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eGospodarka.plPrawoAkty prawneProjekty ustawRządowy projekt ustawy o ratyfikacji Porozumienia o Międzynarodowym Programie Energetycznym, sporządzonego w Paryżu dnia 18 listopada 1974 r., ze zmianami z dnia 30 listopada 2007 r.

Rządowy projekt ustawy o ratyfikacji Porozumienia o Międzynarodowym Programie Energetycznym, sporządzonego w Paryżu dnia 18 listopada 1974 r., ze zmianami z dnia 30 listopada 2007 r.

projekt dotyczy ratyfikacji Porozumienia, które tworzy podstawowe ramy prawne funkcjonowania mechanizmu wzajemnego wspierania się państw członkowskich w sytuacjach kryzysowych na rynku naftowym

  • Kadencja sejmu: 6
  • Nr druku: 429
  • Data wpłynięcia: 2008-04-17
  • Uchwalenie: Projekt uchwalony
  • tytuł: o ratyfikacji Porozumienia o Międzynarodowym Programie Energetycznym, sporządzonego w Paryżu dnia 18 listopada 1974 r., ze zmianami z dnia 30 listopada 2007 r.
  • data uchwalenia: 2008-05-30
  • adres publikacyjny: Dz.U. Nr 127, poz. 815

429

SECRETARIAT
Article 59
1.
The Secretariat shall be composed of an Executive Director and such staff as is necessary.
2.
The Executive Director shall be appointed by the Governing Board.
3.
In the performance of their duties under this Agreement the Executive Director and the
staff shall be responsible to and report to the organs of the Agency.
4.
The Governing Board, acting by majority, shall take all decisions necessary for the
establishment and the functioning of the Secretariat.



Article 60

The Secretariat shall carry out the functions assigned to it in this Agreement and any other
function assigned to it by the Governing Board.



VOTING
Article 61
1.
The Governing Board shall adopt decisions and recommendations for which no express
voting provision is made in this Agreement, as follows:
(a) by
majority:
- decisions on the management of the Program, including decisions applying
provisions of this Agreement which already impose specific obligations on
Participating Countries
- decisions on procedural questions
- recommendations

(b) by
unanimity:
- all other decisions, including in particular decisions which impose on Participating
Countries new obligations not already specified in this Agreement.

2.
Decisions mentioned in paragraph 1 (b) may provide:
(a) that they shall not be binding on one or more Participating Countries;
(b) that they shall be binding only under certain conditions.



26

Article 62
1.
Unanimity shall require all of the votes of the Participating Countries present and voting.
Countries abstaining shall be considered as not voting.
2.
When majority or special majority is required, the Participating Countries shall have the
following voting weights:

General
Oil Consumption
Combined
voting weights
voting weights
voting weights
Australia
3
1
4
Austria
3
1
4
Belgium
3
1
4
Canada
3
4
7
Czech Republic
3
1
4
Denmark
3
1
4
Finland
3
1
4
France
3
6
9
Germany
3
8
11
Greece
3
0
3
Hungary
3
1
4
Ireland
3
0
3
Italy
3
5
8
Japan
3
14
17
Korea (Republic of)
3
1
4
Luxembourg
3
0
3
The Netherlands
3
1
4
New Zealand
3
0
3
Portugal
3
0
3
Slovak Republic
3
0
3
Spain
3
2
5
Sweden
3
2
5
Switzerland
3
1
4
Turkey
3
1
4
United Kingdom
3
5
8
United States
3
43
46
Totals
78

100
178

3.
Majority shall require 60 per cent of the total combined voting weights and 50 per cent of
the general voting weights cast.

4.
Special majority shall require:

(a) 60 per cent of the total combined voting weights and 59 general voting weights for:
-
the decision under Article 2, paragraph 2, relating to the increase in the emergency
reserve commitment;
-
decisions under Article 19, paragraph 3, not to activate the emergency measures
referred to in Articles 13 and 14;
-
decisions under Article 20, paragraph 3, on the measures required for meeting the
necessities of the situation;
-
decisions under Article 23, paragraph 3, to maintain the emergency measures referred
to in Articles 13 and 14;
27

-
decisions under Article 24 to deactivate the emergency measures referred to in
Articles 13 and 14.

(b) 69 general voting weights for:
-
decisions under Article 19, paragraph 3, not to activate the emergency measures
referred to in Article 17;
-
decisions under Article 23, paragraph 3, to maintain the emergency measures referred
to in Article 17;
-
decisions under Article 24 to deactivate the emergency measures referred to in
Article 17.

5.
The Governing Board, acting by unanimity, shall decide on the necessary increase,
decrease, and redistribution of the voting weights referred to in paragraph 2, as well as on amendment
of the voting requirements set out in paragraphs 3 and 4 in the event that

- a Country accedes to this Agreement in accordance with Article 71, or
- a Country withdraws from this Agreement in accordance with Article 68, paragraph 2,
or Article 69, paragraph 2.

6.
The Governing Board shall review annually the number and distribution of voting weights
specified in paragraph 2, and, on the basis of such review, acting by unanimity, shall decide whether
such voting weights should be increased or decreased, or redistributed, or both, because a change in
any Participating Country's share in total oil consumption has occurred or for any other reason.

7.
Any change in paragraph 2, 3 or 4 shall be based on the concepts underlying those
paragraphs and paragraph 6.



RELATIONS WITH OTHER ENTITIES
Article 63
In order to achieve the objectives of the Program, the Agency may establish appropriate
relations with non-participating countries, international organisations, whether governmental or non-
governmental, other entities and individuals.



FINANCIAL ARRANGEMENTS
Article 64
1.
The expenses of the Secretariat and all other common expenses shall be shared among all
Participating Countries according to a scale of contributions elaborated according to the principles and
rules set out in the Annex to the “OECD Resolution of the Council on Determination of the Scale of
Contributions by Member Countries to the Budget of the Organisation” of 10th December, 1963. After
the first year of application of this Agreement, the Governing Board shall review this scale of
contributions and, acting by unanimity, shall decide upon any appropriate changes in accordance with
Article 73.
28


2. Special
expenses
incurred in connection with special activities carried out pursuant to
Article 65 shall be shared by the Participating Countries taking part in such special activities in such
proportions as shall be determined by unanimous agreement between them.

3.
The Executive Director shall, in accordance with the financial regulations adopted by the
Governing Board and not later than 1st October of each year, submit to the Governing Board a draft
budget including personnel requirements. The Governing Board, acting by majority, shall adopt the
budget.

4.
The Governing Board, acting by majority, shall take all other necessary decisions regarding
the financial administration of the Agency.

5.
The financial year shall begin on 1st January and end on 31st December of each year. At
the end of each financial year, revenues and expenditures shall be submitted to audit.



SPECIAL ACTIVITIES
Article 65
1.
Any two or more Participating Countries may decide to carry out within the scope of this
Agreement special activities, other than activities which are required to be carried out by all
Participating Countries under Chapters I to V. Participating Countries which do not wish to take part
in such special activities shall abstain from taking part in such decisions and shall not be bound by
them. Participating Countries carrying out such activities shall keep the Governing Board informed
thereof.

2.
For the implementation of such special activities, the Participating Countries concerned
may agree upon voting procedures other than those provided for in Articles 61 and 62.



IMPLEMENTATION OF THE AGREEMENT
Article 66
Each Participating Country shall take the necessary measures, including any necessary
legislative measures, to implement this Agreement and decisions taken by the Governing Board.
29

CHAPTER X
FINAL PROVISIONS
Article 67
1.
Each Signatory State shall, not later than 1st May, 1975, notify the Government of
Belgium that, having complied with its constitutional procedures, it consents to be bound by this
Agreement.

2.
On the tenth day following the day on which at least six States holding at least 60 per cent
of the combined voting weights mentioned in Article 62 have deposited a notification of consent to be
bound or an instrument of accession, this Agreement shall enter into force for such States.

3.
For each Signatory State which deposits its notification thereafter, this Agreement shall
enter into force on the tenth day following the day of deposit.

4.
The Governing Board, acting by majority, may upon request from any Signatory State
decide to extend, with respect to that State, the time limit for notification beyond 1st May, 1975.



Article 68
1.
Notwithstanding the provisions of Article 67, this Agreement shall be applied
provisionally by all Signatory States, to the extent possible not inconsistent with their legislation, as
from 18th November, 1974 following the first meeting of the Governing Board.

2.
Provisional application of the Agreement shall continue until:
-
the Agreement enters into force for the State concerned in accordance with Article
67, or
-
60 days after the Government of Belgium receives notification that the State
concerned will not consent to be bound by the Agreement, or
-
the time limit for notification of consent by the State concerned referred to in Article
67 expires.



Article 69
1.
This Agreement shall remain in force for a period of ten years from the date of its entry
into force and shall continue in force thereafter unless and until the Governing Board, acting by
majority, decides on its termination.

2.
Any Participating Country may terminate the application of this Agreement for its part
upon twelve months' written notice to the Government of Belgium to that effect, given not less than
three years after the first day of the provisional application of this Agreement.

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