ARTICLE 1
The purposes of the E.C.P.P. (W.E.S.O.), in full respect of the United Nations principles, are:
a) To provide means for the cooperation among Governments in the fields of governmental regulation; to encourage and facilitate the general adoption of the highest practicable standards in matters concerning environmental protection, efficiency of enforcement, prevention and control of environmental crime; to deal with administrative and legal matters related to the purposes set out in this Article;
b) To provide for the consideration by the E.C.P.P. (W.E.S.O.) of any matters concerning environment and the effect of crime on the environment that may have on it, by any organ or bodies at a regional, national or international level;
c) To provide for the exchange of information among Governments and IGOs on matters under consideration by the E.C.P.P. (W.E.S.O.)
d) To contribute, through the abovementioned instruments, to world environmental security.
PART II
FUNCTIONS
ARTICLE 2
In order to achieve the purposes set out in Part 1, the E.C.P.P. (W.E.S.O.) shall:
a) Subject to the provisions of Article 3, consider and make recommendations upon matters arising under Article 1 (a), that may be remitted to it by Members, by any organ or specialized agency of the United Nations or by any other intergovernmental organization or upon matters referred to it under Article 1 (b);
b) Provide for the drafting of conventions, agreements or other suitable instruments, and recommend these to Governments and to intergovernmental organizations, and convene such conferences as may be necessary;
c) Provide the means for consultations among Members and exchange of information among Governments; collect and disseminate information regarding environmental security in multilateral and bilateral contexts;
d) Perform functions arising in connection with paragraphs a, b and c of this Article, in particular those assigned to it by or under international instruments, relating to environmental matters and the effects of crimes on the environment;
e) Facilitate as necessary, technical cooperation within the scope of the E.C.P.P.;
f) Develop research and operational intervention directed towards the resolution of problems arising on the occasion of bi- or multi-lateral Conferences;
g) Promote E.C.P.P. Members' observer missions on territories with particular environmental security problems
ARTICLE 3
In those matters which appear to the E.C.P.P. capable of settlement through the normal processes of international environmental business, the E.C.P.P. shall so recommend.
When, in the opinion of the E.C.P.P, any matter concerning environmental crime, is incapable of settlement through the normal processes of international environmental business, or has in fact so proved, and provided it shall first have been the subject of direct negotiations between the Members concerned, the E.C.P.P. shall, at request of one of those Members, consider the matters.
PART III
MEMBERSHIP
ARTICLE 4
Membership in the E.C.P.P. (W.E.S.O.) shall be open to all States, without any kind of restriction or of special formality to adhesion. The participation to the Plenary Conference, to a Working Group and any other kind of adhesion to the activity of E.C.P.P., even through the accreditation of a delegate, constitutes the status of E.C.P.P.(W.E.S.O.) observer Member.
In the same way, the request of assistance services from the E.C.P.P. Secretary constitutes a real condition of effective-participation in the E.C.P.P. (W.E.S.O.)
The States which accept, approve, ratify or accede to the E.C.P.P. (W.E.S.O.) Statute-Agreement as approved by the assembly of the III E.C.P.P. Conference and signed by the Presidents will became Members of E.C.P.P. (W.E.S.O.) from the date of the deposit of the instruments of acceptation, approval, ratification or accession.
To participate in the E.C.P.P., countries should contribute to the Secretariat organization’s general expenses in any way of membership and/or financing (e.g. membership and financing, participation in specific operations in regional areas, logistic support -e.g. structures- and operational support -e.g. human resources).
PART IV
ORGANS
ARTICLE 5
The E.C.P.P. (W.E.S.O.) shall consist of:
- An Assembly;
- A Presidency Office (made up of two Presidents belonging to two different geographic areas);
- A High Technology Working Group;
- A Legal Working Group;
- A Secretariat.
- Such subsidiary organs as the E.C.P.P. may at any time consider necessary;
ARTICLE 6
Each Working Group will be coordinated by a President, elected by the Members of the Working Group, operating as an assistant to the Secretary-General.
PART V
THE ASSEMBLY
ARTICLE 7
The Assembly shall consist of all the Members and of all the IGO observers.
NGOs and individual experts may exceptionally take part in the Assembly according to the opinion of the Secretary-General, with no right of voting.
ARTICLE 8
The Assembly fixes the date of the next Plenary Session.
In the absence of a fixed date, the Assembly will take place every two years.
ARTICLE 9
The functions of the Assembly shall be:
a) To elect its President at each regular session from among its Members, who shall hold office until the next regular session;
b) To determine its own Rules of Procedure;
c) To establish any temporary or, upon recommendation of the Secretariat, permanent subsidiary bodies it may consider to be necessary;
d) To receive and consider the reports of the Working Groups and to decide upon any questions referred to it by the Working Groups;
e) To approve the work Programme of the E.C.P.P. (W.E.S.O.);
f) To vote on the possible budget and determine the financial arrangements of the E.C.P.P.;
g) To perform the functions of the E.C.P.P. (W.E.S.O.), the Assembly shall refer such matters to the Secretariat for formulation by it of any recommendation or instruments thereon;
h) To recommend to Members for adoption regulations and guidelines concerning the prevention and control of environmental crime, and other matters concerning the environment assigned to the E.C.P.P. by or under international instruments, or amendments to such regulations and guidelines which have been referred to it;
i) To take such actions, as it may deem appropriate to promote technical co-operation in accordance with Article 2 (e), taking into account the special needs of developing countries;
j) To make suggestions in regard to convening any international conference or following any other appropriate procedure for the adoption of international conventions.
PART VI
HIGH TECHNOLOGY WORKING GROUP
ARTICLE 10
The High Technology Working Group is made of the Members accredited by Governments and IGOs and of experts otherwise identified by the Secretary and by the Presidents in the academic, scientific and industrial worlds and the international organization arena.
The President elected within the High Technology Working Group and confirmed by the Assembly adopt an internal Regulation which must be approved by the Secretary and by the Presidents.
ARTICLE 11
The High Technology Working group shall submit to the Secretariat:
- proposals:
- recommendations and guidelines;
- detailed reports;
- results of advanced research developed in the priority areas.
PART VII
LEGAL WORKING GROUP
ARTICLE 12
The Legal Working Group, which has an informal status as recommended by the II Assembly in Naples, in March 1997, is established.
This Working Group sees the informal participation of experts in disciplines such as jurisprudence, economics and politics regarding international environmental security issues and international organization.
ARTICLE 13
The Legal Working Group shall submit to the Secretariat:
- drafts of international conventions;
- reports on the work of the Working Group.
PART VIII
THE PRESIDENCY OFFICE AND THE SECRETARIAT
ARTICLE 14
The two Presidents are appointed by the assembly for the period established by the majority of its delegates.
Each co-President represents separately the E.C.P.P. (W.E.S.O.) and arranges, on behalf of E.C.P.P., each useful and opportune activity to achieve the aims and purposes of E.C.P.P. in respect to the intergovernmental mandate.
The Secretariat shall comprise the Secretary-General who represents the E.C.P.P. (W.E.S.O.) and is appointed by the E.C.P.P. Presidents and such other personnel as the achievement of the aims and purposes of the E.C.P.P. (W.E.S.O.) may require.
The Secretary-General shall be the chief administrative officer of the E.C.P.P. (W.E.S.O.) and shall appoint the above mentioned personnel.
ARTICLE 15
The Secretariat shall maintain all such records as may be necessary for the efficient discharge of the functions of the E.C.P.P., and shall prepare, collect and circulate the papers, documents, agenda, minutes and information that may be required for the work of the E.C.P.P..
ARTICLE 16
The Secretary-General shall prepare and submit to the Presidents the financial statements in brief for each year and the budget estimates on a biennial basis.
ARTICLE 17
The Secretary-General shall keep Members informed with respect to the activities of the E.C.P.P. (W.E.S.O.) Each Member may appoint one or more Representatives for the purpose of communication with the Secretary.
ARTICLE 18
In the performance of their duties the Secretary and the staff shall not seek or receive instructions from any Government or any authority external to the E.C.P.P. They shall refrain from any action that might reflect on their position.
Each Member on his part undertakes to respect the international character of the responsibilities of the Secretary-General and the staff, and adopt special measures of protection for E.C.P.P. officers in charge, according to the principles of the Vienna Convention on diplomatic relations and optional protocols of 1961.
ARTICLE 19
The Secretary-General shall assume any other function which may be assigned to him by the Assembly or by the Presidents in case of urgency or necessity.
In his activity the Secretary-General may be assisted, technically and financially, by suitable public/private organizations identified by the Assembly.
The Special Research Monitoring Center (USA, San Francisco) is in charge of supporting and co?operating.
ARTICLE 20
The Secretary-General shall make a report to the Assembly, at each regular session, on the work performed by the E.C.P.P. since the previous regular session to the Assembly.
ARTICLE 21
The Secretary-General shall submit to the Assembly financial statements of the E.C.P.P..
ARTICLE 22
Between sessions of the Assembly, the Secretary-General shall perform all the functions of the E.C.P.P., except the function of making recommendations.
In particular, the Secretary-General shall co-ordinate activities of the organs of the E.C.P.P. (W.E.S.O.) and may make such adjustments in the work programme as are strictly necessary to ensure efficient functioning.
PART IX
FINANCING
ARTICLE 23
Each Member shall bear the salary, travel and other expenses of its own delegation to the meetings of the E.C.P.P., with exceptions identified by the Secretary.
ARTICLE 24
The Secretary-General shall submit the estimated budget to the Presidents of the Assembly.
The Assembly shall review and approve the budget estimates.
ARTICLE 25
The Secretariat and the Working Groups are authorized to develop any activity with an economic method, finalized to recover financial resources, in full respect of the not-for-profit aims of the E.C.P.P.
Other resources may come from the co-operation with external qualified subjects.
PART X
VOTING
ARTICLE 26
In the Assembly each Member shall have one vote.
ARTICLE 27
Assembly decisions shall be by a majority vote of the Members present and voting.
PART XI
HEADQUARTERS OF THE ORGANIZATION
ARTICLE 28
The E.C.P.P. Offices shall be established by the Presidents’ countries, whose Governments adopt special measures and efforts for the protection of buildings, activities and officials in charge of the E.C.P.P., according to the Vienna Convention on diplomatic relations and optional protocols of 1961.
The E.C.P.P. Secretariat is authorized to use S.R.M.C. offices and representation.
ARTICLE 29
On request of country Members, E.C.P.P. Research Centers and Regional Offices could be established by the Secretary-General, according to the opinion of the E.C.P.P. Presidents and the Working Group Presidents.
ARTICLE 30
The E.C.P.P. shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions.
ARTICLE 31
The E.C.P.P. shall enjoy in the territory of each State Member such privileges and immunities as are necessary for the fulfilment of its purpose.
PART XII
RELATIONSHIP WITH THE UNITED NATIONS AND OTHER ORGANIZATIONS
ARTICLE 32
The E.C.P.P. shall be brought into relationship with the United Nations in accordance with Article 57 of the Chart of the United Nations, working for the acknowledgement and prevention of environmental crimes.
ARTICLE 33
The E.C.P.P. shall co-operate with any specialized agency of the United Nations in matters which may be of common concern, and shall consider such matters and act with respect to them in accord with such specialized agency.
ARTICLE 34
The E.C.P.P. may, on matters within its scope, co-operate with other intergovernmental organizations which are not specialized agencies of the United Nations, but whose interests and activities are related to the purposes of the E.C.P.P. (W.E.S.O.)
ARTICLE 35
The E.C.P.P. exceptionally may, on matter within its scope, make suitable arrangements for cooperating with international NGOs.
FINAL CLAUSE
The States shall accept, approve, ratify or accede to the present Statute in accordance with their constitutional processes.
This Statute shall enter into force on the thirtieth day following the date of deposit of at least five* instruments of acceptation, approval, ratification or accession.
The present Statute will be deposited by the Government to be appointed as depositary by the III E.C.P.P. Conference**.
* Note: As amended by Article 6 of the Final Report of the E.C.P.P. IV Intergovernmental Plenary signed in New York the 27th November 2000 – Chairman; Minister T. Popovski FYR of Macedonia.
** The Depository Government, as approved by the III Plenary, is the Government of Angola – Ministry of Justice, jointly with the Secretariat of the E.C.P.P.
This E.C.P.P. Conference Regulation-Statute, composed of 35 articles, is deposited by the E.C.P.P. Presidents and Secretariat and shall be sent as provisionally executive draft to all U.N. member States, as well as to the U.N. General Secretariat and to the other IGOs for information and acknowledgement.
The present Regulation-Statute shall enter temporarily into force by the signatures of the E.C.P.P. representatives of the two Governments holding the Presidency of the Conference itself.
This Regulation Statute of the Environmental Crime Prevention Programme- Permanent Intergovernmental Conference, as part of international organization measures for the world environmental security (W.E.S.O.), to be adopted in the III E.C.P.P. Conference meeting, will be confirmed temporarily into force by the signature of the participants (or the elected chairpersons) to the Intergovernmental Conference – Santa Fè de Bogotá 7/10 May 1998, and will be legally effective, after the IV Plenary, for all the countries which demonstrate their agreement with the text and with respect to international law principles and the above-mentioned Final Clause.
San Francisco, 1st July 1997
The Presidents
The Minister of Forestry and Environment of the Socialist Republic of Sri Lanka The Minister of Justice of the Slovak Republic
Signed: H.E. Mr. Nandimithra Ekanayake Signed: H.E. Mr. Jozef Liscak
Authenticated: Ministry of Foreign Affairs of The Socialist Republic of Sri Lanka Authenticated: Ministry of Foreign Affairs of The Slovak Republic
The E.C.P.P. Secretary-General
Signed: Dr. Mario Scaramella
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