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Approves, For Ratification, The Convention On The European Forest Institute, Joensuu 28 Adopted In August 2003 In

Original Language Title: Aprova, para ratificação, a Convenção sobre o Instituto Florestal Europeu, adoptada em Joensuu em 28 de Agosto de 2003

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MOTION FOR RESOLUTION No. 40 /X

Exhibition of Motives

Considering that the European Forestry Institute already exists, as an association of

Finnish law, since 1993;

Recognizing the need to confer international legal personality on

European Forestry Institute, by virtue of the current demands on the

European forest research and the existence of several regional centres;

Remembering the aim of developing, at the Pan-European level, lines of research

on forest policy, including its environmental aspects, on ecology, use

multiple, forest resources and sanity of the European forests and still on supply and

demand for wood and other forest products with a view to the promotion of conservation and

sustainable forest management in Europe;

Attending to which Portugal participates, from the first hour, in the activities of the Institute

European Forest and that such activities have always earned the support and the

recognition of the national scientific community;

Considering that the European Forestry Institute will thus continue to constitute

an important source of information in the field of forests for decision-makers

European politicians, to the extent that researchers from all over Europe will develop

research in a coordinated manner in the areas identified above;

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

Approves, for ratification, the Convention on the European Forestry Institute, adopted at

Joensuu, on August 28, 2003, the text of which, in the authentic English language version and

its respective translation in Portuguese language, it publishes in annex.

Seen and approved in Council of Ministers of January 19, 2006.

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The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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Convention on the European Forest Institute

The Parties to this Convention, hereafter referred to as the Parties,

Recalling the forest-related decisions adopted at the United Nations Conference on

Environment and Development in 1992, the Proposals for Action by the Intergovernmental

Panel on Forests and the Intergovernmental Forum on Forests, the Expanded Programme

of Work on Forest Biological Diversity relating to the Convention on Biological Diversity

the well as the outcome of the World Summit on Sustainable Development;

Recognising the progress and achievements made in the implementation of the

commitments of the Ministerial Conferences on the protection of forests in Europe;

Growing of the changing nature of European forest and forestry issues and the concerns

within society and the need to generate relevant scientific data with a view to good

decision-making;

Considering that the European Forest Institute was established as an association under

Finnish law in 1993 to contribute to the study of forestry, forests and forest conservation at

the European level;

Mindful of the added value of embedding forestry and forest research in an international

setting;

Desiring to comply on an international basis their cooperation in forestry and forest

research while at the same time ballot duplication of efforts;

have agreed as follows:

Article 1: The Institute

The European Forest Institute (hereafter the Institute) is hereby established as an

international organisation. It shall have its seat in Joensuu, Finland.

Article 2: Purpose and functions

1. The purpose of the Institute is to qualitative research on the scientific level on forest

policy, including its environmental aspects, on the ecology, multiple use, resources and

health of European forests and on the supply of and demand for timber and other forest

products and services in order to promote the conservation and sustainable management of

forests in Europe.

2. In order to achieve its purpose, the Institute

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a) provides relevant information for policy-making and decision-making in European

countries relating to the forest and forest industry sector;

b) conducts research in the above-mentioned fields;

c) develops research methods;

d) organises and participates in scientific meetings; and

e) organises and disseminates knowledge of its work and results.

Article 3: Information

The Contracting Parties support the work of the Institute with forest-related information on

specific request provided it is not available from other data collecting bodies and as far as

it can be made available. To avoid duplication of effort, the Institute aims to

ensure appropriate coordination with other international bodies, including those carrying

out data collection.

Article 4: Members, Associate and Affiliate Members of the Institute

1. The Contracting Parties are Members of the Institute.

2. Associate membership of the Institute is open for research institutes, educational

establishments, commercial organizations, forest authorities, the

organizations and institutions of a similar nature from European States (hereafter referred

to the Associate Members). Affiliate membership is open for institutions of a similar nature

from non-European States (hereafter referred to as Affiliate Members). Affiliate Members

of the not participate in the decision-making process of the Institute.

Article 5: Organs

The organs of the Institute shall be a Council, the Conference, the Board and a Secretariat

headed by the Director.

Article 6: The Council

1. The Council shall consist of representatives of the Members, and will meet in ordinary

session every three years. An extraordinary session may be held at the request of a

Member or of the Board, subject to approval by a simple majority of the Members.

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2. The Council shall

a) appoint members of the Board in accordance with Article 8, paragraphs 2 a), (c) and d);

b) give assent to the appointment of the Director in accordance with Article 8, paragraph

4, thereof);

c) set the policy framework for the work of the Institute;

d) take decisions on general issues of a technical, financial or administrative nature

submitted by the Members, the Conference or the Board;

e) approve, by simple majority, such guidance as may be necessary for the functioning of

the Institute and its organs; and

f) approve and amend, by a simple majority, its Rules of Procedure.

3. Each Member shall have one vote. Decisions shall be taken by consensus, unless

otherwise provided in the Convention.

Article 7: The Conference

1. The Conference shall consist of representatives of the Associate Members. The

Conference shall meet once a year in year-round session and shall take decisions by a simple

majority. The Affiliate Members may participate in the annual year-on-year sessions of the

Conference. Institutions and regional or international organizations that are not Associate

or Affiliate Members of the Institute may be invited to be invited to the lecture sessions of the

Conference in accordance with the rules established by the Board.

2. The Conference shall, inter alia,

a) appoint the members of the Board in accordance with Article 8, paragraphs 2 b), c) and

d);

b) determine the membership fees for the Associate and Affiliate Members;

c) make recommendations to initiate activities with a view to the realisation of the

purposes of the Institute;

d) approve the audited financial statements;

e) approve the work plan for the following year submitted by the Board;

f) review and adopt the Annual Report on the Institute's activities; and

g) approve and amend its Rules of Procedure.

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Article 8: The Board

1. The Board shall be composed of eight individuals with established competence in the

field of the activities of the Institute. Such Board members may serve in the more than two

The terms.

2. a. Four members of the Board shall be able to be elected by the Council for a period of three

years.

b. Four members of the Board shall be elected by the Conference for a period of

three years.

c. The Council and the Conference shall adopt rules relating to the process of

nomination and rotation of the members they appoint.

d. Interim vacancies shall be filled by written procedure by the Council or the Conference,

.

3. The Board shall meet at least once every year and shall take decisions by a simple

majority.

4. The Board shall

a) within the policy framework laid down by the Council, establish and keep under review

the administrative and research programme of the Institute's work;

b) subject to any guidance by the Council, adopt such internal regulations as may be

necessary;

c) approve the budget and the accounts;

d) appoint the Director, subject to assent of the Council;

e) approve the admission and expulsion of Associate and Affiliate Members;

f) report to the Council and the Conference;

g) subject to any guidance by the Council, approve the agreement referred to in Article 12;

h) approve and amend its Rules of Procedure; and

i) establish the rules referred to in Article 7, paragraph 1.

Article 9: The Secretariat

1. The Secretariat headed by the Director shall be appointed by the personnel of the Institute.

2. Subject to any general directions of the Council, the Conference and the Board, the

Director shall appoint such other personnel as may be required for the purposes of the

Institute on such terms and to perform such duties as the Director may determine.

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Article 10: Financial resources

The financial resources necessary for the functioning of the Institute shall be provided by:

a) Associate and Affiliate Members, by means of membership fees;

b) Members, through voluntary contributions if they so desire; and

c) such other sources as may present themselves.

Article 11: The Budget and the accounts

The budget and the accounts of the Institute shall be approved by a simple majority by the

Board on proposal of the Director.

Article 12: Legal personality, privileges and immunities

The Institute shall have international and domestic legal personality. On the territory of

Finland it shall enjoy such privileges and immunities as are necessary for the exercise of its

functions. These privileges and immunities shall be defined in an agreement between the

Institute and the Government of Finland.

Article 13: Dispute-settlement

Any dispute concerning the interpretation or application of this Convention which is not

settled by negotiation or by the good offices of the Board may, upon mutual agreement

between the parties to the dispute, be submitted to the parties under the Permanent Court

of Arbitration Optional Rules.

Article 14: Signature and consent to be bound

1. This Convention shall be open for signature by European States and European

regional economic integration organisations in Joensuu on 28 August 2003. Despite,

it shall remain open for signature in Helsinki at the Ministry for Foreign Affairs of

Finland, until 28 November 2003.

2. This Convention is subject to ratification, acceptance or approval by the signatory

States and regional economic integration organizations. Instruments of ratification,

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acceptance or approval shall be shall be made with the Government of Finland which shall

act as the depositary.

3. This Convention shall be open for accession by those European States and European

regional economic integration organizations that have not signed it. Instruments of

shall be shall be deposited with the Depositary.

4. For the purposes of this Convention, a European State is a State which is eligible for

membership of the United Nations Economic Commission for Europe as a European

State.

Article 15: Entry into force

1. This Convention shall enter into force on the sixtieth day after the date of the deposit

of the eighth instrument of ratification, acceptance, approval or approval.

2. For each State and regional economic integration organisation ratifying, ratifying,

Acceding to this Convention after the deposit of the eighth instrument of

ratification, acceptance, approval or approval rating, the Convention shall enter into force on

the sixtieth day after the date of deposit of such State or regional economic integration

organisation of its instrument of ratification, acceptance, approval or approval.

Article 16: Transitional provisions

1. Upon the entry into force of this Convention, the research institutes, educational

establishments, commercial organizations, forest authorities, the

organizations and institutions of a similar nature from European States that are members

or associate members of the European Forest Institute established in 1993 as an

association under Finnish law and by that date have not been according to its Bylaws given

notice of investigation, shall become Associate Members of the Institute. Institutions of a

similar nature from non-European States that are associate members of the said

European Forest Institute shall be made in the whole of notice of notice of become

Affiliate Members of the Institute.

2. After the entry into force of this Convention the Institute shall initiate negotiations

with the European Forest Institute established in 1993 as an association under Finnish

law on the transfer of the latter's activities, funds, assets and funds to the Institute.

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Article 17:

1. This Convention may be voted down by the unanimous vote of the Members present in a

meeting of the Council or by a written procedure. Any proposal for any shall be

circulated by the Depositary at least eight weeks in advance. In case of a written procedure

the Depositary shall fix the deadline for the replies.

2. The resignation will enter into force on the sixtieth day after the date on which all the

Contracting Parties have notified the Depositary that they have fulfilled the depression

required by national legislation with respect to the legislature.

3. We have decided the Conference sentences, shall not affect the institutional position

of Associate or Affiliate Members.

Article 18: Withdrawal

The Party's May Party may withdraw from this Convention by giving written notice of the

withdrawal to the Depositary. The withdrawal shall be effective one year after receipt of

the notice of withdrawal by the Depositary.

Article 19: Termination

This Convention shall be terminated if at any time after its entry into force there are less

than eight Contracting Parties.

In witness whereof, the undersigned, authorised authorised by their respective

Government, have signed this Convention.

Done in the English language, at Joensuu, this 28 th day of August 2003.

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Convention on the European Forest Institute

The Parties to this Convention, henceforth referred to as the Contracting Parties,

Evoking decisions related to the forest adopted at the Conference of Nations

United on the Environment and Development in 1992, the Proposed of Action of the

Intergovernmental Panel on Forests and the Intergovernmental Forum on

Forests, the Expanded Programme of Works on Forest Biological Diversity

on the Convention on Biological Diversity, as well as the outcome of the Summit

World on Sustainable Development;

Recognizing the progress and achievements achieved in the implementation of the

commitments of the Ministerial Conferences on the Protection of Forests in Europe;

Aware of the unsteady nature of the forest and European forest issues, das

concerns within society and the need to generate scientific data

relevant with a view to good decision-making;

Considering that the European Forest Institute was established as an association to the

shelter from the Finnish Act in 1993 to contribute to the study of forest area,

forests and forest conservation at the European level;

Attentive to the increased value of the fixed forest area and forest research in a scenario

international;

Desiring to continue on an international basis, their cooperation in the research of

forest and forest area while simultaneously avoiding duplication of effort;

They agreed the following:

Article 1.

The Institute

The European Forestry Institute (henceforth designated by "Institute") is, in this way,

created as an international organization. It will have its registered office in Joensuu, Finland.

Article 2.

Purpose and functions

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1. The aim of the Institute is to undertake investigations at the pan-European level on

forest policy, including its environmental aspects, on ecology, multiple

uses, resources and health of the European forests and in the supply and demand of wood and other

forest products and services so as to promote conservation and sustainable management

of the forests in Europe.

2. To achieve this goal, the Institute

a) Provides relevant information to make policies and decision-making in

European countries, related to the forest and the forest industry sector;

(b) conducts research in the fields mentioned above;

c) Develops methods of research;

d) Organizes and participates in scientific meetings; and

e) Organizes and diffuses the knowledge of their work and results.

Article 3.

Information

The Contracting Parties support the work of the Institute providing information

related to forests upon specific request, as long as this one does not meet

available at other institutions that collate information and as long as it can be

made available in a reasonable way. To avoid duplication of efforts, the Institute

seeks to ensure appropriate coordination with other international institutions,

including those that carry out the compilation of data.

Article 4.

Members, Associate Members and Brands of the Institute

1. The Contracting Parties are Members of the Institute.

2. The quality of associate partner of the Institute is open to the research institutes,

educational establishments, commercial organisations, forest authorities,

nongovernmental organizations and institutions of an identical nature to that of the States

Europeans (henceforth referred to as Associate Members). The quality of member

filtered is open to institutions of a nature identical to that of non-European states

(henceforth referred to as Affiliated Members). The Filied Members do not participate in the

decision making process of the Institute.

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Article 5.

Organs

The organs of the Institute shall be the Council, the Conference, the Board of Directors and

the Secretariat chaired by a Director.

Article 6.

The Council

1. The Council shall be made up of representatives of the Members and shall meet in session

ordinary three years in three years. An extraordinary session can be held on request

of a Member of the Board of Directors, subject to approval by a majority

simple of the Members.

2. The Council shall:

a) Designate Members of the Board of Directors in accordance with points (a) c) and

(d) of Article 8 (1);

b) Approve the appointment of the Director in accordance with point (d) of Article 8 (4);

c) Define the political framework of the work of the Institute;

d) Take decisions on matters of a general scope of a technical, financial or

administrative, submitted by the Members, by the Conference or by the Council of

Administration;

e) Approve, by simple majority, the guidelines necessary for the operation of the

Institute and its organs; and

f) Approve and review, by a simple majority, its Rules of Procedure.

3. Each Member shall be entitled to one vote. Decisions will be made by consensus,

except if stipulated otherwise in the Convention.

Article 7.

The Conference

1. The Conference shall be constituted by representatives of the Associate Members. The

Conference will meet once a year, in plenary session and will take decisions by

simple majority. The Filied Members will be able to participate in the annual plenary sessions

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of the Conference. The regional or international institutions and organizations that do not

are Associate Members or Branches of the Institute may be invited to attend the

plenary sessions of the Conference, in accordance with the rules established by the

Board of Directors.

2. The Conference should, inter alia,

a) Designate the Members of the Board of Directors in accordance with points (b) c)

and (d) of Article 8 (2);

b) Determine the jewellery of association for Associate Members and Brands;

c) Make recommendations to initiate activities with a view to the achievement of objectives of the

Institute;

d) Approve the audited financial statements;

e) Approve the work plan for the following year delivered by the Board of

Administration;

f) to Resee and adopt the Annual Report on the activities of the Institute; and

g) Approve and review your Rules of Procedure.

Article 8.

The Board of Directors

1. The Board of Directors shall be composed of eight individuals with competence

proven in the field of the activities of the Institute. Such members of the Council of

Administration shall not exercise more than two consecutive terms.

2. a. Four members of the Board of Directors will be appointed by the Board

for a period of three years.

b. Four members of the Board of Directors will be appointed by the Conference

for a period of three years.

c. The Council and the Conference shall adopt rules as to the process of appointment and

rotating of the members by them indicated.

d. Interine vacancies shall be filled in writing by the Council or the Conference,

respectively.

3. The Board of Directors shall meet at least once a year and shall take

decisions by simple majority.

4. The Board of Directors shall

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a) Within the structure of the policy established by the Council, establish and maintain under

review, the administrative and research programme relating to the work of the Institute;

b) To apply to any guideline of the Council, adopt the internal regulations

demonstrably necessary;

c) approve the budget and the bills;

d) Nominate the Director, subject to the Council's concordance;

e) Approve the admission and expulsion of Associate Members and Brands;

f) Informing the Council and the Conference;

g) Suject to any guideline of the Council, approve the agreement referred to in Article

12.

h) Approve and review your Rules of Procedure; and

i) Establish the rules referred to in Article 7, number 1.

Article 9.

The Secretariat

1. The Secretariat, chaired by the Director, shall encompass the staff of the Institute.

2. Subject to any general guidelines of the Council, the Conference and the Council of

Administration, the Director shall appoint the remaining personnel in accordance with the

needs of the Institute in the foreseen terms and to perform the duties for it

determined.

Article 10.

Financial Resources

The financial resources required for the operation of the Institute will be

provided by:

a) Associate and affiliated members, upon quota of membership;

b) Members, through voluntary contributions, if they so wish; and

c) Other sources that may arise.

Article 11.

The Budget and Accounts

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The budget and the accounts of the Institute will be approved by a simple majority by the

Board of Directors, upon proposal by the Director.

Article 12.

Legal personality, privileges and immunities

The Institute will have an international and national legal personality. In the territory of the

Finland shall enjoy the privileges and immunities necessary for the exercise of its

functions. Such privileges and immunities shall be defined in an agreement between the Institute and the

Government of Finland.

Article 13.

Resolution of Differends

Any dispute pertaining to the interpretation or application of this Convention, other than

resolved by negotiation or by good offices of the Board of Directors

may, by mutual agreement between the Parties to the dispute, be submitted to the

arbitration of the Rules of Optional Conciliation of the Permanent Arbitral Tribunal

Article 14.

Signature and binding consent

1. This Convention will be open for signature by the European States and

european regional economic integration organizations, in Joensuu, August 28

of 2003. From then on, it will remain open for signature in Helsinki, in the

Ministry of Foreign Affairs of Finland, until November 28, 2003.

2. This Convention is subject to ratification, acceptance and approval by the States

Signatories and organizations of regional economic integration. The instruments of

ratification, acceptance or approval shall be deposited with the Government of Finland, the

which acts as a depositary.

3. This Convention is to be opened for accession to the European States and Organizations

European regional economic integration that have not signed it. The

instruments of accession should be deposited with the Depositary.

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4. For the purposes of this Convention, a European State is a State which is

eligible for member of the United Nations Economic Commission for Europe, as

European State.

Article 15.

Entry into force

1. This Convention shall enter into force on the sixtieth day after the date of the deposit of the

eighteenth instrument of ratification, acceptance, approval or accession.

2. For each State and organization of regional economic integration to be ratified,

acceptance, approval or accession to this Convention after the deposit of the 8th instrument

of ratification, acceptance, approval or accession, the Convention is to come into force in the

sixtieth day after the date of deposit of the instrument of ratification, acceptance,

approval or accession, by such a State or organization of regional economic integration.

Article 16.

Transitional provisions

1. Mediating the entry into force of this Convention, the research institutes,

Educational Establishments, commercial organisations, forest authorities,

nongovernmental organizations and institutions of a similar nature to the states

Europeans who are members or associate members of the European Forest Institute

created in 1993 as an association under the Finnish Law and that on that date do not have

notified in writing of resignation, as per its internal laws, will become

associate members of the Institute. The institutions of a similar nature to the states not

Europeans who are associate members of the aforementioned European Forest Institute,

shall also, in the absence of notification of resignation, become members

affiliates of the Institute.

2. After the entry into force of this Convention, the Office should initiate negotiations with

the European Forestry Institute established in 1993 as an association under the law

Finnish under the transfer of the activities, funds, securities and

responsibilities of the latter to the Institute.

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Article 17.

Review

1. This Convention may be reviewed by a unanimous vote of the Members present in a

meeting of the Council or by written procedure. Any proposal for amendment

is expected to circulate by the Depositary with a minimum advance of eight weeks. In

case of written procedure, the Depositary should stipulate a time frame for the answers.

2. The amendment is due to enter into force on the sixtieth day after the date on which all the

Contracting parties have notified the Depositary that they have complied with the formalities

required by national legislation in respect of the revision.

3. Unless approved by the Conference, the amendments shall not affect the position

institutional of Associated or Affiliated Members.

Article 18.

Recess

A Contracting Party may practise the recess of this Convention by notifying in writing

the recess to the Depositary. The recess is to be effective one year after the receipt of the

notification of recess to the Depositary.

Article 19.

Cessation of Vigance

This Convention shall cease to be effective if, at any time after its entry into force

there are fewer than eight contracting parties.

In faith of what, the undersigned, duly authorized for the purpose by their

respective governments, signed this Convention.

Made in English language, in Joensuu, on the August 28, 2003.