RULES OF GRANTING OBSERVER STATUS
to international and domestic organizations
in the International Commission for the Protection
of the Oder against Pollution
(Article 13(1) of the Convention of the International Commission for the Protection of the Oder against Pollution; Article 8 Rules of Procedure of the Commission)
§ 1
Scope
The International Commission for the Protection of the Oder against Pollution (hereinafter referred to as ‘the Commission’) may grant observer status to international or domestic organizations, whose activity is related to the protection of the waters (hereinafter referred to as ‘the organization’), on the basis of a submitted application, or such status may be proposed by the Commission.
The following rules specify:
- conditions that need to be satisfied by the organizations in order to obtain observer status;
- required procedures for obtaining observer status; as well as
- the rights and obligations resulting from a grant of observer status.
Other forms of cooperation pursuant to Article 13(1) of the Convention on the International Commission for the Protection of the Oder (hereinafter referred to as ‘the Convention’) remain unchanged by the hereof rules.
§ 2
Terms and procedures of granting the observer status
to international and domestic organizations
1. Conditions for obtaining the observer status are as follows:
a. respecting goals and fundamental rules of the Convention;
b. conducting activities related to the water protection that is pursuant to the Convention. Moreover, members of the organization should be knowledgeable in the field in order to be able to participate in the Commission’s activity;
c. organizational structure that guarantees cooperation with the Commission;
d. having a mandate granted by the members or the decision-making board of the organization;
e. orientation of the activity has either a trans-border or trans-regional character.
2. Applications for obtaining the observer status shall be directed to the Commission Secretariat.
The applications should include:
a. specification of the organization and a description of the organization’s competences and experience relevant to the Commission’s activity, as well as a name of an authorized representative who shall take part in the Commission meetings;
b. justification of why, according to the organization, their input shall be beneficial to the Commission;
c. written confirmation stating that the organization shall meet commitments of obligations resulting form the Convention and the Rules of Procedures of the Commission.
3. When the application for obtaining the observer status is submitted the executive manager forwards it without delay to all of the delegations to take a stand. The executive manager forwards to all heads of delegation the stands taken by the particular delegations along with the decision proposals.
4. The aim of the Commission is to reach a decision on granting the observer status. The applying organization shall be informed about the decision in writing.
5. The decisions on granting observer status should be carefully considered so that various organizations that deal with the water protection are represented in a balanced way.
6. The secretariat keeps a list on file of the organizations that have been granted observer status.
§3
Participation in the Commission meetings and the activities
of the Commission
1.The organizations with a granted observer status may set forth to the Commission information or proposals that have a substantial meaning for the Convention. The organizations’ authorized representatives are allowed to participate in meetings held by the Commission without having the right to vote. The Commission may decide to hold a meeting on particular ponits of the agenda without the participation of the observer.
2. The invitations sent out by the secretariat shall inform the organizations about the points of the meeting agendas, which shall be discussed solely among the members of the delegation, provided it is known when the invitations are send.
3. The participation of the observers in working party meetings may be the result of:
a) an invitation of selected expert-representatives of the organizations with a granted observer status;
b) hearing of the organization’s position;
c) obtaining written opinions.
4. The organization’s participation is decided by the working party group. The Chairman of the Commission as well as the chairman of the delegation shall be informed by the secretariat about the decisions of the working party groups.
5. The organizations with a granted observer status shall receive materials prepared for the Commission meetings, protocols of the meetings, possibly excluding the documents or parts of the protocols pertaining to the points of the meeting agendas, which the delegations discuss solely among the members of the delegations. Points of the meeting agendas, which the delegations discuss solely among the delegation members, include issues pertaining to the budget, human resources as well as those points of the meeting agendas which are requested by at least one delegation to be discussed in a closed session.
6. The organizations are obliged to confidentiality with regards to the obtained information in connection with their participation in the meetings; passing information and data made available to the Commission by the Convention parties or other organizations that is reserved solely for the purposes of the Commission, or their use for purposes out of range of the Commission’s competences is especially impermissible.
7. Organizations with a granted observer status shall bear the costs related to their participation in conferences, consultations and meetings as well as the Commission’s activities.
§4
Revoking the observer status
The Commission may revoke observer status when the organization infringes the terms and obligations of the observer status grant.
§5
Entry into force
These conditions shall enter into force on 19 October 2002. Any alterations are possible in accordance with decision of the Commission after a hearing of the organization with observer status.
