Law No 117 of 15 December 1992 concerning acceptance by Romania of the memorandum of the European Commission for combating Fmd PARLIAMENT published in ISSUING the OFFICIAL GAZETTE NR. 331 of 24 December 1992 Parliament adopts this law.
The sole article of incorporation of Romania acceded to the European Commission for combating Fmd, approved by the United Nations Conference on food and agriculture on 11 December 1953, amended by the Commission at its 22nd session from 29 March to 1 April 1977 and approved by the United Nations for food and Agriculture at the 72 session from 8 to 10 November 1977.
This law was adopted by the Senate at its meeting on 1 September 1992, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. MAHADEVAPPA GAITAN this law was adopted by the Chamber of deputies at its meeting of 3 December 1992 in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE MEMORANDUM of the European Commission for combating Fmd) Contracting States, taking into account the need for urgency of preventing that European agriculture to be submitted again some heavy losses from animal diseases as foot-repeated, set up, within the framework of the United Nations Organization for food and agriculture, a Committee called European Commission fight against Fmd whose object is to stimulate the national and international level of appropriate measures for combating FMD in Europe.
Note *) as amended by the Commission at its 22nd session (29 March-1 April 1977) and approved by the United Nations for food and Agriculture at the 72 session (8-10 November 1977). Version.
Article 1 members 1. Can become members of the European Commission for the Fight against foot and mouth disease (hereinafter referred to as the Commission) European States members of the United Nations Organization for food and Agriculture and the European States that are members of the Office International des Epizooties, forming part of the United Nations that adhere to this memorandum, in accordance with article 4. 15. The Commission may, as a two-thirds majority of its members to approve the membership of the Commission, any other european country that is part of the United Nations or any other specialized institutions or of International Atomic Energy Agency, who have lodged an application for admission, accompanied by an official tool accepts the obligations arising from the memorandum in force at the time of his admission.
2. The United Nations Organization for food and Agriculture (hereinafter referred to as the Organization), the Office International des Epizooties (hereinafter referred to as the Office) and the Organization for economic cooperation and development, shall be entitled to be represented at all sessions of the Commission and its committees, their representatives, however, did not vote.
Article 2 obligations of the members of the national policy and international cooperation on the fight against foot and mouth disease 1. Members are committed to fight against foot and mouth disease and to eradicate it by the adoption of health measures and quarantine, as well as by applying one or more of the following methods: 1. conduct the slaughter;
2. the conduct of combined slaughter and vaccination;
3. full immunization of cattle through vaccination;
4. vaccinating the herd in a certain perimeter around the outbreaks of foot-.
The methods adopted will be rigorously applied.
2. Members who adopt the 2nd or 4th method is committed to procure a sufficient amount of virus for vaccine production and sufficient vaccine to ensure protection of the herd where the epidemic is declared. Each Member shall accord other members all support and cooperation with regard to an action against FMD commune, in particular for the supply of the vaccine and the virus, if necessary. The quantities of virus and the vaccine what are put in reserve for national and international use will be determined by the members of the Commission and in the light of the conclusions of the opinions given by the Office.
3. members shall take measures in order to be immediately identified the virus during an epizootic-fever and will communicate the results of the Identification Commission and the Office.
4. members shall undertake to supply the Commission with all the information it would need in order to carry out its functions. In particular, they shall indicate to the Commission without delay, and Office all new epidemics and their extension and will provide detailed reports for this purpose which could be useful to the Commission.
Article 3 the headquarters of 1. The Commission's headquarters and the headquarters of the Secretariat or in Rome, at the headquarters of the organization.
2. the Commission shall be at the registered office or, reunites with unless it has been otherwise resolved at a previous session or, in exceptional circumstances, by the Executive Committee.
Article 4 General Functions General Functions of the Commission are the following: 1. the conclusion by the Office, through the Director-general of the Organization and within the framework of any agreement that exists between your organization and its agreements to ensure that: 1.1. all members will receive notices on any technical problems concerned with the fight against FMD;
1.2. information on the epidemics of foot-and identify viruses will be carried out and running in the shortest time;
1.3. Special research works which they require foot-will be carried out;
2. gathering information on national programmes and research on battle-fever;
3. consistent with the determination, the interested members of the nature and magnitude of the assistance they require for the performance of their members;
4. promote and organize, every time when such action will be necessary, concerted action to overcome difficulties in programme implementation of the mailinglists and struggle and, in doing so, to take measures enabling to dispose of the resources needed for the production and storage of vaccines, for example, on the basis of agreements concluded between the members;
5. the provision of the necessary material means of identifying viruses;
6. to study the possibilities of creating an international laboratory for virus identification and production of vaccines;
7. fixing and keeping up to date a register on the virus and vaccine availability in different countries;
8. supply, other organizations, any notices regarding award of funding available for the fight against FMD in Europe;
9. conclusion, through the Director-general of the Organization, with other organizations, advocacy groups, regional State, who are not members of the Commission, arrangements for the purpose of their participation in the work of the Commission or of its committees, as well as arrangements of mutual assistance on matters of the fight against FMD. These agreements will lead to the creation of joint committees or from participation in the work of such committees;
10. examination and approval for transmission to the Council, the Organization, through the Director general reports to the Executive Committee, reporting over the past year, as well as of the programme of work and of the biennial budget period.
Article 5 Special Functions the Special Functions of the Commission are the following: 1. to contribute as members of the Commission considered, the fight against epidemics of fever-critical character. To this end, the Commission or the Committee or the Executive Board, acting pursuant to paragraph 5 of article 12. 11, may use all budget out of balance, the unemployed about the case in paragraph 7 of article. 13 and all additional contributions paid for the purpose of emergency measures, in accordance with the provisions of paragraph up amintitului article.
2. to take measures in the following areas: 2.1. production and storage, by the Commission or on behalf or virus and vaccines distributed to members in case of necessity;
2.2. encouraging the establishment by the members, in case of need, for the purposes of sanitary cordons circumscrierii disease control;
3. to carry out any new project determined that might 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 can be used for the purposes described in paragraphs 2 and 3 of this article, provided that this decision should be approved by the Commission by a majority of two thirds of the votes cast, this majority must be half the number of members of the Commission.
Article 6 1 Sessions. Each Member shall be represented at sessions of the Commission by one delegate, who may be accompanied by alternate representatives, experts and advisers. Alternates, experts and advisers may take part in the deliberations of the Commission, but they have no voting rights, except when an alternate is duly authorized to substitute delegate.
2. Each Member shall have one vote. Commission decisions are taken by a majority of votes, except when otherwise provided for in this act. The majority of the members of the Commission constitute a quorum.
3. The Commission shall elect, from among the delegates, at the end of each ordinary session, a Chairperson and two Vice-Chairpersons. The President and the Vice-Presidents shall remain in Office at the end of the next regular session. They may be re-elected.
4. The Director-general of the Organization, in accordance with the President of the Commission, the Commission shall convene in regular session at least once every 2 years.
He may convene the Commission in extraordinary session, either in agreement with the President of the Commission or at the request of the Commission, expressed in the course of an ordinary session or at the request of at least one third of the members of the Commission, formulated within the ordinary sessions.
Article 7 Committees 1. The Commission may create special temporary or permanent committees, responsible for conducting studies and reports on matters from the jurisdiction of the Commission, provided that the approved budget of the Commission to make available the necessary funds.
2. These committees are convened by the Director general of the Organization, together with the President of the Commission, at the places and dates that suit the purpose for which they were created.
3. Of these committees can be part all the members of the Commission, some of its members nominated by virtue of their competence in technical problems as a result of the Commission's decision.
4. Each Committee shall elect its Chairman.
Article 8 of the Financial Regulation and rules of interior subject to the provisions of this act, the Commission may, with the two-thirds majority of its membership, adopt and amend its own financial regulations and which comply with the regulation adopted by the Conference of the interior and of the financial regulation. The Commission Regulation and all the amendments which could be made will enter into force once they have been approved by the Director general of the organization. Financial regulation and the amendments that could be made will become effective upon approval by the Director general, subject to ratification by the Board of the organization.
Article 9 Observers 1. Any State member of the Organization, which is not part of the Commission, a Member State or associate may, on application, may be represented by an observer at sessions of the Commission. He may present papers and to participate in the deliberations without the right to vote.
2. States which are not part of the Commission and are members or associate members of the organisation, but are members of the United Nations or of any of the specialized institutions or of the International Atomic Energy Agency, may, upon request, with the consent of the Commission, through its President or and subject to the provisions adopted by the Conference of the Organization relating to the grant of observer status to be invited to attend sessions of the Commission as an observer.
3. participation of international organizations in the work of the Commission and the relations between the Commission and these organizations are governed by the relevant provisions of the memorandum and of the internal regulations of the Organization, as well as the rules adopted by the Conference or Council of the Organization, relations with international organizations. These relationships are provided through the Director general of the organization. Relations between the Organization and the Office are covered by the agreements in force between them.
Article 10 the Executive Board 1. The Commission shall constitute an Executive Committee composed of the Chairman and two Vice-Chairmen of the Commission and 5 members of the elected delegates of the Commission at the end of each session. The Chairman is the President of the Executive Committee.
2. the members of the Executive Committee remain in Office at the end of the next regular session of the Commission. They may be re-elected.
3. Where the Executive Committee a vacancy occurs, the Committee may request a member of the Commission to appoint a representative who's seat to become vacant before the expiry of the term.
4. the Executive Committee shall be at least two gathers or in the interval between two regular sessions of the Commission.
5. The Secretary of the Commission ensure the functions of the Secretary of the Executive Committee.
Article 11 the Executive Committee the Executive Committee Functions: 1. submit to the Commission proposals relating to the general orientation of the activities and work programme;
2. translate into life policies and programs approved by the Commission;
3. refer to the Commission the draft programme and budget for administrative and accounting over the last 2 years;
4. draw up and submit to the Commission for approval and submit to the Director-general of the Commission's report on the work of the Organization over the past 2 years;
5. bring out all the tasks entrusted to it by the Commission, in particular those referred to in paragraph 1 of article 3. 5, relating to emergency cases.
Article 12 Administration 1. The members of the Secretariat shall be appointed by the Director-general with the approval of the Chairman of the Executive Committee and are responsible in terms of administrative burden in the face of the Director general. Their status as well as their conditions of employment are the same with the staff of the organization.
2. The expenses of the Commission are covered by the administrative budget, with the exception of those that are related to the personnel, services and real estate organization may be placed at his disposal. Expenses that fall into the task organization are established and honored by the Organization in the context of the biennial budget prepared by the Director-general and approved by the Conference of the Organization, in accordance with the provisions of the general regulation and the financial regulation of the organization.
3. the costs of participation of delegates, alternates, experts and advisers to the sessions of the Commission and its committees, as government representatives, as well as expenses related to the participation of observers at sessions fall into the task of Governments and organizations concerned. The expenses of experts invited by the Commission or its committees to attend meetings, personal, fall into the budget of the Commission.
Article 13 Finances 1. Each Member undertakes to submit a contribution to the annual administrative budget, in accordance with a schedule established by the Commission, adopted with a majority of two thirds of its members, in accordance with the provisions of the financial regulation.
2. The contribution of the members of the Commission, admitted in the interval between two regular sessions of the Commission, shall be determined by the Executive Committee in accordance with the provisions of the financial regulation of the Commission; to this end, it will take account of those criteria which may be laid down in the above-mentioned regulation. Decisions of the Executive Committee on the matter are submitted to the Commission at its session confirmation ordinary the next.
3. Annual Contributions referred to in paragraphs 1 and 2 above are payable before the end 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 individuals in order to finance emergency measures or its operation special projects or campaigns to combat the Commission or the Executive Committee may adopt or recommend the application of the provisions of article 3. 5.5. All contributions of members are paid in the currency determined by the Commission, with the consent of those concerned.
6. Any contribution received is paid at a "Trust Fund," administered by the Director-general of the Organization, in accordance with the provisions of the financial regulation.
7. At the end of each fiscal year, any balance of the administrative budget of the unemployed is inscribed in a special account, which funds may be used for the purposes listed in article 1. 4 and 5.
Article 14 Amendments 1. This memorandum may be amended by a decision taken by the Commission by a majority of two thirds of its members.
2. Proposals for amendment to this act may be submitted by all the members of the Commission through a communication addressed to the President of the Commission and the Director general of the organization. The Director-general shall immediately bring to the attention of the members of the Commission of any proposal for amendment.
3. Any proposal for an amendment to this act may not be included in the agenda of a session if the Director-general of the Organization has not been endorsed by at least 120 days prior to the opening of the session.
4. The amendments shall not enter into force than once they have been approved by the Board of the organization.
5. An amendment that does not entail new obligations for members shall come into force on the day on which the ruling Council.
6. An amendment which, in the opinion of the Commission, additional obligations for train Committee members, shall enter into force after the approval of the Council, for those members who accept it, starting with the day of the number of members shall be two-thirds of the members of the Commission; Thereafter, it shall enter into force for any member of the Commission, from the date on which the Director general receives from Member interested in the instrument of acceptance of that amendment.
7. acceptance of amendments Instruments which train additional obligations are remitted to the Director-general of the organisation who shall immediately inform all the members of the Commission's receipt of such instruments.
8. the rights and obligations of any member of the Commission, has not accepted an amendment, what train additional obligations shall be extended for a period not exceeding two years from the date of entry into force of the amendment, can be regulated by the provisions of the memorandum of Association in force prior to the date on which that amendment came into force. Upon expiry of this period, any member of the Commission who will not accept this amendment will be subject to the provisions of the articles of incorporation so amended.
9. The Director-general shall inform all members of the Commission for the entry into force of any amendment.
Article 15 Accession 1. Adhering to this memorandum is accomplished by depositing the instrument of accession to the Director-general of the organisation and shall take effect for the members of the organization or the Office, upon receiving the top so-called tool by the Director general, who shall immediately inform all of the members of the Commission.
2. The admission as a member of the Commission, as regards those States which meet the conditions laid down in the first article, but which are not part of your organization or Office, shall take effect as of the date on which the Commission approves the application for admission in accordance with article 4. 1. The Director-general shall inform each Member of the Commission approving any request for admission.
3. The present memorandum may be subject to reservations. The Director-general shall immediately notify each Member of the Commission's receipt of any request for acceptance or accession to this instrument, containing a book. A reserve has not entered into force after unanimous approval than the members of the Commission. Members of the Commission, which will not respond within a period of 3 months from the date of notification shall be deemed to have accepted the book.
If a backup has not been approved unanimously by the members of the Commission, the State that has made this book does not become a party to this memorandum.
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 application of that Member has entered into force. To this end, it will notify you in writing of the withdrawal to the Director-general of the organisation who shall immediately inform all the members of the Commission. The withdrawal shall become effective one year after receipt of the notice of withdrawal.
2. Any member who has not paid the related contributions on two consecutive years will be considered as withdrawn from the Commission.
3. Any member of the Commission, which, as a result of his withdrawal from Office or organization, is no longer a member of any of these two institutions, will be considered as withdrawn from the Commission at the same time.
Article 17 regulation of disputes 1. In the case of opposition concerning the interpretation or application of this act, the Member or members interested may request the Director-general of the Organization to appoint a Committee charged with examining the dispute.
2. The Director-general, after taking to the attention of the members of the parties concerned, shall appoint a Committee of experts consisting of representatives of the unique rock massif.
The Committee shall examine the dispute in the light of all the documents and evidence presented by the members concerned. The Committee shall submit a report to the Director-general of the Organization, which it shall communicate to interested members and other members of the Commission.
3. recognition of the Committee's recommendations As a mandatory character, members agree that they will serve as the basis for a new examination by members interested in the matter in dispute.
4. members interested in support, in equal parts, charges resulting from an appeal made to the Committee of experts.
Article 18 Dissolution 1. This act shall be repealed by a decision of the Commission taken by a majority of three-fourths of the total number of members of the Commission. He will automatically be repealed when the number of members of the Commission, as a result of the withdrawal, it becomes less than six.
2. Where this act will be repealed, Director-general of the organisation will Commission and assets liquid, after adjusting the proportional liability, will distribute the balance of members on the basis of the scale of contributions to the force as at the date of liquidation. Those States which have not paid their contributions for two consecutive years will be considered, in fact, as drawn from the Commission on the basis of the provisions of paragraph 2 of article 10. 16, with no right to a share in the balance.
Article 19 entry into force 1. This memorandum shall enter into force as soon as the Director general receives notices of acceptance of the six Member States of the organization or of the Office, provided that the overall contribution of those States to represent at least 30% of the total administrative budget fixed in paragraph 1 of article 7. 13.2. Those States which have deposited their instruments of accession shall be notified by the Director general as to the date at which this act comes into force.
3. the text of this act, drawn up in the English, French and Spanish, with the same validity, was approved by the Conference organization on 11 December 1953.
4. Two copies of this text will be authenticated by the signature of 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 from 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 the present memorandum enters into force.