Dr Jean-Luc ANGOT Deputy Director General OIE RIGHTS AND RESPONSIBILITIES OF NATIONAL DELEGATES TO THE OIE Training Seminar for OIE Delegates from Europe Lyon, 5-6 November 2008
Plan: Statutory Aspects Rights and Responsibilities - During the General Sessions of the International Committee - With respect to maintaining permanent relations with the OIE - With respect to payment of Contributions Immunities
STATUTORY ASPECTS
STATUTORY ASPECTS The National Delegate Article 2 of the International Agreement of 25 January 1924 the Office is subject to the authority and control of a Committee composed of Delegates of the contracting Governments Article 6 of the Organic Statutes the International Committee is composed of technical representatives appointed by the participating States, on the basis of one representative for each State Article 7 and 8 of the Organic Statutes the International Committee meets at least once a year in ordinary session and, notably, elects its President, and the Director General of OIE
STATUTORY ASPECTS Delegate s role It is the permanent technical Delegate who represents each Member at the meetings of the Committee, with the possibility of leading a delegation. The Committee shall be composed of technical representatives appointed by the OIE Members. Each Member shall be represented on the Committee by one permanent technical Delegate. The Delegate may be the head of a Delegation according to the provisions of the General Rules (Article 4 - Organic Rules) The permanent technical Delegate shall have one vote in each ballot (Article 5 - Organic Rules)
STATUTORY ASPECTS Delegate s appointment Members appoint permanent Delegates by informing the OIE, by means of a Ministerial notification sent to the Director General of the OIE (Article 36 of the General Rules). Cancellation of the status of the existing Delegate by the Member must be notified to the Director General at the same time as the appointment of the new Delegate.
STATUTORY ASPECTS Loss of the status Loss of the status of Delegate (through resignation, cancellation of appointment by decision of the Member Country or death) results in the termination of any elected office that the Delegate may have held in certain governing bodies of the Organisation: Presidency, Administrative Commission, Regional Commissions. In the case of the Specialist Commissions loss of the status of Delegate does not result in the loss of any office to which the Delegate has been elected.
STATUTORY ASPECTS Organic position of Delegates The Delegate is appointed by the Member Country or Territory and represents it on the International Committee. The Delegate is a permanent Delegate who enjoys permanent and full rights to represent the State on the International Committee and to maintain permanent relations with the OIE. The permanent Delegate is a technical representative chosen by the State taking into account their capabilities and The permanent technical Delegate heads the Delegation of the Member Country or Territory on the International Committee.
STATUTORY ASPECTS Organic position of Delegates Delegates exercise the right to vote of the Member Country or Territory. He or she may be accompanied by an alternate who, in the absence of the Delegate, enjoys the same prerogatives. Ministers or diplomatic authorities who participate in the opening sessions of meetings of the International Committee and who may, in their national hierarchy, be in a position of authority over the Delegate of their country or Territory do not have the status of Delegate to the International Committee, and cannot vote on the Committee, other than by express decision of the government of the Country or Territory (accreditation).
RIGHTS AND RESPONSABILITIES
Rights & Responsibilities of Delegates during the General Sessions of the International Committee Invitation of Delegates Every year, the Director General of the OIE sends the Delegates of Member Countries and Territories an invitation to the next General Session of the International Committee, with the provisional agenda and a detailed timetable for the General Session. In response, the Delegates send information on the actual participation of their country and the list of members of their Delegation (Article 47 of the General Rules).
Rights & Responsibilities of Delegates during the General Sessions of the International Committee Registration The Delegates, alternates and other members of the Delegation must report to the Secretariat of the OIE to complete the registration formalities and to receive their documents before the opening of the General Session (Article 53 of the General Rules). Participation in the sessions Article 54 of the General Rules lays down the principle that each Delegation shall be placed in alphabetical order, according to the name in the French language of its Country, in the Conference Hall at Headquarters.
Rights & Responsibilities of Delegates during the General Sessions of the International Committee Participation in voting Article 3 of the General Rules lays down quite strict rules. The principle is that the Delegate of a Member Country or Territory shall not take part in voting within the International Committee if his or her country is more than two years in arrears with its statutory contributions. Furthermore, loss of voting rights for the above reason may lead to the loss of the right to the session allowance for the Delegate referred to in Article 13 of the Organic Statutes. The position of the Administrative Commission and of the Credentials Committee in this respect is taken into account. The Committee may nevertheless reject the withdrawal of voting rights in the case of exceptional circumstances beyond the control of the Member Country or if the Delegation is able to guarantee the rapid payment of contribution arrears. The Committee then reaches its decision, following a proposal submitted, in the former case, by the Administrative Commission and, in the latter case, by the Credentials Committee. The allowance may be withheld in connection with the loss of voting rights due to non-payment of contribution arrears.
Rights & Responsibilities of Delegates during the General Sessions of the International Committee Session Allowance The principle of an allowance for travelling expenses coupled with a subsistence allowance for the sessions that the Delegates attend is laid down in Article 13 of the Organic Statutes. This session allowance is paid for under the operational section of the OIE budget, which is itself adopted each year by the International Committee. It is paid to Delegates of Countries wishing to avail themselves of this possibility. 2008: 740 EUR
Rights & Responsibilities of Delegates during the General Sessions of the International Committee Animal Health Information At each General Session of the International Committee, the national Delegate, or his or her alternate, presents a report on the health position and the methods of prophylaxis applied in his or her country (Article 50 of the General Rules).
Rights & Responsibilities of Delegates with respect to maintaining permanent relations with the OIE Animal Health Information The Delegate must notify the OIE of animal diseases present in the Member Country or Territory, in accordance with Chapter 1.1.2. of the Terrestrial Animal Health Code and Chapter 1.2.1. of the Aquatic Animal Health Code. Focal points The Delegate may, if necessary with the approval of his or her superiors, designate national focal points to provide him or her with support in the following fields: animal disease notification, wildlife diseases, aquatic animals diseases, veterinary medicinal products, animal production food safety, animal welfare.
Rights & Responsibilities of Delegates with respect to maintaining permanent relations with the OIE OIE Standards The Delegate must at all times ensure that the animal health legislation in his or her country is based on the reference standards of the OIE and, if necessary, on a scientific risk analysis, also carried out in accordance with the reference methods and standards of the OIE (Section 1.3. of the Terrestrial Animal Health Code, Section 1.4. of the Aquatic Animal Health Code), and in accordance with the WTO SPS Agreement for countries that are members of that organisation.
Rights & Responsibilities of Delegates with respect to maintaining permanent relations with the OIE OIE Standards (Continuation) In addition to the disease notification obligations, the Delegate ensures that, as far as possible, the resolutions of the International Committee are applied, if they fall within the scope of his or her national responsibilities. In all cases, he or she is responsible for bringing them to the attention of his or her Government and for helping to brief representatives of his or her country attending meetings of relevant intergovernmental organisations of which the country or territory is a member, should he or she not attend them in person. He or she must also ensure that the Veterinary Services of his or her country are kept updated on OIE standards and that animal disease diagnostic laboratories are aware of the existence of the OIE worldwide network of Reference Laboratories and Collaborating Centres, so that, where necessary scientific and technical cooperation in this field can be developed.
Rights & Responsibilities of Delegates with respect to payment of contributions The Delegate must guarantee the regular payment of the Member s compulsory contributions to OIE. He or she may respond the Central Bureau to: Call for Contributions for the next year (May) Then, if applicable: Recall for Contributions (October)
IMMUNITY PROVISIONS
IMMUNITIES Article 10 of the Headquarters Agreement granted to the OIE by France states that: unless prevented by reasons of public order, the Government of the French Republic undertakes to authorize, without charge for visas and without delay, the entry and stay in France during the period of their appointment or mission with the Office of Delegates of Member Countries to the Office, including their deputies, experts and observers at the General Sessions of the Office or Conferences and Meetings convened by the Office.
IMMUNITIES By virtue of Article 13 of the Headquarters Agreement, Delegates are entitled, during the period of their stay in France as required for their participation in the work of the OIE, to immunity in regard to any legal action concerning their deeds performed within the province of their duties and within the limits of their powers. This is extended by Article 35 of the General Rules, which requires the Director General of the OIE to ensure that the Government of the Host Country is prepared to accord to all the Delegates, rapporteurs, observers and members of the Secretariat of the Office taking part in the Conference, the necessary immunities whereby they can quite independently carry out the work which they are called upon to do at the Conference or Meeting
Thank you for your attention