Regulation On Composition, Appointment And Procedures An Independent Committee Of Scientific Experts According To § 6, Paragraph 5, Of The Protocol On Environmental Protection Execution Law Of 22 September 1994
Original Language Title: Verordnung über Zusammensetzung, Berufung und Verfahren einer unabhängigen Kommission wissenschaftlicher Sachverständiger nach § 6 Abs. 5 des Umweltschutzprotokoll-Ausführungsgesetzes vom 22. September 1994
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Regulation on composition, appointment and procedures an independent Committee of scientific experts according to § 6, paragraph 5, of the Protocol on environmental protection execution law of 22 September 1994 AntarktUmwSchProtAG § 6Abs5V issue date: 22.07.1999 full quotation: "regulation on composition, appointment and procedures an independent Committee of scientific experts according to § 6, paragraph 5, of the Protocol on environmental protection execution law of 22 September 1994 of 22 July 1999 (BGBl. I S. 1660)" footnote (+++ text detection from: 27 7.1999 +++) input formula on the basis of § 6 paragraph 5 of the Protocol on environmental protection execution law of 22 September 1994 (BGBl. I S. 2593) , in accordance with article 14 of the Decree of 21 September 1997 (BGBl. I p. 2390) is has been modified in connection with article 56 of the Zuständigkeitsanpassungs law of 18 March 1975 (BGBl. I p. 705) and the adoption of the Organization of 27 October 1998 (BGBl. I S. 3288) enacted the Federal Ministry for environment, nature conservation and nuclear safety, in agreement with the Ministry of Foreign Affairs and the Federal Ministry of education and research : § 1 purpose is it formed a Commission of independent experts to assess the environmental impact of research activities in the Antarctic.
Section 2 composition (1) the Commission consists of three members. The members of the Commission must have scientific expertise in the preparation and implementation of research activities in polar regions or in relevant areas of environmental protection. It is sure that the members as possible have practical experience in the Antarctic.
(2) a substitute will be appointed for each Member; Paragraph 1 shall apply mutatis mutandis.
Article 3 independence the members of the Commission and their alternates are independent and not bound by instructions.
§ 4 appointment of members (1) are the members of the Commission and their alternates by the Federal Ministry for environment, nature conservation and nuclear safety, in agreement with the Ministry of Foreign Affairs and the Federal Ministry for education and research appointed for a period of three years. One-time again appeal is possible.
(2) the activity of the Commission is Honorary.
(3) the members of the Commission and their alternates can tell at any time their departure from the Commission nature conservation and reactor safety compared with the Federal Ministry for the environment. About the departure of a member or an alternate member, the ministries involved in the appeal are shall immediately inform the presiding Member of the Commission of the Federal Ministry for environment, nature conservation and nuclear safety.
(4) a member retires prematurely, whose substitute to the Member moves up. Positions deputy members advanced on are occupied immediately by the Federal Ministry for environment, nature protection and reactor safety in consultation with the ministries referred to in paragraph 1 by calling a new alternate member for the remainder of the appeal.
§ 5 task (1) the Commission has as far as these activities at least slight or temporary effect on the protection referred to in section 3, paragraph 4, of the execution law of Protocol on environmental protection get the task to assess activities of scientific research, as well as serving to its preparation or implementation activities in the Antarctic, can be. She leads the assessment in writing to the Federal Environmental Agency.
(2) the assessment is made on the basis of the objectives referred to in article 1 of the execution law of Protocol on environmental protection and principles.
(3) the assessment takes into account the State of international development. An examination of the scientific need for the research activity is not.
§ 6 invited the participation of other persons and bodies (1) which are federal ministries referred to in section 4 to the sessions of the Commission. Meeting documents and result logs are to submit to them. The word is their representatives upon request to grant.
(2) knowledge of a meeting is the Federal Environmental Agency. It has the right to send representatives to the meetings of the Commission. Paragraph shall apply accordingly 1 sentences 2 and 3.
(3) in order to carry out their tasks, the Commission may entrust individual members and their alternate members with carrying out certain tasks. In exceptional cases, which are of fundamental importance and can not be clarified on the basis of its own assessment, the Commission may hear external experts, consult experts, or investigations by third parties can be distinguished.
(4) the Commission gives opportunity to submit its observations the applicant if required.
§ 7 Chairman and rules of procedure (1) select the members of the Commission from among its members a Chairman and his deputy member for a period of three years. One-time re-election is possible.
(2) the Commission shall adopt as its rules of procedure. This requires the approval of the Federal Ministry for environment, nature conservation and nuclear safety, in agreement with the Ministry of Foreign Affairs and the Federal Ministry of education and research.
§ 8 sessions (1) the meetings of the Commission shall not be public.
(2) vote, the members, in case of their incapacitation or in the case of partiality are the respective Deputy members.
(3) a member of the participation is prevented, inform his alternate member and the presiding Member of the Commission without delay.
§ 9 decision-making (1) the Commission is resolutionable, if all members within the meaning of § 8 para 2 are represented by Deputy members with voting rights or voting rights.
(2) decisions concerning assessments according to § 5 be taken as agreed.
(3) the decision of the Commission can be dealt with in the written procedure. Another governs the rules of procedure.
(4) is a uniform conception is not achieved, the different opinions in the results log, in assessing the annual report are set out in writing. It is the minority vote.
§ 10 cooperation with the Federal Environmental Agency (1) the Federal Environmental Agency notes that on the basis of § 6 par. 4 of the execution act of Protocol on environmental protection the referral to the Commission is required, so routes's Commission the documents filed by the applicant according to article 7, paragraph 1 or article 8 par. 3 No. 11 of the execution law of Protocol on environmental protection, which are necessary to assess immediately to.
(2) the Federal Environmental Agency the Commission granted all other documents submitted by the applicant.
(3) the assessments of the Commission to research activities with at least expected to be minor or temporary effect on the protection referred to in § 3 par. 4 of the execution act of Protocol on environmental protection are to submit to the German Federal Environmental Agency within one month after receipt of the documents to the Commission.
§ 11 activity report the Commission created an annual activity report. The report is published by the Federal Ministry for environment, nature conservation and nuclear safety.
§ 12 cost the members of the Commission and their alternates will receive compensation of travel expenses, as well as meeting compensation according to the guidelines of the Federal Ministry of the Interior for the compensation of the members of advisory boards, committees, commissions and similar bodies in the area of the Confederation from November 12, 1981 (GMBl. P. 515) in their respectively valid version.
Article 13 entry into force this regulation enters into force on the day after the announcement.
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