DRAFTING DOCUMENT
CORRECTIONS MADE DURING THE 6th SESSION on 22, 23 AND 24 MARCH 2004
INTERNATIONAL ORGANISATION OF VINE AND WINE
DRAFT INTERNAL RULED OF PROCEDURE
Version 7
The objective of the present internal rules of procedure is to set out, as necessary, the terms and conditions for implementation of the Agreement of 3 April 2002 establishing the "International Organisation of Vine and Wine" designated by the acronym O.I.V. In compliance with Article 10 of the above mentioned Agreement, the Internal Rules of Procedure shall determine notably the duties and operating rules of the bodies of the Organisation and the provisions for its administrative and financial management.
Generally speaking, these rules define the practical terms by which the O.I.V pursues its objectives and exercises its activities defined in Article 2 of the mentioned Agreement as an intergovernmental organisation of a scientific and technical nature of recognised competence for its work concerning vines, wine, wine-based beverages, grapes, raisins and other vine products.
The present Internal Rules of Procedure are divided into 4 parts, each one separated into chapters and articles:
- Title I: General provisions ;
- Title II: Financial regulations;
- Title III: Status of personnel;
- Title IV: Particular status of the Director general.
Preamble *
Title I
*General Provisions
*Chapter 1
*Nature of the Organisation, membership conditions, withdrawal conditions:
*Article 1
*Composition:
*Article 2
*Members:
*Article 3
*Observers:
*Article 4
*International intergovernmental organisations granted
particular status *Article 5
*Guests
*Chapter 2
*The Organs of the Organisation and their general rules of procedure:
*Article 5
*The General Assembly
*Article 7
*The Executive Committee:
*Article 8
*The Scientific and Technical Committee:
*Article 9
*The Steering Committee :
*Article 10
*The Commissions and the Sub-commissions
*Article 11
*The Experts Groups
*Article 12
*The Award Jury:
*Article 13
*The general rules for the conduct of business
*Chapter 3
*The main mandated officials of the Organisation:
*Article 14
*The President of the Organisation:
*Article 15
*The first Vice-president:
*Article 16
*The second Vice-president:
*Article 17
*The Director General of the Organisation
*Chapter 4
*The triennial strategic plan and its annual applications:
*Article 18
*The triennial strategic plan:
*Article 19
*Annual implementation of the triennial strategic plan:
*Chapter 5
*Procedure for examination of Resolutions:
*Article 20
*Step- by-Step procedure:
*Article 21
*The accelerated procedure:
*Chapter 6
*Miscellaneous clauses:
*Article 22
*World Congress of Vine and Wine:
*Article 23
*Colloquium, Symposium, International seminars of the Organisation:
*Article 24
*Sponsorship of the Organisation:
*Article 25
*Official languages:
*Article 26
*Relations with other international Organisations
*Article 28
*Revision of the Agreement of 3 April 2001:
*Article 27
*The conditions for the entry into force of the Internal Rules of Procedure:
*Article 28
*The modifications or adaptations of the Internal Rules of Procedure :
*Annex 1
*Agreement of the 20th of January 1965 between the Government of the French Republic and the International Office of Vine and Wine related to the International Office of Vine and Wine headquarters, privileges and immunities on the French territory (Decree n° 66-680 of 15th of September 1996)
*Annex 2
*Definitions of terms
*
References to the articles of the Agreement of 3rd April 2001 are indicated in the margin between square brackets as follows: [Ag. Article ]
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Nature of the Organisation, membership conditions, withdrawal conditions: |
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The International Organisation of Vine and Wine is an intergovernmental organisation comprising : |
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[Ag. Article 3.2, 3.5 and 8] |
a) members, b) observers, c) international intergovernmental organisations with a particular status as defined in Article 4 hereafter. |
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2.1 Members of the O.I.V. include: |
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[Ag. Article 16] |
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[Ag. Article 14] |
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2.2 Members of the O.I.V may be: |
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[Ag. Article 14] |
a) All other sovereign states |
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[Ag. Article 8]
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[Alternate proposal of the deletion of the precedent indent] |
b) International intergovernmental organisations which fulfil the following conditions: - be made up of sovereign States; - to have available the transferred jurisdiction by its member States for an array of matters relating to the O.I.V. including the right to make decisions which commit its member States; The member States of the international intergovernmental organisation are deemed to maintain their jurisdiction on all matters for which a transfer of jurisdiction have not specifically been notified to the Director General one month before the decision-making organ meetings at the very latest. [When this Organisation exerts its voting rights, the member States shall not exert their own rights and vice versa. The number of total votes used in a vote remains the same, in all cases.] A protocol is signed between the O.I.V. and each affected Organisation following the agreement of the General Assembly on the proposal of the Executive Committee. This protocol defines, in each particular case, the specific membership conditions, namely the amount of its annual financial contribution [and the modalities of articulation of its voting rights]. |
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2.3 As the depository of the Agreement of 3 April 2001, the Ministry of Foreign Affairs of the French Republic is the guarantor of the necessary authority or the delegation of authority available to the signatory/ies of the instruments of acceptance, approval, ratification or accession at the time of their deposit. |
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2.4 All O.I.V members may participate in the work of the General Assembly, Executive Committee, the commissions, sub-commissions, and experts groups in deference to adequate decision-making procedures. |
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[Ag. Article 4, 5 and Annexes 1 and 2] |
2.5 All members shall pay a financial contribution determined each year by the General Assembly. |
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[Ag. Article 7.1] |
2.6 In the case of non-payment of two contributions by a member, its participation in work sessions of the next Executive Committee and General Assembly after such failure has been ascertained is limited only to attendance The Executive Committee shall determine, on a case-by-case basis, the conditions under which the member concerned may proceed to regularise its situation or, failing that, be deemed to have denounced the aforementioned Agreement. |
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[Ag. Article 7.2] |
2.7 In the case of non-payment of three successive financial contributions, the Director General of the OIV shall notify the members) concerned . If the situation is not regularised during the two years following the thirty-first of December of the third year, the member(s) concerned shall be automatically excluded from the organisation. |
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[Ag. Article 18] |
2.8 All members may withdraw from the Organisation at any time, using six months written advance notice addressed to the Director General of the O.I.V and the Ministry of Foreign Affairs of the French Republic. The member is indebted for its contribution, calculated pro rata temporis, to the actual date of its withdrawal. |
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3.1 - Observers include: |
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[Ag. Article 16.3] |
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[Ag. Article 16.3] |
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3.2 Observers may be: |
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[Ag. Article 3.5] |
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b) A territory or a group of territories belonging to a non- OIV member state not responsible for their international relations, after prior agreement of the concerned State. |
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c) An international non-governmental organisation with an interest in vines, wine, table grapes, raisins and other vine-based products or with an interest in related subjects, following the advice of the Scientific and Technical Committee. |
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3.3 - All requests for "Observer status" shall be presented by the Director General to the Executive Committee for approval |
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3.4 Those granted "Observer status" may attend the work of the General Assembly, and may intervene in the work sessions of the commissions, sub-commissions, and experts groups. |
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[Ag. Article 7.2] |
3.5 Those granted "Observer status" shall pay an annual financial contribution equal to the member states "basic vote". In the case that three successive annual contributions have not been paid, the Director General shall notify those granted "Observer Status".. If the situation is not regularised during the two years following the thirty-first of December of the third year of non-payment, those concerned, granted "Observer Status" shall be automatically excluded from the Organisation. |
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3.6 All those granted "Observer status" may decide to withdraw from the organisation with six months advance written notice addressed to the Director General of the O.I.V. It is indebted for its contribution, calculated pro rata temporis, at the effective l date of its withdrawal. |
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particular status | ||
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[Ag. Article 8] |
An international intergovernmental organisation that does not fulfil all the conditions defined in article 2.2 paragraph (b) may request to be granted a particular status allowing it to: |
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A particular Arrangement is concluded between the O.I.V and the organisation concerned, after the agreement of the General Assembly, upon a proposal of the Executive Committee. It defines, in each particular case, the specific conditions of collaboration, including the amount of its annual financial contribution. In the case that three successive annual contributions have not been paid, the Director General shall notify the international, intergovernmental organisation concerned in this situation. If the situation is not regularised during the two years following the thirty-first of December of the third year of non-payment, the international, intergovernmental organisation concerned shall be automatically excluded from the Organisation. |
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5.1 - A non-member State of the OIV not benefiting from "Observer status", may be invited by the Director General, in agreement with the President of the O.I.V, to attend the General Assembly and the commissions. |
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5.2 - Without prejudice to already concluded Agreements, international intergovernmental Organisations may be invited by the Director General, in agreement with the President of the O.I.V, to intervene in the works of General Assembly or the Executive Committee in addition to the works of, the commissions, sub-commissions and experts groups in agreement with the concerned presidents. |
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5.3 Invitations of a repetitive nature must be subject to the prior agreement of the Executive Committee. |
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The Organs of the Organisation and their general rules of procedure: |
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[Ag. Article 5] |
6.1 The General Assembly has notably the following powers: |
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[Ag. Chapter 1, Articles 1 and 2] |
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[Ag. Article 4 and Annexes 1 and 2] |
6.2 a) The General Assembly shall be made up of delegates designated by each of the members. Each member shall freely set the number of its delegates. b) A member however, has a number of "basic votes" equal to two to which are added when necessary a number of "additional votes".
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6.3 Those granted "Observer status" and each international intergovernmental organisation granted a particular status shall provide the Director General with the composition of its representatives at least one month before each General Assembly |
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6.4 Once informed, the Director General shall communicate the list of those granted "Observer status", international intergovernmental organisation granted a particular status and guests who will attend the General Assembly to the heads of delegation. |
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6.5 The General Assembly shall meet in ordinary session once a year. Extraordinary sessions may be summoned upon the decision of the Executive Committee or upon the request of one third of the members. The ordinary session or, when necessary, extraordinary session which proceeds to the election of the President of the " International Organisation of Vine and Wine ", of Presidents of Commissions and Sub-Commissions shall be held at the headquarters of the Organisation or elsewhere. These sessions are public in nature except on a contrary decision of the General Assembly. |
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6.6 The Director General of the Organisation shall be the Secretary of the General Assembly. |
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[Ag. Article 5.2] |
6.7 The physical presence of Heads of Delegation representing at least one-third of the members and at least half the weighted votes must be present for sessions to be quorate. A member may be represented by the Head of the delegation of another member, upon written proxy, but he/she may not represent more than one member besides his/her own. In the case where a quorum is not achieved, a new General Assembly is called for within a maximum period of three months. |
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6.8 Only the Heads of delegation, or in their absence their alternates, may intervene during the General Assembly. However, a member of a delegation can express his or her opinions at the request of his/her Head of the delegation. |
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6.9 Six weeks before the General Assembly, the Director General, after the approval of the President, shall send the draft agenda to each member of the Organisation, with copies to the Executive Committee members. Information documents and other clarificatory material shall be distributed to Heads of delegation as far as possible one month before the General Assembly at the latest. |
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[Ag. Article 5.3.a, b and c ; 5.4 a ; 5.5] |
6.10 The decision-making process of the General Assembly are set out in Article 5 of the Agreement. Financial decisions other than the budget and financial contributions, shall be taken by a weighted qualified majority, two-thirds plus one, of the weighted votes of members present or represented, except for the vote concerning discharge. |
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6.11 - The Director General notifies each member of the resolutions adopted by the General Assembly and sends them for information purposes to those granted "Observer status" and to international intergovernmental organisations granted a particular status at the latest one month following the General Assembly. |
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6.12 A proceedings report of each General Assembly is subject to approval by the following General Assembly. |
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Article 7 |
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7.1 In the interim between General Assembly sessions, the Executive Committee, the executive organ of the General Assembly, shall act on its behalf. The Executive Committee has notably as its delegated powers: |
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[Ag. Article 3.2] |
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7.2 The Executive Committee is comprised as follows: |
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7.3 - Only delegates, or in their absence their alternates, referred to in Article 6.2. d) mentioned above are entitled to vote. |
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7.4 Each members competent authorities shall make known to the Director General the name of its delegate and his/her alternate. They shall remain in office for as long as their competent authorities do not replace them. |
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7.5 The Executive Committee meets, in principle, two times a year. It meets at the initiative of the Director General, with the agreement of the President or, at the request of the Steering Committee or, one quarter of its members. |
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7.6 The Director General, or his/her deputy on an exceptional basis, is the secretary of the Executive Committee. |
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[Ag. Article 5.2] |
7.7 Delegates representing at least one-third of the members and at least half the weighted votes must be effectively present for Executive Committee sessions to be quorate. The representation including voting rights of a member may be conferred in writing to the delegate of another member, but a delegate may not represent more than one member besides his/her own. |
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7.8 The Director General sends the draft agenda to each member delegate of the Executive Committee, following the Presidents acceptance, six weeks before every meeting. Information documents and other background information shall be sent to the delegate members of the Executive Committee as far as possible one month before each meeting. |
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[Ag. Article 5.3. a, b, et c] |
7.9 The decision-making processes for the Executive Committee are defined in Article 5 of the Agreement. |
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[Ag. Article 5.3. b] |
7.10 Financial decisions other than the budget and financial contributions require the opinion of the Executive Committee formulated by a weighted qualified majority vote, that being two thirds plus one of the weighted votes of members present or represented, except for the vote concerning discharge. |
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7.11 The decision concerning the discharge to the Director General for his management at the end of each financial year requires the opinion of the Executive Committee, formulated by consensus or if consensus is not reached by a weighted qualified majority vote, that being two thirds plus one of the weighted votes of members present or represented, providing that half plus one of the members present or represented have declared themselves in agreement. |
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7.12 When nomination by consensus is not possible, the first Awards Jury Vice-President shall be elected by a weighted qualified majority, that being two thirds plus one of the weighted votes of members present or represented, provided that half plus one the members present or represented have declared themselves in favour of the candidate having obtained this result. If these conditions are not fulfilled, the Executive Committee shall meet within a period not exceeding three months. |
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7.13 At the request of one of the members of the Executive Committee, the votes are carried out by secret ballots. |
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7.14 The Director General shall send a summary of decisions to each member delegate of the Executive Committee within three months after the meeting. It is subject to the approval of the member delegates during the following meeting. |
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7.15 a) The Executive Committee sessions are private in nature. b) They are reserved exclusively to delegates and/or their respective alternates. c) On an exceptional basis, and according to the agenda, a member of the Executive Committee can be accompanied by an expert or a specialist of his or her choosing. d) According to the agenda, the Director General with the President's agreement, can invite one or several people for an ad-hoc communication. |
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7.16 The Executive Committee can decide, where relevant , upon the initiative of its President, to make a decision, adopt a proposal or a position by resorting to the written procedure. A text, defining its conditions of adoption in particular, is addressed by the Director General to all the members of the Executive Committee. The absence of a response or formal opposition within the required deadline is regarded as consensus. |
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[Ag. Article 3.3.] |
8.1 The Scientific and Technical Committee is notably charged: |
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8.2 The Scientific and Technical Committee is comprised as follows: |
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8.3 The members of the Scientific and Technical Committee remain in office during their main term of office, except the qualified personalities . |
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8.4 The Scientific and Technical Committee meets, in principle, twice a year. Meetings are convened by the Director General, in agreement with the President, or at the request of one quarter of its members. |
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8.5 The Director General or, on exceptionally his/her deputy, is the secretary of the Scientific and Technical Committee. |
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8.6 The effective presence of at least one-third of the members is required for the Scientific and Technical Committee to be quorate. The representation of a member can be conferred on another member, but a member can only speak on the delegated behalf of a maximum of two members in addition to him/herself . |
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8.7 The Director General, following the Presidents agreement, one month before each meeting, shall send the agenda to each member of the Scientific and Technical Committee. Information documents and other elements of the Scientific and Technical Committee shall be sent at the latest, one week before each meeting. |
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8.8 Consensus shall be the normal method for the Scientific and Technical Committee to carry out its duties. Should the Scientific and Technical Committee be unable to reach a consensus, except for the adoption of the draft strategic plan and the designation of its Vice-President, the President, and the second Vice-President of the Awards Jury, the President of the Scientific and Technical Committee shall take all initiatives to consult the members in order to bring points of view together during the period preceding the following Scientific and Technical Committee. When all steps to reach a consensus have failed, the President refers the matter to the Executive Committee. |
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8.9 When the draft strategic plan cannot be adopted by consensus, or the President, or the second Vice-President of the Awards Jury cannot de designated by consensus, the Committee proceeds to a simple majority vote, that being half plus one of the members present or represented, and if one of the members requests it, by secret ballot. The qualified personalities designated by the President shall not take part in the vote. |
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8.10 The Director General forwards a summary of decisions to each member of the Scientific and Technical Committee within three months following the meeting. It is presented for the approval of the members of the Scientific and Technical Committee during its following meeting. |
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8.11 The Scientific and Technical Committee sessions are private in nature and are consequently reserved exclusively for its members. On an exceptional basis, depending on the agenda, the Director General with the President's agreement may invite one or more people to intervene. |
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8.1 The O.I.V Steering Committee is under the authority of the Executive Committee and constitutes an efficient link between the Executive Committee and the Director General. It is, especially, the guarantor for the Executive Committee of the conformity of management decisions with regard to general trends defined by the General Assembly, in compliance with the duties of the O.I.V and with the strategic plan approved by it . |
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8.2 - To this end, the Steering Committee has responsibility to: |
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9.3 The Steering Committee of the O.I.V comprises the President of the Organisation, the two Vice-Presidents, (and) the Presidents of the Commissions and Sub-commissions. |
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9.4 The President of the Organisation is the President of the Steering Committee. He/she can delegate this position to one of the members, notably to facilitate relations with the Headquarters of the Organisation. |
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9.5 The O.I.V Steering Committee meets at least twice a year. |
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9.6 More than half the members must be effectively present for the O.I.V Steering Committee to be quorate. Upon the initiative of its President, it can where relevant take decisions, adopt a proposal or position using the written procedure. |
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9.7 Consensus shall be the normal method whereby the Steering Committee carries out its duties. Should the Steering Committee be unable to reach a consensus, the President shall refer this to the Executive Committee. |
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9.8 - The Director General or, on an exceptional basis, his deputy, is the secretary of the Steering Committee. |
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Article 10 |
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10.1 The Commissions and Sub-commissions study all questions and subjects within their field of respective competencies, as defined by the General Assembly. |
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10.2 Subject to subsequent decisions of the General Assembly, the competencies of the Commissions and Sub-Commissions at the date of entry into force of the present Internal Rules are divided as follows: - Commission n° 1: "Viticulture»; - Commission n° 2: "Oenology»; - Commission n° 3: "Law and Vitiviniculture Economy". - Sub-Commission I "Convention for the unification of methods of analysis and appraisal of wines" attached to Commission n° 2 - Sub-Commission II: "Wine, Nutrition and Health » attached to Commission n° 2 and, when necessary, with Commission n° 3. |
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10.3 Commission n° 1 "Viticulture" is more specifically charged with dealing with all matters relating to the production of wine grapes, table grapes, raisins and other vine products, their gathering, transportation, storing and distribution conditions. |
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10.4 Commission n° 2 "Oenology" is more specifically charged with dealing with all matters relating to the composition and the making of beverages as defined in the Agreement of 3 April 2001, notably of wines, their storage conditions, transportation and release for consumption. |
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10.5 Commission n° 3 "Law and Vitiviniculture Economy" is more specifically charged with dealing with all legal matters , regulations, economic and socio-economic matters related to the products as defined in the Agreement of 3 April 2001. |
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10.6 - Sub-Commission I " for the unification of methods of analysis and appraisal of wines" 1 shall have the following objectives: |
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a) To unify the methods of analysis and appraisal of wines" with the view to:, Facilitating the interpretation of results of wine analysis in international trade, Enabling closer control of wine quality, Contributing to the development of scientific research in this field; b) To institue permanent international co-operation in the study of these methods to enable periodic changes. of the anet. |
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2- The Sub-Commission I activities shall be: |
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10.7 Sub-Commission II "Wine, Nutrition and Health" is more specifically charged with dealing with the relation between wine and other vine products in regard to the health of consumers and operators. It is notably charged with promoting and guiding research into appropriate specifically unique nutritional and health aspects, ensuring specialised scientific monitoring making it possible to evaluate the specific characteristics of vine products, and disseminating information resulting from such research to the medical and healthcare profession, to governments, producers, consumers and others players in the viniviticulture sector. |
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10.8 The Commissions and Sub-Commissions, each one as it is concerned, shall have the following tasks : |
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10.9 - Each Commission shall also have the duty of formatting of the definitive draft resolutions within its field of competence. |
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10.10 Each Commission and Sub-Commission shall be comprised of: |
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[Ag. Article 5.4.a]
3 alternate possibilities |
The conduct for electing each commission and sub-commission presidents is selected by random prior to the election. In the event of there being more than two candidates, subject to the candidates voluntary withdrawal or their impossibility to maintain their candidacy in accordance with the principle of different nationalities as outlined in Article 3.2 of the Agreement, [the candidate having collected the leastvotes cast as a number of the members present or represented] [the candidate having collected the least votes cast as a number of the weighted votes] [the candidate having collected the lowest scores including the percentage of weighted votes and the percentage of votes registered for members compared to the total number of members who voted.] is eliminated.
Should the conditions as defined in the first paragraph not be met at the end of the votes process, an extraordinary session of the General Assembly shall be convened within a period not exceeding three months. The existing President(s) of Commissions and Sub-Commissions and Director General shall remain in office and retain their duties during this period; The General Assembly can at any time remove a President of a Commission or Sub-Commission under the condition of the combined majorities which governed his/her election. |
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10.11 The list of the members of the Commissions and Sub-Commissions, updated by the Director General, is placed at the disposal of the President of each Commission or Sub-Commission at the opening of their sessions of work. |
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10.12 The Presidents shall have a three-year office term. It is non-renewable. The outgoing Presidents have the right to occupy the position of Vice-Presidents of the Sub-commission from which they came for the same non-renewable three-year period subject to the maintenance of scientific delegate or expert status. |
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10.13 - The Commission Presidents must be of different nationalities and of a different nationality to that of the President and the first Vice-President of the Organisation. In each Commission and Sub-Commission, delegates of different nationalities must fill the positions of President and Vice-President. |
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10.14 The Presidents, Vice-Presidents and scientific Secretaries shall assume their duties following their election or their designation. |
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10.15 The Commissions and Sub-Commissions shall meet at least once a year. |
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10.16 The Commissions and Sub-Commissions can be quorate once one-third plus one of the members of the Organisation having nominated a delegate, and/or an expert, are represented. The representation of a member of a Commission or of a Sub-Commission can be conferred on another member of it, but a member can only speak on the delegated behalf of a maximum of two members in addition to him/herself. |
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10.17 The agenda shall be sent to each Commission and Sub-Commission member by the Director General, after the approval of the concerned Commission and Sub-Commission President, one month before every meeting. |
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10.18 A report or where relevant a summary of conclusions drafted by the Scientific Secretary is sent, after the approval of the President, to each Commission and Sub-Commission member, three months after each meeting at the very latest. |
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10.19 Consensus shall be the normal method whereby the Commissions and the Sub-Commissions carry out their duties. Where they do not reach a consensus, the concerned Commission or Sub-Commission President shall refer the matter to the Scientific and Technical Committee. |
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Article 11 |
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11.1 The Experts Groups are charged with studying specific scientific and technical questions within a set time period at the request of the General Assembly, Executive Committee, Scientific and Technical Committee, Commissions and Sub-Commissions entering into the framework of the strategic plan approved by the General Assembly. They propose the components of the strategic plan that concern them and report their work to the Scientific and Technical Committee, as well as to the Commission or the Sub-Commission to which they are attached. |
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11.2 The Experts Groups are created or suppressed by the Executive Committee, after the opinion of the concerned commission and/or sub-commission, and taking into account the proposal of the Scientific and Technical Committee, which in the case of creating one defines its field of competence in order to avoid all duplication of work by ensuring the complementarity and the coherence of the whole, as well as the length of its term of office. |
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11.3 The Director General regularly informs The Executive Committee of the decisions expressed by the members of the Organisation, to participate in the Experts Groups. |
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11.4 Each Expert Group comprises : |
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11.5 The list of members of the Experts Groups, put together by the Director General, is placed at the disposal of the President of the Experts Group at the opening of each session. |
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11.6 In each Experts Group, the positions of President and Vice-President must be filled by delegates or experts of different nationalities. |
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11.7 The Presidents, Vice-Presidents, and Scientific Secretaries and, where necessary, the special secretaries assume their duties upon their election or designation. |
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11.8 The Experts Groups shall meet at least once a year. |
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11.9 The provisional agenda is sent by the Director General to each member of an Experts Group, after the agreement of the concerned Experts Groups President, one month before each meeting. |
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11.10 A report of the work of each of the Experts Groups is drafted by the Scientific Secretary of the Sub-Commission to which each of these is attached, or where relevant by its special secretary, and is sent, after the agreement of the concerned Experts Groups President, to its members three months after each meeting at the very latest. |
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11.11 The Experts Groups report their works to the Commission to which they are attached and to the Scientific and Technical Committee after each of their meetings. |
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11.12 Consensus expressed by the scientific delegate or by the expert designated by the members of the O.I.V shall be the normal decision-making method whereby each Experts Group carries out their duties. The experts groups can validly decide from the time when one thirds plus one of the members having designated a scientific delegate and/or, where relevant one expert(s), may be represented. The representation of a scientific delegate or an experts can be entrusted to another delegate or experts, but he or she may not represent more than two members in addition to his/ her own. Should the Experts Groups not be able to reach a consensus, the President of the concerned Experts Group refers the matter to the President of the Commission or the Sub-Commission on which he/she is dependent. He/she can, if he/she judges it opportune, refer it to the Scientific and Technical Committee. |
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11.13 Draft resolutions, standards, or recommendations prepared by an Experts Group are dealt with in accordance with the procedure defined in the present Title I "General provisions ". |
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Article 12 |
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12.1 The Award Jury has as its duty to issue:
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12.2 Candidates for annual awards are presented by authors, publishers, or producers. |
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12.3 Candidates for the "Grand Prize" are presented by the Executive Committee, on the proposal of the Scientific and Technical Committee. |
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12.4 The Awards Jury is comprised of:
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12.6 The President, the Vice-Presidents, the Scientific Secretary, the designated members assume their responsibilities upon their election or their designation. |
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12.7 A particular regulation decreed by the President, the Vice-Presidents and the Director General outlines the practical procedures for the functioning of the Awards Jury. A report of the Awards Jurys work is given to the Scientific and Technical Committee, the Executive Committee and to the General Assembly. |
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13.1 - General rules for the conduct of business applies to:
b) The Executive Committee, c) The Scientific and Technical Committee.. d) The Commissions and the Sub-Commissions and e) The Experts groups 13.2 General powers of the session President a) The President gets a list drawn up of those present and their credentials. The President checks that a quorum is reached if this condition is provided for. b) The President shall declare the opening and closing of the meetings, direct the discussions, rule the right to speak, put questions listed on the agenda for discussion, initiate the decision-making process, and announce decisions. c) [He/she shall rule on points of order], ensure structured debates and shall ensure the consistency of deliberations. d) He/she may propose to suspend or adjourn the debate on the question under discussion, or to suspend or adjourn the meeting |
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[13.3 -Points of order] [a) In the course of a debate, any delegation may raise a point of order. These points of order may only concern procedure and under no circumstances the subject matter under discussion.. b) The President shall decide on these points of order immediately. c) Any delegation may appeal against the ruling of the President. The appeal shall be immediately put to the vote and the Presidents ruling shall stand unless overruled by a majority of the delegations.] |
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13.4 - Right to speak a) No person may speak without having previously obtained the permission of the President. b) The President shall call upon speakers in the order in which they express their desire to speak. c) The President can call upon the Director General, or any person designated by him or her, to speak on any subject under discussion. d) The President may call a speaker to order if his remarks are not relevant to the subject under discussion. |
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13.5 Suspension of debates on an item on the agenda or the session a) During the course of a meeting, the president or any delegation may propose to suspend the debate on an item on the agenda or of the session to facilitate all initiatives or useful steps to reach a consensus. This proposal is immediately discussed. . b) If no objection is raised, the President immediately suspends the debate on an item of the agenda or of the session c) If an objection is raised, besides the President or the delegation making a proposal, another delegation may speak in favour of the motion, and two against it, after which the proposal shall immediately be put to the vote. d) If the organ approves the proposal by simple majority of members present or represented, having the right to vote, the President shall immediately declare the debates on an item of the agenda or the session suspended. |
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13.6 - Adjournment of debates on an item of the agenda or of the session a) During the course of a meeting, any delegation or the president may propose to adjourn debates on an item of the agenda or the session. b) If no objection is raised the President may immediately adjourn the debates on an item of the agenda or of the session c) If an objection is raised, the President puts this proposal to vote
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13.7 - Order of procedural motions [Subject to the provisions on points of order], the following motions shall have precedence, in the order indicated below, over all other proposals or motions before the meeting: a) to suspend debates on an item of the agenda, b) to suspend the session, c) to adjourn the debate on an item of the agenda d) to adjourn the session. |
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13.8 - Proposal by delegations a) Proposals for the adoption of amendments to the drafts submitted to the organ, and all other proposals, may be submitted orally or in writing by any delegation. b) The organ may decide to debate and vote on a proposal only if it is submitted in writing one week before the meeting. c) Unless it decides otherwise, the organ shall consider or vote on a written proposal only if it has been translated and distributed in the languages in which the documents of the organ must be submitted. |
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13.9 - Withdrawal of proposals a) A proposal may be withdrawn by the delegation which made a proposal, at any time before voting on it has commenced, provided that it has not been amended. b) A proposal thus withdrawn may be immediately reintroduced by any other delegation. |
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Article 14 |
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[Ag. Article 5.4.a]
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14.1 The President is elected by secret ballot by a weighted qualified majority, being two thirds plus one of weighted votes of the members present or represented, providing that a half plus one of the members present or represented are in favour of the candidate who won the election. When there are more than two candidates, subject to the candidates voluntary withdrawal or their impossibility to maintain their candidacy in accordance with the principle of different nationalities as outlined in Article 3.2 of the Agreement, [the candidate having collected the least votes cast as a number of the members present or represented [the candidate having collected the least votes cast as a number of the weighted votes] [the candidate having collected the lowest scores including the percentage of weighted votes and the percentage of votes registered for members compared to the total number of members who voted.] is eliminated. If these conditions are not fulfilled an Extraordinary General Assembly is called within a maximum of three months. During the interim the President in office maintains his duties. |
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14.2 The President assumes his duties the day after the elections. |
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14.3 The term of office for the President is three years, not renewable. At the end of his term of office, the outgoing President has the right to the position of Vice-president for a new three-year term. |
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14.4 A candidacy for the presidency shall be presented by the Government or the authority of the respective member, within a time limit set by the Steering Committee of the O.I.V. Candidacies received after this time are not eligible. A member of an Organisation can present just one candidate. Candidates must, on principle, have participated in at least two General Assemblies. The lists of candidates, along with their curriculum vitae are forwarded to the members at least six months before the elections. |
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14.5 The President, the first Vice-president, and the Presidents of the commissions are of different nationalities. |
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14.6 In the absence of presidential candidacies, the Executive Committee, during an ordinary or extraordinary session, shall nominate the President of the Organisation within the Executive Committee among the present members, by secret ballot vote. The elections are run in the same manner as the presidential elections by the General Assembly. |
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14.7 In the case that the President is prevented from performing his duties, or if there is a post vacancy before the end of the term of office, the interim period is ensured, until the end of the term of office, by the first Vice-president. If the first Vice-president is prevented from performing his duties, the second Vice-president shall ensure the interim period. |
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14.8 The President ensures the effective presidency of the General Assembly, the Executive Committee, the Scientific and Technical Committee and the Steering Committee. Moreover, he participates in the other constitutional organs of the Organisation. |
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14.9 - The General Assembly can, at any moment, revoke the Director General under majority-combined conditions, which presided his election. |
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Article 15 |
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15.1 The outgoing President is by right the first Vice-president for a three-year non-renewable term. |
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15.2 The first Vice-president assumes his duties the day after the elections of the President of the Organisation. |
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15.3 He assists the President, and replaces him, as needed, at the General Assembly, Executive Committee and the Steering Committee of the Organisation. He can also participate in, if so desired, in the sessions of constitutive organs of the Organisation. |
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15.4 The first Vice-president shall replace the President of the Organisation in the event of the President being prevented from attending to his duties or if the post is vacant. |
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15.5 The first Vice-president, the President, the Presidents of the commissions are of different nationalities. |
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Article 16 |
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16.1 The Vice-president of the Scientific and Technical Committee is the second Vice-president of the Organisation and the second Vice-president of the Executive Committee. |
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16.2 The Vice-president of the Scientific and technical Committee is elected among the members of this Committee, by secret ballot with a qualified majority, being two thirds plus one, of members present or represented, for a three-year non renewable term. If a candidate does not obtain this result, a second round by simple majority vote is carried out, being a half plus one, of members present or represented. In the former case, if there are the same number of votes, the older candidate is elected. |
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16.3 The second Vice-president assumes his duties after the elections. |
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16.4 He shall participate along side of the President, who he can replace, as needed at the Scientific and Technical Committee. He shall replace in the duties of the President of the Scientific and Technical Committee in the event that he is prevented from attending to his duties. |
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16.5 He shall participate along side of the President, who he can replace, as needed, in case of the first Vice-president is prevented from attending to his duties, at the General Assembly, the Executive Committee and the Steering Committee of the Organisation. He can also participate, if he so chooses, in the sessions of the constitutive organs of the Organisation. |
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16.6 The Vice-president of the Scientific and Technical Committee, second Vice-president of the O.I.V replaces in addition to the presidency of the Scientific and Technical Committee in the case that the President of the Organisation be prevented from attending to his duties, replaces the other duties of the President of the Scientific and Technical Committee in case of being prevented from attending to his duties, or in the case of a vacant post, in the event that the Vice-president is unable to do so. |
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Article 17 |
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[Ag. Article 5.4.a]
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17.1 The Director General is elected by secret ballot by a weighted qualified majority, being two thirds plus one of weighted votes of the members present or represented, providing that a half plus one of the members present or represented are in favour of the candidate who wins the election. [In the event of plurality of candidates, only may be maintained to the second turn the two candidates having collected the most votes cast in number of members present or represented.] When there are more than two candidates, subject to the candidates voluntary withdrawal or their impossibility to maintain their candidacy in accordance with the principle of different nationalities as outlined in Article 3.2 of the Agreement, [the candidate having collected the least votes cast as a number of the members present or represented [the candidate having collected the least votes cast as a number of the weighted votes] [the candidate having collected the lowest scores including the percentage of weighted votes and the percentage of votes registered for members compared to the total number of members who voted.] is eliminated.
If these conditions are not fulfilled an Extraordinary General Assembly is called within a maximum of three months. During the interim the Director General in office maintains his duties. |
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[Ag. Article 5.4.a] |
17.2 The term of office of the Director General is five years. He is eligible for another five-year term under the same conditions required for the first election. |
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17.3 Candidacy for the post of Director General is presented to the government or the authority of the country the candidate is from, within a time limit set by the Steering Committee of the O.I.V. Candidacies received after this date are not eligible. A member of an organisation can present just one candidate. The list of candidates, in addition to their curriculum vitae is sent to the members at least six months before the election. |
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17.4 In the absence of candidates for the Director General post, the existing Director General maintains his duties, during the time frame necessary to seek a candidate. |
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17.5 The Director General is in charge of the internal management of the O.I.V, hiring, and staff management of the general secretariat. |
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17.6 The duties and responsibilities of the Director General are outlined in Title IV "Particular status of the Director General". |
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17.7 In the event of prevention, his functions are temporarily provided by the Director General deputy or, if he/she is prevented from carrying out duties, the most senior upper management staff |
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17.8 In the event of a vacant post, whatever its reason, the Director General deputy or, if he/she is prevented from carrying out duties, the most senior upper management staff will ensure the interim period until the new Director General has assumed his responsibilities. |
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17.9 The General Assembly can, at any moment, revoke the Director General under majority-combined conditions, which presided his election. |
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Article 18 |
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18.1 the Scientific and Technical Committee shall draw up a draft strategic plan in collaboration with the Director General. This three-year plan defines work tendencies to be carried out by the commissions, the sub-commissions and the experts groups. The draft strategic plan is drawn up on the basis of proposals made by the experts groups, sub-commissions and commissions, evaluated and ranked by the Scientific and Technical Committee. |
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[ . . . ] |
18.2 The draft strategic plan especially indicates:
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18.3 The strategic plan draft is presented by the Scientific and Technical Committee Vice-President to the Executive Committee for preliminary agreement before being submitted to the General Assembly for approval. |
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18.4 Consensus shall be the normal method whereby the Scientific and Technical Committee and then the Executive Committee on one hand, the General Assembly on the other hand respectively adopt the draft and the strategic plan. Should one or the other can be able to reach a consensus, provisions shall be applied defined respectively in Article 8 (paragraph 8.9), in Article 7 (paragraph 7.9) and in Article 6 (paragraph 6.11) of the present Title 1 "General Provisions". re. |
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Article 19 |
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19.1 The tendencies defined in the strategic plan approved by the General Assembly are implemented, or otherwise updated within an annual programme, for which the project was drawn up by the Scientific and Technical Committee. The annual programme project, drawn up based on the proposals of the experts groups, the sub-commissions, and commissions describes the work contents carried out during an annual reference period for each of the scientific, technical, economic and legal organs, accordingly with the triennial strategic plan. Consensus shall be the normal method whereby the Scientific and Technical Committee adopt annual programme draft. Should a consensus not be reached, provisions defined in Article 8 (paragraph 8.9) are applied. |
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19.2 The annual programme draft adopted by the Scientific and Technical Committee is presented for the approval of the Executive Committee, or where relevant by the General Assembly. The approval of the annual programme by the Executive Committee or by the General Assembly enables the effective launching of the corresponding works. Consensus is the normal means whereby the Executive Committee adopts the annual programme. Should a consensus not be reached, provisions defined in Article 6 (paragraph 6.9) are applied. |
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19.3 the approval of the strategic plan annual programme is accompanied by, as much as possible, the setting of measurable objectives. |
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19.4 The comparison of actual achievements to objectives defined in the annual programme approved by the Executive Committee is carried out, as much as possible, at the end of each reference year. The member delegates of the Executive Committee contribute to this endeavour while the members of the Organisation follow up the application of resolutions. |
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Article 20 |
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20. The normal method whereby resolutions, of a general, scientific, technical, economic or legal nature are examined, is organised according to the following Step-by-Step process: |
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In the first part, the decision to move to Step 2 must be made by consensus of the experts group or the concerned sub-commission The President in acceptance with the Vice-president and the scientific secretary can instruct a scientific delegate or an expert examiner to possibly create an ad hoc group to draft a preliminary draft resolution. |
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Step 2 : A « preliminary draft resolution " is subject to an initial examination of the experts group or the interested experts group or sub-commission after scientific papers related to the subject being addressed. The president of the experts groups or the interested sub-commission may take any initiative to organise the necessary consultations with other sub-commissions and interested expert groups. After the experts groups or sub-commission reach a consensus and considering the decisions of the other experts groups and aforementioned commission, the draft resolution is moved up to Step 3. If consensus is not reached the President of the experts group or the interested sub-commission notifies the President of the sub-commission or the sub-commission he/she belongs to. |
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Taking into account the conditions under which the experts groups and the sub-commissions consultations take place, the President of the Experts group or the sub-commission, in agreement with the Vice-president and the Scientific secretary, or otherwise with the private secretary, can decide to go to Step 5 or to notify the Scientific and Technical Committee in the event of special difficulties If the matter is urgent and with the acceptance of the scientific and technical committee or if no observations were made by the members at the close of Step 3, the « temporary draft resolution » can be pushed directly to Step 7 under the same conditions. |
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f) Step 6 : The "temporary draft resolutions" and the feedback received are discussed during the above-mentioned session. The text is modified, edited, or amended, as needed. It is then submitted to the interested commission or sub-commission. The text drawn up makes up the "draft resolution". Taking into account the conditions under which the consultations within the experts groups or the sub-commission were carried out, appeals of the interested commissions shall be decided by the president of the Experts group or the sub-commission, with the agreement of the Vice-president the Scientific secretary or otherwise with the private secretary. The "draft resolution" is then pushed ahead to Step 7. Should a consensus on the "draft resolution" not be reached, the President of the experts group or the sub-commission, in agreement with the Vice-president, the scientific secretary or otherwise, the private secretary can decide to push back the draft resolution to Step 5. In this case, it becomes a "temporary draft resolution". In the event of special difficulties, if deemed opportune, the Scientific and Technical Committee can be notified |
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g) Step 7 : The commission or otherwise the interested commissions shall examine this "draft resolution". The text is modified as needed and is put in the form of a "definitive draft resolution " Given the conditions around the commission works, the decision to submit the "definitive draft resolution" to the General Assembly is taken by the President of the commission in agreement with the vice-president and the scientific secretary or, otherwise jointly with the interested commission presidents in agreement with their respective vice-president and scientific secretary. The President or Presidents, in agreement with their Vice-president and their Scientific secretary may send back the "draft resolution" to step 5, or otherwise to postpone the presentation to the General Assembly. The "definitive draft resolution" is submitted for examination by the "Editorial committee" of the Organisation to finalise the "final draft resolution". The "Editorial Committee" shall harmonise the drafting of the whole of the "final draft Resolutions" and shall contribute to the linguistic coherence of each one of them. The "Editorial Committee" of the Organisation is comprised of the President, the Vice-presidents, the Presidents of the commissions and sub-commissions, scientific secretaries of the commissions and sub-commissions and the Director General.; |
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h) Step 8 : The General Assembly examines the "final draft resolution", discusses it, makes changes if necessary, and makes a decision in accordance with the provisions of Article 5 paragraphs 3a and 3c and of the Agreement of 3 April 2001. |
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Article 21 |
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For those resolutions, which must be made within a time frame incompatible with the normal procedure, the following accelerated procedure can be implemented as follows: |
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Article 22 |
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22.1 The World Congress of Vine and Wine can be held before the General Assembly, on the request of the members of the Organisation, after approval of the Executive Committee. |
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22.2 The organisation of the World Congress of Vine and Wine is ensured jointly by the host country and the O.I.V. |
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22.3 The host members are mainly in charge of:
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22.4 The O.I.V activities shall be:
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22.5 The participation in the world congress of vine and wine is open to all members, to all states and International Organisations with "observer status", to states and international organisations which are neither members nor observers or individuals. |
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22.6 The contribution in the form of presentations, papers or posters within the framework of the scientific programme is open to all scientists wishing to provide input in the Congress.
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Article 23 |
Colloquium, Symposium, International seminars of the Organisation: |
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23.1 On the initiative of the O.I.V, one of its members or , States or international organisations with "observer status" colloquium, symposium, and international seminars dealing with in-depth studies of important subjects of general or specific interest, can be organised every year. |
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23.2 Provisions set for the general organisation and the setting up of a scientific and technical programme for World Congresses of Vine and Wine in Article 22 (paragraph 22.3 and 22.4) can be applied to the above-mentioned colloquium, symposium, and international seminars. |
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Article 24 |
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24.1 O.I.V sponsorship can be accorded by the Director General of the Organisation to colloquium, symposium, seminars and other scientific and technical meetings organised by members of the Organisation or related organisations provided that the Director General be ensured beforehand of the scientific contents of the general programme, the agenda and the non-commercial nature of the event. |
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24.2 O.I.V sponsorship can be accorded by the Director General of the Organisation to international or national wine and spirits contests, provided that the respective organisation and payment procedures are in compliance with O.I.V international standards.. |
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24.3 Sponsorship can only be accorded after the approval of the Executive Committee and upon the decision of the scientific and technical committee. |
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Article 25 |
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[Ag. Article 5.6] |
25.1 The official languages are French, Spanish and English, to which are added German and Italian, expressly asked by interested members at the time of signature or ratification of the Agreement of 3rd April 2001. |
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25.2 Translations and simultaneous interpretation in each of the languages mentioned above, shall be available for General Assemblies, Executive Committee and Scientific and Technical Committee meetings. Documents including "draft resolutions", "temporary projects", "definitive projects", "final projects" for resolutions or recommendations and progress reports, submitted to the examination of the mentioned O.I.V organs, shall be written in the above-mentioned languages. |
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25.3 Translations and simultaneous interpretations shall be available for meetings of the O.I.V Steering Committee, commissions, sub-commissions, experts groups in, addition to work groups created by the Executive Committee in the aforementioned languages required for the communication between the participants, as requested by the participants before each meeting.. The same hold true for documents written up before and after each of these meetings |
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Article 26 |
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26.1 In compliance with the objectives and missions as defined in Article 2 of the Agreement of 3 April 2001,, the Director General shall maintain existing relations with other international organisations and make all opportune contacts with other international Organisations. |
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26.2 With due respect to the term of office accorded by the Executive Committee, the Director General can enter into negotiations necessary to the establishment of formal relations with international organisations, both intergovernmental and non-governmental. |
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26.3 Draft protocols of co-operation and collaboration to be signed between the O.I.V and one or several International Organisations are submitted to the approval of the General Assembly on the proposal of the Executive Committee.. |
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[Ag. Article 9.1] |
The procedure of amendments of the Agreement of 3 April 2001 shall be undertaken under the conditions set out in Article 9 (paragraph 1) of the Agreement. |
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[Ag. Article 9.2] |
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Article 27 |
The conditions for the entry into force of the Internal Rules of Procedure: |
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[Ag. Article 10] |
27.1 Consensus shall be the method whereby the General Assembly adopts the Internal Rules of Procedure. Should the General Assembly not reach a consensus, the provisions as defined Article 5 (paragraph 3.c) of the Agreement of 3 April 2001 shall be applied. |
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27.2 The present Internal Rules of Procedure enter into force immediately following their adoption. |
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Article 28 |
The modifications or adaptations of the Internal Rules of Procedure : |
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28.1 Each member, the Executive Committee, the Scientific and Technical Committee, the Steering Committee of the O.I.V, the President, the Vice-presidents and the Director General may propose modifications or adaptations to the present Internal Rules of Procedure. Proposals shall be made in writing to the Director General of the Organisation in the event that the proposal does not come from the Executive Committee, then it advises the Executive Committee and asks for their advice. |
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28.2 The Director General shall communicate this proposal in writing with the advice of the Executive Committee, to all members of the Organisation. If, within six months from the date of communication, one half plus one of the members reply favourably to the proposal, the Director General shall present for approval at the first General Assembly held after this period. |
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[Ag. Article 5] |
28.3 Consensus shall be the method whereby the General Assembly makes decisions. Should the General Assembly not reach a consensus, the provisions as defined Article 5 of the Agreement of 3 April 2001 shall be applied. |
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28.4 If the proposals are approved, the modifications or adaptations of the Internal Rules of Procedure enter into force immediately after being adopted. The amended integral version of the Internal Rules of procedure is circulated to the members of the O.I.V. by the Director General |
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28.5 If this not the case, the proposals for modification or adaptation of the present Internal Rules of Procedure shall be dismissed. |
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According to the present Internal Rules of procedure, the following terms mean: |
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O.I.V |
The International Organisation of Vine and Wine |
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Agreement |
The Agreement of 3rd April 2001 creating the O.I.V. and this revised or amended Agreement |
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Attend |
to receive official documents (such as agendas, reports, minutes of meetings) and to be present at meetings of the organisation's constituent bodies. Without the possibility to intervene or contribute in the taking of decisions |
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Intervene |
to "attend" + to be able to present documents and to speak at meetings (mindful of the precedence of Members followed by Observers followed by others at the invitation of the presiding officer and agreement of official participants) without contribution in the taking of the decisions. |
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Participate |
to "attend" + to "intervene", + to contribute in the taking of decisions |
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Quietus |
Act by which the General Assembly recognises that the Director General, responsible for the management of the O.I.V., discharged of its task as prescribed and that he can be relieved off any responsibility |
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Suspension |
Momentary interruption of debates on an item on the agenda or of the session |
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Adjournment |
A putting off of a debate of an item on the agenda or of the session until a later date |