Zakon o ratifikaciji Konvencije o preskušanju in...

101. Zakon o ratifikaciji Konvencije o preskušanju in označevanju izdelkov iz plemenitih kovin (MKPOPK), Stran .

Na podlagi druge alinee prvega odstavka 107. člena in prvega odstavka 91. člena Ustave Republike Slovenije izdajam

U K A Z
o razglasitvi Zakona o ratifikaciji Konvencije o preskušanju in označevanju izdelkov iz plemenitih kovin (MKPOPK)

Razglašam Zakon o ratifikaciji Konvencije o preskušanju in označevanju izdelkov iz plemenitih kovin (MKPOPK), ki ga je sprejel Državni zbor Republike Slovenije na seji 15. julija 2008.

Št. 003-02-7/2008-14

Ljubljana, dne 23. julija 2008

dr. Danilo Türk l.r.
Predsednik
Republike Slovenije

Z A K O N
O RATIFIKACIJI KONVENCIJE O PRESKUŠANJU IN OZNAČEVANJU IZDELKOV IZ PLEMENITIH KOVIN (MKPOPK)

1. člen

Ratificira se Konvencija o preskušanju in označevanju izdelkov iz plemenitih kovin, sestavljena 15. novembra 1972 na Dunaju, kot je bila spremenjena z amandmajem k prilogi I konvencije z dne 23. maja 1978, z amandmajem h konvenciji z dne 18. maja 1988, z amandmajem k prilogi I konvencije z dne 24. novembra 1988, z amandmajem k prilogama I in II konvencije z dne 25. in 26. maja 1998, z amandmaji h konvenciji z dne 9. januarja 2001 in popravki z dne 4. oktobra 2001 ter z amandmajem k prilogi II konvencije z dne 15. oktobra 2002.

2. člen

Konvencija se v izvirniku v angleškem jeziku in prevodu v slovenskem jeziku glasi:

C O N V E N T I O N
ON THE CONTROL AND MARKING OF ARTICLES OF PRECIOUS METALS

PREAMBULE

The Republic of Austria, the Republic of Finland, the Kingdom of Norway, the Portuguese Republic, the Kingdom of Sweden, the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland(1);

Desiring to facilitate international trade in articles of precious metals while at the same time maintaining consumer protection justified by the particular nature of these articles;

Considering that the international harmonisation of standards and technical regulations and guidelines for methods and procedures for the control and marking of precious metal articles is a valuable contribution to the free movement of such products;

Considering that this harmonisation should be supplemented by mutual recognition of control and marking and desiring therefore to promote and maintain co-operation between their assay offices and concerned authorities;

Having regard to the fact that compulsory hallmarking is not required from the Contracting States to the Convention and that the marking of articles of precious metals with the Convention marks is carried out on a voluntary basis;

Have agreed as follows:

I Scope and Operation

ARTICLE 1

1. Articles controlled and marked by an authorised assay office in accordance with the provisions of this Convention shall not be submitted to further compulsory assaying or marking in an importing Contracting State. This does not prevent an importing Contracting State from carrying out check tests in accordance with Article 6.

2. Nothing in this Convention shall require a Contracting State to allow the importation or sale of articles of precious metals which are not defined in its national legislation or do not comply with its national standards of fineness.

ARTICLE 2

For the purposes of this Convention “articles of precious metals” means articles of platinum, gold, palladium, silver, or alloys thereof, as defined in Annex I.

ARTICLE 3

1. In order to benefit from the provisions of Article 1, articles of precious metals must:

(a)

be submitted to an authorised assay office appointed in accordance with Article 5;

(b)

fulfil the technical requirements of this Convention as laid down in Annex I;

(c)

be controlled in accordance with the rules and procedures laid down in Annex II;

(d)

be marked with the marks as prescribed in Annex II.

2. The benefits of Article 1 shall not be applicable to articles of precious metals which, after being marked as prescribed in Annex II, have had any of these marks altered or obliterated.

ARTICLE 4

The Contracting States shall not be obliged to apply the provisions of paragraph 1 of Article 1 to articles of precious metals which, since being submitted to an authorised assay office, and controlled and marked as prescribed in Article 3, have been altered by addition or in any other manner.

II Control and Sanctions

Article 5

1. Each Contracting State shall appoint one or more authorised assay offices for the control and marking of articles of precious metals as provided for in Annex II.

2. The authorised assay offices shall satisfy the following conditions:

– availability of staff and of the necessary means and equipment;

– technical competence and professional integrity of the staff;

– in carrying out the requirements of the Convention, the management and technical staff of the authorised assay office must be independent of all circles, grouping or persons with direct or indirect interest in the area concerned;

– staff must be bound by professional secrecy.

3. Each Contracting State shall notify the depositary of the appointment of such assay offices and of their marks and any withdrawal of this authorisation from any assay office previously appointed. The depositary shall immediately notify all other Contracting States accordingly.

ARTICLE 6

The provisions of this Convention shall not prevent a Contracting State from carrying out check tests on articles of precious metals bearing the marks provided for in this Convention. Such tests shall not be carried out in such a way as to hamper unduly the importation or sale of articles of precious metals marked in conformity with the provisions of this Convention.

ARTICLE 7

The Contracting States hereby empower the depositary to register with the World Intellectual Property Organisation (WIPO), in accordance with the Convention of Paris for the Protection of Industrial Property, the Common Control Mark described in Annex II as a national hallmark of each Contracting State. The depositary shall also do so in the case of a Contracting State in relation to which this Convention enters into force at a later date or in the case of an acceding State.

ARTICLE 8

1. Each Contracting State shall have and maintain legislation prohibiting, subject to penalties, any forgery, unauthorised alteration or misuse of the Common Control Mark or of the marks of the authorised assay offices which have been notified in accordance with paragraph 3 of Article 5, and any unauthorised alteration to the article or alteration or obliteration of the fineness mark or responsibility mark after the Common Control Mark has been applied.

2. Each Contracting State undertakes to institute proceedings under such legislation when sufficient evidence of forgery or misuse of the Common Control Mark or marks of the authorised assay offices, or unauthorised alteration to the article or alteration or obliteration of the fineness mark or responsibility mark after the Common Control Mark has been applied is discovered or brought to its attention by another Contracting State or, where more appropriate, to take other suitable action.

ARTICLE 9

1. If an importing Contracting State or one of its authorised assay offices has reason to believe that an assay office in an exporting Contracting State has affixed the Common Control Mark without having complied with the relevant provisions of this Convention, the assay office by which the articles are purported to have been marked shall be immediately consulted and shall promptly lend all reasonable assistance for the investigation of the case. If no satisfactory settlement is reached, either of the parties may refer the case to the Standing Committee by notifying its Chairman. In such a case the Chairman shall convene a meeting of the Standing Committee.

2. If any matter has been referred to the Standing Committee under paragraph 1, the Standing Committee may, after having given an opportunity for the parties concerned to be heard, make recommendations as to the appropriate action to be taken.

3. If within a reasonable time a recommendation referred to in paragraph 2 has not been complied with, or the Standing Committee has failed to make any recommendation, the importing Contracting State may then introduce such additional surveillance of articles of precious metals marked by that particular assay office and entering its territory, as it considers necessary, including the right temporarily to refuse to accept such articles. Such measures shall immediately be notified to all Contracting States and shall be reviewed from time to time by the Standing Committee.

4. Where there is evidence of repeated and grave misapplication of the Common Control Mark the importing Contracting State may temporarily refuse to accept articles bearing the assay office mark of the assay office concerned whether or not controlled and marked in accordance with this Convention. In such a case the importing Contracting State shall immediately notify all other Contracting States and the Standing Committee shall meet within one month to consider the matter.

III Standing Committee and Amendments

ARTICLE 10

1. A Standing Committee is hereby established on which each Contracting State shall be represented. Each Contracting State shall have one vote.

2. The tasks of the Standing Committee shall be:

to consider and review the operation of this Convention;

to review and, where necessary, propose amendments to the Annexes to this Convention;

to take decisions on technical matters, as provided for in the Annexes;

to promote and maintain technical and administrative co-operation between the Contracting States in matters dealt with by this Convention;

to consider measures for securing uniform interpretation and application of the provisions of this Convention;

to encourage the adequate protection of the marks against forgery and misuse;

to make recommendations in the case of any matter referred to it under the provisions of paragraph 2 of Article 9, or for the settlement of any dispute arising out of the operation of this Convention which is presented to the Standing Committee;

to examine whether the arrangements of a State interested in acceding to this Convention comply with the conditions of the Convention and its Annexes and to make a report in that respect for consideration by the Contracting States.

3. The Standing Committee shall adopt rules of procedure for its meeting including rules for the convening of such meetings. This Committee shall meet at least once a year.

4. In accordance with paragraph 2 above, the Standing Committee shall take decisions on technical matters, as provided for in the Annexes, by unanimous vote.

5. The Standing Committee may make recommendations on any question relating to the implementation of this Convention or make proposals for the amendment of this Convention. Such recommendations or proposals shall be transmitted to the depositary which shall notify all Contracting States.

ARTICLE 11

Amendment to the Convention