Communication from the Ministry of Foreign Affairs No. 215 / 1994 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Protocol to the Convention on Long-Range Transboundary Air Pollution (1979) on the long-term financing of the Cooperative Programme for the Monitoring and Evaluation of Long-Range Expansion of Air Pollutants in Europe (EMEP)
Valid
International Treaty
Effective from 01.01.1993
Text versions:
18.11.1994
215
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs stated that on 28 September 1984 the Protocol to the Convention on Long-Range Transboundary Air Pollution (1979) on the long-term financing of the Cooperative Programme for the Monitoring and Evaluation of Long-Range Air Pollution in Europe (EMP) was negotiated in Geneva.
The Charter on the Access of the Czechoslovak Socialist Republic to the Protocol to the Convention on Long-Range Transboundary Air Pollution (1979) on the Long-Term Financing of the Cooperative Programme for the Monitoring and Evaluation of Long-Range Proliferation of Air Pollutants in Europe (EMP) was deposited with the Secretary-General of the United Nations, the depositary of the Protocol, on 26 November 1986.
The Protocol entered into force on 28 January 1988 on the basis of Article 10 (1) (a) and (b) and entered into force on that date for the Czechoslovak Socialist Republic.
On 30 September 1993, the Czech Republic notified the Secretary-General of the United Nations that it was considered to be bound by the Protocol of 28 September 1984 to the Convention on Long-Range Transboundary Air Pollution (1979) on the long-term financing of the Cooperative Programme for the Monitoring and Evaluation of Long-Range Proliferation of Air Pollutants in Europe (EMEP), with effect from 1 January 1993.
The Czech translation of the Protocol is being announced simultaneously.
The English version of the Protocol can be consulted at the Ministry of Foreign Affairs and the Ministry of the Environment.
PROTOCOL
to the Convention on Long-term Transboundary Air Pollution (1979)
financing of the Cooperative Programme for the Monitoring and Evaluation of Remote Dissemination of Substances
air pollution in Europe (EMEP)
Contracting Parties
Recalls that the Convention on Long-Range Transboundary Air Pollution ("the Convention ') entered into force on 16 March 1983,
Recognising the importance of the Cooperation Programme for the monitoring and evaluation of the long-range dissemination of air pollutants in Europe (hereinafter referred to as "the MEP '), as provided for in Articles 9 and 10 of the Convention,
informed of the positive results achieved so far,
Recognising that the implementation of the MEP has until now enabled the funding provided by the United Nations Environment Programme (UNEP) and the voluntary contributions of governments,
bearing in mind that UNEP contributions will only be provided until the end of 1984 and that this contribution, together with voluntary government contributions, was not sufficient to fully maintain the work plan of the MEP, and therefore it will be necessary to ensure long-term funding after 1984,
Taking into account the call by the European Economic Commission to its Member States, contained in its Decision B (XXXVIII), to provide financial resources, on the basis of which the first meeting of the Executive Board of the Convention ("the Executive Board ') will be determined, to enable the Executive Board to carry out its work, in particular as regards the work of the EMEP,
note that the Convention does not contain any provisions on the financing of the MEP and therefore it is necessary to make appropriate adjustments to this matter,
Taking into account the articles to be followed by the draft formal instrument to supplement the Convention, as presented in the recommendations adopted by the Executive Board at its first meeting (7 to 10 June 1983),
they have agreed as follows:
Definitions of terms used
For the purposes of this Protocol:
1. "UN Assessment Rate" means the fee paid by the Contracting Party for a given financial year according to the scale for the allocation of United Nations expenditure;
2. "Financial year" shall mean the United Nations financial year and "annual base" and "annual costs" shall be defined accordingly,
3. "General Trust Fund" means the General Trust Fund for the financing of the implementation of the Convention on Long-Range Transboundary Air Pollution, established by the Secretary-General of the United Nations,
4. "Geographic Scope of EMEP" means the territory in which monitoring is carried out, coordinated by the international centres of EMP. *)
MEP financing
The funding of the MEP will cover the annual costs of the international centres cooperating under the MEP for the activities listed in the work programme of the Steering Committee of the MEP.
Contributions
1. According to the provisions of this Article, the financing of the MEP will consist of compulsory contributions, supplemented by voluntary contributions. Contributions may be granted by the Contracting Parties in freely convertible currencies, in non-convertible currencies or in material form.
2. Compulsory contributions shall be granted annually by all Contracting Parties to this Protocol, which shall be within the geographical scope of the MEP.
3. Voluntary contributions may be granted by the Contracting Parties or signatories to this Protocol even if their territory lies outside the geographical scope of the MEP, as well as, after the approval of the Executive Board, on the recommendation of the Steering Committee of the MEP, by any other country, organisation or individual wishing to contribute to the work programme.
4. The annual costs of the work programme shall be covered by compulsory contributions. The financial and material contributions, such as those provided by the host country of international centres, will be specified in the work programme. Depending on the approval of the Executive Board, voluntary contributions to the recommendations of the Steering Committee of the MEP may be used either to reduce compulsory contributions or to finance specific activities within the scope of the MEP.
5. Mandatory and voluntary cash contributions will be made to the General Trust Fund.
Cost share
1. Compulsory contributions shall be made in accordance with the conditions and formalities set out in the Annex to this Protocol.
2. The Executive Board shall consider the need to amend the Annex:
(a) if the annual budget of the MEP has increased to two and a half times the level of the annual budget of the year in which this Protocol entered into force, or the budget for the year of the last amendment to the Annex, whatever is later; or
(b) if the Executive Board, acting on a recommendation from the Steering Committee of the MEP, entrusts a new international centre; or
(c) six years after the entry into force of this Protocol, or six years after the last amendment to the Annex, whatever occurs later.
The amendment of the Annex shall be adopted by the unanimous agreement of the Executive Board.
Annual budget
The annual budget of the MEP shall be drawn up by the Steering Committee of the MEP and shall be approved: By the Executive Board no later than one year before the beginning of the financial year to which it relates.
Amendments to the Protocol
1. Each Contracting Party to this Protocol may propose to adapt it.
2. The text of the proposed adjustment shall be submitted in writing to the Executive Secretary of the European Economic Commission for Europe, who shall communicate it to all Contracting Parties to the Protocol. The Executive Board shall discuss the proposed adjustment at its next annual meeting, provided that the proposals have been circulated by the Executive Secretary of the European Economic Commission for Europe to the Parties to the Protocol at least 90 days in advance.
(3) The adaptation of the current Protocol, other than that of its Annex, shall be adopted by the agreement of the representatives of the Contracting Parties to this Protocol and, for the Contracting Parties to the Protocol which have adopted it, shall enter into force on the 90th day following the deposit with the depositary of two thirds of those Contracting Parties of the instruments of acceptance. The adjustment shall enter into force for each other on the 90th day following the date on which that Contracting Party has deposited its acceptance document.
Settlement of disputes
Where a dispute arises between two or more Contracting Parties to this Protocol concerning its interpretation or application, they shall endeavour to resolve by negotiation or by any other means of settling disputes which are acceptable to them.
Signature
1. This Protocol shall be drawn up for signature at the United Nations Office in Geneva from 28 September 1984 to 5 October 1984 inclusive, then at the headquarters of the United Nations in New York until 4 April 1985, for the Member States of the Economic Commission for Europe as well as for those States which have an advisory position with the European Economic Commission, in accordance with paragraph 8 of the Resolution of the Economic and Social Council No 36 (IV) of 28 March 1947, and for regional economic integration organisations formed by the sovereign Member States of the European Economic Commission, which are competent in respect of the negotiation, conclusion and application of international agreements in matters covered by this Protocol, provided that those States and the organisations concerned are Contracting Parties to the Convention.
2. In matters falling within their competence, these regional economic integration organisations will themselves exercise the rights and fulfil the obligations assigned by this Protocol to their Member States. In such cases, Member States of such organisations shall not be authorised to exercise these rights individually.
Ratification, acceptance, consent and access
1. This Protocol shall be subject to ratification, acceptance or approval by signatories.
2. This Protocol shall be issued for the accession of States and organisations referred to in paragraph 1 of Article 8 from 5 October 1984.
3. Documents of ratification, acceptance, consent or accession shall be deposited with the Secretary-General of the United Nations, who shall act as depositary.
Entry into force
1. This Protocol shall enter into force on the 90th day following that on which:
(a) at least 19 States and organisations referred to in paragraph 1 of Article 8 which are within the geographical scope of the MEP have deposited their instruments of ratification, acceptance, consent or accession; and
(b) the sum of the UN shares assessed for these States and organisations shall be transferred 40%.
2. For each State and organisation referred to in paragraph 1 of Article 8 which ratifies, accepts or approves this Protocol or accedes to it after the requirements for entry into force as set out in paragraph 1 above, this Protocol shall enter into force on the 90th day following the date on which that State or organisation deposits its instrument of ratification, acceptance, consent or accession.
Withdrawal
1. At any time after five years from the date on which this Protocol entered into force for a Contracting Party, that Party may withdraw from it by notifying the depositary in writing. Any such withdrawal shall take effect 90 days after the date on which it was accepted by the depositary.
2. The withdrawal shall have no effect on the financial commitments of the withdrawing party until the date on which the withdrawal takes effect.
Authentic texts
The original of this Protocol, the English, French and Russian texts of which are equally valid, shall be deposited with the Secretary-General of the United Nations.
As a sign of the undersigned, duly empowered to do so, they signed this protocol.
Done at Geneva, 28 September 1984.
ANNEX
referred to in Article 4 of the Protocol to the Convention on Long-Range Transboundary Air Pollution (1979) on the Long-Term Financing of the Cooperative Programme for the Monitoring and Evaluation of Long-Range Expansion of Air Pollutants in Europe (EMP)
Compulsory contributions to the common costs of financing the Cooperation Programme for the monitoring and evaluation of the long-range distribution of air pollutants in Europe (EMP) shall be calculated according to the following scale:
| Běloruská SSR | 0,71 % |
| Bulharsko | 0,35 % |
| Československo | 1,54 % |
| Finsko | 1,07 % |
| Island | 0,06 % |
| Jugoslávie | 0,60 % |
| Lichtenštejnsko | 0,02 % |
| Maďarsko | 0,45 % |
| Německá demokratická republika | 2,74 % |
| Norsko | 1,13 % |
| Polsko | 1,42 % |
| Portugalsko | 0,30 % |
| Rakousko | 1,59 % |
| Rumunsko | 0,37 % |
| San Marino | 0,02 % |
| Vatikán | 0,02 % |
| Svaz sovětských socialistických republik | 20,78 % |
| Španělsko | 3,54 % |
| Švédsko | 2,66 % |
| Švýcarsko | 2,26 % |
| Turecko | 0,60 % |
| Ukrajinská SSR | 2,60 % |
| Členské státy Evropské hospodářské komise: | |
| Belgie | 2,36 % |
| Dánsko | 1,38 % |
| Francie | 11,99 % |
| Holandsko | 3,28 % |
| Irsko | 0,50 % |
| Itálie | 6,89 % |
| Lucembursko | 0,10 % |
| Německá spolková republika | 15,73 % |
| Spojené království Velké Británie a Irska | 8,61 % |
| Evropské hospodářské společenství | 3,33 % |
| Celkem | 100,00 % |
The organisation of the Contracting Parties to this Annex shall be explicitly indicated in proportion to the cost sharing system agreed by the Executive Board of the Convention. Consequently, this compilation is specific to the Protocol on the financing of the MEP.
*) Currently, the following international centres are: Chemical Coordination Centre, Meteorological Synthesisation Centres East and Meteorological Synthesisation Centres West.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 215 / 1994 Coll., on the negotiation of a Protocol to the Convention on Long-Range Transboundary Air Pollution (1979) on the long-term financing of the Cooperative Programme for the Monitoring and Evaluation of Long-Range Air Pollution in Europe (EMP) |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.1994 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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