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Law No. 117 Of 15 December 1992 Concerning Acceptance By Romania Of The Memorandum Of The European Commission For Combating Fmd

Original Language Title:  LEGE nr. 117 din 15 decembrie 1992 privind acceptarea de către România a Actului constitutiv al Comisiei Europene de Lupta împotriva Febrei Aftoase

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LEGE No 117 of 15 December 1992 on the acceptance by Romania of the Articles of Association of the European Commission for the Fight against Foot-and-mouth Disease
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 331 of 24 December 1992



The Romanian Parliament adopts this law + Article UNIC Romania accepts the European Commission's Articles of Association for the Fight against Foot Fever, approved by the United Nations Food and Agriculture Conference on 11 December 1953, amended by the Commission to the XXII session of 29 March-1 April 1977 and approved by the United Nations Council on Food and Agriculture at the 72nd session of 8-10 November 1977. This law was adopted by the Senate at the meeting of September 1, 1992, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of December 3, 1992, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE + ARTICLES OF ASSOCIATION of the European Commission for the fight against foot-and-mouth disease *) Contracting States, taking into account the urgent need to prevent European agriculture from being subjected again to heavy losses due to repeated outbreaks of foot-and-mouth disease, hereby establish within the framework of the United for Food and Agriculture, a commission called the European Commission for the Fight against Foot Fever, the object of which is the national and international stimulation of appropriate measures to fight foot-and-mouth disease in Europe. Note * *) As amended by the commission at its XXII session (March 29-April 1, 1977) and approved by the United Nations Food and Agriculture Organization Council at its 72nd session (8-10 November 1977). Translation. + Article 1 Members 1. They may become members of the European Commission for the Fight against Foot Fever (hereinafter referred to as the Commission) by the European Member States of the United Nations Food and Agriculture Organization and the European Member States of the Office International Epizootii, being part of the United Nations, which adheres to this Articles of Association, in accordance with the provisions of art. 15. The Commission may, by a majority of two thirds of its members, admit, as a member of the commission, any other European State which is part of the United Nations or any other specialized institution or of the Agency. International for Atomic Energy, which have submitted an application for admission accompanied by an official instrument accepting the obligations arising from the articles of association in force at the time of its admission. 2. The United Nations Food and Agriculture Organization (hereinafter referred to as the Organization), the International Office of Epizooths (hereinafter referred to as the Office) and the Organization for Economic Cooperation and Development have the right to be represented at all the sessions of the committee and its committees, but their representatives did not have the right to vote. + Article 2 Obligations of members in the field of national and international cooperation on the fight against foot-and-mouth disease 1 1. Members shall undertake to fight against foot-and-mouth disease and eradicate it by adopting effective veterinary and quarantine measures, and by applying one or more of the following methods: 1. the conduct of slaughter; 2 2. combined slaughter and vaccination conduct; 3. the full immunisation of the bovine herd by vaccination; 4. vaccination of the herd in a certain perimeter, around outbreaks of foot-and-mouth disease. The adopted methods will be rigorously applied. 2 2. Members who adopt the 2nd or 4th method shall undertake to procure a quantity of virus sufficient for the production of the vaccine and a sufficient quantity of vaccine in order to ensure the protection of the herd if the epizootic is declared. Each member will provide the other members with collaboration and assistance for all common action against foot-and-mouth disease, in particular for the supply of vaccine and virus, in case of need. The quantities of virus and vaccine to be placed in reserve for national and international use will be fixed by the members in the light of the conclusions of the commission and the opinions given by the Office. 3. Members will take measures to immediately identify the virus on the occasion of an outbreak of foot-and-mouth disease and communicate the results of the identification of the commission and the office. 4.Members undertake to provide the commission with all the information that it would need to pay off its functions. In particular, they will signal, without delay, the commission and the office all new epidemics and their extension and will provide for this purpose detailed reports that could be useful to the commission. + Article 3 Headquarters 1. The headquarters of the commission and the seat of the secretariat or are in Rome, at the organization 2 the Commission shall meet at its premises, unless it has been decided otherwise at a previous session or, in exceptional circumstances, by its executive committee. + Article 4 General functions The commission's general functions are as follows: 1. the conclusion with the Office, through the Director General of the Organization and within the framework of any agreement that exists between the Organization and the Office, of agreements capable of guaranteeing that: 1.1. all members will receive technical opinions on any problems related to the fight against foot-and-mouth disease; 1.2. complete information on the epidemics of foot-and-mouth disease and the identification of viruses will be carried out and broadcast as soon as possible; 1.3. the special research work that foot-and-mouth disease requires will be carried out; 2. gathering information on national combat and research programmes on foot-and-mouth disease; 3. the determination, in accordance with the interested members, of the nature and size of the assistance that the members need for the execution of their programs; 4. promotion and organization, every time such action will be necessary, concerted actions to overcome the difficulties encountered in the execution of the combat program and, in this regard, take the measures to allow the resources necessary for the production and storage of vaccines, for example, on the basis of agreements between members; 5. provision of material means necessary to identify viruses; 6. studying the possibilities of creating an international laboratory to identify viruses and the production of vaccines; 7. fixing and keeping up to date a register on the availability of virus and vaccines in different countries; 8. the provision, other organisations, of notices concerning the attribution of any funds available for the fight against foot-and-mouth disease in Europe; 9. the conclusion, through the Director-General of the Organization, with other organizations, regional state groupings, which are not members of the commission, of agreements for their participation in the works of the commission or of its committees, and of mutual assistance arrangements regarding the problems of the fight against foot-and-mouth disease. These agreements will be able to lead to the creation of joint committees or participation in the work of such committees; 10. examination and approval, for the submission to the board of the organization, through the Director-General, of the reports of the Executive Committee, of the reports on the past year and of the work programme and of the budget for the period biennale. + Article 5 Special functions The commission's special functions are as follows: 1. to contribute as the commission and the interested members consider, to the fight against epidemics of foot-and-mouth disease of a critical nature. To that end, the Commission or its executive committee, acting by virtue of paragraph 5 of art. 11, may use all the uncommitted balance of the administrative budget, which is referred to in paragraph 7 of art. 13, as well as all additional contributions paid for the purpose of emergency measures, in accordance with the provisions of the paragraph above the said article. 2. take the desired measures in the following areas: 2.1. the production and storage, by the commission or in its account, of virus and vaccines for the distribution of members in case of necessity; 2.2. encouraging the establishment by members, in case of need, of sanitary cords in order to circumscribe the epizootic; 3. to execute any new determined project that could be proposed by the members or the executive committee and approved by the commission, in order to achieve the objectives of the commission as defined in this Act; 4. the credit balance of the administrative budget may be used for the purposes described in paragraphs 2 and 3 of this Article, provided that this decision is approved by the committee by a majority of two thirds of the votes cast, this majority must be superior to the number of the members of the committee. + Article 6 Sessions 1. Each member shall be represented at the sessions of the commission by a single delegate, which may be accompanied by an alternate, experts and advisers. Alternates, experts and advisers may take part in the panel's proceedings, but they shall not have the right to vote, unless an alternate is duly authorised to replace the delegate. 2. Each member shall have one vote. The decisions of the commission shall be taken with the majority of the votes cast, unless otherwise provided for in this act. Most members of the committee constitute a quorum 3.The Commission shall choose, among the delegates, at the end of each ordinary session, one chairman and two vice-presidents. The President and Vice-Presidents shall remain in office until the end of the next regular session. They can be re-elected. 4. The Director-General of the Organization, in accordance with the Chairman of the Commission, shall convene the committee in ordinary session at least once every 2 years. He may convene the committee in extraordinary session, either with the agreement of the chairman of the commission or at the request of the commission, expressed during an ordinary session, or at the request of at least one third of the members of the commission, formulated in the range Ordinary. + Article 7 Committees 1. The Commission may create special or permanent temporary committees, tasked with carrying out studies and reports on matters within the competence of the commission, provided that the approved budget of the commission provides the necessary funds. 2. These committees shall be convened by the director-general of the organization, together with the chairman of the commission, in the places and data that agree the purpose for which they were created. 3. From these committees may be all members of the commission, some of its members nominated by virtue of their competence in technical matters, following the commission's decision. 4. Each committee shall elect its chairman. + Article 8 Interior Regulation and Financial Regulation Subject to the provisions of this Act, the Commission may, by a majority of two thirds of its members, adopt and amend its own internal and financial regulations, which shall comply with the internal rules adopted by the Conference and the organization's financial regulation. The committee's interior regulation and all amendments that could be brought will come into force as soon as they have been approved by the organisation's director-general. The Financial Regulation and amendments that could be brought will enter into force after approval by the Director-General, subject to ratification by the Board of the Organization. + Article 9 Observers 1. Any Member State of the organization, which is not part of the commission, or the associated Member State may, at its request, be represented by an observer at the sessions of the committee. He can submit referrals and participate in debates without the right to vote. 2. States that are not part of the commission and are not members or associate members of the organization, but are members of the United Nations or of any of the specialized institutions or of the International Atomic Energy Agency, may, at their request, with the assent of the commission, given through its chairman and subject to the provisions adopted by the organisation's conference on the concession of observer status, be invited to attend the committee's sessions as observer. 3. The participation of international organizations in the commission's work and relations between the commission and these organizations are regulated by relevant provisions of the articles of association and of the general regulation of the organization, as well as adopted at the organization's conference or board, on relations with international organizations. These relationships are ensured through the general manager of the organization. Relations between the organization and the office are regulated by the agreements in force between them. + Article 10 Executive Board 1. The Commission shall constitute an executive committee composed of the chairman and two vice-presidents of the commission and 5 members of the delegates elected by the commission at the end of each regular session. The chairman of the committee is the chairman 2. The members of the executive committee shall remain in office until the end of the next regular session of the commission. They can be re-elected. 3. If a vacancy occurs in the executive committee, the committee may request a member of the committee to appoint a representative to fill the vacancy until the expiry of the term of office. 4. The Executive Board shall meet at least twice in the interval between two ordinary sessions of the Commission. 5. The Secretary of the Commission shall provide the Executive Board + Article 11 Executive Board functions Executive Board: 1. submit proposals to the Commission on the overall orientation of the work and the work programme; 2. translates into life the policies and programs approved by the commission; 3. submits to the commission the program and administrative budget and accounting records for the last 2 years; 4. shall draw up and submit for approval to the Commission and to the Director-General of the organization the report on the work of the commission 5. bring to fruition all the tasks entrusted by the commission, in particular those provided for in paragraph 1 of art. 5 5, on emergency cases. + Article 12 Administration 1. The members of the secretariat of the commission shall be appointed by the Director General, with the approval of the Chairman of the Executive Board and shall be administratively liable before the Director General Their status as well as their employment conditions are the same as the organization's staff. 2. The expenses of the commission shall be covered by the administrative budget, except for those related to the personnel, services and buildings that the organization may make available to it. The expenses that fall to the organization shall be determined and honored by the organization within the biennial budget drawn up by the Director General and approved by the organization's conference, in accordance with the provisions of the General Regulation and of the organisation's financial regulation. 3 3. The expenses related to the participation of delegates, alternates, experts and advisers at the sessions of the commission and its committees, as government representatives, as well as the expenses related to the participation of observers in sessions fall to the governments and organisations concerned. The costs of the experts invited by the Commission or its committees to attend meetings, on a personal basis, shall be the responsibility of the committee's budget + Article 13 Finance 1. Each Member shall undertake to submit to the administrative budget an annual contribution, in accordance with the scale established by the Commission, adopted by a majority of two thirds of its members, in accordance with the provisions of the Financial Regulation. 2 2. The contribution of the members of the commission, admitted in the interval between two ordinary sessions of the commission, shall be determined by the executive committee in accordance with the provisions of the financial regulation of the commission; for this purpose, account shall be taken of criteria that may be set out in the above-mentioned Regulation. The decisions of the executive committee on matters shall be submitted to the commission at its next regular session. 3. The annual contributions referred to in paragraphs 1 and 2 above shall be chargeable before the expiry of the first month of the year for which they are due. 4. Additional contributions may be accepted by one or more members, by organizations or private persons, in order to finance emergency measures or to start special projects or combat campaigns that the commission or the executive committee may adopt or recommend them in application of the provisions of art. 5. 5. All member contributions shall be paid in currency determined by the commission, with the consent of each of those interested. 6.Any contribution received shall be paid to a "deposit fund", administered by the Director-General of the Organization, in accordance with the provisions of the Financial Regulation of the Organization. 7. At the conclusion of each financial year, any uncommitted balance of the administrative budget shall be entered in a special account, the funds of which may be used for the purposes referred to in 4 4 and 5. + Article 14 Amendments 1. This constituent act may be amended by a decision taken by the commission by a two-thirds majority of its members. 2. Proposals for amendment to this act may be presented by all members of the commission by a communication addressed to the chairman of the commission and to the director-general of The Director-General shall immediately inform the members of the Commission of any amendment 3. No amendment proposal to this Act may be entered on the agenda of a session if the Director-General of the Organization was not endorsed at least 120 days prior to the opening of the session. 4. Amendments shall not enter into force until they have been approved by the organization's council. 5. An amendment which does not entail new obligations for its members shall enter into force from the day on which the Council is pronounced. 6. An amendment which, in the opinion of the commission, trains additional obligations for the members of the commission, comes into force, after the approval of the council, for those members of the commission who accept it, beginning with the day from which the number of members is two % of the members of the commission; after that date, it shall enter into force, for any other member of the commission, from the date on which the director-general receives the instrument of acceptance of that amendment from the Member 7. The instruments of acceptance of amendments that train additional obligations shall be remitted to the Director-General of the Organization, who shall inform all the members of the Commission of the receipt 8. The rights and obligations of any member of the commission, who has not accepted an amendment that trains additional obligations, extends for a period not exceeding 2 years from the date of entry into force of the amendment, may be regulated by the provisions of the constituent act in force prior to the date on which that amendment entered into force Upon expiry of this period, any member of the commission who will not accept this amendment shall be subject to the provisions of the constituent act thus amended 9. The Director General shall inform all members of the Commission of the entry into force of any + Article 15 Accession 1. The accession to this constitutive act shall be made by depositing the instrument of accession to the Director General of the Organization and shall enter into force, for the members of the organization or office, upon receipt of the above-mentioned instrument by the general, which immediately informs each of the members of the commission. 2 2. Admission as a member of the commission, as regards the states that satisfy the conditions set out in the first article, but which are not part of the organization or office, shall enter into force starting with the date on which the commission approves the application for admission according to the provisions of art. 1. The Director-General shall inform each member of the committee about the approval of any application 3. Acceptance to this Articles of Association may be subject to reservations. The Director-General shall immediately notify each member of the Commission of receipt of any application for admission or instrument of accession to this Act, containing a reserve. A reserve shall enter into force only after the unanimous approval of the members of the committee. The members of the commission, who will not reply within 3 months from the date of notification, shall be deemed to have accepted the reserve. If a reserve has not been unanimously approved by the members of the commission, the State which made this reserve shall not become a party to this Articles of Association. + Article 16 Withdrawal 1. Any member may withdraw from the commission after the expiry of a period of one year, starting with the most recent of the following two dates: the date of entry into force of this act or the date on which the adhesion of that member entered into force. To that end, he shall notify in writing his withdrawal to the Director-General of the Organization, who shall immediately inform all members of the The withdrawal shall become effective one year after the date of receipt of the withdrawal notice. 2. Any member who has not paid the related contributions for two consecutive years will be considered to be withdrawn from the commission. 3. Any member of the commission who, as a result of his withdrawal from the organization or office, is no longer a member of either of these two institutions, will be considered to be withdrawn simultaneously from the commission. + Article 17 Dispute settlement 1. In the event of an appeal concerning the interpretation or application of this act, the member or interested members may request the Director-General of the Organization to appoint a committee responsible for examining the dispute. 2. The Director-General, after being informed by the interested members, shall appoint a committee of experts comprising representatives of the appointed members. This committee shall examine the dispute in light of all the documents and evidence presented by the interested members. The Committee shall report to the Director-General of the Organization, who shall communicate it to interested members and other members of 3. Entering the recognition of the recommendations of this committee has a binding nature, the members agree that they will serve as the basis for a new examination by the interested members on the issue in dispute. 4. The interested parties shall bear, in equal parts, the expenses resulting from the appeal made to the expert committee. + Article 18 Dissolution 1 1. This act shall be repealed following a decision of the commission, taken by a majority of three quarters of the total number of the members of the commission. It will automatically be repealed if the number of the members of the commission, as a result of the withdrawal, becomes less than six. 2. If the present act is repealed, the general manager of the organization will liquidate the commission's asset and, after adjusting the liability, distribute proportionally the balance of the members on the basis of the contribution bar in force at the liquidation date. States that have not paid their contributions for 2 consecutive years will, in fact, be considered as withdrawn from the commission on the basis of the provisions of paragraph 2 of art. 16, not having the right to a share of the hip. + Article 19 Entry into force 1. This Articles of Association shall enter into force as soon as the Director-General receives the opinions of acceptance of six Member States of the Organization or of the Office, subject to the fact that the overall contribution of those States is at least 30% of the total administrative budget fixed in paragraph 1 of art. 13. 2. States which have deposited the instruments of accession shall be informed by the Director-General of the date on which this Act enters into force. 3.The text of this act, written in English, French and Spanish, having the same validity, was approved by the organization's conference on December 11, 1953. 4. Two copies of this text shall be authenticated by the President of the Conference and the Director-General of the Organization; a copy shall be deposited with the Secretary-General of the United Nations and another at the archives of the Organization. Copies of the certificates signed by the Director-General shall be addressed to all members of the Commission, indicating the date on which this Articles of Association has entered into force. -----------