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RS 0.142.36 Agreement of 1er June 1993 between the Swiss Confederation and the Republic of Austria concerning the establishment and operation of the International Centre for the Development of Migration Policies (CIDPM) in Vienna

Original Language Title: RS 0.142.36 Accord du 1er juin 1993 entre la Confédération suisse et la République d’Autriche concernant l’établissement et le fonctionnement du Centre international pour le développement de politiques migratoires (CIDPM) à Vienne

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0.142.36

Translation 1

Agreement

Between the Swiss Confederation and the Republic of Austria concerning the establishment and operation of the International Centre for the Development of Migration Policies (CIDPM) in Vienna

Conclu in Vienna on 1 Er June 1993

Approved by the Federal Assembly on June 18, 2004 2

Entered into force for Switzerland with retroactive effect on 1 Er May 1993

(Status on 8 February 2005)

Art. 1 Objectives of the Agreement

In recent years, irregular and irregular South-North migration movements have intensified and new East-West migrations have been observed for some time. Although essential, border control measures are not sufficient, as currently applied, to maintain immigration flows and control their composition in accordance with the expectations of the contracting parties. The development and implementation of long-term strategies is therefore crucial to the management of migration. These strategies must allow for the early identification of the phenomenon, combat its causes and, finally, harmonise border control measures and the various policies on foreigners, refugees and asylum seekers.

The purpose of this Agreement is to promote international cooperation and research on migration management.

Art. 2 1 International Centre for Migration Policy Development

(1) The Contracting Parties shall recognize the International Centre for Migration Policy Development (ICMPD), which is based in Vienna, as an international organization. The task of the ICMPD will be to analyse the actual and potential migratory flows to the countries of Europe, to observe the development of the situation in the main countries of origin of migrants, and to develop measures aimed at Improve the identification and control of migratory movements.

(2) The above international organization shall be a legal entity.

(3) The legal personality, prerogatives and immunities of the ICMPD in the Republic of Austria shall be subject to the law in force in the Republic of Austria.


1 Following the ac. Of 26 April 1996 between the Swiss Confederation, the Republic of Austria and the Republic of Hungary, this Agreement has been completed and amended.

Art. 3 Orientation Group

The representatives of the Contracting Parties constitute an Orientation Group. Each Contracting Party shall have one seat.

The Chair of the Steering Group is assumed successively by each Contracting Party.

The Orientation Group meets as often as they deem necessary, but at least three times a year.

Art. 4 Tasks of the Orientation Group

The Orientation Group

-
Oversees the activities and operations of the ICMPD,
-
Appoint the Director of the ICMPD,
-
Approves the Annual Report of the Director of the ICMPD,
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Approves and funds the regular annual budget of the ICMPD,
-
Approves the annual accounts of the ICMP,
-
Approves the work programme of the ICMPD,
-
Approves the ICMPD Conference Program,
-
Approves the agreements concluded by the ICMPD,
-
Approves projects submitted by or to the ICMPD,
-
Supports the ICMPD in its political contacts,
-
Takes note of the progress reports of the ICMPD,
-
Advises the Director of ICMPD on matters of importance,
-
Appoints the members of the Advisory Committee,
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Proposes and decides on the admission of new members.
Art. 5 Director of ICMPD

The Director of ICMPD works closely with international and national organizations and institutions active in the field of migration management. It shall act, as appropriate, in accordance with the request of international organisations, conferences, arrangements and action plans-such as those in Vienna, Berlin or Budapest-or other related fora. It shall be informed of the migratory policies and practices applied in the industrialised and other countries concerned and of the research carried out in the field. It manages and maintains documentation on the subject. It also analyses migration policies and trends, as well as developing appropriate strategies to solve migration problems.

The Strategic Platform created within the framework of the "Informal Consultations" is an important basis for the Director's work. In this context, the latter considers in particular the question of the reception possibilities that the contracting parties have on the demographic, economic, social, political, cultural and ecological plans. In addition, it supervises and intensifies efforts to combat the causes of migration, with a view to better control of migratory movements. Finally, it makes proposals for the harmonisation of migration policies and practices at international level.

The Director of the ICMPD reports directly to the Steering Group. It recruits and supervises the staff to whom funds have been allocated. Its tasks are defined in detail and regulated in a separate document.

Art. 6 Use of the services offered by the ICMPD

Contracting Parties are authorized to make unlimited use of all results arising from the activities of the ICMPD insofar as they contribute to the development of their migration policies and to the efforts made at the level And international migration management.

If they consider it appropriate, the contracting parties may make these results available to the institutions concerned by the migratory phenomenon.

Within the limits of their availability, the services of the ICMPD are at the full disposal of the Contracting Parties.

Art. 7 1 Funding for the ICMPD

All the regular costs of the ICMPD are borne by the Contracting Parties alone.

Each year, the Director of the ICMPD shall forward to the Steering Group a draft budget for the following year covering the costs incurred by staff, travel, premises, administration and representation of the Centre. The Policy Group approves the budget and allocates costs-in equal shares to the extent possible-between the contracting parties.

The ICMPD will accept, where appropriate, grants to projects, voluntary contributions and other donations made in its favour.

Any changes to the budget, including any increase in the contributions to which the Contracting Parties could be submitted, must be approved by the Steering Group.


1 Following the action of 27 March 1996 between the Swiss Confederation, the Republic of Austria and the Republic of Hungary, this Agreement has been amended and extended.

Art. 8 New Parties and International Organizations

The Policy Group may invite new States and inter-national organizations to become parties to this Agreement.

Mutual trust and common interest are prerequisites for the accession of new parties to this Agreement. 1


1 New content according to Art. 1 ch. 1 of 25 June 2003, in force for Switzerland since 30 April 2004 ( RO 2005 763 ).

Art. Advisory Committee

The Director of the ICMPD is assisted by an Advisory Committee consisting of politicians and scientists, and in which various countries and international organizations are represented. The Advisory Committee cannot issue orders to the Director of the ICMPD. On the other hand, it can propose projects and participate in the search for the funds necessary for the establishment of the latter.

Art. 10 1 Headquarters and Administration of ICMPD

The Republic of Austria undertakes to facilitate, to the extent possible, the operation and activities of the ICMPD and its staff in the implementation of this Agreement.


1 Following the ac. Of 26 April 1996 between the Swiss Confederation, the Republic of Austria and the Republic of Hungary, this Agreement has been completed and amended.

Art. 11 1 Termination of the Agreement

Each Contracting Party may terminate this Agreement by three months' notice.


1 New numbering following the repeal of s. 11 by art. 1 ch. 2 and 3 of 25 June 2003, with effect for Switzerland as at 30 April 2004 ( RO 2005 763 ).

Art. 12 1 Entry into Force Scope of the Agreement December 13, 2004

This Agreement shall enter into force retroactively on 1 Er May 1993.

Vienna, 1 Er June 1993.


1 New numbering following the repeal of s. 11 by art. 1 ch. 2 and 3 of 25 June 2003, with effect for Switzerland as at 30 April 2004 ( RO 2005 763 ).

Scope of the Agreement December 13, 2004

States Parties

Ratification

Entry into force

Austria

30 March

2004

April 30

2004

Bulgaria

29 April

2004

April 30

2004

Croatia

September 14

2004

April 30

2004

Hungary

24 June

2004

April 30

2004

Poland

6 December

2004

April 30

2004

Czech Republic

April 21

2004

April 30

2004

Slovenia

7 December

2004

April 30

2004

Sweden

1 Er October

2003

April 30

2004

Switzerland

12 November

2004

April 30

2004


RO 2005 757 ; FF 2003 3297


1 The original German text is published under the same figure in the German edition of this collection.
2 RO 2005 755


State 11. July 2006