Annex II: Financial Provisions
Article I
1.
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The
financial year of the Agency shall run from the first of January to the
thirty-first of December following.
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2.
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The Director
General shall, not later than the first of September of each year, forward to
the Member States
(a)
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a draft
general budget,
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(b)
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draft
programme budgets.
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3.
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The general
budget shall comprise
(a)
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an
expenditure part, showing the estimated expenditure relating to the
activities referred to in Article V.1 (a) (i), (iii) and (iv) of the
Convention, including the fixed common costs, as well as to the non-fixed
common costs and the support costs concerning the programmes referred to in
Article V.1 (a) (ii) and V.1 (b) of the Convention; the fixed and non-fixed
common costs and the support costs shall be defined in the Financial Regulations;
the estimates shall be broken down by type of activity and by general
heading;
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(b)
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an income
part, showing
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(i)
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the
contributions of all Member States towards the expenditure relating to the
activities referred to in Article V.1 (a) (i), (iii) and (iv) of the
Convention, including the fixed common costs;
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(ii)
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the
contributions of participating States to the non-fixed common costs and
support costs allocated, in accordance with the Financial Regulations, to the
programmes referred to in Article V.1 (a) (ii) and V.1 (b) of the Convention;
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(iii)
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other
income.
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4.
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Each
programme budget shall comprise
(a)
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an
expenditure part, showing
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(i)
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the
estimated direct expenditure relating to the programme and broken down by
general heading as defined in the Financial Regulations;
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(ii)
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the
estimated non-fixed common costs and support costs allocated to the
programme;
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(b)
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an income
part, showing
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(i)
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the
contributions of participating States to the direct expenditure referred to
in sub-paragraph (a) (i);
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(ii)
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other
income;
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(iii)
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for
information, the contributions of participating States to the non-fixed
common costs and the support costs referred to in sub-paragraph (a) (ii), as
provided for in the general budget.
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5.
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The approval
of the general budget and of each programme budget by the Council shall take
place before the beginning of each financial year.
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6.
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The general
budget and the programme budgets shall be prepared and executed in accordance
with the Financial Regulations.
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Article II
1.
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If
circumstances so require, the Council may ask the Director General to present
a revised budget to it.
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2.
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No decision
involving additional expenditure shall be deemed to have been approved until
the Council has approved the Director General's estimate of the additional
expenditure involved.
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Article III
1.
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The Director
General shall, if so requested by the Council, include in the general budget
or in the programme budget concerned the estimates of expenditure for
subsequent years.
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2.
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In
connection with the adoption of the annual budgets of the Agency the Council
shall re-examine the level of resources and make the necessary adjustments in
the light of price-level variations and any unforeseen changes during the
execution of the programmes.
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Article IV
1.
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The
expenditure approved for activities covered by Article V of the Convention shall
be met by contributions assessed in accordance with Article XIII of the
Convention.
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2.
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When a State
accedes to the Convention in accordance with Article XXII thereof, the
contributions of the other Member States shall be reassessed. A new scale,
which shall take effect on a date to be decided by the Council, shall be
established on the basis of the national income statistics for the years used
in calculating the existing scale. Where appropriate, reimbursements shall be
made to ensure that the contributions paid by all Member States for the
current year are in accordance with the decision of the Council.
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3.
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(a)
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The
arrangements by which contributions are to be made, which shall ensure the
proper financing of the Agency, shall be determined in the Financial
Regulations.
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(b)
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The Director
General shall notify Member States of the amount of their contributions and
of the dates on which payments shall be made.
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Article V
1.
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The budgets
of the Agency shall be expressed in accounting units. The accounting unit is
defined by 0.88867088 gramme of fine gold; the Council may, by a unanimous
decision of all Member States, adopt another definition of the accounting
unit.
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2.
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Each Member
State shall pay its contributions in its own currency.
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Article VI
1.
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The Director
General shall keep an accurate account of all income and expenditure. At the
end of each financial year the Director General shall, in accordance with the
Financial Regulations, draw up separate annual accounts for each programme
covered by Article V of the Convention.
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2.
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Budgetary
accounts, the budget and the financial management, as well as any other
measure having financial implications, shall be examined by an Audit
Commission. The Council shall designate, by a two-thirds majority of all Member
States, the Member States which, in rotation on an equitable basis, shall be
invited to nominate, preferably from among their own senior officials,
auditors to serve on this Commission, and shall nominate by the same
majority, from among the auditors, a Chairman of the Commission for a period
not exceeding three years.
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3.
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The purpose
of the audit, which shall be based on records and, if necessary, done on the
spot, shall be to verify that expenditure has conformed with the budget
estimates and that the records are lawful and correct. The Commission shall
also report on the economic management of the Agency's financial resources.
At the end of each financial year, the Commission shall draw up a report,
which shall be adopted by the majority of its members and thereupon
transmitted to the Council.
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4.
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The Audit
Commission shall discharge such other functions as are set out in the
Financial Regulations.
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5.
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The Director
General shall furnish the auditors with such information and help as they may
require to carry out their duties.
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