Decree No. 40 / 1959 Coll.
Declaration on the Convention on the Establishment of the International Organisation for Legal Metrology
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Effective from 28.05.1958
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40
Decree of the Minister for Foreign Affairs
of 26 June 1959
on the Convention establishing an International Organisation for Legal Metrology
At the International Conference on Legal Metrology, the International Convention on Legal Metrology was negotiated in Paris on 12 October 1955, which took effect on 28 May 1958 pursuant to Article 34. It was signed for the Czechoslovak Republic on 27 December 1955.
The Government approved the Convention on 21 December 1955 and the President of the Republic ratified it on 27 October 1956.
In addition to the Czechoslovak Republic, the following countries have ratified this Convention: Denmark, Finland, France, India, Yugoslavia, Hungary, Monaco, Norway, Poland, Austria, the Union of Soviet Socialist Republics, Spain and Switzerland.
Bulgaria and Italy acceded to the Convention.
The Czech translation of the Convention is published in the Annex to the Collection of Laws. *)
David v. r.
Annex to Decree of the Minister for Foreign Affairs No. 40 / 1959 Coll., on the Convention on the Establishment of the International Organisation for Legal Metrology
CONVENTION
establishing an International Organisation for Legal Metrology
The Contracting States of this Convention, wishing to resolve at the international base technical and administrative matters arising from the use of measuring instruments and the importance of coordinating their efforts to achieve this objective, have agreed to establish the International Organisation for Legal Metrology, as defined as follows:
Purpose of the organisation
An International Organisation for Legal Metrology is hereby established. The organisation shall be responsible for:
1. establish a documentation and information centre:
- on the one hand, the various national services dealing with the verification and control of measuring instruments which are or may be subject to legal arrangements;
- on the other hand, the measuring instruments referred to above with regard to their design, design and use;
2. translate and publish the texts of the laws on measuring instruments and their use, in force in different States, with all explanatory notes based on the constitutional and administrative law of those States, which are necessary for a perfect understanding of those rules;
3. define the general principles of legal metrology;
4. examine, in order to unify the methods and rules of the legal metrology of the legislative and administrative nature for which there is an international interest;
5. develop a model of the draft law and rules on measuring instruments and their use;
6. develop a proposal for the organisation, in substance, of a service model to verify and control measuring instruments;
7. identify the characteristics and characteristics necessary and sufficient to be provided with measuring instruments in order to be approved by the Member States and to recommend their use on an international scale;
8. Promote contacts between measure and scale authorities and other bodies entrusted with legal metrology in each of the Member States of the Organisation.
Constitution of the Organisation
Members of the Organisation shall be Member States of this Convention.
The organisation shall include:
International Conference on Legal Metrology,
International Committee on Legal Metrology,
International Office of Legal Metrology,
which is further discussed.
International Conference on Legal Metrology
The Conference shall be responsible for:
1. study and make any decisions on the objectives of the Organisation;
2. ensure the establishment of management bodies responsible for carrying out the work of the Organisation as well as the election or approval of members of the Committee;
3. examine and approve the final reports on the work of the various bodies for the legal metrology formed under this Convention.
The Conference does not have the right to address issues of its own legislature and administration of a single State, unless specifically requested by that State.
The Member States shall participate in the Conference as members, shall be represented therein in accordance with Article VII and shall be subject to the obligations laid down by the Convention.
Independent of members, they may attend the conference as correspondents:
1. States or territories which cannot or do not yet wish to be Parties to the Convention;
2. an international association engaged in activities related to the activities of the Organisation.
The correspondents are not represented at the conference, but can only send an observer with an advisory voice. They do not have to pay membership contributions as Member States, but they pay expenses for the provision of the services they require and subscriptions to publications from the Organisation.
The Member States undertake to provide the Conference with all the documentation they have and which, in their view, would help the Organisation to carry out its tasks successfully.
Member States shall send a maximum of three official representatives to meetings of the Conference. As far as possible, one of them should still be an active employee of the measure and weight service in his country or another authority for legal metrology.
Only one of them has the right to vote.
These delegates need not have a "power of attorney," but at the request of the committee in specific cases and for specific questions.
Each State shall pay the expenses associated with its representation at the conference.
Members of the Committee who are not seconded by their government shall have the right to attend meetings with an advisory vote.
The Conference shall decide on recommendations for joint action by Member States in the areas identified in Article I.
Decisions of the Conference may be taken only if the number of Member States present is equal to at least two thirds of the total number of Member States and if such decisions have been taken by at least four fifths of the votes cast. The number of votes cast shall be equal to at least four fifths of the number of Member States present.
Abstentions, white or invalid ballots shall not be considered as cast votes.
Decisions shall be communicated without delay to the Member States for information, study and advice.
These countries are morally committed to implementing these decisions as fully as possible.
However, in any vote concerning the organisation, management, administration and internal rules of the Conference, the Committee, the Office and any similar issue, it is sufficient for a simple majority to take immediate effect on the decision, the minimum number of members present and the number of votes cast being the same as above. The vote of the Member State whose delegate holds the chair shall take its decision in the event of a tie.
For the duration of each of its meetings, the Conference shall elect a Chairperson and two Vice-Presidents from among its number, to whom the Director of the Office shall be attached as a Secretary.
The Conference shall meet at least every six years, convened by the Chair of the Committee; If he is busy, he shall be convened by the Director of the Office, if at least half of the members of the Committee so request.
At the end of its work, the Conference shall determine the place and date of its next meeting, or shall instruct the Committee accordingly.
The official language of the Organization is French. However, the Conference may allow the use of one or more other languages for work and negotiations.
International Committee on Legal Metrology
The tasks set out in Article I shall be carried out and monitored by the International Committee on Legal Metrology, which is the working body of the Conference.
The Committee shall consist of a maximum of 20 members of different nationality. These members shall be elected from among nationals of the Member States by conference, if the governments of their country agree.
The elected members shall be active staff of the measuring instrument service or of persons acting in the field of legal metrology.
They shall contribute to the Committee by their experience, advice and results of their work, without in any way obliging their government or office.
They are elected for six years and re-elected. However, if their mandate expires between two meetings of the Conference, they shall be automatically extended until the second meeting.
They shall cease to be members of the Committee as soon as they no longer comply with the conditions laid down in this Article.
Any member of the Committee who does not attend two consecutive meetings without apologizing or having represented himself shall automatically be deemed to be a resigner from the second of those meetings.
If, at the time of the first setting up of the Committee, the Conference was unable to elect all its members, or if the post as a result of death, resignation or expiry of the mandate of a member, the Committee may be supplemented by co-opting. The appointment of such co-opted members will only become definitive once the conference has been approved, if their country's governments agree. Their mandate shall expire at the same time by the delegation of members elected directly by the Conference.
Members of the Committee shall be entitled to attend meetings of the Conference with an advisory vote. They may be one of the delegates of their government at the conference.
The Chair may invite any person whose assistance he considers useful to attend meetings of the Committee with an advisory vote.
Natural persons, excellent in metronomic science or industry, or former members of the Committee, may, by decision of the Committee, receive the title of honorary member. They may attend meetings with an advisory vote.
The Committee shall elect a President, the first Vice-President and the second Vice-President from among its number, who shall be elected for six years and shall be re-elected. However, if their mandate expires between the two meetings of the Committee, they shall be automatically extended until the second meeting. The Director of the Office shall join them as Secretary.
The Committee may delegate certain of its functions to the Chair.
The Chairman shall perform the tasks assigned to him by the Committee and replace the Committee in urgent decisions. It shall notify those decisions to the members of the Committee and report to them as soon as possible.
If questions of common interest exist for the Committee and for related organisations, the Chair shall represent the Committee with those organisations.
In the event of the absence, busy, termination of the mandate, resignation or death of the President, his post shall be exercised by the first Vice-President.
The Committee shall meet at least every two years, convened by its chairman; If he is busy, he shall be convened by the Director of the Office, if at least half of the members of the Committee so request.
If there is no particular reason, the usual meetings shall be held in the country where the Office is based.
However, information meetings may be held on the territory of different Member States.
Members of the Committee who are unable to attend a meeting may delegate their vote to one of their colleagues, who thus becomes their representative. In this case, the same member may not cumulate with his vote more than two other votes.
Decisions shall be valid only if the number of persons present and represented is equal to at least three-quarters of the number of persons elected or co-opted for committee members and if the proposal has been adopted by at least four-fifths of the votes cast. The number of votes cast shall be equal to at least four fifths of the number present and represented at the meeting.
Absence, white or invalid tickets shall not be deemed to have been cast.
The Committee may act in writing between meetings and in certain specific cases.
Decisions taken in this way shall be valid if all members of the Committee have been invited to express their opinion and if the decisions are approved unanimously by all votes cast, on condition that the number of votes cast is equal to at least two thirds of the members elected or co-opted.
Abstentions, white or invalid tickets are not considered to be cast votes. Failure to answer a question within the time limit set by the President shall be deemed to be abstention.
The Committee shall entrust to the competent services of the Member States, with their express prior consent, the study of specific issues, research research and laboratory work. If these tasks are linked to some expenditure, the agreement shall determine the extent to which these issues will be covered by the Organisation.
The Director of the Office shall coordinate and collect all work.
The Committee may delegate temporary or permanent tasks to working groups or to technical or legal experts, who shall follow instructions which it shall determine. Where these tasks are linked to some remuneration and compensation, the Committee shall determine their amount.
The Director of the Office shall act as secretariat for such working groups or expert groups.
International Office for Legal Metrology
The International Office for Legal Metrology, which is under the leadership and control of the Committee, is responsible for the running of the conference and committee.
The Office shall be responsible for preparing the meetings of the Conference and the Committee, establishing links between the various members of these bodies and maintaining contacts with the Member States or with the correspondents and their relevant services.
It shall also be responsible for carrying out the studies and work referred to in Article I, as well as for drawing up protocols and issuing a Bulletin which shall be sent free of charge to the Member States.
It shall be a documentation and information centre as provided for in Article I.
The Committee and the Office shall ensure that the decisions of the Conference are implemented.
The Bureau does neither research nor laboratory work. It may, however, have demonstration halls, provided with appropriate facilities for exploring the design and operation of certain instruments.
The Office shall have its administrative seat in France.
The staff of the Office shall include the Director and his co-staff appointed by the Committee, as well as permanent or temporary officials and staff recruited by the Director.
Staff of the Office and, where appropriate, experts referred to in Article XVIII shall be remunerated. They shall be paid or paid, or paid, the amount of which shall be determined by the Committee.
The position of the Director, his or her staff, officials or servants shall be determined by the Committee, in particular as regards the conditions relating to recruitment, work, discipline and pensions.
The appointment, release or removal of officials and servants of the Office shall be carried out by the Director, with the exception of his co-staff appointed by the Committee, who may be the subject of such measures only by decision of the Committee.
Each Member State shall appoint one of its own staff in its country to maintain constant contact with the Office and to collect all study questions. In countries which have a member of the Committee among their nationals, this person may also be entrusted with the abovementioned contact.
The Director shall conduct the operation of the Office under the control and in accordance with the guidelines of the committee to which he is responsible and to which he shall submit an activity report at each ordinary meeting.
The Director shall collect the revenue, prepare the budget, be responsible for all expenditure personal and material and shall point them to payment, manage funds.
The Director shall, by the authority of his office, be the Secretary of the Conference and the Committee.
The governments of the Member States declare that the Office is recognised as being a public utility, that it is a legal person and that it generally enjoys the privileges and benefits normally conferred on intergovernmental institutions by the legislation in force in each of the Member States.
Financial provisions
The Conference shall decide for a financial period equal to the period between its meetings:
- the aggregate amount of loans required to cover the expenditure relating to the operation of the Organisation;
- the annual amount of loans to be deposited as a reserve for extraordinary expenses and to ensure that the budget is implemented in the event of insufficient revenue.
Loans are valued in gold francs. The parity between the golden franc and the French franc is that of the Banque de France.
During the financial period, the Committee may, if it deems it necessary, contact the Member States with a request for increased credit in order to ensure that the tasks of the Organisation are carried out or to face changed economic conditions.
If, at the end of the financial period, the conference has not yet met or if it has not been legally agreed, the financial period shall be extended until the following meeting. Loans originally allocated shall be increased proportionally for the period of this extension.
For the period of the financial year, the Committee shall determine the amount of operational expenditure relating to the budgetary period between meetings between the credits allocated. It controls the storage of fast funds.
If, by the end of the budget period, the Committee has not met or has not adopted a final decision, the President and the Director of the Office shall decide to extend all or part of the budget until the next meeting.
The Director of the Office shall be entitled, under his own responsibility, to make commitments and to compensate for the operational expenditure of the Organisation.
It shall be entitled:
- to offset extraordinary expenses,
- to collect from reserve loans the amounts needed to ensure the implementation of the budget in case of insufficient revenue, only with the prior agreement of the Chairman of the Committee.
Budget surpluses remain applicable throughout the financial period.
The budget management managed by the Director shall be submitted to the Committee which shall examine them at each of its meetings.
After the end of the financial period, the Committee shall submit the accounts to the Conference for inspection.
The Conference determines how budget surpluses are used. The sum of these surpluses may be used to reduce Member States' contributions or be credited to reserve funds.
The expenditure of the Organisation shall be reimbursed:
1. Member States' annual contributions.
The total amount of contributions for a single financial period shall be determined according to the amount of loans approved by the Conference taking into account the estimate of revenue from items 2 to 5 below.
For the purpose of determining the respective shares, Member States shall be divided into four classes according to the total population of the parent country and territory which they have declared to represent:
| Třída I | počet obyvatelstva menší nebo rovnající se 10 miliónům. |
| Třída II | počet obyvatelstva od 10 miliónů do 40 miliónů včetně. |
| Třída III | počet obyvatelstva od 40 miliónů do 100 miliónů včetně. |
| Třída IV | počet obyvatelstva přesahující 100 miliónů. |
The population is rounded down to millions.
If in a Member State the degree of use of measuring instruments is clearly lower than the general average, that State may apply for inclusion in a lower class than that of its population.
By share classes, they're 1, 2, 4 and 8.
The contribution share of a Member State shall be distributed evenly over all years of the financial year to determine the annual contribution.
In order to be able to create a hedge fund immediately from the outset to compensate for fluctuations in income collection, Member States shall deposit advances for the next annual contribution. The amount of such advances and their duration shall be determined by the Conference.
If, by the end of the financial period, the Conference has not met or has not been legally agreed, the payment of annual contributions shall be extended to the same amount until the meeting of the Conference in force;
2. the proceeds from the sale of publications and the proceeds from the provision of services to correspondents;
3. the proceeds resulting from the deposit of cash-making amounts;
4. contributions to the current financial year and the entry fees of the new Member States - repayable contributions and entry charges of readopted Member States - additional contributions paid by Member States which, after interruption, repay contributions;
5. Subsidies, subscriptions, gifts, references and various receipts.
Exceptional subsidies may be granted by certain Member States to carry out specific work. These will not be included in the general budget and will be charged in special accounts.
The amount of the annual contributions shall be fixed in gold francs. They are paid in French francs or in any other convertible currency. The parity between the golden franc and the French franc is determined by the Banque de France, using the rate applicable on the day of payment.
Contributions shall be paid at the beginning of the year to the Director of the Office.
The Committee shall draw up the financial rules on the basis of the general rules laid down in Article XXIV to XXVI.
A State which becomes a member of the Organisation during one of the periods provided for in Article XXXVI shall be obliged until the expiry of that period and shall be subject from its approach to the same obligations as those already existing members.
The new Member State shall become co-owner of the assets of the Organisation and shall be obliged to pay an entry fee, the amount of which shall be determined by the Conference.
The amount of its annual contribution shall be calculated as if it had acceded on 1 January of the year following the deposit of the instrument of accession or ratification. The amount of the allowance for the current year shall be equal to as many twelfths of the allowance as the months remaining to be paid. This contribution does not in any way alter the amount of contributions determined by reference to the current year for other members.
Any Member State which has failed to pay contributions for three consecutive years shall, by its own authority, be deemed to be a deputy and shall be removed from the list of Member States.
However, if some Member States are temporarily in a difficult financial situation and cannot fulfil their obligations as a result, their situation will be examined by a conference which in some cases may allow payment periods or deferral.
Insufficient income arising from the removal of a Member State shall be replaced by a selection from the reserves established under Article XXIV.
Member States which have voluntarily stepped up and Member States which have been declared to be acting on their own initiative shall lose their joint ownership of the Organisation's total assets.
A Member State which has volunteered may be readmitted on simple request. However, it is considered to be a new Member State and, if more than five years have elapsed since its publication, an entry allowance is required.
A Member State which is declared ex officio as a representative may be readopted on simple request, subject to payment of contributions not paid at the time of its removal. These repayments shall be calculated on the basis of the amount of the contributions in the years preceding its reacceptance. That State is then considered to be a new Member State, but the entry allowance is calculated taking into account the previous contributions in proportion to the conference determined.
In the event of dissolution of the Organisation, the assets, subject to any agreement agreed between the Member States whose membership contributions are paid at the time of dissolution, and subject to the contractual or acquired rights of active or retired personnel, shall be distributed among the Member States in proportion to the aggregate amount of their former contributions.
General provisions
This Convention shall remain open for signature until 31 December 1955 at the Ministry of Foreign Affairs of the Republic of France.
It will be ratified.
The instruments of ratification shall be deposited with the Government of the Republic of France, which shall notify each signatory State of the date of deposit.
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Regulation Information
| Citation | Decree No. 40 / 1959 Coll., on the Convention establishing an International Organisation for Legal Metrology |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.07.1959 |
|---|---|
| Effective from | 28.05.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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