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RS 0.941.290 Convention of 12 October 1955 establishing an International Organization for Legal Metrology

Original Language Title: RS 0.941.290 Convention du 12 octobre 1955 instituant une Organisation internationale de Métrologie légale

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0.941.290

Original text

Convention Establishing an International Organization for Legal Metrology

Conclue in Paris on October 12, 1955

Signed by Switzerland on 21 December 1955

Instrument of ratification deposited by Switzerland on 9 October 1956

Entry into force for Switzerland on 28 May 1958

Ended with effect from January 18, 1968

(State on 19 February 2016)

The States Parties to this Convention,

Wishing to solve the technical and administrative problems posed by the use of measuring instruments at international level;

Conscious of the importance of coordinating their efforts to achieve this,

Agreed to establish a defined International Organization for Legal Metrology as follows:

Title I Subject of the Organization

Art. I

An International Organization for Legal Metrology is hereby established.

The purpose of this organization is:

1.
To form an information and information centre:
-
On the one hand, on the various national services concerned with the verification and control of measuring instruments subject to or subject to legal regulation,
-
On the other hand, on such instruments of measurement envisaged from the point of view of their design, construction and use;
2.
To translate and edit the texts of the legal requirements on measuring instruments and their use, in force in the various states, with any comments based on the constitutional law and the administrative law of those states, Necessary for the complete understanding of these requirements;
3.
Determine the general principles of legal metrology;
4.
To study, for the purpose of unifying methods and regulations, the legislative and regulatory problems of legal metrology whose solution is of international interest;
5.
Establish a model law and regulation on measuring instruments and their use;
6.
Develop a project for the physical organization of a standard audit and measuring instrument monitoring service;
7.
To lay down the necessary and sufficient characteristics and qualities to be met by the instruments of measurement in order for them to be approved by the Member States and for their employment to be internationally recommended;
8.
To promote the relations between the services of the Weights and Measures or other services entrusted with the legal metrology of each of the Organisation's member states.

Title II Constitution of the Organization

Art. II

The States Parties to this Convention shall be members of the Organization.

Art. III

The Organization shall comprise:

-
An International Conference on Legal Metrology;
-
An International Committee on Legal Metrology;
-
An International Bureau of Legal Metrology;

Of which are discussed below.

International Conference on Legal Metrology

Art. IV

The purpose of the Conference is:

1.
To study and make decisions about the goals of the Organization;
2.
Ensure the establishment of the governing bodies to carry out the work of the Organization;
3.
To study and sanction reports submitted in conclusion of their work by the various legal metrology bodies established in accordance with this Convention.

All matters relating to the specific legislation and administration of a particular State shall be excluded from the competence of the Conference, unless expressly requested by that State.

Art. V

The States Parties to this Convention shall form part of the Conference as members, and shall be represented as members of the Conference as provided for in Art. VII and subject to the obligations laid down by the Convention.

Independently of the members, may be part of the Conference as Correspondents:

1.
States or territories which are unable or unwilling to be parties to the Convention;
2.
International unions pursuing an activity related to that of the Organization.

The Correspondents are not represented at the Conference, but may delegate observers who are merely advisory. They do not have to pay the contributions of the Member States, but they must bear the costs of providing the services they can request and the costs of subscribing to the publications of the Organisation.

Art. VI

Member States undertake to provide the Conference with all documentation in their possession which, in their opinion, may enable the Organization to carry out its tasks.

Art. VII

Member States shall delegate to the meetings of the Conference of Officials the maximum number of three. As far as possible, one of them must be in his country an official, still in operation, of the service of the Weights and Measures or of another service concerned with legal metrology.

Only one of them has the right to vote.

Such delegates do not have to be in possession of "full powers" except, at the request of the Committee, in exceptional cases and for specific questions.

Each State shall bear the costs of its representation in the Conference.

Members of the Committee who are not delegated by their Government shall have the right to participate in meetings with a consultative vote.

Art. VIII

The Conference shall decide on the Recommendations to be made for joint action by the Member States in the fields referred to in Art. 1.

Decisions of the Conference may become applicable only if the number of Member States present is at least two-thirds of the total number of Member States and if they have received at least four fifths of the votes cast. The number of votes cast must be at least four-fifths of the number of Member States present.

Abstentions and blank or invalid votes are not counted as votes cast.

Decisions shall be immediately communicated for information, study and recommendation to the Member States.

They make a moral commitment to implement these decisions to the maximum extent possible.

However, for any vote concerning the organization, management, administration, rules of procedure of the Conference, the Committee, the Bureau and any similar question, the absolute majority shall be sufficient to render immediately enforceable the The minimum number of members present and the number of votes cast being the same as above. The voice of the Member State whose delegate holds the Presidency shall be paramount in the event of equality in the sharing of votes.

Art. IX

The Conference shall elect, for the duration of each of its sessions, a President and two Vice-Presidents, to whom shall be the Deputy Secretary, the Director of the Bureau.

Art. X

The Conference shall meet at least every six years upon convocation by the Chairman of the Committee or, in the event of incapacity, on that of the Director of the Bureau if he or she receives a request from at least half of the members of the Committee.

At the end of its work, it shall determine the place and date of its next meeting or give delegation to the Committee for that purpose.

Art. XI

The official language of the Organization is the French language.

However, the Conference may provide for the use of one or more other languages for work and debate.

International Committee on Legal Metrology

Art. XII

The tasks set out in Article 1 Er Are undertaken and pursued by an International Committee of Legal Metrology, the working body of the Conference.

Art. XIII

The Committee shall consist of a representative of each member State of the Organization.

These Representatives are appointed by the Government of their country.

They must be officials, in operation, of the Service concerned with measuring instruments or have official duties in the field of legal metrology.

They cease to be Members of the Committee as soon as they no longer meet the above conditions and it is then for the Governments concerned to designate their alternates.

They benefit the Committee from their experience, advice and work, but do not engage their Government or their Administration.

The members of the Committee shall take part in the right to meetings of the Conference with a consultative vote. They may be one of their Government's delegates to the Conference.

The President may invite to the meetings of the Committee, with a consultative vote, any person whose assistance appears to him to be useful.

Art. XIV

The natural persons who have played a role in the metrological science or industry or the former members of the Committee may, by decision of this Committee, receive the title of honorary member. They may attend meetings with a consultative vote.

Art. XV

The Committee shall select a Chairperson, first and second Vice-Chairpersons who are elected for a period of six years and who are eligible for re-election. However, if their mandate expires in the interval between two sessions of the Committee, it will be automatically extended to the second of those sessions.

The Director of the Office is Deputy Secretary.

The Committee may delegate some of its functions to its President.

The President fulfils the tasks delegated to him by the Committee and replaces it for urgent decisions. It shall bring these decisions to the attention of the members of the Committee and shall report promptly to them.

Where issues of common interest to the Committee and related Organizations are likely to arise, the Chairman shall represent the Committee to such organizations.

In the event of absence, incapacity, termination of office, resignation or death of the President, the Acting Chairperson shall be the first Vice-Chairperson.

Art. XVI

The Committee shall meet at least once every two years upon convocation by its President or, in the event of incapacity, on that of the Director of the Bureau if he receives a request from at least half of the members of the Committee.

Unless otherwise specified, normal sessions shall take place in the country where the Bureau is based.

However, information meetings may be held in the territory of the various Member States.

Art. XVII

Members of the Committee who are unable to attend a meeting may delegate their votes to one of their colleagues who is then their representative. In this case, the same member cannot cumulate with his or her more than two other votes.

Decisions shall be valid only if the number of present and represented is at least three-fourths of the number of persons nominated as members of the Committee and if the project has received at least four fifths of the votes Expressed. The number of votes cast shall be at least four-fifths of the number of present and represented at the session.

Abstentions and blank or invalid votes are not counted as votes cast.

In the interval of the sessions, and in certain special cases, the Committee may deliberate by correspondence.

Resolutions adopted in this form are valid only if all the members of the Committee have been asked to deliver their opinion and if the resolutions have been approved unanimously by the votes cast, provided that the number of votes At least equal to two-thirds of the number of designated members.

Abstentions and blank or invalid votes are not counted as votes cast. The absence of a reply within the time limits fixed by the President shall be deemed to be equivalent to one abstention.

Art. XVIII

The Committee shall entrust the special studies, experimental research and laboratory work to the competent services of the Member States, having obtained their prior formal agreement. If these tasks require certain expenses, the agreement specifies the extent to which these expenses are borne by the Organization.

The Director of the Bureau coordinates and brings together all the work.

The Committee may entrust certain tasks, on a permanent or temporary basis, to working groups or technical or legal experts operating in accordance with the arrangements it has set. If such tasks require certain remuneration or compensation, the Committee shall fix the amount.

The Director of the Bureau shall assume the Secretariat of these working groups or groups of experts.

International Bureau of Legal Metrology

Art. XIX

The functioning of the Conference and the Committee shall be assumed by the International Bureau of Legal Metrology, under the direction and control of the Committee.

The Bureau is responsible for preparing the meetings of the Conference and the Committee, for establishing liaison between the different members of these bodies and for maintaining relations with the Member States or with the Correspondents and their relevant departments.

It is also responsible for carrying out the studies and works defined in Art. 1, as well as the preparation of the minutes and the edition of a bulletin which is sent free of charge to the Member States.

It is the information and information centre provided for in s. 1.

The Committee and the Bureau shall carry out the decisions of the Conference.

The Office does not conduct experimental research or laboratory work. However, it may have adequately equipped demonstration rooms to study the construction and operation of certain aircraft.

Art. XX

The Office has its administrative headquarters in France.

Art. XXI

The staff of the Office shall comprise a Director and staff appointed by the Committee, as well as permanent or temporary employees or agents recruited by the Director.

The staff of the Bureau and, where appropriate, the experts referred to in s. XVIII, are paid. They receive either salaries or wages or allowances, the amount of which is fixed by the Committee.

The statutes of the Director, employees and employees or agents shall be determined by the Committee, in particular as regards the conditions for recruitment, work, discipline and retirement.

The appointment, dismissal or dismissal of officers and employees of the Bureau shall be made by the Director, except as regards the staff appointed by the Committee, who shall not be subject to the same measures as by decision Committee.

Art. XXII

The Director shall be responsible for the operation of the Office under the control and direction of the Committee before which it is responsible and shall submit, at each ordinary session, a record of management.

The Director collects revenue, prepares the budget, incurs and directs all personnel and equipment expenses, manages cash funds.

The Director shall be the Secretary of the Conference and the Committee.

Art. XXIII

The Governments of the Member States state that the Office is recognised as being of public interest, that it has civil personality and that, in general, it enjoys the privileges and facilities commonly granted to the Institutions Intergovernmental legislation in force in each of the Member States.

Title III Financial provisions

Art. XXIV

For a financial period equal to the intervals of its sessions, the Conference shall decide:

-
The total amount of the appropriations necessary to cover the operating expenses of the Organization;
-
The annual amount of appropriations to be placed in reserve in order to meet compulsory extraordinary expenditure and to ensure the implementation of the budget in the event of a shortfall in revenue.

The appropriations are costed in francs-gold. The parity between the French franc and the French franc is the one indicated by the Banque de France.

During the financial period, the Committee may appeal to the Member States if it considers that an increase in appropriations is necessary to cope with the tasks of the Organisation or to a change in economic conditions.

If, at the end of the financial period, the Conference has not met or has not been able to release validly, the financial period shall be extended to the next valid session. Primitive credits granted shall be increased in proportion to the duration of such extension.

During the financial period, the Committee shall set, within the limits of the appropriations granted, the amount of operating expenditure relating to budgetary years equal to the interval of its sessions. It controls the placement of available funds.

If, at the end of the budget year, the Committee has not met or has not been able to discharge validly, the President and the Director of the Bureau shall decide on the renewal, until the next valid session, of all or part of the budget of The fiscal year that is due.

Art. XXV

The Director of the Office is authorized to commit and regulate the operating expenses of the Organization.

It cannot:

-
Pay for extraordinary expenses;
-
Draw from the reserve funds the funds necessary to ensure the implementation of the budget in the event of insufficient income,

After obtaining the agreement of the Chairman of the Committee.

Budgetary surpluses remain available for the entire fiscal period.

The budgetary management of the Director shall be submitted to the Committee, which shall verify it at each of its sessions.

At the end of the financial period, the Committee shall submit to the Conference a management review.

The Conference shall determine the destination to be given to budget surpluses. The amount of these surpluses may be deducted from the contributions of the Member States or in addition to the appropriations placed in reserve.

Art. XXVI

The expenses of the Organization shall be covered:

1.
By an annual contribution from the Member States.
The total contribution for a financial period shall be determined on the basis of the amount of the appropriations granted by the Conference, taking into account the assessment of the income of the posts 2. And 5. Below.
In order to determine the respective shares, the Member States shall be divided into four classes according to the total population of the metropolis and the territories which they have declared to represent:

Class 1. -Population less than or equal to 10 million people;

Class 2. -Population between 10 million excluded and 40 million included;

Class 3. -Population between 40 million excluded and 100 million included;

Class 4. -Population greater than 100 million.

The population figure is rounded to the whole number of millions below.
Where in a State the degree of use of the measuring instruments is far below average, that State may request to be placed in a lower class than that which it assigns to its population.
Depending on the class, the shares are proportional to 1, 2, 4 and 8.
The contribution of a Member State shall also be allocated over all the years of the financial period in order to determine its annual contribution.
In order to establish from the outset a security steering wheel designed to cushion fluctuations in revenue receipts, Member States shall make advances on their future annual contributions. The amount of such advances and their duration shall be fixed by the Conference.
If, at the end of the financial period, the Conference has not met or has been unable to discharge validly, the annual contributions shall be extended to the same rates until a valid session of the Conference;
2.
By the product of the sale of the publications and the product of the services provided to the Correspondents;
3.
By the income from the investment of the cash funds;
4.
By contributions for the current financial period and the entry fees of the new acceding States-by the retroactive contributions and the entry fees of the Member States reinstated-by the Member States' backward contributions Resuming their payments after interrupting them;
5.
Through grants, subscriptions, donations or bequests and miscellaneous revenues.

In order to allow special work, extraordinary grants may be awarded by certain Member States. They are not included in the general budget and will be held in special accounts.

Annual contributions are made in francs-gold. They are paid in French francs or in any convertible currency. The parity between the French franc and the French franc is the one indicated by the Banque de France, the applicable rate being the rate on the day of the payment.

They are paid at the beginning of the year to the Director of the Bureau.

Art. XXVII

The Committee shall establish a financial regulation based on the general requirements of art. XXIV to XXVI above.

Art. XXVIII

A State which becomes a member of the Organization during one of the periods provided for in Art. XXVI has until its expiry date and is subject, upon accession, to the same obligations as already existing members.

A new Member State shall become the co-owner of the property of the Organization and shall, therefore, pay a right of entry fixed by the Conference.

Its annual contribution will be calculated as if it adhered to 1 Er January of the year following that of the deposit of instruments of accession or ratification. Its payment for the current year will be as many twelfths of its contribution as it remains for months to cover. This payment will not change the contributions provided for the current year for the other members.

Art. XXIX

Any Member State which has not paid its contributions for three consecutive years shall be deemed to have resigned and deleted from the list of Member States.

However, the situation of certain Member States which would be in a period of financial difficulties and could not temporarily meet their obligations will be examined by the Conference, which may, in certain cases, grant them Deadlines or discounts.

The insufficiency of the revenue resulting from the cancellation of a Member State shall be offset by a levy on the reserve appropriations constituted as set out in Art. XXIV.

The voluntary member states and the ex officio member states lose any right of co-ownership over all the assets of the Organization.

Art. XXX

A Member State which has voluntarily resigned may be reinstated on its own request. He is considered to be a new Member State, but the right of entry is only payable if his resignation is more than five years old.

An ex officio member state may be reinstated on its own request subject to the settlement of its unpaid contributions at the time of its cancellation. These retroactive contributions are calculated on the basis of contributions from years prior to reinstatement. It is then considered to be a new Member State, but the right of entry shall be calculated taking into account, in proportion to the proportions fixed by the Conference, its previous contributions.

Art. XXXI

In the event of the dissolution of the Organisation, the assets will be, subject to any agreement which may be agreed between the Member States which are in good standing of their contributions on the date of the dissolution and subject to the contractual rights or acquired from the Staff in service or in retirement, divided among States in proportion to the total of their previous contributions.

Title IV General provisions

Art. XXXII

This Convention shall remain open for signature until 31 December 1955 at the Ministry of Foreign Affairs of the French Republic.

It will be ratified.

The instruments of ratification shall be deposited with the Government of the French Republic, which shall notify the date of such deposit to each of the signatory States.

Art. XXXIII

States which have not signed the Convention may accede to it at the expiry of the period laid down in Art. XXXII.

The instruments of accession shall be deposited with the Government of the French Republic, which shall notify the date of this deposit to all signatory and acceding Governments.

Art. XXXIV

This Convention shall enter into force thirty days after the deposit of the sixteenth instrument of ratification or accession.

It shall enter into force, for each State which ratifies or accedes thereto after that date, thirty days after the deposit of its instrument of ratification or accession.

The Government of the French Republic shall notify each Contracting Party of the date of entry into force of the Convention.

Art. XXXV

Any State may, at the time of signature, ratification or at any other time, declare, by notification addressed to the Government of the French Republic, that this Convention is applicable to all or part of the territories Represents internationally.

This Convention shall apply to the territory or territories designated in the notification from the thirtieth day following the date on which the Government of the French Republic receives the notification.

The Government of the French Republic will forward this notification to other Governments.

Art. XXXVI

This Convention shall be concluded for a period of twelve years from its first entry into force.

It will then remain in force for a period of six years and so on between the Contracting Parties which have not denounced it at least six months before the expiry of the term.

The denunciation shall be by written notification addressed to the Government of the French Republic, which shall notify the Contracting Parties thereof.

Art. XXXVII

The Organization may be dissolved by decision of the Conference, provided that, at the time of the vote, the delegates are in possession of the "full powers" to that effect.

Art. XXXVIII

If the number of parties to this Convention is reduced to less than sixteen, the Conference may consult the Member States on whether the Convention should be regarded as lapsed.

Art. XXXIX

The Conference may recommend to the Contracting Parties amendments to this Convention.

Any Contracting Party accepting an amendment shall notify in writing its acceptance to the Government of the French Republic which will notify the other Contracting Parties of the receipt of the notification of acceptance.

An amendment will enter into force three months after the notifications of acceptance of all Contracting Parties have been received by the Government of the French Republic. Once an amendment has been accepted by all Contracting Parties, the Government of the French Republic will notify all the other Contracting Parties and the signatory Governments by making them aware of the date of the Its entry into force.

After the entry into force of an amendment, no Government will be able to ratify or accede to this Convention without also accepting this amendment.

Art. XL

This Convention shall be in the French language in a single original, which shall be deposited in the archives of the Government of the French Republic, which shall issue certified copies to all signatory and acceding Governments.

In witness whereof, The following plenipotentiaries, whose credentials have been duly recognized, have signed this Convention.

Done at Paris on October 12, 1955

(Suivent signatures)

Scope of application February 19, 2016 1

States Parties

Ratification

Accession (A)

Entry into force

South Africa

August 11

1998 A

10 September

1998

Albania

15 November

2001 A

15 December

2001

Algeria

26 June

1979 A

26 July

1979

Germany

8 December

1959

7 January

1960

Saudi Arabia

19 October

1989 A

18 November

1989

Australia

August 18

1959 A

September 17

1959

Austria

27 June

1956

28 May

1958

Belarus

December 30

1993 A

29 January

1994

Belgium

10 November

1959

10 December

1959

Brazil

17 January

1984 A

February 16

1984

Bulgaria

4 June

1956 A

28 May

1958

Cameroon

21 September

1970 A

21 October

1970

China

26 March

1985 A

April 25

1985

Cyprus

19 June

1974 A

19 July

1974

Colombia

6 December

2012 A

5 January

2013

Korea (North)

9 May

1974 A

8 June

1974

Korea (South)

2 May

1978 A

1 Er June

1978

Cuba

30 October

1962

29 November

1962

Denmark

February 11

1957

28 May

1958

Egypt

28 July

1961 A

August 27

1961

Spain

14 May

1957

28 May

1958

United States

22 September

1972 A

22 October

1972

Ethiopia

8 January

1974 A

7 February

1974

Finland

28 April

1958

28 May

1958

France

April 23

1958

28 May

1958

Overseas Territories

April 23

1958

28 May

1958

Greece

26 June

1979 A

26 July

1979

Guinea

March 5

1960 A

April 4

1960

Hungary

19 September

1956

28 May

1958

India

27 October

1956

28 May

1958

Indonesia

September 30

1960 A

30 October

1960

Iran

September 30

1959

30 October

1959

Ireland

March 5

1979 A

April 4

1979

Israel

7 July

1966 A

August 6

1966

Italy

28 October

1958 A

27 November

1958

Japan

May 16

1961 A

15 June

1961

Kazakhstan

14 December

1994 A

13 January

1995

Lebanon

6 November

1962 A

6 December

1962

Macedonia

August 11

1994 A

10 September

1994

Morocco

18 September

1958 A

18 October

1958

Monaco

August 9

1956

28 May

1958

Norway

28 April

1958

28 May

1958

New Zealand

August 27

2003 A

26 September

2003

Pakistan

July 12

1973 A

August 11

1973

Netherlands

12 June

1958

July 12

1958

Territories Overseas of the Kingdom of the Netherlands

12 June

1958 A

July 12

1958

Poland

July 16

1957

28 May

1958

Portugal

26 November

1986 A

26 December

1986

Czech Republic

13 January

1993 A

12 February

1993

Romania

17 October

1956

28 May

1958

United Kingdom

11 May

1962 A

10 June

1962

Gibraltar

11 May

1962 A

10 June

1962

Turks and Caicos Islands

11 May

1962 A

10 June

1962

British Virgin Islands

11 May

1962 A

10 June

1962

Montserrat

11 May

1962 A

10 June

1962

Russia

18 December

1956

28 May

1958

Serbia

7 May

1957

28 May

1958

Slovakia

13 January

1993 A

12 February

1993

Slovenia

22 January

1993 A

21 February

1993

Sri Lanka

18 March

1968 A

April 17

1968

Sweden

July 11

1958

10 August

1958

Switzerland

9 October

1956

28 May

1958

Tanzania

29 August

1979 A

28 September

1979

Thailand

7 January

2016 A

February 6

2016

Turkey

1 Er June

2005 A

1 Er July

2005

Venezuela

July 25

1960 A

August 24

1960

Vietnam

August 25

2003 A

24 September

2003


RO 1971 1145


1 RO 1971 1159, 1974 1018, 1979 788, 1982 1947, 1985 1283, 1987 1383, 1992 987, 2004 295, 2010 4477, 2016 655. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on February 19, 2016