Communication from the Ministry of Foreign Affairs No. 266 / 1998 Coll.

Q: Is Communication from the Ministry of Foreign Affairs No. 266 / 1998 Coll. still valid?

Yes, Communication from the Ministry of Foreign Affairs No. 266 / 1998 Coll. is still valid and effective.

266

COMMUNICATION

Ministry of Foreign Affairs

The Ministry of Foreign Affairs states that on 14 December 1960 the Convention on the Organisation for Economic Cooperation and Development (OECD) and Additional Protocols No 1 and No 2 to the Convention on the Organisation for Economic Cooperation and Development were adopted in Paris.

The Parliament of the Czech Republic has agreed to the Convention and the Additional Protocols. The Charter on Access of the Czech Republic to the Convention on the Organisation for Economic Cooperation and Development, including Additional Protocols No 1 and No 2, was deposited with the Government of the French Republic, depositary of the Convention, on 21 December 1995.

The Convention with the Additional Protocols entered into force on 30 September 1961 and on 21 December 1995 for the Czech Republic pursuant to Article 16.

The Czech translation of the Conventions and Protocols is announced simultaneously. The English and French versions of the Convention and Protocols can be consulted at the Ministry of Foreign Affairs.

CONVENTIONS

on the Organisation for Economic Cooperation and Development

Governments of the Federal Republic of Germany, the Republic of Austria, the Kingdom of Belgium, Canada, the Kingdom of Denmark, Spain, the United States of America, the French Republic, the Kingdom of Greece, Ireland, the Republic of Iceland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of Norway, the Kingdom of the Netherlands, the Portuguese Republic, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Sweden, the Swiss Confederation and the Republic of Turkey;

Knowing that economic strength and prosperity are important for achieving the objectives of the United Nations and maintaining individual freedom and enhancing universal well-being;

Considers that they can promote these objectives most effectively if they strengthen the tradition of cooperation between them;

Recognising that Europe's economic recovery and progress, to which their participation in the Organisation for European Economic Cooperation has made a very significant contribution, have opened up new perspectives to strengthen this tradition and its application to new challenges and broader objectives;

Believing that broader cooperation will make an important contribution to peaceful and harmonious relations between the nations of the world;

recognising the ever-increasing interdependence of their economies;

being determined by mutual consultation and cooperation to develop and make the most of their capacities and opportunities to achieve the greatest possible growth of their economy and to improve the economic and social well-being of their peoples;

Judging that economically more advanced nations should cooperate best in providing assistance to countries in the economic development process;

recognising that the continued expansion of world trade is one of the most important factors supporting the development of economies of different countries and improving international economic relations;

being determined to pursue these objectives in a manner consistent with their obligations of participation in other international organisations or bodies or in international agreements of which they are members;

They therefore agreed on the following conditions for the conversion of the Organisation for European Economic Cooperation to the Organisation for Economic Cooperation and Development:

Článek 1

The Organisation for Economic Cooperation and Development (hereinafter referred to as "the Organisation ') will support objectives intended to:

(a) achieve the highest possible sustainable economic growth, employment and rising standard of living of the Member States while maintaining financial stability, thereby contributing to the development of the world economy;

(b) contribute to sound economic development in both Member States and non-Member States in the economic development process; and

(c) contribute to the development of world trade on a multilateral, non-discriminatory basis in accordance with international commitments.

Článek 2

In order to achieve these objectives, members agree to be individually and jointly:

(a) promote the efficient use of their economic resources;

(b) in the scientific and technical field, promote the development of their resources, research and the creation of good conditions for training;

(c) to implement measures to ensure economic growth, internal and external financial stability and to prevent situations which could jeopardise their economies or economies of other countries;

(d) continue their efforts to reduce or eliminate barriers to the exchange of goods and services, as well as current payments, and to maintain and expand the liberalisation of capital movements; and

(e) contribute by appropriate means to the economic development of both Member States and non-Member States in the process of economic development, particularly through the inflow of capital to those countries, bearing in mind the importance of providing technical assistance and expanding outlets for their exports to their economies.

Článek 3

Taking into account the achievement of the objectives set out in Article 1 and the fulfilment of the tasks set out in Article 2, members have agreed to:

(a) inform and supply each other of the information necessary for the performance of its tasks;

(b) consult each other and continuously, process studies and participate in jointly negotiated projects; and

(c) cooperate closely and, where appropriate, act in a coordinated manner.

Článek 4

The Contracting Parties to this Convention shall be members of the Organisation.

Článek 5

In order to achieve its objectives, the Organisation may:

(a) take decisions which are binding on all members unless otherwise specified;

(b) make recommendations to members; and

(c) conclude agreements with its members, non-Member States and international organisations.

Článek 6

1. Unless the Organisation decides otherwise in specific cases, it shall take decisions and recommendations by common accord of all members.

2. Each member shall have one vote. If a member abstain from voting on a decision or recommendation, this shall not prevent the adoption of this decision or recommendation, which shall then apply to the other members, but not to the abstention.

3. The decision may be binding on the member only if these requirements are met by their constitutional procedures. Other members may agree to apply such decisions on a provisional basis.

Článek 7

The Council, composed of all members, will be the body to decide on all actions of the Organisation. The Council will meet at meetings of ministers or permanent representatives.

Článek 8

The Council shall appoint its President each year to preside over its ministerial meetings and two Vice-Presidents. The President may be appointed for one further subsequent term of office.

Článek 9

The Council may set up the Executive Committee and the other bodies necessary to achieve the objectives of the Organisation.

Článek 10

(1) The Council shall appoint a Secretary-General to answer for a term of office of five years. It shall be assisted by one or more Deputy Secretary-General or Deputy Secretary-General, appointed by the Council on a recommendation from the Secretary-General.

2. The Secretary-General shall chair the meetings of permanent representatives in the Council. It shall assist the Council in general, for which it may submit proposals to the Council or to another body of the Organisation.

Článek 11

1. The Secretary-General shall appoint the staff necessary for the functioning of the Organisation in accordance with the organisation plans approved by the Council. The rules on staff activities shall be subject to approval by the Council.

2. In view of the international nature of the Organisation, the Secretary-General, its Deputy or its representatives and staff may not obtain or receive instructions from any member of the Organisation or from any other government or authority which is not part of the Organisation.

Článek 12

Under conditions defined by the Council, the Organisation may:

(a) communicate with non-Member States and organisations;

(b) establish and maintain relations with non-Member States and organisations;

(c) invite governments of non-member countries or organisations to participate in the activities of the Organisation.

Článek 13

Representation of the European Communities established by the Paris and Rome Treaties of 18 April 1951 and 25 March 1957 in the Organisation is defined in Additional Protocol No 1 to this Convention.

Článek 14

1. This Convention shall be ratified or adopted by signatories in accordance with their respective constitutional arrangements.

2. The instruments of ratification or approval shall be deposited with the Government of the French Republic, which is hereby designated as the Depositary Government.

This Convention shall enter into force:

(a) before 30 September 1961, after deposit of the instruments of ratification or approval by all signatories; or

(b) on 30 September 1961, if, on that date, 15 or more signatories deposit their abovementioned instruments and subsequently any other signatory shall do so by deposit its instrument of ratification or approval;

(c) after 30 September 1961, but not later than two years after the signature of this Convention after the deposit of its instruments by 15 signatories, and thereafter by each other signatory after the deposit of its instrument of ratification or approval.

4. A signatory who does not deposit his instrument of ratification or approval on the entry into force of this Convention shall be able to participate in the activities of the Organisation under conditions to be determined by an agreement between the Organisation and that signatory.

Článek 15

At the same time, the entry into force of this Convention will entail the reconstruction of the Organisation for European Economic Cooperation and its objectives, bodies, powers and names will be established from that date in accordance with the above. The existence of a legal person, which is the Organisation for European Economic Cooperation, will continue to exist in the Organisation, but from the entry into force of this Convention, the effectiveness of decisions, recommendations and resolutions of the Organisation for European Economic Cooperation will be subject to the approval of the Council.

Článek 16

The Council may decide to invite any government which is prepared to assume its membership commitments in order to accede to this Convention. This Decision shall be adopted unanimously. However, the Council, acting unanimously, may decide to allow abstention at the vote, in which case, irrespective of the provisions of Article 6, the decision shall apply to all members. Access to the Convention shall enter into force by deposit of the instrument of accession with the depositary Government.

Článek 17

Any Contracting Party will be able to terminate its commitment to this Convention by notifying the Depositary Government in advance of 12 months.

Článek 18

Paris shall be the seat of the Organization, unless the Council decides otherwise.

Článek 19

The legal capacity of the Organisation and the privileges, immunities and benefits of the Organisation, its officials and representatives of its members shall be defined in Additional Protocol No 2 to this Convention.

Článek 20

1. In accordance with the financial directives adopted by the Council, the Secretary-General shall submit to the Council each year for approval the annual budget, accounts and any additional budgets requested by the Council.

2. General expenditure of the Organisation approved by the Council shall be broken down according to a scale to be determined by the Council. Other expenditure shall be reimbursed in accordance with the Council Decision.

Článek 21

Upon receipt of the instrument of ratification or approval or of the instrument of accession or of denunciation, the Depositary Government shall inform all Contracting Parties and the Secretary-General of the Organisation thereof.

In order to prove this, the undersigned, the authorised representative and the respective powers duly furnished, have attached their signatures to this Convention.

Written in Paris on the 14th December of the year of the 199th, in French and English, the two texts being equally authentic, in a single copy to be deposited with the depositary Government, which shall transmit one certified copy to all signatories.

ADDITIONAL PROTOCOL No 1

concerning the Convention on the Organisation for Economic Cooperation and Development

Signatories to the Convention on Economic Cooperation and Development

agreed on the following:

1. Representation of the European Communities established by the Paris and Rome Treaties of 18 April 1951 and 25 March 1957 in the Organisation for Economic Cooperation and Development shall be determined in accordance with the institutional provisions of these Treaties.

(2) The Commission of the European Economic Community and the European Atomic Energy Community and the High Authority of the European Coal and Steel Community shall participate in the work of this Organisation.

In order to prove this, the undersigned, the authorised representative and the competent authorities of the Member States duly equipped, have signed this Protocol.

Written in Paris on the 14th December of the year of the 199th, in French and English, both texts being equally authentic, in one copy to be deposited with the Government of the French Republic, which shall transmit one certified copy to all signatories.

ADDITIONAL PROTOCOL No 2

concerning the Convention on the Organisation for Economic Cooperation and Development

Signatories to the Convention on the Organisation for Economic Cooperation and Development ("the Organisation ');

agreed on the following:

The organisation will have legal capacity and the Organisation, its officials and representatives of its members will be entitled to enjoy the following privileges, immunities and benefits:

(a) in the territory of the Contracting Parties, the Convention of 16 April 1948 on European Economic Cooperation (hereinafter referred to as "the Convention"), the legal capacity, privileges, immunities and benefits provided by Additional Protocol 1 thereto;

(b) in Canada, the legal capacity, privileges, immunities and benefits provided under any agreement or arrangement on the legal capacity, privileges, immunities and benefits concluded between the Government of Canada and the Organisation;

(c) in the United States, the legal capacity, privileges, immunities and benefits under the Law on the Immunities of International Organisations granted under Presidential Decision No 10 133 of 27 June 1950;

(d) in all other countries, the legal capacity, privileges, immunities and benefits provided under any agreement or arrangement between the competent government and the Organisation.