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RS 0.740.1 Protocol of 17 October 1953 on the European Conference of Ministers of Transport (with Rules of Procedure)

Original Language Title: RS 0.740.1 Protocole du 17 octobre 1953 relatif à la Conférence européenne des Ministres des transports (avec règlement intérieur)

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0.740.1

Original text

Protocol on the European Conference of Ministers of Transport

Conclu in Brussels on 17 October 1953
Entered into force for Switzerland on 31 December 1953

(State on 2 June 2009)

The Governments represented at the European Conference of Ministers of Transport, meeting in Brussels, from 13 to 17 October 1953,

Wishing to establish a procedure for taking effective measures to coordinate and rationalise European inland transport of international importance,

Agreed to the following:

Art. 1 European Conference of Ministers of Transport

A "European Conference of Ministers of Transport" (hereinafter referred to as the "Conference") is hereby organised.

Art. 2 Structure of the Conference

The Conference shall include:

(a)
A Council of Ministers of Transport (hereafter referred to as the Council);
(b)
A Committee of Alternates (hereafter referred to as the Committee);

These two bodies are assisted by an Administrative Secretariat.

Art. 3 Objective of the Conference

The objectives of the Conference are:

(a)
Take all measures designed to achieve, within a general or regional framework, the best use and the most rational development of European inland transport of international importance;
(b)
To coordinate and promote the work of the International Organisations interested in European inland transport, taking into account the activities of the supranational authorities in this field.
Art. 4 Members and associate members of the Conference

The Contracting Parties to this Protocol shall be members of the Conference.

2. Associate members of the Conference shall be the Government of the United States of America and the Government of Canada, if they so request, as well as any other government whose application for membership as an associate member has been approved unanimously By the Council.

3. Associate members may be represented by observers at all meetings of the Council and the Committee. All documents emanating from the Conference are communicated to them.

Art. 5 Council of Ministers

The Council is composed of Ministers who have internal transport within their own government. In the event that, in a government, various matters of internal transport fall within the competence of two or more Ministers, they may participate in the work of the Council, provided that no member government has more than one Votes in the Council.

Art. 6 Committee of Substitutes

The Committee shall be composed of officials appointed on the basis of a substitute by the Minister, on the understanding that no member Government shall have more than one vote in the Committee.

The role of the Committee is to:

(a)
Prepare Council meetings;
(b)
Deal with matters for which a delegation would be given to it by the Council;
(c)
To inform the Council of the measures taken in the various countries to give effect to the conclusions reached in the Conference.
Art. 7 Administrative Provisions

(a) The administrative seat of the Conference shall be fixed in Paris. The Council shall meet at the administrative seat of the Conference or at any other place, as it shall decide. The Committee shall normally meet at the administrative seat of the Conference and may meet in another place if the Council so decides, in agreement with the Government concerned.

(b) The Administrative Secretariat is administratively attached to the Secretariat of the European Economic Cooperation Organization, but in the performance of its functions, it depends solely on the Conference. The Administrative Secretaries shall be appointed with the approval of the Conference. They are responsible for the drafting of agendas, minutes and minutes of meetings of the Council and the Committee. They record the conclusions of the Conference and are responsible for the distribution of documents and the preservation of the archives of the Conference.

Art. 8 Restricted Groups

(a) Restricted groups may be formed to study and continue the discussion, within the framework of the Conference, of issues of particular interest to certain members and returning to the objectives of the Conference.

(b) The formation of a small group shall be notified to the Council, which shall be kept informed of the general progress of the work of that group.

(c) Other members, if they consider themselves interested, will be allowed to follow the studies and discussions of the Restricted Group, but may not object to them being pursued in the course of the Conference.

Art. Conclusions of the Conference

(a) The conclusions of the Conference shall be implemented in the countries which have joined the Conference; for that purpose, the Ministers of Transport concerned shall either take or propose each as far as it is concerned, and within its competence All appropriate measures.

(b) If the conclusion of a general or restricted international agreement appears to be necessary, each Minister of Transport concerned shall require his Government to grant full powers to himself, or to one or more persons To conclude this international agreement. Any international agreement concluded between a number of member governments will be open to the accession of other member governments.

(c) In certain special cases, the Conference or a Restricted Group may, through a unanimous vote, and notwithstanding the provisions of paras. (a) and (b) above, transmit its findings to an international organization of decision-making authority, requesting that it adopt that conclusion, as a decision of its own.

(d) Any government that is a member of the Conference, but does not accede to an international organization that would have made a decision under the provisions of para. (c) above, may notify the Conference of its intention to act as if it were bound by that decision.

Art. 10 Financial regime

(a) The European Economic Cooperation Organization shall be invited to take responsibility for the salaries and expenses of the Administrative Secretariat and to provide the material resources necessary for the proper functioning of the Conference. However, when one of the organs of the Conference meets outside its headquarters, the inviting country shall bear the costs of the meeting, subject to the salaries of the Administrative Secretariat which are the responsibility of the European Organization Economic Cooperation.

(b) Governments that are members of the Conference that are not members of the European Economic Cooperation Organization shall contribute to the expenses of the Conference in accordance with the special provisions to be agreed between those Governments and the Organization European Economic Cooperation.

(c) The conditions of application of this article and of the art. 7 above will be the subject of an arrangement between the Conference and the European Organisation for Economic Cooperation.

Art. 11 Relations with international organizations

(a) The Conference may establish relations with international, supranational, intergovernmental and non-governmental organizations interested in European inland transport issues.

(b) If the Conference has identified specific technical issues which may require a particular study, the Council or the Committee shall, whenever possible and in the manner that it deems most appropriate, entrust to an organization International, intergovernmental or non-governmental competent, interested in European inland transport, the task of carrying out the necessary studies. Based on these studies, the Committee submits its findings to the Board for approval.

(c)
(1) It is recognised that the Conference has a major interest in consulting the European Organisation for Economic Cooperation on European inland transport issues of general economic interest, and also consulting others Organizations referred to in s. (a) above on transportation issues that are in their respective fields. This consultation will be of a reciprocal nature whenever possible.
(2)
If the European Economic Cooperation Organisation considers that a matter under consideration by the Conference is of general economic interest, it may require unanimity to be consulted, on the understanding that the Conference may also Problems of its own competence, request under the same conditions to be consulted by the European Organisation for Economic Cooperation.
Art. 12 Rules of procedure

The rules of procedure annexed to this Protocol shall govern the work of the Conference.

2. The Council may revise or supplement the Rules of Procedure by a unanimous decision.

Art. 13 Amendments

This Protocol may be amended by the Council, the Ministers having to decide unanimously and be in possession of full powers of their Government; the amendments shall enter into force as soon as all Member Governments have approved them.

Art. 14 Signature, ratification and entry into force

This Protocol shall remain open for signature in Brussels until the Er May 1954 to all the governments represented at the European Conference of Ministers of Transport held in Brussels from 13 to 17 October 1953.

2. Each of these Governments may become a Contracting Party to this Protocol:

(a)
By signature without reservation of ratification;
(b)
By signature subject to ratification, followed by ratification.

3. In the cases referred to in s. 2 (b) of this Article, the instruments of ratification shall be deposited with the Government of Belgium and the ratification shall take effect on the date of deposit of the instruments. Notification will be made by the Government of Belgium to the Governments referred to in paragraph 1 above.

(4) This Protocol shall enter into force as soon as at least six Governments have approved it on a final basis, either by signature without reservation of ratification or by signature followed by ratification. For each Government which, after the entry into force of this Protocol, shall sign it without reservation of ratification or ratification, the Protocol shall enter into force at the time of that signature or ratification.

5. However, pending the entry into force of this Protocol, the Governments which have signed it subject to ratification shall agree, in order to avoid any delay, to implement it as soon as its signature, on a provisional basis, for As long as their respective constitutional requirements permit.

Art. 15 Accession

1. Any non-signatory European Government may become a Contracting Party to this Protocol, by acceding to it after its request to be a member of the Conference has been unanimously approved by the Council.

2. Instruments of accession shall be deposited with the Government of Belgium and accession shall take effect upon their deposit.

Art. 16 Denunciation Rules of procedure of the Conference
European Ministers of Transport

Any Member Government may denounce this Protocol by giving six months' notice to the Belgian Government, which shall notify it to the other Member Governments.

In witness whereof, The undersigned Plenipotentiaries, duly authorized to that effect, have signed this Protocol.

Done at Brussels, on 17 October 1953, in English and in French, the two texts being equally authentic, in a single copy which shall remain deposited in the archives of the Government of Belgium, which shall transmit certified copies thereof to all Participating governments.

(Suivent signatures)

Rules of Procedure of the European Conference of Ministers of Transport

Art. 1 Council

(a) The Council shall elect, by a majority of the members present, a Bureau consisting of a President and two Vice-Presidents. This Office is elected in principle every year and remains in office until the appointment of a new Office.

(b) The outgoing President shall normally be replaced by the first Vice-President of the previous year, and the latter shall be replaced by the second Vice-Chairperson.

(c) If, during his term of office, a member of the Bureau ceases to be Minister of Transport within his or her own Government, he shall be automatically replaced by the Minister who succeeds him in those functions.

Art. 2

The Council shall normally meet at least once a year upon convocation by its President. In addition, the Council shall convene the Council where at least one third of the members of the Council expressly request it.

Art. 3 Committee

The Bureau of the Committee shall consist of a Chairman and two Vice-Chairpersons. In order to ensure close liaison between the Bureau of the Council and that of the Committee, the Chairman and the Vice-Presidents of the Committee shall be the Substitutes of the President and Vice-Presidents of the Council, respectively.

Art. 4

The Committee shall meet as often as it considers necessary and in any case at each session of the Council. The President shall also convene the Committee on the application or with the agreement of at least one third of its members.

Art. 5

Unless the Council decides otherwise, the meetings of the Council and the Committee shall not be public.

Art. 6 Restricted Groups

The small groups formed in accordance with Article 8 of the Protocol shall regulate their working methods.

Art. 7 Agenda

(a) Before each meeting of the Council or the Committee, the Bureau shall prepare a provisional agenda.

(b) At the first item of the agenda is the consideration of the measures taken by member countries to give effect to the Conclusions of the Conference.

(c) The provisional agenda shall be made available to all members at least six weeks before the date of each session of the Council and at least three weeks before the date of each session of the Committee.

(d) At the opening of each session, any member shall have the right to include a matter on the provisional agenda. The agenda was then adopted by a majority of the members present.

Art. 8 Votes

Resolutions adopted by the Council or the Committee on procedural matters relating to the procedure for their work shall be adopted by a majority of the members present, unless otherwise specified.

Art. Quorum

For any meeting of the Council or the Committee, a quorum shall be present when two-thirds of the members are present or represented.

Art. 10 Reporting

An account shall be drawn up for all meetings of the Council and the Committee.

Art. 11 Hearings

When the Conference discusses an issue for which an International Organization is competent, arrangements may be made by the Committee, deciding by majority to take note of the views of the Organization in question.

Art. 12 Miscellaneous Provisions

Unless the Bureau of the Council or the Committee decides otherwise, the documents emanating from the Conference shall be communicated only to the member and associate governments.

Art. 13 Scope of the Protocol on 2 June 2009

The Bureau of the Council may, with the agreement of the Council, issue press releases on the proceedings of the Conference.

Scope of the Protocol on 2 June 2009 1

States Parties

Ratification Accession (A) Declaration of succession (S) Signature without reservation of ratification (If)

Entry into force

Albania

15 November

2001 A

15 November

2001

Germany

17 October

1953 Si

31 December

1953

Armenia

15 December

2003 A

15 December

2003

Austria

April 26

1954 If

24 April

1954

Azerbaijan

7 October

1998 A

7 October

1998

Belarus

21 March

1997 A

21 March

1997

Belgium

17 November

1953

31 December

1953

Bosnia and Herzegovina

22 March

1994 A

22 March

1994

Bulgaria

8 June

1994 A

8 June

1994

Croatia

4 November

1992 S

8 October

1991

Denmark

July 13

1954

July 13

1954

Spain

13 January

1954

13 January

1954

Estonia

April 26

1993 A

April 26

1993

Finland

1 Er December

1976 A

1 Er December

1976

France

17 October

1953 Si

31 December

1953

Georgia

August 3

2000 A

August 3

2000

Greece

August 3

1955

August 3

1955

Hungary

3 December

1992 A

3 December

1992

Ireland

22 January

1963

22 January

1963

Iceland

August 20

1998 A

August 20

1998

Italy

17 October

1953 Si

31 December

1953

Latvia

24 May

2000 A

24 May

2000

Liechtenstein

8 March

2000 A

8 March

2000

Lithuania

27 December

1994 A

27 December

1994

Luxembourg

26 February

1955

26 February

1955

Macedonia

26 February

1997 A

26 February

1997

Malta

July 16

2002 A

July 16

2002

Moldova

August 30

1996 A

August 30

1996

Montenegro

17 October

2006 A

17 October

2006

Norway

July 13

1954

July 13

1954

Netherlands

March 9

1954

March 9

1954

Poland

30 June

1993 A

30 June

1993

Portugal

24 July

1954

24 July

1954

Czech Republic

July 6

1993 A

July 6

1993

Romania

25 November

1993 A

25 November

1993

United Kingdom

1 Er March

1954

1 Er March

1954

Russia

17 May

1999 A

17 May

1999

Serbia

18 July

2002 A

18 July

2002

Slovakia

February 16

1994 A

February 16

1994

Slovenia

14 December

1992 A

14 December

1992

Sweden

8 January

1954

8 January

1954

Switzerland

17 October

1953 Si

31 December

1953

Turkey

12 May

1954

12 May

1954

Ukraine

5 February

2002 A

5 February

2002


RO 1975 1747


1 A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status on 2 June 2009