Zakon o ratifikaciji Sporazuma o ustanovitvi Evropske konference za molekularno biologijo (MUEKMB)

THE STATES parties to this Agreement,
    CONSCIOUS of the important role of molecular biology in the progress of science and the well-being of mankind;
    CONSIDERING that there is need for completing and intensifying, through inter-governmental action, the international co-operation already prevailing in this domain;
    DESIROUS of developing European co-operation in the domain of molecular biology with a view to encouraging activities which are of particular scientific merit;
    TAKING NOTE of the acceptance by the European Molecular Biology Organization (hereinafter referred to as “EMBO”) of those provisions of the present Agreement which concern it;
    HAVE AGREED as follows:

Article I

Establishment of the Conference

A European Molecular Biology Conference, hereinafter referred to as “the Conference”, is hereby established.

Article II

Purposes

1. The Conference shall provide for co-operation among European States for fundamental research in molecular biology as well as in other areas of research closely related thereto.
    2. The General Programme to be carried out under the responsibility of the Conference shall comprise in the first instance:
    a) provision for training, teaching and research scholarships;
    b) assistance to universities and other institutions of higher learning that wish to receive visiting professors;
    c) the establishment of programmes of courses and the organization of study meetings, coordinated with the programmes of universities and other institutions of higher learning and research.
    The execution of the General Programme is entrusted by the Conference to EMBO.
    The General Programme, or the means of its execution, may be modified by decision of the Conference taken unanimously by the Members present and voting.
    3. Projects studied by the Conference which only some Members are disposed to execute shall be termed Special Projects. Any Special Project shall be approved by the Conference by a two-thirds majority of the Members present and voting. The execution of a Special Project shall be the subject of a special agreement between the States participating in it. Any Member is entitled to participate at any later time in a Special Project which has already been approved.

Article III

The Conference

1. The Members of the Conference are the States parties to this Agreement.
    2. The Conference may, by decision taken by unanimous vote of the Members present and voting; permit other European States, as well as States which have made an important contribution to the work of EMBO from its foundation, to become Members by acceding to this Agreement after it has come into force.
    3. The Conference may, by unanimous vote of the Members present and voting, establish co-operation with non-Member States, national bodies or international governmental or non-governmental organizations. The conditions and terms of such co-operation shall be defined by the Conference, by unanimous vote of the Members present and voting, in each case according to the circumstances.

Article IV

Procedure and Functions of the Conference

1. The Conference shall meet once a year in ordinary session. It may also meet in extraordinary session at the request of two-thirds of all the Members.
    2. Each Member hall be represented by not more than two delegates, who may be accompanied by advisers. The conference shall elect a President and two Vice-Presidents for a term extending until the next ordinary session.
    3. The Conference shall:
    a) take the decisions necessary to achieve the objective provided for in Article II;
    b) decide upon its place of meeting;
    c) be empowered to hold funds and to conclude contracts;
    d) adopt its Rules of Procedure;
    e) establish by a two-thirds majority of the Members present and voting such subordinate bodies as may prove necessary;
    f) approve an indicative scheme for the realisation of the General Programme mentioned in Article II, paragraph 2 and specify its duration. In approving this scheme, the Conference shall determine, by unanimous vote of the Members present and voting, the maximum credits that may be committed during that period. This amount may not be varied thereafter, unless the Conference by unanimous vote of the Members present and voting so decides;
    g) adopt the ordinary annual budget by a two-thirds majority of the Members present and voting and make the necessary financial arrangements;
    h) approve the provisional estimate of expenditures for the two following years;
    i) take note of the particular financial provisions relating to any Special Project previously adopted by those Members participating in that Project;
    j) adopt Financial Regulations by a two-thirds majority of Members present and voting;
    k) approve and publish its audited annual accounts;
    l) approve the annual report presented by the Secretary-General.
    4.a) (i) Each Member shall have one vote in the Conference.
    (ii) A Member shall nevertheless not be entitled to vote with regard to the execution of a Special Project unless it has agreed to participate in that Project.
    (iii) States which have signed but not yet ratified, accepted or approved this Agreement may be represented at the Conference and take part in its work, without the right to vote, for a period of two years after the coming into force of the Agreement.
    (iv) A Member shall have no vote in the Conference if it has not paid its contributions for two consecutive financial years.
    b) Except where otherwise stipulated in this Agreement, decisions of the Conference shall be taken by a majority of the Members present and voting.
    c) The presence of delegates of a majority of all Members shall be necessary to constitute a quorum at any meeting of the Conference.

Article V

The Secretary-General

1. The Conference shall appoint, by a two-thirds majority of all Members, a Secretary-General for a defined period of time. He shall remain in office until the appointment of his successor. The Secretary-General shall assist the president of the Conference, and shall maintain continuity of business between sessions. He may undertake all such actions as are required for the conduct of the Conference’s current business.
    2. The Secretary-General shall present to the Conference:
    a) the draft indicative scheme referred to in Article IV, paragraph 3 f) ;
    b) the ordinary budget and provisional estimate provided for in Article IV, paragraphs 3 g) and h) ;
    c) the particular financial provisions for each Special Project, in accordance with Article IV, paragraph 3 i) ;
    d) the audited annual accounts and the annual report called for in Article IV, paragraphs 3 k) and l) .
    3. In the exercise of his duties the Secretary-General shall make use of the services of EMBO.

Article VI

The Budget

1. The annual ordinary budget for the following financial year extending from 1 January to 31 December, showing both the expenses resulting from the realisation of the General Programme and those relating to the functioning of the Conference, together with the estimated income, shall be submitted to the Conference by the Secretary-General not later than 1 October of each year.
    2. The expenses of the ordinary budget shall be met by:
    a) the financial contributions of Members;
    b) any gifts contributed by Members in addition to their financial contributions, provided they are consistent with the purposes of the Conference;
    c) any other resources, in particular gifts offered by private organizations or individuals, subject to the prior approval of the Conference given by a two-thirds majority of those present and voting.

Article VII

Contributions and Auditing

1. Each Member shall contribute both to the expenses resulting from the realisation of the General Programme and to those relating to the functioning of the Conference, in accordance with a scale which shall be decided upon every three years by the Conference by two-thirds majority of all the Members and shall be based on the average net national income at factor cost of each Member for the last three preceding years for which statistics are available.
    2. The Conference may decide, by a two-thirds majority of all Members, to take account of any special circumstances affecting a Member and to modify its contribution accordingly. In applying this provision the term “special circumstances” shall be held to include in particular a situation in which the per capita national income of a Member State is less than an amount which the Conference shall fix by a two-thirds majority.
    3. If a State becomes a party to the Agreement, or ceases to be a party, the scale of contribution mentioned in paragraph 1 shall be modified. The new scale shall take effect as from the beginning of the financial year following.
    4. The Secretary-General shall notify Members of the amount of their contributions in accounting units representing a weight of 0.88867088 grammes of fine gold, and of the dates on which payments shall be made.
    5. The Secretary-General shall keep detailed accounts of all receipts and disbursements. The Conference shall appoint auditors to audit its accounts and to examine, in conformity with the Financial Regulations, the accounts of EMBO. The Secretary-General and EMBO shall furnish the auditors with such information and help as they may require to carry out their duties.

Article VIII

Settlement of disputes

Any dispute between two or more Members concerning the interpretation of application of this Agreement which is not settled through the good offices of the Conference shall be submitted, at the request of any party to the dispute, to the International Court of Justice, unless the Members concerned agree within a reasonable lapse of time on another mode of settlement.

Article IX

Amendments

1. This Agreement may be amended when not less than two-thirds of all the Members have so requested.
    2. A proposal of amendment shall be placed on the agenda of the ordinary session which immediately follows the deposit of the proposal with the Secretary-General. Such a proposal may also be the object of an extraordinary session.
    3. Any amendment to this Agreement shall be adopted unanimously by all the Members of the Conference, who shall notify their acceptance in writing to the Government of Switzerland.
    4. Amendments shall come into force 30 days after the deposit of the last written notification of acceptance.

Article X

Winding-up

Subject to any agreement which may be made between Members with regard to the winding-up of the Conference, the Secretary-General shall be entrusted with all questions arising from the winding-up of the Conference. Except where otherwise provided by the Conference, the surplus shall be distributed among the Members in proportion to the contributions paid by them since the dates of their becoming parties to this Agreement. In the event of a deficit, this shall be met by the Members in the same proportions as those in which their contributions have been assessed for the current financial year.

Article XI

Final Provisions

1. This Agreement shall be open for signature by the States which have drawn it up.
    2. This Agreement shall be subject to ratification, acceptance or approval. The appropriate instruments shall be deposited with the Government of Switzerland.
    3. Any State not a signatory to this Agreement may accede on condition that it satisfies the provisions of Article III, paragraph 2. The instruments of accession shall be deposited with the Government of Switzerland.
    4. a) This Agreement shall come into force when ratified, accepted or approved by the majority of States which have drawn it up, and on condition that the total contributions of these States represent at least 70% of the total of contributions shown in the scale annexed to this Agreement.
    b) For any other signatory or acceding State the Agreement shall come into force on the date of deposit of its instrument of ratification, acceptance, approval or accession.
    c) This Agreement shall initially remain in force for a period of five years. Not less than one year before the close of that period the Conference shall meet for the purpose of deciding by two-thirds majority of all the Members either to prolong the Agreement without change, or to amend it, or to discontinue European collaboration in the field of molecular biology within the framework of the Agreement.
    5. After this Agreement has been in force for five years, a State party to the Agreement may denounce it by giving notification to that effect to the Government of Switzerland. Such denunciation shall take effect:
    a) at the end of the current financial year, if the notification has been given during the first nine months of that financial year;
    b) at the end of the next financial year, if the notification has been given in the last three months of the current financial year.
    6. If a Member fails to fulfil its obligation under this Agreement, it may be deprived of its membership by decision of the Conference taken by a majority of two-thirds of all the Members. Such decision shall be notified to signatory and acceding States by the Secretary-General.
    7. The Government of Switzerland shall notify signatory and acceding States of:
    a) all signatures;
    b) the deposit of any instrument of ratification, acceptance, approval or accession;
    c) the entry into force of this Agreement;
    d) all written acceptances notified under Article IX, paragraph 3;
    e) the entry into force of any amendment; and
    f) any denunciation signified in accordance with Article XI, paragraph 5.
    8. The Government of Switzerland shall, upon the coming into force of this Agreement, register it with the Secretary-General of the United Nations in accordance with Article 102 of the Charter of the United Nations.

Article XII

Transitional Provisions

1. For the period from the entry into force of the Agreement to 31 December following, the Conference shall make budgetary arrangements and expenditure shall be covered by assessments upon Member States established in accordance with the following paragraphs.
    2. States parties to the Agreement upon its coming into force, and States which may become parties up to 31 December following, shall together bear the whole of the expenditure foreseen in the provisional budgetary arrangements which the Conference may adopt in accordance with paragraph 1 of this Article.
    3. The assessments upon States covered by paragraph 2 above shall be established on a provisional basis according to the need and in conformity with Article VII, paragraph 1. On the expiry of the period indicated in paragraph 1 above, a definitive sharing of costs as between these States shall be effected on the basis of actual expenditures. Any excess payment by a State, over and above its definitive share as thus established, shall be placed to its credit.
    IN WITNESS WHEREOF, the undersigned plenipotentiaries, having been duly authorized thereto, have signed this Agreement.
    Done at Geneva, this 13 February, 1969, in the English, French and German languages, the three texts being equally authoritative, in a single original which shall be deposited in the archives of the Government of Switzerland, which shall transmit certified copies to all signatory and acceding States.

ANNEX
    TO THE AGREEMENT SETTING UP THE EUROPEAN MOLECULAR BIOLOGY CONFERENCE

Scale of contributions drawn up by CERN for 1967 on the basis of average national incomes, 1962–1964
    This scale is given here solely for the specific purposes of Article XI, paragraph 4 a). It in no way prejudges the decisions which the Conference will have to take under Article VII, paragraph 1 on the future scales of contributions.

.                                                              %
Austria                                                     1,87
Belgium                                                     3,51
Denmark                                                     2,02
Federal Republic of Germany                                22,96
France                                                     19,06
Greece                                                      1,16
Italy                                                      11,08
Netherlands                                                 3,82
Norway                                                      1,39
Spain                                                       4,26
Sweden                                                      3,96
Switzerland                                                 3,07
United Kingdom of Great Britain and
Northern Ireland                                           21,84
                                                         --------
                                                          100,00