Regulation on the composition, appeal and proceedings of an independent commission of scientific experts pursuant to Article 6 (5) of the Environmental Protection Protocol Implementing Act of 22 September 1994

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AntarktUmwSchProtAG § 6Abs5V

Date of completion: 22.07.1999

Full quote:

" Regulation on the composition, appeal and proceedings of an independent commission of scientific experts pursuant to Section 6 (5) of the Environmental Protection Protocol Implementing Act of 22 September 1994 of 22 July 1999 (BGBl. I p. 1660) "

Footnote

(+ + + Text evidence from: 27. 7.1999 + + +) Unofficial table of contents

Input formula

On the basis of Section 6 (5) of the Environmental Protection Protocol Implementing Act of 22 September 1994 (BGBl. 2593), pursuant to Article 14 of the Regulation of 21 September 1997 (BGBl I). 2390), in conjunction with Section 56 of the Jurisdiction Adjustment Act of 18 March 1975 (BGBl). 705) and the organisation of the 27. October 1998 (BGBl. 3288), the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Foreign Office and the Federal Ministry of Education and Research, is responsible for: Unofficial table of contents

§ 1 Purpose

A Commission of independent experts will be set up to assess the environmental impact of research activities in the Antarctic. Unofficial table of contents

§ 2 Composition

(1) The Commission shall consist of three members. The members of the Commission must have special scientific knowledge in the field of preparation and implementation of research activities in polar regions or in relevant fields of environmental protection. It is important to ensure that the members have practical experience in the Antarctic as far as possible. (2) For each member, one alternate member shall be appointed; paragraph 1 shall apply accordingly. Unofficial table of contents

§ 3 Independence

The members of the Commission and their alternates shall be independent and shall not be bound by instructions. Unofficial table of contents

§ 4 vocation of the members

(1) The members of the Commission and its deputy members shall be represented by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in agreement with the Federal Foreign Office and the Federal Ministry of Education and Research for the Term of three years. A one-time revocation is possible. (2) The activity in the Commission is voluntary. (3) The members of the Commission and their alternates may at any time be able to contact the Federal Ministry for the Environment, Nature Conservation and Reactor safety explain their departure from the Commission. The ministries involved in the appointment shall be immediately informed by the Chairman of the Commission of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety of the appointment of a member or of a deputy member of the Commission. (4) If a Member is prematurely divorced, his alternate member shall become a member of the Member State. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministries referred to in paragraph 1, shall immediately be appointed by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, by appointment of a new Deputy Member occupied for the rest of the period of appointment. Unofficial table of contents

§ 5 Task

(1) The Commission shall assess the activities of scientific research and activities in the Antarctic for its preparation or implementation, provided that such activities are at least limited or temporary Have an effect on the protection goods referred to in Section 3 (4) of the Environmental Protection Protocol Implementing Act. The assessment shall be carried out in writing to the Federal Environment Agency. (2) The assessment shall be carried out on the basis of the objectives and principles set out in § 1 of the Environmental Protection Protocol Implementing Law. (3) The assessment shall take into account the status of the international development. There is no examination of the scientific need for research activity. Unofficial table of contents

§ 6 Participation of other persons and bodies

(1) The Federal Ministries referred to in § 4 shall be invited to the meetings of the Commission. Session records and outcome protocols shall be forwarded to them. The Federal Environment Agency (Umweltbundesamt) shall be informed of a meeting taking place. It has the right to send representatives to the meetings of the Commission. (3) In order to carry out its tasks, the Commission may entrust individual Members and their alternates with the performance of specific tasks. In exceptional cases, which are of fundamental importance and which cannot be resolved on the basis of their own assessment, the Commission may hear external experts, consult experts or carry out investigations by third parties. (4) The If necessary, the Commission shall give the applicant an opportunity to submit comments. Unofficial table of contents

Section 7 Chairman and Rules of Procedure

(1) The members of the Commission shall elect from among their members a member of the Executive Board and his alternate member for a period of three years. A single re-election is possible. (2) The Commission shall adopt its rules of procedure. This requires the agreement of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in agreement with the Federal Foreign Office and the Federal Ministry of Education and Research. Unofficial table of contents

§ 8 Meetings

(1) The meetings of the Commission shall not be public. (2) Members shall be entitled to vote, in the event of their prevention or, in the event of concern, the respective alternates. (3) If a Member is to participate in the , it shall immediately inform its alternate member and the chairman of the Commission. Unofficial table of contents

Section 9 Decision-making

(1) The Commission shall be quorum if all members are represented in accordance with § 8 para. 2 voting rights or by voting deputy members. (2) Decisions on assessments pursuant to § 5 shall become as consensual as possible (3) The Commission's decision-making may be brought about by written procedure. (4) If a uniform opinion is not reached, the different opinions shall be set out in writing in the results report, in the evaluation and in the activity report. The minority vote must be justified. Unofficial table of contents

§ 10 Cooperation with the Federal Environment Agency

(1) If the Federal Environment Agency finds that, pursuant to Article 6 (4) of the Environmental Protection Protocol Implementing Act, the referral to the Commission is necessary, the Commission shall initiate the documents submitted by the applicant in accordance with Article 7 (1) or Article 8 (3) (11) of the Environmental Protection Protocol Implementing Act, which is required for assessment, immediately. (2) The Federal Environment Agency shall grant the Commission an insight into all other documents submitted by the applicant. (3) The Commission assessments on research activities with at least likely The Federal Environment Agency shall be assigned to the Federal Environment Agency within one month after receipt of the documents to the Commission. Unofficial table of contents

Section 11 Activity report

The Commission shall draw up an annual activity report. The report is published by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Unofficial table of contents

§ 12 Costs

The members of the Commission and their substitutes shall receive reimbursement of their travel expenses and a session compensation in accordance with the guidelines of the Federal Ministry of the Interior for the severance of the members of advisory boards, committees, commissions and similar institutions in the Federal Republic of Germany of 12 November 1981 (GMBl. 515), in their respectively applicable version. Unofficial table of contents

Section 13 Entry into force

This Regulation shall enter into force on the day after the date of delivery.