Resolution 5 of the 26th CGPM (2018)

On the financial arrears of Member States and the process of exclusion

The General Conference on Weights and Measures (CGPM), at its 26th meeting,

recalling that

• Article 6 paragraphs 6 to 8 (1921) of the Regulations annexed to the Metre Convention reads as follows:
  • "6. Si un État est demeuré trois années sans effectuer le versement de sa contribution, celle-ci est répartie entre les autres États, au prorata de leurs propres contributions. Les sommes supplémentaires, versées ainsi par les États pour parfaire le montant de la dotation du Bureau, sont considérées comme une avance faite à l'État retardataire, et leur sont remboursées si celui ci vient à acquitter ses contributions arriérées.
    7. Les avantages et prérogatives conférés par l'adhésion à la Convention du Mètre sont suspendus à l'égard des États déficitaires de trois années.
    8. Après trois nouvelles années, l'État déficitaire est exclu de la Convention, et le calcul des contributions est rétabli conformément aux dispositions de l’article 20 du présent Règlement."⁽¹⁾
• Resolution 8 adopted by the CGPM at its 23rd meeting (2007) on financial arrears of Member States sets a procedure concerning States who fail to fulfil their financial obligations,

observing that

• paragraphs 6 and 7 of Article 6 of the Annexed Regulations foresee that whilst the advantages and prerogatives of Member States are suspended for those States in arrears by three years, their contributions remain due,
• historical practice has always been to apply paragraphs 6 and 7 of Article 6 of the Annexed Regulations,

noting that

• historical practice has been at variance with the provisions of paragraph 8 of Article 6 of the Annexed Regulations by not excluding Member States when they have defaulted on their contributions for more than six years and by not re-establishing the calculation of contributions,
• historical practice has resulted in certain Member States remaining in a state of suspension for periods considerably exceeding the three-year period envisaged in the Annexed Regulations, leading to the accumulation of their arrears and the consequent distribution of their contributions among all other Member States,
• Resolution 8 adopted by the CGPM at its 23rd meeting (2007) introduced a procedure for the exclusion of a defaulting Member State that requires a decision of the CGPM, and consequently, the period of suspension prior to exclusion depends on the scheduling of CGPM meetings and thus defaulting Member States may not be treated equally,
• Resolution 8 (2007) partly addressed the issues raised by historical practice,

further recalling that

• procedural clarity and fair treatment of Member States are matters of good governance and are beneficial to all parties,
• the International Committee for Weights and Measures (CIPM), as the permanent supervisory organ of the BIPM, could apply Article 6 paragraph 8 of the Annexed Regulations in a timely manner,

decides that

• the CIPM shall implement Article 6 paragraph 8 of the Annexed Regulations,
• the CIPM shall address the situation where historical practice has resulted in the accumulation of arrears,

confirms that

• the CIPM shall notify the French Ministry for Europe and Foreign Affairs of any exclusion, which shall accordingly inform the excluded State and all other Member States,
• an excluded Member State may only again accede to the Metre Convention if its remaining arrears have been paid,
• pursuant to Article 11 of the Metre Convention, that such a Member State shall pay an entrance contribution equal to its first annual contribution.

(1) English translation for easy reference of the authoritative French version:
6. If a State remains three years without paying its contribution, the said contribution is distributed among the other States pro-rata to their own contributions. The supplementary sums thus paid by these States to make up the dotation of the Bureau are considered as advances made to the State in arrears, and are reimbursed to them in the event that it repays its arrears of contributions.
7. The advantages and prerogatives conferred by accession to the Metre Convention are suspended for those States in arrears by three years.
8. After three more years, the State in arrears is excluded from the Convention and the calculation of contributions is re-established in accordance with the provisions of Article 20 of the present Regulations.

DOI : 10.59161/CGPM2018RES5E