period of 12 years from its first entry into force.

It is therefore in force for a period of six years and so forth between the contracting parties which have not denounced it, at least six months before the expiry of the term.

The complaint shall be made by written notification to the Government of the French Republic which shall notify the contracting parties thereof.

ARTICLE XXXVII.

The Organization may be dissolved by decision of the Conference, provided that the delegates are, at the time of the vote, provided with "full powers" for this purpose.

ARTICLE XXXVIII.

If the number of participants in this Convention is less than sixteen, the Conference may consult the Member States on the question of whether the Convention is to be considered as expired.

ARTICLE XXXIX.

The Conference may recommend to the Contracting Parties certain amendments to this Convention.

Any Contracting Party accepting an amendment shall notify in writing its acceptance to the Government of the French Republic, which shall notify the other Contracting Parties of the receipt of the acceptance notification.

An amendment shall enter into force three months after the notifications of acceptance by all Contracting Parties have been received by the Government of the French Republic. Where an amendment has been accepted by all the Contracting Parties, the Government of the French Republic shall notify all other Contracting Parties and the Signatory Governments by giving them the date of their entry into force.

After the entry into force of an amendment, no government may ratify or accede to this Convention without accepting this amendment.

ARTICLE XL.

This Convention shall be drawn up in the French language, in a single original which shall be deposited in the archives of the Government of the French Republic, which shall give certified copies to all the signatory and attached governments.

It is signed in Paris on October 12, 1955.

Modified in January 1968 by amendment of ARTICLE XIII.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., March 12, 2009

Authorized. Submit to consideration by the honorable Congress of the Republic for the constitutional effects.

ALVARO URIBE VELEZ

The Foreign Minister

JAIME BERMUDEZ MERIZALDE

DECRETA:

Article 1o. I approve the 'CONVENTION TO CONSTITUTE AN INTERNATIONAL ORGANIZATION OF LEGAL METROLOGY' signed in Paris on 12 October 1955, as amended in 1968 by amendment of Article XIII in accordance with the provisions of Article XXXIX.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "CONVENTION TO CONSTITUTE AN INTERNATIONAL ORGANIZATION OF LEGAL METROLOGY", signed in Paris, on 12 October 1955, as amended in 1968 by amendment of Article XIII in accordance with the provisions of Article XXXIX, which is hereby approved by Article 1 of this Law, shall be binding on the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., a ...

Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism.

The Foreign Minister,

JAIME BERMUDEZ MERIZALDE.

The Minister of Commerce, Industry and Tourism,

LUIS GUILLERMO SILVER PAEZ.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., March 12, 2009

Authorized. Submit to consideration by the honorable Congress of the Republic for the constitutional effects.

ALVARO URIBE VELEZ

The Foreign Minister,

JAIME BERMUDEZ MERIZALDE.

DECRETA:

Article 1o. I approve the 'CONVENTION TO CONSTITUTE AN INTERNATIONAL ORGANIZATION OF LEGAL METROLOGY' signed in Paris on 12 October 1955, as amended in 1968 by amendment of Article XIII in accordance with the provisions of Article XXXIX.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "CONVENTION TO CONSTITUTE AN INTERNATIONAL ORGANIZATION OF LEGAL METROLOGY", signed in Paris, on 12 October 1955, as amended in 1968 by amendment of Article XIII in accordance with the provisions of Article XXXIX, which is hereby approved by Article 1 of this Law, shall be binding on the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JUAN MANUEL CORZO ROMAN.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

SIMON GAVIRIA MUNOZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, upon revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada in Bogotá, D. C., on February 6, 2012.

JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Commerce, Industry and Tourism,

SERGIO DÍAZ-GRANADOS GUIDA.

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