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Rights and obligations of OIE Delegates

Regional Information Seminar for Recently Appointed OIE Delegates 18 – 20 February 2014, Brussels, Belgium. Rights and obligations of OIE Delegates. Dr Mara Gonzalez OIE Regional Activities Department. Plan: Statutory Aspects Rights and Responsibilities

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Rights and obligations of OIE Delegates

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  1. Regional Information Seminar for Recently Appointed OIE Delegates 18 – 20 February 2014, Brussels, Belgium Rights and obligations of OIE Delegates Dr Mara Gonzalez OIE Regional Activities Department

  2. Plan: Statutory Aspects Rights and Responsibilities During the General Sessions of the World Assembly of Delegates With respect to maintaining permanent relations with the OIE With respect to payment of Contributions During the Conferences of the Regional Commission With the Regional Representation Immunities

  3. STATUTORY ASPECTS

  4. STATUTORY ASPECTSThe National Delegate • Article 2 of the International Agreement of 25 January 1924 “the Office is subject to the authority and control of an Assembly composed of Delegates of the contracting Governments” • Article 6 of the Organic Statutes “the World Assembly of Delegates 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 World Assembly of Delegates meets at least once a year in ordinary sessionand, notably, elects its President, and the Director General of OIE”

  5. STATUTORY ASPECTSDelegate’srole • The permanent technical Delegate represents each Member at the meetings of the Assembly, with the possibility of leading a delegation. • Article 4 – of the Organic Rules “The Assembly shall be composed of technical representatives appointed by the OIE Members. Each Member shall be represented on the Assembly by one permanent technical Delegate. The Delegate may be the head of a Delegation. • Article 5 - Organic Rules “The permanent technical Delegate “shall have one vote in each ballot”: One country – One vote

  6. STATUTORY ASPECTSDelegate’s appointment • Members appoint permanent Delegates by informing the OIE, by means of a notification sent by their Government (competent Ministry or Ministry in charge of Foreign Affairs) to the Director General of the OIE. • 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.

  7. STATUTORY ASPECTSLoss 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, Council, Regional Commissions.  • However, in the case of the Specialist Commissions, the loss of the status of Delegate does not result in the loss of any office to which the Delegate has been elected.

  8. STATUTORY ASPECTSOrganic position of Delegates • The Delegate is appointed by the Member Country and represents it on the World Assembly of Delegates. • The Delegate is a permanent Delegate who enjoys permanent and full rights to represent the State on the World Assembly of Delegates 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 Delegationof the Member Country on the World Assembly of Delegates.

  9. STATUTORY ASPECTSOrganic position of Delegates (cont.) • Delegates exercise the right to vote of the Member Country. 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 World Assembly of Delegates – and who may, in their national hierarchy, be in a position of authority over the Delegate of their Country – do not have the status of Delegate to the World Assembly of Delegates, and cannot vote on the Assembly, other than by express decision of the government of the Country (accreditation).

  10. RIGHTS AND RESPONSABILITIES

  11. RIGHTS & RESPONSIBILITIES OF DELEGATES during General Sessions of the World Assembly of Delegates Invitation of Delegates • Every year, the Director General of the OIE sends the Delegates of Member Countries an invitation to the next General Session of the World Assembly of Delegates, with the provisional agenda and a detailed timetable for the General Session. • In response, the Delegate informs on its country participation and on the list of members of his/her Delegation.

  12. RIGHTS & RESPONSIBILITIES OF DELEGATES during General Sessions of the World Assembly of Delegates 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. Participation in the sessions • Each Delegation shall be placed in alphabetical order, according to the name in the French language of its Country, in the Conference Hall.

  13. RIGHTS & RESPONSIBILITIES OF DELEGATES during General Sessions of the World Assembly of Delegates Participation in voting • The principle is that the Delegate of a Member Country shall not take part in voting within the World Assembly of Delegates 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 Council and of the Credentials Committee in this respect is taken into account.

  14. RIGHTS & RESPONSIBILITIES OF DELEGATES during General Sessions of the World Assembly of Delegates Participation in voting (Continuation) • The Assembly 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 Assembly then reaches its decision, following a proposal submitted, in the former case, by the Council and, in the latter case, by the Credentials Assembly. The allowance may be withheld in connection with the loss of voting rights due to non-payment of contribution arrears.

  15. RIGHTS & RESPONSIBILITIES OF DELEGATES during General Sessions of the World Assembly of Delegates 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 World Assembly of Delegates. It is paid to Delegates of Countries wishing to avail themselves of this possibility. • 2014: 800 EUR

  16. RIGHTS & RESPONSIBILITIES OF DELEGATES during General Sessions of the World Assembly of Delegates Animal Health Information • At each General Session of the World Assembly of Delegates, 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. • The Delegate must notify the OIE of animal diseases present in the Member Country, in accordance with Chapter 1.1.2. of the Terrestrial Animal Health Code and Chapter 1.2.1. of the Aquatic Animal Health Code.

  17. RIGHTS & RESPONSIBILITIES OF DELEGATESwith respect to maintaining permanent relations with the OIE (1/5) 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 to the OIE • wildlife • aquatic animals • veterinary products • animal production food safety • animal welfare • veterinary laboratories • Communication

  18. RIGHTS & RESPONSIBILITIES OF DELEGATESwith respect to maintaining permanent relations with the OIE (2/5) 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 (Chapter 1.3. of the Terrestrial Animal Health Code, Chapter 1.4. of the Aquatic Animal Health Code), and in accordance with the WTO SPS Agreement for countries that are members of that organisation.

  19. RIGHTS & RESPONSIBILITIES OF DELEGATESwith respect to maintaining permanent relations with the OIE (3/5) OIE Standards (contd) • The Delegate ensures that, as far as possible, the resolutions of the World Assembly of Delegates are applied, if they fall within the scope of his or her national responsibilities. • In all cases, the Delegate is responsible for bringing resolutions 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 is a member, should he or she not attend them in person.

  20. RIGHTS & RESPONSIBILITIES OF DELEGATESwith respect to maintaining permanent relations with the OIE (4/5) OIE Standards (contd) • 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.

  21. RIGHTS & RESPONSIBILITIES OF DELEGATESwith respect to maintaining permanent relations with the OIE (5/5) Critically important • OIE Delegates should realise and accept their responsibility to participate actively in the debate and setting of international standards • Once a standard is adopted the Delegate is obligated to support the adopted standard • Focal points have an important role in the standard setting procedure, through the preparation of comments for the Delegate for new or revised OIE standards

  22. RIGHTS & RESPONSIBILITIES OF DELEGATES with respect to payment of contributions

  23. 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 Headquarters to: • Call for Contributions for the next year (May) • Then, if applicable: • Recall for Contributions (October)

  24. RIGHTS & RESPONSIBILITIES OF DELEGATES during the Conferences of the Regional Commissions (1/2) Invitation • Every two years, the Director General of the OIE invites the Delegates to participate in the Conference of the Regional Commission. Their participation isrelated to the geographical location of a Member Country in the corresponding region and/or a vote of the Regional Commission to accept the participation of a neighbouring Member Country.

  25. RIGHTS & RESPONSIBILITIES OF DELEGATES during the Conferences of the Regional Commissions (2/2) Recommendations • At the end of the Conference, the Delegates adopt recommendations, which are then submitted to the World Assembly of Delegates for approval at the following General Session. Allowances • Travel expenses and daily subsistence allowance of the members of the Bureau of the Regional Commission are defrayed by the OIE.

  26. RIGHTS & RESPONSIBILITIES OF DELEGATES with the Regional Representations • Delegates must work closely with the OIE Regional Representatives, notably with regard to the organisation of seminars and colloquia in their Region.

  27. IMMUNITY PROVISIONS

  28. RIGHTS & RESPONSIBILITIES OF DELEGATES Immunities Headquarters Agreement granted to the OIE by France • Article 10: “unless prevented by reasons of public order, the Government of the French Republic undertakes to authorize, without charge for visasand 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”. • Article 13: “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”.

  29. Thankyouforyour attention!

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