rijk/verdrag/verdrag-inzake-het-internationaal-koude-instituut-ter-vervanging-van-het-verdrag/BWBV0004967

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag inzake het Internationaal Koude-Instituut, ter vervanging van het Verdrag van 21 juni 1920, gewijzigd op 31 mei 1937	BWBV0004967	verdrag	geldend	1960-06-02	https://wetten.overheid.nl/BWBV0004967	Verdrag inzake het Internationaal Koude-Instituut, ter vervanging van het Verdrag van 21 juni 1920, gewijzigd op 31 mei 1937

Verdrag inzake het Internationaal Koude-Instituut, ter vervanging van het Verdrag van 21 juni 1920, gewijzigd op 31 mei 1937

Titel I. Aim, Title, Seat, Functions

Artikel I

1. The Contracting Parties resolve to collaborate closely in the study of scientific and technical problems relating to refrigeration and in the development of the uses of refrigeration which improve the living conditions of mankind.

2. To this end they undertake to maintain and support the International Institute of Refrigeration hereinafter referred to as the „Institute” of which the seat is in Paris.

Artikel II

The objectives of the Institute, in respect of all matters relating to the study, production and use of refrigeration in the international field, are the following:

a) a) to further in the different Member Countries the development of scientific research and promote technical and economic studies on the national and international level; b) b) to collect scientific, technical and economic information and documents as well as texts of laws and regulations; c) c) to further the teaching and popularisation of science and technology; d) d) to publish such studies and documents the issue of which may be useful; e) e) to further the development of the uses of refrigeration particularly in the field of food and agriculture, in industry and in the domain of health and hygiene; f) f) to make recommendations to Governments or international Organisations, and in particular, to propose measures for the improvement and unification of laws and regulations; g) g) to keep in touch with the interested national and international bodies with a view to carrying out its programme of activities; h) h) to organise International Congresses; i) i) and, in general, to take all steps aimed at promoting the principle and uses of refrigeration.

Titel II. Members

Artikel III

The Institute is comprised of the following Member Countries which enjoy the rights and which are subject to the obligations laid down by this Agreement:

a) a) the Contracting Parties; b) b) the Territories the Contracting Parties notify at the time of signature of the present Agreement and which appear in the appended list; c) c) Countries which are not parties to the present Agreement if such Countries accede to this Agreement and if their admission is accepted by the Executive Committee; d) d) Territories not included in the appended list, if notified to the Institute by the Contracting Party responsible for their international relations and if their admission is accepted by the Executive Committee.

Artikel IV

1. In order to enable Member Countries to participate in the Institute according to the extent of their economic activity and the interest which they have in the problems of refrigeration, provision has been made for six categories of Member Countries. These categories are mainly characterised by the amount of the financial contribution, by the number of votes and by the number of publications received free of charge.

2. Each Member Country decides the category in which it wishes to be placed.

Artikel V

Each Member Country has the right to withdraw from the Institute or to be placed in a lower category by giving notice of at least one year. Transfer into a higher category may be made at any time on payment of the appropriate supplementary contribution.

Artikel VI

Member Countries may, upon their own responsibility transfer all or some of their rights and obligations in respect of the Institute to a competent association or organisation.

Artikel VII

Each Member Country shall endeavour to associate with the work of the Institute, the principal scientific, technical, cultural or professional bodies concerned with questions of refrigeration.

Artikel VIII

In exceptional cases, persons who have played an outstanding part in the science of refrigeration and in the industries connected with refrigeration and benefactors of the Institute may, upon the decision of the Executive Committee, receive the title of Honorary Member of the Institute.

Artikel IX

1. Qualified individuals, firms and institutions taking part in the development of the science of refrigeration or of the industries connected with refrigeration, and making a periodic contribution, the amount and method of payment of which are laid down by the Management Committee, may, upon the decision of this Management Committee, be nominated as „Associate Members” of the Institute.

2. Associate Members are entitled to receive the Institute's journals, to participate in the work of the Commissions and Congresses and to consult the Institute's library in accordance with the provisions set out in the General Regulations for the application of the present Agreement.

Titel III. Organs and procedure

Afdeling . General Conference

Artikel X

1. The Institute is placed under the authority and control of a General Conference.

2.

The General Conference has the following principal powers:

a) a) to issue general instructions for the procedure and work of the Institute; b) b) to draw up General Regulations for the application of the present Agreement setting forth in particular the method of applying the various articles of this Agreement, the Staff Regulations and the rules of procedure of the General Conference; c) c) to elect the President and the Vice-Presidents of the Executive Committee; d) d) to elect the President and the Vice-Presidents of the Technical Board and the Presidents and Vice-Presidents of Commissions who are the other members of the Technical Board.

Artikel XI

1. The General Conference is composed of representatives designated by the Member Countries or by competent association or organisation acting in place of the Member Countries.

2.

The number of representatives from each Member Country is fixed at:

6	for category	1
5	-	2
4	-	3
3	-	4
2	-	5
1	-	6

3. Representatives who are prevented from attending a meeting are entitled to appoint as proxy one of ther colleagues at the General Conference.

4. An ordinary session of the General Conference is held once every four years. It may, if it so decides or the Executive Committee requests, meet in extraordinary session.

5. Resolutions of the General Conference are passed by a two-thirds majority of the total number of representatives or substitute representatives present. However, for the election of its President, for the election of the President and the Vice-Presidents of the Executive Committee and for the election of the Members of the Technical Board a simple majority of representatives or their proxies is sufficient, the President having the casting vote in the case of a tie.

6. The Director is ex-officio Secretary of the General Conference.

Artikel XII

1. An ordinary session of the General Conference opens with the election of its President.

2. The same President cannot be elected for more than two terms in succession.

3. If the President is prevented from presiding over a meeting, his place is taken by the President or by a Vice-President of the Executive Committee.

4. The President of the General Conference is invited to meetings of the Executive Committee, of the Technical Board and of the Management Committee and attends such meetings in an advisory capacity.

Afdeling . Executive Committee

Artikel XIII

The executive powers of the Institute are entrusted to an Executive Committee:

a) a) it is the duty of the Executive Committee to enforce the instructions issued by the General Conference; b) b) the Executive Committee has full control over the administration of the Institute; c) c) it appoints the Director by secret ballot; d) d) it approves the budget; e) e) it approves agreements to be concluded with other organisations; f) f) it makes all the general arrangements necessary for the running of the Institute; g) g) it nominates delegates to the Management Committee; h) h) moreover, in the intervals between the sessions of the General Conference it is empowered to take provisional decisions on matters within the province of the General Conference, such provisional decisions to be submitted to the General Conference for ratification at its next session.

Artikel XIV

1. The Executive Committee is composed of delegates appointed by the Member Countries or by competent association or organisation acting in place of the Member Countries, each country being represented by one person.

2. Each Member Country or competent association or organisation can also appoint a substitute delegate.

3. Each delegate on the Executive Committee has as many votes as the Member Country which he represents has representatives at the General Conference.

4. The President of the General Conference, the President and the Vice-Presidents of the Technical Board and also the Presidents of the Commissions are invited to meetings of the Executive Committee and they attend such meetings in an advisory capacity.

5. The Executive Committee holds one ordinary meeting each year. Extraordinary meetings are called at the instigation of its President or at the request of the Management Committee.

6. Resolutions of the Executive Committee are passed by a two-thirds majority of the votes of the delegates or substitute delegates present. In the case of the appointment of the Director if his election is not secured after two votes have been taken, a simple majority is sufficient. The other elections for which the Executive Committee is responsible are decided by a simple majority. In case of a tie, the President has the casting vote.

7. The Director is ex-officio Secretary of the Executive Committee.

8. When necessary, the Executive Committee draws up its own rules of procedure within the framework of the Agreement and of the General Regulations.

Artikel XV

1. The President of the Executive Committee and the Vice-Presidents numbering from three to six, are elected at the General Conference at its ordinary session.

2. The President and the Vice-Presidents cannot be elected to the same office for more than two consecutive terms.

3. If the President or a Vice-President ceases to be a delegate to the Executive Committee or resigns before a four-year period expires, the Executive Committee appoints a successor at its following meeting, the powers of this successor expiring at the end of the current period of four years.

4. The President and the Vice-Presidents of the Executive Committee are invited to the meetings of the Technical Board and attend such meetings in an advisory capacity.

Afdeling . Management Committee

Artikel XVI

1. It is the duty of the Management Committee in the interval between meetings of the Executive Committee and in accordance with the decisions made by the General Conference and the Executive Committee to examine the working of the Institute and in particular financial matters and to submit the annual budget to the Executive Committee.

2. The Management Committee consists of the President of the Executive Committee who is ex-officio President of the Management Committee, three members elected for a period of four years by the Executive Committee, three members elected for a period of four years by the Technical Board. These six members cannot be elected to the same office for more than two consecutive terms.

3. The Management Committee meets when called by its President at least three times a year.

4. Decisions are taken by a simple majority, the President having the casting vote in the case of a tie.

5. The Director is ex-officio Secretary to the Management Committee.

6. When necessary the Management Committee draws up its own rules of procedure which shall be submitted for approval to the Executive Committee.

Afdeling . Technical Board and Commissions

Artikel XVII

1. Technical and scientific problems within the province of the Institute are studied by a Technical Board and by Commissions.

2. The Technical Board consists of a President, one to three Vice-Presidents and the Presidents and Vice-Presidents of the Commissions. The office of President of the Technical Board cannot be held by the same person at the same time as that of President or Vice-President of a Commission.

3. The Members of the Technical Board are entitled, when prevented from attending a meeting, to appoint as proxy one of their colleagues on the Technical Board.

4. The President of the General Conference and the President and Vice-Presidents of the Executive Committee are invited to the meetings of the Technical Board and they attend such meetings in an advisory capacity.

5. The President and the Vice-Presidents of the Technical Board are elected every four years by the General Conference at its ordinary session on a basis of proposals made by the retiring Technical Board. The members of the Technical Board cannot be elected to the same office for more than two consecutive terms.

6. During the intervals between sessions of the General Conference, the Executive Committee elects members in succession to those who have resigned or are prevented from serving; the term of new members so elected expiring with that of the other members.

7. The Technical Board meets normally once a year. Additional meetings may be held when called by its President or at the request of one third of its members.

8. Resolutions are passed by a simple majority of members present, the President having the casting vote in case of a tie.

9. The Director is ex-officio Secretary of the Technical Board.

10. If necessary, the Technical Board draws up its own rules of procedure within the framework of the present Agreement and of the General Regulations.

Artikel XVIII

1. The number of the Commissions and their functions are laid down by the General Regulations.

2. Each Commission has a President, one or more Vice-Presidents and one or more Secretaries.

3. The President and the Vice-Presidents are elected by the General Conference at its ordinary session. They cannot hold the same office for more than two consecutive terms.

4. When neither the President nor one of the Vice-Presidents of a Commission belongs to the Country in which the next International Congress is due to take place an additional Vice-President may be appointed by the Executive Committee on proposal of the delegate of that country; his duties end when the Congress has completed its work.

5. Bearing in mind recommendations forwarded by Member Countries the other Members of the Commissions are appointed by the Technical Board on the basis of proposals made by the Presidents of Commissions. This Board can delegate to its President the power of appointment during the intervals between its sessions.

6.

Secretaries of Commissions are appointed by the Technical Board on the basis of proposals made by the Presidents of Commissions.

This Board can delegate to its President the power of appointment during the intervals between its sessions.

7. Any member of a Commission who, during two consecutive years has neither attended meetings nor taken part by correspondence in the work of the Commission, is deemed to have resigned.

Afdeling . Working Parties

Artikel XIX

Working Parties may be formed to find a solution to problems of interest to the Institute.

Afdeling . Management

Artikel XX

1. The Institute is run by the Director assisted by established and temporary staff.

2. The Director is elected by secret ballot by the Executive Committee. His obligations and powers are laid down in the General Regulations.

3. The Director is ex-officio Secretary of the General Conference, of the Executive Committee, of the Management Committee and of the Technical Board.

Artikel XXI

1. The established and temporary members of the staff are appointed and dismissed by the Director. Their rights and obligations are laid down in the General Regulations.

2. The appointment of established staff is not valid until after confirmation by the Management Committee.

Afdeling . International Congresses of Refrigeration

Artikel XXII

1. The Institute is responsible for holding an International Congress of Refrigeration, normally every four years.

2. The programme is approved by the Executive Committee. The work of organisation may be entrusted to one or more Member Countries of the Institute.

Afdeling . Publications

Artikel XXIII

1. The work of the Technical Board and of the Commissions and information of all kinds collected by the Institute is published in its official languages in journals and other papers edited by the Institute.

2. The General Regulations lay down the conditions under which a certain number of copies of these publications are distributed free of charge to the Member Countries.

3. The Institute may also employ any other method of disseminating information which will help to achieve its aims.

Titel IV. Financial resources

Artikel XXIV

The cost of running the Institute is covered:

a) a) by annual and by extraordinary contributions from Member Countries; b) b) by receipts from subscriptions to the journals, from the sale of publications or documents, from advertisements in the various publications and, in general, by income accruing from all activities carried out within the framework of the present Agreement; c) c) by other subscriptions, gifts and legacies from which it may legally benefit; d) d) by income derived from its assets.

Artikel XXV

1. The Executive Committee examines at its annual ordinary session the financial report for the preceding year. The budget for the coming year is approved by the Executive Committee at its annual ordinary session.

2. The Executive Committee can delegate to the Management Committee powers to make certain modifications in the current budget.

Artikel XXVI

1.

Each Member Country's contribution is payable in French francs or in its own currency which must be convertible into French francs, convertibility being the responsibility of the contributing member. It is fixed in gold francs of a weight of 10/31 gramme and of a fineness of 0.900 according to the category to which the Member Country belongs on the following basis:

	Category	Annual contribution in gold francs
	-	-
1	.......................................	9,600
2	.......................................	7,200
3	.......................................	4,800
4	.......................................	3,200
5	.......................................	1,600
6	.......................................	800

2. Every four years the General Conference, at its ordinary session acting on proposals approved the preceding year by the Executive Committee, may modify the amounts of these basic contributions by a higher or lower coefficient in order to adapt them to the activities of the Institute or to the current economic situation.

3. The new rates of contribution apply during the next four years.

Artikel XXVII

Member Countries which are more than two years in arrears with the payment of their financial contribution forfeit the privileges of membership and in particular the rights of vote until such time as their payments are regularised.

Titel V. Miscellaneous clauses

Artikel XXVIII

The Institute shall establish with specialised Agencies of the United Nations Organisation and with other international bodies such relationships as may assure collaboration in the achievement of their respective aims.

Artikel XXIX

The Institute enjoys in the territory of each of its Member Countries such legal capacity and status as may be necessary for the exercise of its functions and the fulfilment of its aims as defined in separate agreements made with the interested Member Countries.

Artikel XXX

The official languages of the Institute are French and English.

Artikel XXXI

1. Amendments to the present Agreement which do not affect the fundamental aims of the Institute and which do not increase the obligations of Member Countries become effective upon the approval by the General Conference.

2. Other amendments shall, when they have been approved by the General Conference, be submitted to Member Countries for ratification. They shall become effective upon ratification by two-thirds of the Member Countries (other than those excluded by the provisions of Article XXVII above) for Member Countries which have then ratified, and for a Member Country which ratifies subsequently upon the date of its ratification.

3. In all cases proposed amendments must be submitted to the Governments of Member Countries by the Director at least six months before they are examined by the General Conference.

Artikel XXXII

The present Agreement is concluded for a period of ten years unless withdrawal according to the provisions of Article V. Thereafter it shall be automatically renewed for periods of four years at a time unless terminated at the end of any such period.

Artikel XXXIII

The French and English texts of this Agreement are equally authoritative. Any dispute in respect of the interpretation of the Agreement shall be submitted to the International Court of Justice or to an arbitration procedure determined by the General Conference.

Artikel XXXIV

1. This Agreement will be opened to the signature of the Member Countries of the International Institute of Refrigeration until the first of June 1955.

2. This Agreement shall be ratified. The instruments of ratification shall be deposited with the Government of the French Republic. The Agreement shall come into force for each Signatory Country on the same day on which that Country deposits its instrument of ratification.

3. Nevertheless, the Signatories agree, in order to avoid any delay in its execution, to put this Agreement into operation provisionally immediately upon its being signed insofar as their constitutional and budgetary regulations permit.

4. In faith whereof the following Plenipotentiaries, whose powers have been found in good and due form, have signed the present Agreement.