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RS 0.921.2 Convention of 28 August 2003 on the European Forest Institute

Original Language Title: RS 0.921.2 Convention du 28 août 2003 sur l’Institut européen des forêts

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0.921.2

Authenticated Text

Convention on the European Forest Institute 1

Conclue to Joensuu August 28, 2003

Approved by the Federal Assembly on 1 Er October 2010 2

Instrument of ratification deposited by Switzerland on 8 March 2011

Entry into force for Switzerland on 7 May 2011

(State on 26 February 2016)

The Parties to this Convention,

Hereinafter referred to as the Contracting Parties,

Recalling forest decisions adopted at the United Nations Conference on Environment and Development in 1992, the Proposals for Action by the Ad Hoc Intergovernmental Group on Forests and the Forum Intergovernmental on Forests, the Expanded Programme of Work on the Biological Diversity of Forests of the Convention on Biological Diversity and the outcome of the World Summit on Sustainable Development,

Recognising the progress and results achieved in implementing the commitments of the Ministerial Conferences on the Protection of Forests in Europe,

Conscious of the changing nature of the European forest and forest issues, as well as the concerns of society and the need to generate relevant scientific data for good decision-making,

Whereas the European Forest Institute was established in the form of a Finnish law association in 1993 to contribute to the study of forestry, forests and forest conservation at European level,

Conscious of the interest in the inclusion of forestry and forest research in an international context,

Wishing to continue their cooperation in forestry and forestry research on an international basis while avoiding duplication of effort,

Agreed to the following:

Art. 1 The Institute

The European Forest Institute (hereinafter referred to as the Institute) shall be established by this Convention in the form of an international organization. It is based in Joensuu, Finland.

Art. 2 Purpose and Functions

The purpose of the Institute is to carry out research at the pan-European level on forestry policy, in particular its environmental aspects, on the ecology, multiple use, resources and health of European forests and on supply and Demand for wood and other forest products and services to promote the conservation and sustainable management of forests in Europe.

2. To achieve its goal, the Institute will:

(a)
Provides relevant information for policy-making and decision-making in European countries with regard to the forestry sector and the forest industry;
(b)
Conducts research in the areas mentioned above;
(c)
Develops research methods;
(d)
Organizes and participates in scientific meetings; and
(e)
Organizes and disseminates information on its work and results.
Art. 3 Information

Contracting Parties shall support the work of the Institute by providing information on forests on specific request, provided that they are not available from other data collection agencies and Can be reasonably provided. To avoid duplication, the Institute intends to ensure adequate coordination with other international bodies, including those who collect data.

Art. 4 Members, Associate and Affiliates of the Institute

The Contracting Parties shall be members of the Institute.

2. Associate members of the Institute shall be members of research institutes, educational institutions, commercial organisations, forestry authorities, non-governmental organisations and institutions of the same kind European (hereinafter referred to as associate members). Affiliates may be affiliated with institutions of the same kind as non-European states (hereinafter referred to as affiliated members). Affiliate members are not involved in the Institute's decision-making process.

Art. 5 Organs

The organs of the Institute shall be the Council, the Conference, the Governing Council and the Secretariat, headed by the Director.

Art. 6 The Council

The Council shall be composed of representatives of the members and shall meet in ordinary session every three years. An extraordinary session may be held at the request of one of the members or of the Board of Directors, with the agreement of the simple majority of the members.

2. The Council:

(a)
Designates the members of the Board of Directors in accordance with paras. (a), (c) and (d), para. 2 of the art. 8;
(b)
Agrees to the appointment of the Director in accordance with para. (d) para. 4 of Art. 8;
(c)
Determines the framework for the work of the Institute;
(d)
Makes decisions on general technical, financial or administrative matters submitted by members, the Conference or the Governing Council;
(e)
Approves, by a simple majority, the guidelines necessary for the operation of the Institute and its bodies, and
(f)
Approves and amends, by a simple majority, its Rules of Procedure.

3. Each member shall have one vote. Decisions shall be taken by consensus, unless otherwise provided by the Convention.

Art. 7 The Conference

The Conference shall consist of representatives of the associate members. It meets once a year in plenary session and takes its decisions by a simple majority. Affiliate members may participate in the annual plenary sessions of the Conference. Institutions and regional or international organizations that are not affiliated or affiliated members of the Institute may be invited to attend the plenary sessions of the Conference in accordance with the rules laid down by the Council Administration.

2. The Conference, inter alia:

(a)
Appoint members of the Board of Directors in accordance with paras. (b), (c) and (d) of s. 2 of the art. 8;
(b)
Sets the amount of contributions for associated and affiliated members;
(c)
Makes recommendations for initiating activities to achieve the Institute's objectives;
(d)
Approves the audited statement of accounts;
(e)
Approves the work programme for the following year submitted by the Governing Council;
(f)
Reviews and adopts the annual report on the activities of the Institute, and
(g)
Approves and amends its Rules of Procedure.
Art. 8 The Governing Council

The Board of Directors is composed of eight persons whose competence is recognized in the field of activities of the Institute. These members of the Board of Directors may hold office for up to two consecutive terms.

2.
(a) Four members of the Board of Directors shall be appointed by the Board for three years.
(b)
Four members of the Board of Directors are appointed for three years by the Conference.
(c)
The Council and the Conference shall adopt the rules concerning the appointment and rotation process of the members appointed by them.
(d)
Seats becoming vacant shall be filled under a written procedure, respectively, by the Council or the Conference.

The Governing Council shall meet at least once a year and shall take its decisions by a simple majority.

4. The Governing Council:

(a)
In the framework of action defined by the Council, establishes and continuously monitors the programme of work of the Institute in the administrative and research fields;
(b)
In accordance with the guidelines given by the Council, adopt the necessary internal regulations;
(c)
Approves the budget and accounts;
(d)
Appoints the Director, with the agreement of the Council;
(e)
Approves the admission and exclusion of associated and affiliated members;
(f)
Reports to the Council and the Conference;
(g)
In accordance with the directions given by the Commission approves the agreement referred to in Art. 12;
(h)
Approves and amends its Rules of Procedure, and
(i)
Establishes the rules referred to in s. 1 of the art. 7.
Art. The Secretariat

The Secretariat, headed by the Director, is composed of the staff of the Institute.

2. In accordance with the general instructions of the Council, the Conference and the Board of Directors, the Director shall appoint the additional staff necessary to meet the needs of the Institute under the conditions laid down and to exercise the Functions defined by the Director.

Art. 10 Financial Resources

The financial resources required for the operation of the Institute are provided by:

(a)
Associated and affiliated members, through contributions;
(b)
Members, through voluntary contributions, if they so wish, and
(c)
Any other sources that may arise.
Art. 11 Budget and Accounts

The budget and accounts of the Institute shall be approved by a simple majority by the Board of Directors on the proposal of the Director.

Art. 12 Legal personality, privileges and immunities

The Institute has international and national legal personality. In the territory of Finland, it enjoys the privileges and immunities necessary for the performance of its functions. These privileges and immunities are defined in an agreement between the Institute and the Government of Finland.

Art. 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 of Directors may, by mutual agreement between the parties to the dispute, be submitted to Conciliation under the Optional Conciliation Rules of the Permanent Court of Arbitration.

Art. 14 Signature and consent to be bound

This Convention shall be open for signature by the European States and the European regional economic integration organisations in Joensuu on 28 August 2003. It will then remain open for signature in Helsinki at the Finnish Ministry of Foreign Affairs until 28 November 2003.

2. This Convention shall be subject to ratification, acceptance or approval by signatory States and regional economic integration organizations. Instruments of ratification, acceptance or approval shall be deposited with the Government of Finland, which shall be the depositary of such instruments.

3. This Convention shall remain open for accession by the European States and the European regional economic integration organisations which have not signed it. The instruments of accession shall be deposited with the Depositary.

4. For the purposes of this Convention, a European State is a State which is entitled to become a member of the United Nations Economic Commission for Europe as a European State.

Art. 15 Entry into force

(1) This Convention shall enter into force on the sixtieth day following the date of the deposit of the eighth instrument of ratification, acceptance, approval or accession.

2. For each State and regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the eighth instrument of ratification, acceptance, approval or accession, the Convention Shall enter into force on the sixtieth day after the date of the deposit by that State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession.

Art. 16 Transitional provisions

1. On the entry into force of this Convention, research institutes, educational institutions, trade organisations, forestry authorities, non-governmental organisations and similar institutions of European States Members or associate members of the European Forest Institute established in 1993 in the form of an association of Finnish law which, on that date, would not, by virtue of its statutes, signiate their intention to withdraw, shall become members Institute partners. The institutions of the same nature of non-European states which are associate members of the European Forest Institute shall likewise become members, in the absence of notice of withdrawal, affiliated members of the Institute.

2. After the entry into force of this Convention, the Institute shall enter into negotiations with the European Forest Institute, established in 1993 in the form of an association of Finnish law, on the transfer of activities, funds, assets and Its commitments to the Institute.

Art. 17 Amendments

(1) This Convention may be amended by unanimous vote of the members present at a meeting of the Council or in accordance with a written procedure. Any proposed amendment shall be communicated by the Depositary at least eight weeks in advance. In the case of a written procedure, the Depositary shall fix the response time.

2. The amendment shall enter into force on the sixtieth day after the date on which all the Contracting Parties have notified the Depositary of the completion of the formalities required by their national legislation with regard to the amendment.

3. Unless otherwise agreed by the Conference, the amendments do not alter the institutional status of associate or affiliated members.

Art. 18 Withdrawing

A Contracting Party may withdraw from this Convention by notifying its withdrawal in writing to the Depositary. The withdrawal shall take effect one year after receipt of the notice of withdrawal by the Depositary.

Art. 19 Extinction

This Convention shall terminate if, at any time after its entry into force, there are fewer than eight Contracting Parties.

In witness whereof , the undersigned, duly authorized by their respective Governments, have signed this Convention.

Done in English, in Joensuu, August 28, 2003.

(Suivent signatures)

Scope of application February 26, 2016 3

States Parties

Ratification Accession (A)

Entry into force

Germany

March 9

2005

4 September

2005

Austria

September 14

2005

13 November

2005

Bulgaria

12 December

2005

10 February

2006

Croatia

15 April

2004 A

4 September

2005

Denmark

5 February

2004

4 September

2005

Spain

1 Er July

2005

4 September

2005

Finland

24 May

2004

4 September

2005

France

10 January

2013

March 11

2013

Greece

1 Er April

2009

May 31

2009

Ireland

July 20

2010 A

18 September

2010

Italy

5 May

2009

4 July

2009

Latvia

29 May

2007 A

28 July

2007

Luxembourg

1 Er July

2009

August 30

2009

Norway

9 October

2003

4 September

2005

Netherlands

8 November

2007

7 January

2008

Poland

13 November

2008 A

12 January

2009

Portugal

16 January

2007

March 17

2007

Czech Republic

18 July

2007 A

16 September

2007

Romania

July 6

2005

4 September

2005

United Kingdom

16 November

2007

15 January

2008

Slovakia

26 February

2013 A

April 27

2013

Slovenia

5 April

2006

4 June

2006

Sweden

19 January

2005

4 September

2005

Switzerland

8 March

2011

7 May

2011

Turkey

3 October

2006

2 December

2006


RO 2011 1619 ; FF 2010 305


1 New content of the Conv. According to the erratum published on 23 Apr. 2013 ( RO 2013 1199 ).
2 RO 2011 1617
3 RO 2013 1199 , 2016 915. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on 26 February 2016