1994 PA 451, AS AMENDED
美韩自由贸易协定
C HAPTER E IGHTEENI NTELLECTUAL P ROPERTY R IGHTSA RTICLE 18.1:G ENERAL P ROVISIONS1. Each Party shall, at a minimum, give effect to this Chapter.International Agreements2. Further to Article 1.2 (Relation to Other Agreements), the Parties affirm their existing rights and obligations with respect to each other under the TRIPS Agreement.3. Each Party shall ratify or accede to the following agreements by the date this Agreement enters into force:(a) the Patent Cooperation Treaty (1970), as amended in 1979;Paris Convention for the Protection of Industrial Propertythe(b)(1967) (the Paris Convention);Berne Convention for the Protection of Literary and Artistic(c) theWorks (1971) (the Berne Convention);(d) the Convention Relating to the Distribution of Programme-CarryingSignals Transmitted by Satellite (1974);(e) the Protocol Relating to the Madrid Agreement Concerning theInternational Registration of Marks (1989);(f) the Budapest Treaty on the International Recognition of the Deposit ofMicroorganisms for the Purposes of Patent Procedure (1977), as amendedin 1980;(g) the International Convention for the Protection of New Varieties of Plants(1991);Trademark Law Treaty (1994);1(h) the(i) the World Intellectual Property Organization (WIPO) Copyright Treaty(1996); and(j) the WIPO Performances and Phonograms Treaty (1996).1 A Party may satisfy the obligation in Article 18.1.3(h) by ratifying or acceding to the Singapore Treaty on the Law of Trademarks (2006), provided that treaty has entered into force.4. Each Party shall make all reasonable efforts to ratify or accede to the following agreements:Patent Law Treaty (2000);(a) theHague Agreement Concerning the International Registration of(b) theIndustrial Designs (1999); and(c)the Singapore Treaty on the Law of Trademarks (2006).More Extensive Protection and Enforcement5. A Party may provide more extensive protection for, and enforcement of, intellectual property rights under its law than this Chapter requires, provided that the more extensive protection does not contravene this Chapter.National Treatment6. In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals2 of the other Party treatment no less favorable than it accords to its own nationals with regard to the protection3 and enjoyment of such intellectual property rights and any benefits derived from such rights. With respect to secondary uses of phonograms by means of analog communications, analog free over-the-air radio broadcasting, and analog free over-the-air television broadcasting, however, a Party may limit the rights of performers and producers of phonograms of the other Party to the rights its persons are accorded in the territory of the other Party.7. A Party may derogate from paragraph 6 in relation to its judicial and administrative procedures, including requiring a national of the other Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such derogation is:(a) necessary to secure compliance with laws and regulations that are notinconsistent with this Chapter; and2 For purposes of paragraphs 6 and 7 and Articles 18.2.14(a), and 18.6.1, a “national”of a Party shall include, in respect of the relevant right, any person (as defined in Article 1.4 (Definitions)), of that Party that would meet the criteria for eligibility for protection of that right provided for in the agreements listed in paragraph3 and the TRIPS Agreement.3 For purposes of paragraph 6, “protection” includes: (1) matters affecting the availability, acquisition, scope, maintenance, and enforcement of intellectual property rights as well as matters affecting the use of intellectual property rights specifically covered by this Chapter; and (2) the prohibition on circumvention of effective technological measures set out in Article 18.4.7 and the rights and obligations concerning rights management information set out in Article 18.4.8.(b) not applied in a manner that would constitute a disguised restriction ontrade.8. Paragraph 6 does not apply to procedures provided in multilateral agreements to which either Party is a party concluded under the auspices of the WIPO in relation to the acquisition or maintenance of intellectual property rights.Application of Agreement to Existing Subject Matter and Prior Acts9. Except as it provides otherwise, including in Article 18.4.5, this Chapter gives rise to obligations in respect of all subject matter existing at the date this Agreement enters into force that is protected on that date in the territory of the Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter.10. Except as otherwise provided in this Chapter, including in Article 18.4.5,a Party shall not be required to restore protection to subject matter that on the date this Agreement enters into force has fallen into the public domain in the territory of the Party where the protection is claimed.11. This Chapter does not give rise to obligations in respect of acts that occurred before the date this Agreement enters into force.Transparency12. Further to Article 21.1 (Publication), and with the object of making the protection and enforcement of intellectual property rights transparent, each Party shall ensure that all laws, regulations, and procedures concerning the protection or enforcement of intellectual property rights are in writing and are published,4 or where publication is not practicable made publicly available, in its national language in such a manner as to enable governments and right holders to become acquainted with them.A RTICLE 18.2: T RADEMARKS I NCLUDING G EOGRAPHICAL I NDICATIONS1. Neither Party may require, as a condition of registration, that signs be visually perceptible, nor may either Party deny registration of a trademark solely on the grounds that the sign of which it is composed is a sound or scent.2. Each Party shall provide that trademarks shall include certification marks. Each Party shall also provide that geographical indications are eligible for protection as trademarks.54 For greater certainty, a Party may satisfy the requirement in paragraph 12 to publish a law, regulation, or procedure by making it available to the public on the Internet.5 For purposes of this Chapter, geographical indications means indications that identify a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. Any sign (such as words, including geographical and personal names, as well as letters, numerals, figurative elements,3. Each Party shall ensure that its measures mandating the use of the term customary in common language as the common name for a good or service (common name), including, inter alia, requirements concerning the relative size, placement or style of use of the trademark in relation to the common name, do not impair the use or effectiveness of trademarks used in relation to such good or service.4. Each Party shall provide that the owner of a registered trademark shall have the exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs, including geographical indications, at least for goods or services that are identical or similar to those goods or services in respect of which the owner’s trademark is registered, where such use would result in a likelihood of confusion. In the case of the use of an identical sign, including a geographical indication, for identical goods or services, a likelihood of confusion shall be presumed.5. Each Party may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties.6. Neither Party may require, as a condition for determining that a mark is a well-known mark, that the mark has been registered in the territory of that Party or in another jurisdiction. Additionally, neither Party may deny remedies or relief with respect to well-known marks solely because of the lack of:(a) a registration;(b) inclusion on a list of well-known marks; or(c) prior recognition of the mark as well-known.7. Article 6bis of the Paris Convention shall apply, mutatis mutandis, to goods or services that are not identical or similar to those identified by a well-known trademark,6 whether registered or not, provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the trademark, and provided that the interests of the owner of the trademark are likely to be damaged by such use.8. Each Party shall provide for appropriate measures to refuse or cancel the registration and prohibit the use of a trademark or geographical indication that is identical or similar to a well-known trademark, for related goods or services, if the use of thatand colors, including single colors) or combination of signs, in any form whatsoever, shall be eligible to be a geographical indication. “Originating” in this Chapter does not have the meaning ascribed to that term in Article 1.4 (Definitions).6 For purposes of determining whether a mark is well-known, neither Party may require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services.trademark or geographical indication is likely to cause confusion, or to cause mistake, or to deceive or risk associating the trademark or geographical indication with the owner of the well-known trademark, or constitutes unfair exploitation of the reputation of the well-known trademark.9. Each Party shall provide a system for the registration of trademarks, which shall include:(a) a requirement to provide to the applicant a communication in writing, whichmay be provided electronically, of the reasons for a refusal to register atrademark;(b) an opportunity for the applicant to respond to communications from thetrademark authorities, to contest an initial refusal, and to appeal judicially afinal refusal to register;(c) an opportunity for interested parties to oppose a trademark application andto seek cancellation of a trademark after it has been registered; and(d) a requirement that decisions in opposition and cancellation proceedings bereasoned and in writing. Written decisions may be provided electronically.10. Each Party shall provide a:(a) system for the electronic application for, and electronic processing,registering, and maintenance of, trademarks; and(b) publicly available electronic database, including an online database, oftrademark applications and registrations.11. Each Party shall provide that:(a) each registration and publication that concerns a trademark application orregistration and that indicates goods or services shall indicate the goods orservices by their names, grouped according to the classes of theclassification established by the Nice Agreement Concerning theInternational Classification of Goods and Services for the Purposes of theRegistration of Marks (1979), as revised and amended (Nice Classification);and(b) goods or services may not be considered as being similar to each othersolely on the ground that, in any registration or publication, they appear inthe same class of the Nice Classification. Conversely, each Party shallprovide that goods or services may not be considered as being dissimilarfrom each other solely on the ground that, in any registration or publication,they appear in different classes of the Nice Classification.12. Each Party shall provide that initial registration and each renewal of registration ofa trademark shall be for a term of no less than ten years.13. Neither Party may require recordation of trademark licenses to establish the validity of the license, to assert any rights in a trademark, or for other purposes.14. If a Party provides the means to apply for protection or petition for recognition of geographical indications, through a system of protection of trademarks or otherwise, it shall, with respect to such applications and petitions (as relevant to the means chosen by the Party):those applications and petitions without requiring intercession by a(a) acceptParty on behalf of its nationals;(b) process those applications and petitions with a minimum of formalities;(c) ensure that its regulations governing filing of those applications andpetitions are readily available to the public and set out clearly theprocedures for these actions;(d) make available contact information sufficient to allow the general public toobtain guidance concerning the procedures for filing applications andpetitions and the processing of those applications and petitions in general;and to allow applicants, petitioners, or their representatives to ascertain thestatus of, and to obtain procedural guidance concerning, specificapplications and petitions; and(e) ensure that applications and petitions for geographical indications arepublished for opposition, and provide procedures for opposing geographicalindications that are the subject of applications or petitions. Each Party shallalso provide procedures to cancel a registration resulting from anapplication or a petition.15. (a) Each Party shall provide that each of the following shall be groundsfor refusing protection or recognition of, and for opposition and cancellationof, a geographical indication:(i) the geographical indication is likely to cause confusion with atrademark that is the subject of a good faith pending application orregistration in the Party’s territory and that has a priority date thatpredates the protection or recognition of the geographical indicationin that territory;(ii) the geographical indication is likely to cause confusion with atrademark, the rights to which have been acquired in the Party’sterritory through use in good faith, that has a priority date thatpredates the protection or recognition of the geographical indicationin that territory; and(iii) the geographical indication is likely to cause confusion with atrademark that has become well known in the Party’s territory andthat has a priority date that predates the protection or recognition ofthe geographical indication in that territory.(b) For purposes of subparagraph (a), the date of protection of the geographicalindication in a Party’s territory shall be:(i) in the case of protection or recognition provided as a result of anapplication or petition, the date of the application or petition; and (ii) in the case of protection or recognition provided through othermeans, the date of protection or recognition under the Party’s laws.A RTICLE 18.3:D OMAIN N AMES ON THE I NTERNET1. In order to address the problem of trademark cyber-piracy, each Party shall require that the management of its country-code top-level domain (ccTLD) provide an appropriate procedure for the settlement of disputes, based on the principles established in the Uniform Domain-Name Dispute-Resolution Policy.2. Each Party shall require that the management of its ccTLD provide online public access to a reliable and accurate database of contact information concerning domain-name registrants.A RTICLE 18.4:C OPYRIGHT AND R ELATED R IGHTS1. Each Party shall provide7 that authors, performers, and producers of phonograms8 have the right to authorize or prohibit9all reproductions of their works, performances,107 The Parties reaffirm that it is a matter for each Party’s law to prescribe that works and phonograms shall not be protected by copyright unless they have been fixed in some material form.8 “Authors,” “performers,” and “producers of phonograms” in this Chapter refer also to any successors in title.9 With respect to copyrights and related rights, the “right to authorize or prohibit” for purposes of this Chapter refers to exclusive rights.10 With respect to copyright and related rights, a performance for purposes of this Chapter means a performance fixed in a phonogram unless otherwise specified.and phonograms,in any manner or form, permanent or temporary (including temporary storage in electronic form).112. Each Party shall provide to authors, performers, and producers of phonograms the right to authorize or prohibit the making available to the public of the original and copies12 of their works, performances, and phonograms through sale or other transfer of ownership.3. In order to ensure that no hierarchy is established between rights of authors, on the one hand, and rights of performers and producers of phonograms, on the other hand, each Party shall provide that in cases where authorization is needed from both the author of a work embodied in a phonogram and a performer or producer owning rights in the phonogram, the need for the authorization of the author does not cease to exist because the authorization of the performer or producer is also required. Likewise, each Party shall provide that in cases where authorization is needed from both the author of a work embodied in a phonogram and a performer or producer owning rights in the phonogram, the need for the authorization of the performer or producer does not cease to exist because the authorization of the author is also required.4. Each Party shall provide that, where the term of protection of a work (including a photographic work), performance, or phonogram is to be calculated:(a) on the basis of the life of a natural person, the term shall be not less than thelife of the author and 70 years after the author’s death; and(b) on a basis other than the life of a natural person, the term shall be:(i) not less than 70 years from the end of the calendar year of the firstauthorized publication of the work, performance, or phonogram; or (ii) failing such authorized publication within 25 years from the creation of the work, performance, or phonogram, not less than 70 yearsfrom the end of the calendar year of the creation of the work,performance, or phonogram.5. Each Party shall apply Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement, mutatis mutandis, to the subject matter, rights, and obligations in this Article and Articles 18.5 and 18.6.11 Each Party shall confine limitations or exceptions to the rights described in paragraph 1 to certain special cases that do not conflict with a normal exploitation of the work, performance, or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder. For greater certainty, each Party may adopt or maintain limitations or exceptions to the rights described in paragraph 1 for fair use, as long as any such limitation or exception is confined as stated in the previous sentence.12 As used in paragraph 2, “copies” and “original and copies”, being subject to the right of distribution in this paragraph, refer exclusively to fixed copies that can be put into circulation as tangible objects.6. Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right in a work, performance, or phonogram:(a) may freely and separately transfer that right by contract; and(b) by virtue of a contract, including contracts of employment underlying thecreation of works, performances, and phonograms, shall be able to exercisethat right in that person’s own name and enjoy fully the benefits derivedfrom that right.7. (a) In order to provide adequate legal protection and effective legal remediesagainst the circumvention of effective technological measures that authors,performers, and producers of phonograms use in connection with theexercise of their rights and that restrict unauthorized acts in respect of theirworks, performances, and phonograms, each Party shall provide that anyperson who:(i) knowingly, or having reasonable grounds to know, circumventswithout authority any effective technological measure that controlsaccess to a protected work, performance, phonogram, or othersubject matter; or(ii) manufactures, imports, distributes, offers to the public, provides, orotherwise traffics in devices, products, or components, or offers tothe public or provides services, that:(A) are promoted, advertised, or marketed by that person, or byanother person acting in concert with, and with theknowledge of, that person, for the purpose of circumventionof any effective technological measure;(B) have only a limited commercially significant purpose or useother than to circumvent any effective technologicalmeasure; or(C) are primarily designed, produced, or performed for thepurpose of enabling or facilitating the circumvention of anyeffective technological measure,shall be liable and subject to the remedies set out in Article 18.10.13.13Each Party shall provide for criminal procedures and penalties to be applied 13 In addition, each Party shall provide that any person who, unknowingly and without reasonable grounds to know, circumvents without authority any effective technological measure that controls access to a protected work, performance, phonogram, or other subject matter shall be liable and subject at least to the remedies set out in subparagraphs (a), (c), and (d) of Article 18.10.13.when any person, other than a nonprofit library, archive, educationalinstitution, or public noncommercial broadcasting entity, is found to haveengaged willfully and for purposes of commercial advantage or privatefinancial gain in any of the foregoing activities. Such criminal proceduresand penalties shall include the application to such activities of the remediesand authorities listed in subparagraphs (a), (b), and (e) of Article 18.10.27as applicable to infringements, mutatis mutandis.(b) In implementing subparagraph (a), neither Party shall be obligated torequire that the design of, or the design and selection of parts andcomponents for, a consumer electronics, telecommunications, or computingproduct provide for a response to any particular technological measure, solong as the product does not otherwise violate any measures implementingsubparagraph (a).(c) Each Party shall provide that a violation of a measure implementing thisparagraph is a separate cause of action, independent of any infringementthat might occur under the Party’s law on copyright and related rights.(d) Each Party shall confine exceptions and limitations to measuresimplementing subparagraph (a) to the following activities, which shall beapplied to relevant measures in accordance with subparagraph (e):14reverseengineering activities with regard to a(i) noninfringinglawfully obtained copy of a computer program, carried out in goodfaith with respect to particular elements of that computer programthat have not been readily available to the person engaged in thoseactivities, for the sole purpose of achieving interoperability of anindependently created computer program with other programs;faithgoodactivities, carried out by an appropriately (ii)noninfringingqualified researcher who has lawfully obtained a copy, unfixedperformance, or display of a work, performance, or phonogram andwho has made a good faith effort to obtain authorization for suchactivities, to the extent necessary for the sole purpose of researchconsisting of identifying and analyzing flaws and vulnerabilities oftechnologies for scrambling and descrambling of information;(iii) the inclusion of a component or part for the sole purpose ofpreventing the access of minors to inappropriate online content in a14 Either Party may request consultations with the other Party to consider how to address, under subparagraph (d), activities of a similar nature that a Party identifies after the date this Agreement enters into force.technology, product, service, or device that itself is not prohibitedunder the measures implementing subparagraph (a)(ii);goodactivities that are authorized by the ownerfaith(iv)noninfringingof a computer, computer system, or computer network for the solepurpose of testing, investigating, or correcting the security of thatcomputer, computer system, or computer network;(v) noninfringing activities for the sole purpose of identifying anddisabling a capability to carry out undisclosed collection ordissemination of personally identifying information reflecting theonline activities of a natural person in a way that has no other effecton the ability of any person to gain access to any work;activities carried out by government employees,authorizedlawfully(vi)agents, or contractors for the purpose of law enforcement,intelligence, essential security, or similar governmental purposes;(vii) access by a nonprofit library, archive, or educational institution to awork, performance, or phonogram not otherwise available to it, forthe sole purpose of making acquisition decisions; and(viii) noninfringing uses of a work, performance, or phonogram in aparticular class of works, performances, or phonograms when anactual or likely adverse impact on those noninfringing uses isdemonstrated in a legislative or administrative proceeding bysubstantial evidence, provided that any limitation or exceptionadopted in reliance on this clause shall have effect for a renewableperiod of not more than three years from the date the proceedingconcludes.(e) The exceptions and limitations to measures implementing subparagraph (a)for the activities set forth in subparagraph (d) may only be applied asfollows, and only to the extent that they do not impair the adequacy of legalprotection or the effectiveness of legal remedies against the circumventionof effective technological measures:subparagraph (a)(i) may be subject to(i) Measuresimplementingexceptions and limitations with respect to each activity set forth insubparagraph (d).subparagraph (a)(ii), as they apply toimplementing(ii)Measureseffective technological measures that control access to a work,performance, or phonogram, may be subject to exceptions andlimitations with respect to activities set forth in subparagraph (d)(i),(ii), (iii), (iv), and (vi).(iii) Measures implementing subparagraph (a)(ii), as they apply toeffective technological measures that protect any copyright or anyrights related to copyright, may be subject to exceptions andlimitations with respect to activities set forth in subparagraph (d)(i)and (vi).(f) Effective technological measure means any technology, device, orcomponent that, in the normal course of its operation, controls access to aprotected work, performance, phonogram, or other protected subject matter,or protects any copyright or any rights related to copyright.8. In order to provide adequate and effective legal remedies to protect rights management information:(a) Each Party shall provide that any person who without authority, andknowing, or, with respect to civil remedies, having reasonable grounds toknow, that it would induce, enable, facilitate, or conceal an infringement ofany copyright or related right,(i) knowingly removes or alters any rights management information;(ii) distributes or imports for distribution rights managementinformation knowing that the rights management information hasbeen removed or altered without authority; or(iii) distributes, imports for distribution, broadcasts, communicates ormakes available to the public copies of works, performances, orphonograms, knowing that rights management information has beenremoved or altered without authority,shall be liable and subject to the remedies set out in Article 18.10.13. EachParty shall provide for criminal procedures and penalties to be applied whenany person, other than a nonprofit library, archive, educational institution,or public noncommercial broadcasting entity, is found to have engagedwillfully and for purposes of commercial advantage or private financial gainin any of the foregoing activities. These criminal procedures and penaltiesshall include the application to such activities of the remedies andauthorities listed in subparagraphs (a), (b), and (e) of Article 18.10.27 asapplicable to infringements, mutatis mutandis.(b) Each Party shall confine exceptions and limitations to measuresimplementing subparagraph (a) to lawfully authorized activities carried outby government employees, agents, or contractors for the purpose of lawenforcement, intelligence, essential security, or similar governmentalpurposes.。
中文IMO resolution (2010-1-1 to 2010-7-1) list
MSC.270(85)
MSC.201(81)
1974 SOLAS公约修正 案 ADOPTION OF AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED MEPC.184(59) 经修订的废气清洁系统 导则 2009 GUIDELINES FOR EXHAUST GAS CLEANING SYSTEMS MSC.207(81) LAS规则 ADOPTION OF AMENDMENTS TO THE INTERNATIONAL LIFE-SAVING APPLIANCE (LSA) CODE MEPC.181(59) 经修订MARPOL附则VI 的2009年港口国检查导 则 2009 GUIDELINES FOR PORT STATE CONTROL UNDER THE REVISED MARPOL ANNEX VI MSC.201(81) 1974 SOLAS公约修正 案 ADOPTION OF AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED MSC.269(85) 1974SOLAS公约修正 案 ADOPTION OF AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED MEPC.185(59) VOC管理计划制定导则 GUIDELINES FOR THE DEVELOPMENT OF A VOC MANAGEMENT PLAN
航海英语 (8)
Unit 08 Documents and Reports for Port State Control港口检查与文件报告I GeneralI通则In the absence of valid certificates or documents or after the establishment of clear grounds , the port State control officer will:在缺乏有效证书或文件，或在明显依据成立以后，港口检察官将做以下事情：.1 conduct a more detailed inspection in the area(s) where clear grounds were established;.1 在明显依据成立的地方进行更加详细的检查；.2 carry out a more detailed inspection in other area at random;.2在其他区域随意抽查一个地区进行更好的检查；.3 and include further checking of compliance with on-board operational requirements..3还包括遵守船上运行要求更深一步的检查II Procedures for inspection of ship structural and equipment requirements检查船舶结构与设备的程序要求2.1 The port State control officer’s impression of hull maintenance and the general state on deck , the condition of such items as ladder ways, guard-rails, pipe coverings and areas of corrosion or pitting will influence the port State control officer’s decision as to whether it is necessary to make the fullest possible examination of the structure with the ship afloat.Significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting seaworthiness or strength to take local loads , may justify detention . It may be necessary for the underwater portion of the ship to be checked. In reaching a decision , the port State control officer will have regard to the seaworthiness and not the age of the ship , making an allowance for fair wear and tear over the minimum acceptable scantlings . Damage not affecting seaworthiness will constitute grounds for judging that a ship should be detained, nor will damage that has been temporarily but effectively repaired for a voyage to a port for permanent repairs . However , in this assessment of crew accommodation and whether the damage substantially affects its habitability.检察官对船体维护和总个甲板状态的印象，对于以下结构的状态，如梯道、安全栏、管道盖板和锈蚀区都将影响检察官决定船舶在航行中是否需要对结构进行全面检查，受损或生锈明显区域，船舶板上的凹槽和辅助甲板的加固以及船体适航行和局部载重强度，都不应作为扣留的证据，检查水下部分船体也可能是必要的。
What is due care Who has due care Do I need DEQ …
Due care means taking action to protect people from contact with contamination, allow the safe redevelopment of contaminated property, and prevent spreading the contamination off your property. Exposure to contamination can come through breathing contaminated vapors, drinking contaminated water, or contacting contaminated soils.
What do I do if my property is contaminated?
Evaluate your property uses, determine if people may be exposed to the contamination and what actions could be taken to prevent the exposure, and comply with the other due care obligations. The DEQ has a spreadsheet available to aid in this evaluation. Environmental professionals often assist with this process.
An Introduction to Michigan’s due care requirements
Michigan Department of Environmental Quality Remediation Division
21CFR177.2600_Rubber_04
Food and Drug Administration, HHS §177.2600(c) Supports. Suitable supports for re-verse osmosis membranes are mate-rials permitted for such use by regula-tions in parts 170 through 186 of this chapter, substances generally recog-nized as safe in food, and substances used in accordance with a prior sanc-tion or approval.(d) Conditions of use. (1) Reverse os-mosis membranes described in para-graphs (a)(1), (a)(2), (a)(3), and (a)(5) of this section may be used in contact with all types of liquid food at tem-peratures up to 80 °C (176 °F).(2) Reverse osmosis membranes de-scribed in paragraph (a)(4) of this sec-tion may be used in contact with all types of liquid food, except food con-taining more than 8 percent alcohol, at temperatures up to 80 °C (176 °F).(3) Reverse osmosis membranes shall be maintained in a sanitary manner in accordance with current good manufac-turing practice so as to prevent micro-bial adulteration of food.(4) To assure their safe use, reverse osmosis membranes and their supports shall be thoroughly cleaned prior to their first use in accordance with cur-rent good manufacturing practice.[49 FR 49448, Dec. 20, 1984, as amended at 52 FR 29668, Aug. 11, 1987; 53 FR 31835, Aug. 22, 1988; 53 FR 32215, Aug. 24, 1988; 55 FR 8139, Mar. 7, 1990; 59 FR 9925, Mar. 2, 1994]§177.2600Rubber articles intended for repeated use.Rubber articles intended for repeated use may be safely used in producing, manufacturing, packing, processing, preparing, treating, packaging, trans-porting, or holding food, subject to the provisions of this section.(a) The rubber articles are prepared from natural and/or synthetic polymers and adjuvant substances as described in paragraph (c) of this section.(b) The quantity of any substance employed in the production of rubber articles intended for repeated use shall not exceed the amount reasonably re-quired to accomplish the intended ef-fect in the rubber article and shall not be intended to accomplish any effect in food.(c) Substances employed in the prep-aration of rubber articles include the following, subject to any limitations prescribed:(1) Substances generally recognizedas safe for use in food or food pack-aging.(2) Substances used in accordance with the provisions of a prior sanctionor approval.(3) Substances that by regulation in parts 170 through 189 of this chapter may be safely used in rubber articles, subject to the provisions of such regu-lation.(4) Substances identified in this para-graph (c)(4), provided that any sub-stance that is the subject of a regula-tion in parts 174, 175, 176, 177, 178 and§179.45 of this chapter conforms withany specification in such regulation.(i) Elastomers.Acrylonitrile-butadiene copolymer.Brominated isobutylene-isoprene copolymers complying with §177.1210.Butadiene-acrylonitrile-ethylene glycol dimethacrylate copolymers containing notmore than 5 weight percent of polymerunits derived from ethylene glycol dimethacrylate.Butadiene-acrylonitrile-methacrylic acid co-polymer.Butadiene-styrene-methacrylic acid copoly-mer.Chloroprene polymers.Chlorotrifluoroethylene-vinylidene fluoride copolymer.Ethylene-propylene copolymer elastomers which may contain not more than 5 weight-percent of total polymer units de-rived from 5-methylene-2-norbornene and/or 5-ethylidine-2-norbornene.Ethylene-propylene-dicyclopentadiene co-polymer.Ethylene-propylene-1,4-hexadiene copoly-mers containing no more than 8 weight percent of total polymer units derived from 1,4-hexadiene.Hydrogenated butadiene/acrylonitrile co-polymers (CAS Reg. No. 88254–10–8) pro-duced when acrylonitrile/butadiene copoly-mers are modified by hydrogenation of the olefinic unsaturation to leave either: (1)Not more than 10 percent trans olefinic unsaturation and no a, b-olefinic unsaturation as determined by a method entitled ‘‘Determination of Residual a, b- Olefinic and Trans Olefinic Unsaturation Levels in HNBR,’’ developed October 1, 1991, by Polysar Rubber Corp., 1256 SouthVidal St., Sarnia, Ontario, Canada N7T7MI; or (2) 0.4 percent to 20 percent olefinic unsaturation and Mooney viscosities great-er than 45 (ML 1 + 4 @ 100 °C), as deter-mined by ASTM Standard Method D1646–92, ‘‘Standard Test Method for Rubber— Viscosity and Vulcanization Characteris-tics (Mooney Viscometer),’’ which are both21 CFR Ch. I (4–1–04 Edition) §177.2600incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Cop-ies of these methods may be obtained from the Division of Petition Control (HFS–215), Center for Food Safety and Applied Nutri-tion, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, or may be examined at the Center for Food Safety and Applied Nutrition’s Li-brary, 5100 Paint Branch Pkwy., College Park, MD 20740, or at the Office of the Fed-eral Register, 800 North Capitol St. NW., suite 700, Washington, DC. A copy of ASTM Standard Method D1646–92 may also be ob-tained from the American Society for Test-ing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428–2959. Isobutylene-isoprene copolymer.Polyamide/polyether block copolymers (CAS Reg. No. 77402–38–1 prepared by reacting a copolymer of omega-laurolactam and adipic acid with poly(tetramethylene ether gly-col). The polyamide and polyether compo-nents are reacted in ratios such that the polyamide component constitutes a min-imum of 30 weight-percent of total polymer units. The copolymers may be used in con-tact with foods of Types I, II, III, IV, V, VI, VII, VIII, and IX identified in table 1 of §176.170(c) of this chapter at temperatures not to exceed 150 °F except that those co-polymers prepared with less than 50 weight-percent of polyamide are limited to use in contact with such foods at tempera-tures not to exceed 100 °F.Polybutadiene.Polyester elastomers derived from the reac-tion of dimethyl terephthalate, 1,4- butanediol, and a-hydro-omega- hydroxypoly (oxytetramethylene). Addi-tionally, trimethyl trimellitate may be used as a reactant. The polyester elastomers may be used only in contact with foods containing not more than 8 per-cent alcohol and limited to use in contact with food at temperatures not exceeding 150 °F.Polyisoprene.Polyurethane resins (CAS Reg. Nos. 37383–28–1 or 9018–04–6) derived from the reaction of diphenylmethane diisocyanate with 1,4- butanediol and polytetramethylene ether glycol.Polyurethane resins derived from reactions of diphenylmethane diisocyanate with adipic acid and 1,4-butanediol.Rubber, natural.Silicone basic polymer as described in ASTM method D1418–81, ‘‘Standard Practice for Rubber and Rubber Latices—Nomen-clature,’’ which is incorporated by ref-erence. Copies may be obtained from the American Society for Testing Materials, 1916 Race St., Philadelphia, PA 19103, or may be examined at the Office of the Fed-eral Register, 800 North Capitol Street, NW., suite 700, Washington, DC 20408.Silicone (Si) elastomers containing methylgroups.Silicone (Psi) elastomers containing meth-yl and phenyl groups.Silicone (Vsi) elastomers containing meth-yl and vinyl groups.Silicone (Fsi) elastomers containing meth-yl and fluorine groups.Silicone (PVsi) elastomers containingphenyl, methyl, and vinyl groups.Styrene-butadiene copolymer.Vinylidene fluoride-hexafluoropropylene co-polymers (minimum number average mo-lecular weight 70,000 as determined by os-motic pressure in methyl ethyl ketone).Vinylidene fluoride-hexafluoropropylene- tetrafluoroethylene copolymers (minimumnumber average molecular weight 100,000as determined by osmotic pressure inmethyl ethyl ketone).(ii) Vulcanization materials—(a) Vul-canizing agents.4,4′-Bis(aminocyclohexyl)methane carbamatefor use only as cross-linking agent in thevulcanization of vinylidene fluoridehexafluoropropylene copolymerand vinylidene fluoride- hexafluoropropylene-tetrafluoroethylenecopolymer elastomers identified underparagraph (c)(4)(i) of this section and lim-ited to use at levels not to exceed 2.4 per-cent by weight of such copolymers.Diisopropyl xanthogen polysulfide (a 1:2:1mixture of O,O-di(1-methylethyl)trithio-bis-thioformate, O,O-di(1- methylethyl)tetrathio-bis-thioformate,and O,O-di(1-methylethyl)pentathio-bis-thioformate) for use as a cross linkingagent in the vulcanization of natural rub-ber, styrene-butadiene copolymer, acrylo-nitrile-butadiene copolymer, and ethylene-propylene terpolymers identified underparagraph (c)(4)(i) of this section and lim-ited to use at levels not to exceed 2.4 per-cent by weight of such copolymers.Hexamethylenediamine carbamate for useonly as cross-linking agent in the vul-canization of vinylidene fluoride- hexafluoropropylene copolymer and vinyli-dene fluoride-hexafluoropropylene-tetra-fluoroethylene copolymer elastomers iden-tified under paragraph (c)(4)(i) of this sec-tion and limited to use at levels not to ex-ceed 1.5 percent by weight of such copoly-mers.Sulfur, ground.(b) Accelerators (total not to exceed 1.5percent by weight of rubber product).2-Benzothiazyl-N,N-diethylthiocarbamyl-sul-fide.Benzoyl peroxide.1,3-Bis(2-benzothiazolylmercaptomethyl)urea.N-tert-Butyl-2-benzothiazole sulfenamide.Food and Drug Administration, HHS §177.2600Butyraldehyde-aniline resin (iodine number 670–705).Carbon disulfide-1,1′-methylenedipiperidine reaction product.Copper dimethyldithiocarbamate. N-Cyclohexyl-2-benzothiazole sulfenamide. Dibenzoyl -p-quinone dioxime.Dibenzylamine.Diisopropyl xanthogen polysulfide (a 1:2:1mixture of O,O-di(1-methylethyl)trithio- bis-thioformate, O,O-di(1- methylethyl)tetrathio-bis-thioformate, and O,O-di(1-methylethyl)pentathio-bis- thioformate). Di (4-methylbenzoyl) peroxide (CAS Reg. No. 895–85–2) for use only as a crosslinking agent in silicone polymers and elastomers identified under paragraph (c)(4)(i) of thissection at levels not to exceed 1 percent by weight of such polymers and elastomers where the total of all accelerators does not exceed 1.5 percent by weight of rubber product. Di -tert-butyl peroxide. Dibutyl xanthogen disulfide. 2,4-Dichlorobenzoyl peroxide. Dicumyl peroxide. N,N-Dimethylcyclohexylamine salt of dibutyldithiocarbamic acid. 2,6-Dimethylmorpholine thiobenzothiazol. Dipentamethylenethiuram hexasulfide (CASReg. No. 971–15–3).Diphenylguanidine.Diphenylguanidine phthalate. 1,3-Diphenyl-2-thiourea.2,2′-Dithiobis[benzothiazole].4,4′-Dithiodimorpholine.N,N ′-Di -o-tolylguanidine.Di -o-tolylguanidine salt ofpyrocatecholborate.Ethylenediamine carbamate.Heptaldehyde-aniline resin (iodine number430–445).Hexamethylenetetramine.2-Mercaptobenzothiazole.2-Mercaptothiazoline.N-Oxydiethylene-benzothiazole-2-sulfenamide.Piperidinium pentamethylenedithiocarba- mate.Potassium pentamethylenedithiocarbamate.p-Quinone dioxime.Sodium dibutyldithiocarbamate.Sodium dimethyldithiocarbamate.Stannous oleate for use only as an accel-erator for silicone elastomers.Tetrabutylthiuram monosulfide.Tetraethylthiuram disulfide.(1,1,4,4-Tetramethyltetramethylene)bis [tert-butyl peroxide].Tetramethylthiuram monosulfide.Thiram (tetramethylthiuram disulfide).Triallyl cyanurate.Triethylenetetramine.1,3,5-Triethyl-hexahydro -s-triazine(triethyltrimethylenetriamine).Triphenylguanidine.Zinc butyl xanathate.Zinc dibenzyl dithiocarbamate. Zinc dibutyldithiocarbamate.Zinc diethyldithiocarbamate. Zinc 2-mercaptobenzothiazole. Ziram (zinc dimethyldithiocarbamate). (c ) Retarders (total not to exceed 10 per-cent of weight of rubber product). Cyanoguanidine. Phthalic anhydride. Salicylic acid. (d ) Activators (total not to exceed 5 per-cent by weight of rubber product except magnesium oxide may be used at higher levels). Diethylamine.Fatty acid amines, mixed. Fatty acids.Magnesium carbonate. Magnesium oxide, light and heavy. Oleic acid, dibutylamine salt (dibutylammonium oleate). Stannous chloride. Tall oil fatty acids. Tetrachloro -p-benzoquinone. Triethanolamine. Zinc salts of fatty acids. (iii) Antioxidants and antiozonants (total not to exceed 5 percent by weight of rubber product). Aldol -a-naphthylamine. Alkylated (C 4and/or C 8) phenols. BHT (butylated hydroxytoluene). 4-[[4,6-bis(octylthio)-s -triazin-2-yl]amino]- 2,6-di-tert -butylphenol (CAS Reg. No. 991– 84–4) for use only as a stabilizer at levels not to exceed 0.5 percent by weight of the finished rubber product. Butylated reaction product of p -cresol and dicyclopentadiene as identified in §178.2010(b) of this chapter. Butylated, styrenated cresols identified in §178.2010(b) of this chapter. 4,4′-Butylidinebis(6-tert-butyl -m-cresol). N-Cyclohexyl-N ′-phenylphenylenediamine. p,p ′-Diaminodiphenylmethane. 2,5-Di -tert-amylhydroquinone. Diaryl -p-phenylenediamine, where the aryl group may be phenyl, tolyl, or xylyl. 2,6-Di -tert-butyl -p-phenylphenol. 1,2-Dihydro-2,2,4-trimethyl-6- dodecylquinoline. 1,2-Dihydro-2,2,4-trimethyl-6- ethoxyquinoline. 1,2-Dihydro-2,2,4-trimethyl-6- phenylquinoline. 4,4′-Dimethoxydiphenylamine. 4,6-Dinonyl -o-cresol. N,N ′-Dioctyl -p-phenylenediamine. Diphenylamine-acetone resin. Diphenylamine-acetone-formaldehyde resin. N,N ′-Diphenylethylenediamine.21 CFR Ch. I (4–1–04 Edition)§177.2600 N,N ′-Disalicylalpropylenediamine. N,N ′-Di -o-tolylethylenediamine.Hydroquinone monobenzyl ether.Isopropoxydiphenylamine.N -Isopropyl -N ′-phenyl -p-phenylenediamine.2,2′-Methylenebis(6-tert-butyl-4-ethylphenol).2,2′-Methylenebis(4-methyl-6-tert-butyl-phenol).2,2′-Methylenebis(4-methyl-6-nonylphenol).2,2′-Methylenebis(4-methyl-6-tert-octylphenol).Monooctyl- and dioctyldiphenylamine.N,N ′-Di-b -naphthyl -p-phenylenediamine.Phenyl -a-naphthylamine.Phenyl-b -naphthylamine.Phenyl-b -naphthylamine-acetone aromatic amine resin (average molecular weight 600; nitrogen content 5.3 percent).o- and p-Phenylphenol.Polybutylated (mixture) 4,4′-isopropylidenediphenol.Sodium pentachlorophenate.Styrenated cresols produced when 2 moles ofstyrene are made to react with 1 mole of amixture of phenol and o-, m-, and p-cresolsso that the final product has a Brookfieldviscosity at 25 °C of 1400 to 1700 centipoises.Styrenated phenol.4,4′-Thiobis (6-tert -butyl -m-cresol).Toluene-2,4-diamine.N-o-Tolyl-N ′-phenyl -p-phenylenediamine.p(p-Tolylsufanilamide) diphenylamine.Tri(mixed mono- and dinonylphenyl) phosphite.Tri(nonylphenyl) phosphite-formaldehyderesins produced when 1 mole of tri(nonylphenyl) phosphite is made to react with 1.4 moles of formaldehyde orproduced when 1 mole of nonylphenol ismade to react with 0.36 mole of formalde-hyde and the reaction product is then fur-ther reacted with 0.33 mole of phosphorustrichloride. The finished resins have a min-imum viscosity of 20,000 centipoises at 25°C, as determined by LV–series Brookfieldviscometer (or equivalent) using a No. 4spindle at 12 r.p.m., and have an organicphosphorus content of 4.05 to 4.15 percent by weight.(iv) Plasticizers (total not to exceed 30 percent by weight of rubber product un-less otherwise specified).n -Amyl n -decyl phthalate. Butylacetyl ricinoleate. n -Butyl ester of tall oil fatty acids. Butyl laurate. Butyl oleate. Butyl stearate. Calcium stearate. Castor oil. Coumarone-indene resins. 2,2′-Dibenzamidodiphenyl disulfide. Dibenzyl adipate. Dibutoxyethoxyethyl adipate. Dibutyl phthalate. Dibutyl sebacate.Didecyl adipate. Didecyl phthalate. Diisodecyl adipate. Diisodecyl phthalate. Diisooctyl adipate. Diisooctyl sebacate. Dioctyl adipate. Dioctyl phthalate. Dioctyl sebacate. Dipentene resin. Diphenyl ketone. Fatty acids. Fatty acids, hydrogenated. Isooctyl ester of tall oil fatty acids. Lanolin.a -Methylstyrene-vinyltoluene copolymerresins (molar ratio 1 a -methylstyrene to 3 vinyltoluene). Mineral oil; (1) In rubber articles complying with this section, not to exceed 30 percent by weight; (2) Alone or in combination with waxes, petroleum, total not to exceed 45 percent by weight of rubber articles that contain at least 20 percent by weight of ethylene-propylene copolymer elastomer complying with paragraph (c)(4)(i) of this section, in contact with foods of Types I, II, III, IV, VI, VII, VIII, and IX idenified in table 1 of §176.170(c) of this chapter. Montan wax. n -Octyl n -decyl adipate. n -Octyl n -decyl phthalate.Petrolatum. Petroleum hydrocarbon resin (cyclopentadiene type), hydrogenated.Petroleum hydrocarbon resin (produced bythe homo- and copolymerization of dienes and olefins of the aliphatic, alicyclic, and monobenzenoid arylalkene types from dis-tillates of cracked petroleum stocks). Petroleum hydrocarbon resin (produced by the catalytic polymerization and subse-quent hydrogenation of styrene, vinyltoluene, and indene types from dis-tillates of cracked petroleum stocks). Petroleum oil, sulfonated. Phenol-formaldehyde resin.Pine tar. Polybutene.Polystyrene.Propylene glycol.n -Propyl ester of tall oil fatty acids. Rapeseed oil vulcanized with rubber maker’ssulfur. Rosins and rosin derivatives identified in §175.105(c)(5) of this chapter. Soybean oil vulcanized with rubber maker’s sulfur. Styrene-acrylonitrile copolymer. Terpene resins. Triethylene glycol dicaprate. Triethylene glycol dicaprylate. Waxes, petroleum. Xylene (or toluene) alkylated with dicyclopentadiene. Zinc 2-benzamidothiophenate.Food and Drug Administration, HHS §177.2600(v) Fillers.Aluminum hydroxide.Aluminum silicate.Asbestos fiber, chrysotile or crocidolite.Barium sulfate.Carbon black (channel process or furnace combustion process; total carbon black notto exceed 50 percent by weight of rubber product; furnace combustion black content not to exceed 10 percent by weight of rub-ber products intended for use in contact with milk or edible oils).Cork.Cotton (floc, fibers, fabric).Mica.Nylon (floc, fibers, fabric).Silica.Titanium dioxide.Zinc carbonate.Zinc sulfide.(vi) Colorants. Colorants used in ac-cordance with §178.3297 of this chapter. (vii) Lubricants (total not to exceed 2 percent by weight of rubber product). Polyethylene.Sodium stearate.(viii) Emulsifiers.Fatty acid salts, sodium or potassium. Naphthalene sulfonic acid-formaldehyde con-densate, sodium salt.Rosins and rosin-derivatives identified in §175.105(c)(5) of this chapter.Sodium decylbenzenesulfonateSodium dodecylbenzenesulfonateSodium lauryl sulfate.Tall oil mixed soap (calcium, potassium, and sodium).(ix) Miscellaneous (total not to exceed 5 percent by weight of rubber product).Animal glue as described in §178.3120 of this chapter.Azodicarbonamide as chemical blowing agent.2-Anthraquinone sulfonic acid sodium salt for use only as polymerization inhibitor in chloroprene polymers and not to exceed 0.03 percent by weight of the chloroprene polymers.1,2-Benzisothiazolin-3-one (CAS Reg. No. 2634–33–5) for use as a biocide in uncured liquid rubber latex not to exceed 0.02 per-cent by weight of the latex solids, where the total of all items listed in paragraph (c)(4)(ix) of this section does not exceed 5 percent of the rubber product.n-Butyllithium for use only as polymeriza-tion catalyst for polybutadiene.4-tert-Butyl-o-thiocresol as peptizing agent.tert-Butyl peracetate.p-tert-Butylpyrocatechol.Dialkyl (C8-C18Di- and triethanolamine. Diethyl xanthogen disulfide.4-(Diiodomethylsulfonyl) toluene, Chemical Abstracts Service Registry No. 20018–09–01,for use as an antifungal preservative at levels not to exceed 0.3 percent by weightof the sealants and caulking materials. Dodecyl mercaptan isomers, single or mixed.2-Ethoxyethanol.Iodoform.p-Menthane hydroperoxide.a-(p-Nonylphenyl)-omega-hydroxypoly (oxy-ethylene) mixture of dihydrogen phosphate and monohydrogen phosphate esters, bar-ium salt; the nonyl group is a propylene trimer isomer and the poly (oxyethylene) content averages 9 moles; for use only as residual polymerization emulsifier at lev-els not to exceed 0.7 percent by weight of ethylene-propylene-1,4-hexadiene copoly-mers identified under paragraph (c)(4)(i) of this section.4,4′-Oxybis (benzenesulfonhydrazide) as chemical blowing agent.Phenothiazine.Potassium persulfate.Sodium formaldehyde sulfoxylate.Sodium polysulfide.Sodium nitrite.Sodium salt of ethylenediamine tetraacetic acid and glycine.Sodium sulfide.Styrene monomer.Tall oil.Thioxylenois as peptizing agents.Tridecyl mercaptan.Zinc 4-tert-butylthiophenate as peptizing agent.(d) Rubber articles intended for use with dry food are so formulated and cured under conditions of good manu-facturing practice as to be suitable for repeated use.(e) Rubber articles intended for re-peated use in contact with aqueous food shall meet the following specifica-tions: The food-contact surface of the rubber article in the finished form in which it is to contact food, when ex-tracted with distilled water at reflux temperature, shall yield total extrac-tives not to exceed 20 milligrams per square inch during the first 7 hours of extraction, nor to exceed 1 milligram per square inch during the succeeding 2 hours of extraction.(f) Rubber articles intended for re-peated use in contact with fatty foods shall meet the following specifications: The food-contact surface of the rubber article in the finished form in which itis to contact food, when extracted withn-hexane at reflux temperature, shall yield total extractives not to exceed21 CFR Ch. I (4–1–04 Edition) §177.2710175 milligrams per square inch during the first 7 hours of extraction, nor to exceed 4 milligrams per square inch during the succeeding 2 hours of ex-traction.(g) In accordance with good manufac-turing practice finished rubber articles intended for repeated use in contact with food shall be thoroughly cleansed prior to their first use in contact with food.(h) The provisions of this section are not applicable to rubber nursing-bottle nipples.(i) Acrylonitrile copolymers identi-fied in this section shall comply with the provisions of §180.22 of this chap-ter.[42 FR 14572, Mar. 15, 1977]E DITORIAL N OTE: ForF EDERAL R EGISTER ci-tations affecting §177.2600, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.§177.2710Styrene-divinylbenzene res-ins, cross-linked.Styrene-divinylbenzene cross-linked copolymer resins may be safely used as articles or components of articles in-tended for repeated use in producing, manufacturing, packing, processing, preparing, treating, packaging, trans-porting, or holding food, in accordance with the following prescribed condi-tions:(a) The resins are produced by the co-polymerization of styrene with divinylbenzene.(b) The resins meet the extractives limitations prescribed in this para-graph:(1) The resins to be tested are groundor cut into small particles that will pass through a U.S. standard sieve No.3 and that will be held on a U.S. stand-ard sieve No. 20.(2) A 100-gram sample of the resins, when extracted with 100 milliliters of ethyl acetate at reflux temperature for1 hour, yields total extractives not to exceed 1 percent by weight of the res-ins. (c) In accordance with good manufac-turing practice, finished articles con-taining the resins shall be thoroughlycleansed prior to their first use in con-tact with food.§177.2800Textiles and textile fibers.Textiles and textile fibers may safelybe used as articles or components of ar-ticles intended for use in producing,manufacturing, packing, processing,preparing, treating, packaging, trans-porting, or holding food, subject to theprovisions of this section.(a) The textiles and textile fibers areprepared from one or more of the fibersidentified in paragraph (d) of this sec-tion and from certain other adjuvantsubstances required in the productionof the textiles or textile fibers or addedto impart desired properties.(b) The quantity of any adjuvant sub-stance employed in the production oftextiles or textile fibers does not ex-ceed the amount reasonably requiredto accomplish the intended physical ortechnical effect or any limitation fur-ther provided.(c) Any substance employed in theproduction of textiles or textile fibersthat is the subject of a regulation inparts 174, 175, 176, 177, 178 and §179.45 ofthis chapter conforms with any speci-fication in such regulation.(d) Substances employed in the pro-duction of or added to textiles and tex-tile fibers may include:(1) Substances generally recognizedas safe in food.(2) Substances subject to prior sanc-tion or approval for use in textiles andtextile fibers and used in accordancewith such sanction or approval.(3) Substances generally recognizedas safe for use in cotton and cotton fab-rics used in dry-food packaging.(4) Substances that by regulation inthis part may safely be used in the pro-duction of or as a component of tex-tiles or textile fibers and subject toprovisions of such regulation.(5) Substances identified in this para-graph (d)(5), subject to such limitationsas are provided:List of substances Limitations(i) Fibers:Cotton.。
国际海事组织颁布公约一览表
国际海事组织颁布公约一览表国际海事组织颁布公约一览表1、1974年国际海上人命安全公约(Internation Convention for the Safety of Life at Sea, 1974, 修正于1974年(SOLAS)) 1980年5月25日2、1974年国际海上人命安全公约1978年议定书（SOLAS PROT (amended) 1978）1981年5月1日3、1974年国际海上人命安全公约1988年议定书（SOLAS PROT ( (HSSC) 1988）2002年02月03日4、1972年国际海上避碰规则公约（Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended (COLREGS (amended) 1972)5、1973年国际防止船舶污染公约（International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 thereto (MARPOL (amended) 71/78)）1983年10月2日6、1965年国际便利海上运输公约（Convention on Facilitation of International Maritime Traffic, 1965, as amended (FAL (amended) 1965)）1967年3月5日7、1966年国际载重线公约（International Convention on Load Lines, 1966 (LL 1966)）1968年7月21日8、1966年国际载重线公约1988年议定书（LL PROT (HSSC) 1988）2005年01月01日9、1969年国际船舶吨位丈量公约（International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 1969)）1982年7月18日10、1969年国际干预公海油污事件公约（International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (INTERVENTION 1969)）1975年5月6日11、1973年国际干预公海非油污类物质污染议定书（Protocol relating to Intervention on the High Seas in Cases of Pollution by substances other than Oil, 1973, as amended (INTERVENTION PROT (amended) 1973 ) 1983年3月30日12、1969年国际油污损害民事责任公约（International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC 1969)）1975年6月19日13、1969年国际油污损害民事责任公约1976年议定书（CLC PROT 1976）1981年4月8日14、1969年国际油污损害民事责任公约1992年议定书（CLC PORT 1992）1996年5月30日15、1971年特种业务客船协定（Special Trade Passenger Ships Agreement, 1971 (STP 1971)）1974年1月2日16、1973年特种业务客船舱室要求议定书（Protocol on Space Requirements for Special Trade Passenger Ships, 1973 (SPACESTP 1973)）1977年6月2日17、1971年核材料运输民事责任公约（Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, 1971 (NUCLEAR 1971)）1975年7月15日18、1971年关于设立国际油污损害赔偿基金国际公约（International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (FUND 1971)）1978年10月16日19、1971年关于设立国际油污损害赔偿基金国际公约1976年议定书（FUND PROT 1976）1994年11月22日20、1971年关于设立国际油污损害赔偿基金国际公约1992年议定书（FUND PROT 1992）1996年5月30日21、1972年国际集装箱安全公约（International Convention for Safe Container, 1972, as amended (CSC (amended) 1972)）1977年9月6日22、1974年海运旅客及行李雅典公约（Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (PAL 1976)）1987年4月28日23、1974年海运旅客及行李雅典公约1976年议定书（PALPORT 1976）1989年4月30日24、1974年海运旅客及行李雅典公约1990年议定书（PAL PORT 1990）尚未生效25、国际海事卫星组织公约（Convention on the International Maritime Satellite Organization (INMARSAT), as amended (INMARSAT C (amended)) 1979年7月16日26、国际海事卫星组织业务协定（Operating Agreement on the International Maritime Satellite Organization (INMARSAT), as amended (INMARSAT OA (amended)) 1979年7月16日27、1976年海事索赔责任限制公约（Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976)）1986年12月1日28、1976年海事索赔责任限制公约1996年议定书（LLMC PROT 1996）尚未生效29、1977年国际捕鱼船安全Torremolinos公约1993年Torremolinos 议定书（SFV PROT 1993）尚未生效30、1978年海员培训、发证和值班标准国际公约（International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW (amended) 1978)）1984年4月28日31、1995年捕鱼船职员培训、发证和值班标准国际公约（International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995(STCW-F)）尚未生效32、1979年国际海上搜寻救助公约（International Convention onMaritime Search and Rescue, 1979 (SAR 1979)）1985年6月22日33、1988年制止危及海上航行安全非法行为公约（Convention for the suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA 1988)）1992年3月1日34、1988年制止危及海上航行安全非法行为公约议定书（SUA PROT 1988）1992年3月1日35、1989年国际救助公约（International Convention on Salvage, 1989 (SALVAGE 1989)）1996年7月14日36、1990年国际油污防备、反应和合作公约（International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC 1990)）1995年5月13日37、1996年关于与危险品及有毒物品海上运输相关的责任及损害赔偿国际公约（International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS 1996)）尚未生效38、1993年海上留置权和抵押权国际公约（International Convention on Maritime Liens and Mortgages, 1993, 于UN/IMO 代表大会上通过）尚未生效39、1972年防止倾倒废料及其他物质污染海洋公约（Convention on the Prevention of Marine Pollution by Dumping of Wastes andOther Matter, 1972, as amended (LC (amended) 1972)）1975年8月30日。
欧洲药典适用性证书的变更更新的管理程序 中英对照 2013.07.13
Procedures for management of revisions/renewals of certificates of suitability to the European Pharmacopoeia monographs Certification of suitability to Monographs of the European Pharmacopoeia欧洲药典适用性证书PROCEDURES FOR MANAGEMENT OF REVISIONS/RENEWALS OF CERTIFICATES OF SUITABILITY TO THE EUROPEAN PHARMACOPOEIAMONOGRAPHS欧洲药典适用性证书的变更/更新的管理程序Introduction:介绍This document should be read in conjunction with the EDQM “Guideline on Requirements on Revision/Renewal of Certificates of Suitability to the European Pharmacopoeia monographs”(PA/PH/CEP (04) 2, as amended), which describes the conditions to be fulfilled as well as the documentation to be submitted for each request for revision.此文件应该与EDQM的“欧洲药典适用性证书修订与更新规定指南” (PA/PH/CEP (04) 2)联合起来阅读，后者描述了每个变更所要求满足的条件，以及要提供的文件资料。
The procedures for the management of revisions of certificates of suitability (CEPs) are described below and have been revised according to the revised European Regulation for Variations to Marketing Authorisation Applications.对于CEP证书变更管理的程序，在下面进行了描述，并且按照新修订的欧洲市场授权申请的有关法规进行了修订。
欧盟关于电池相关指令汇集——中英文
Whereas provision should be made for consumer information in this field;
鉴于确定对于在告知消费者分开收集和循环使用的信息的规定。
Whereas provision should be made for appropriate procedures to implement the provisions of this Directive, particularly the making system, and to ensure that the Directive can be easily adapted to scientific and technical progress; whereas the committee referred to in Article 18 of Directive 75/442/EEC should be instructed to assist the Commission in these tasks,
欧盟电池指令(91/157/EC)
Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances
1991年3月18日委员会《关于电池和蓄电池含某些危险物质的指令（91/157/EEC）》
whereas the Commission should be informed of these programmes and of the specific measures taken;
GATT1994中英
1994年关税与贸易总协定（英文版）GENERAL AGREEMENT ON TARIFFS AND TRADE 19941. The General Agreement on Tariffs and Trade 1994 ("GATT 1994") shall consist of:(a) the provisions in the General Agreement on Tariffs and Trade, dated 30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment (excluding the Protocol of Provisional Application), as rectified, amended or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement;(b) the provisions of the legal instruments set forth below that have entered into force under the GATT 1947 before the date of entry into force of the WTO Agreement:(i) protocols and certifications relating to tariff concessions;(ii) protocols of accession (excluding the provisions (a) concerning provisional application and withdrawal of provisional application and (b) providing that Part II of GATT 1947 shall be applied provisionally to the fullest extent not inconsistent with legislation existing on the date of the Protocol);(iii) decisions on waivers granted under Article XXV of GATT 1947 and still in force on the date of entry into force of the WTO Agreement ;(iv) other decisions of the CONTRACTING PARTIES to GATT 1947;(c) the Understandings set forth below:(i) Understanding on the Interpretation of Article II:1(b) of the General Agreement on Tariffs and Trade 1994;(ii) Understanding on the Interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994;(iii) Understanding on Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994;(iv) Understanding on the Interpretation of Article XXIV of the General Agreement on Tariffs and Trade 1994;(v) Understanding in Respect of Waivers of Obligations under the General Agreement on Tariffs and Trade 1994;(vi) Understanding on the Interpretation of Article XXVIII of the General Agreement on Tariffs and Trade 1994; and(d) the Marrakesh Protocol to GATT 1994.2. Explanatory Notes(a) The references to "contracting party" in the provisions of GATT 1994 shall be deemed to read "Member". The references to "less-developed contracting party" and "developed contracting party" shall be deemed to read "developing country Member" and "developed country Member". The references to "Executive Secretary" shall be deemed to read "Director-General of the WTO".(b) The references to the CONTRACTING PARTIES acting jointly in Articles XV:1, XV:2, XV:8, XXXVIII and the Notes Ad Article XII and XVIII; and in the provisions on special exchange agreements in Articles XV:2, XV:3, XV:6, XV:7 and XV:9 of GATT 1994 shall be deemed to be references to the WTO. The other functions that the provisions of GATT 1994 assign to the CONTRACTING PARTIES acting jointly shall be allocated by the Ministerial Conference.(c) (i) The text of GATT 1994 shall be authentic in English, French and Spanish.(ii) The text of GATT 1994 in the French language shall be subject to the rectifications of terms indicated in Annex A to document MTN.TNC/41.(iii) The authentic text of GATT 1994 in the Spanish language shall be the text in Volume IV of the Basic Instruments and Selected Documents series, subject to the rectifications of terms indicated in Annex B to document MTN.TNC/41.3. (a) The provisions of Part II of GATT 1994 shall not apply to measures taken by a Member under specific mandatory legislation, enacted by that Member before it became a contracting party to GATT 1947, that prohibits the use, sale or lease of foreign-built or foreign-reconstructed vessels in commercial applications between points in national waters or the waters of an exclusive economic zone. This exemption applies to: (a) the continuation or prompt renewal of a non-conforming provision of such legislation; and (b) the amendment to a non-conforming provision of such legislation to the extent that the amendment does not decrease the conformity of the provision with Part II of GATT 1947. This exemption is limited to measures taken under legislation described above that is notified and specified prior to the date of entry into force of the WTO Agreement. If such legislation is subsequently modified to decrease its conformity with Part II of GATT 1994, it will no longer qualify for coverage under this paragraph.(b) The Ministerial Conference shall review this exemption not later than five years after the date of entry into force of the WTO Agreement and thereafter every two years for as long as the exemption is in force for the purpose of examining whether the conditions which created the need for the exemption still prevail.(c) A Member whose measures are covered by this exemption shall annually submit a detailed statistical notification consisting of a five-year moving average of actual and expected deliveries of relevant vessels as well as additional information on the use, sale, lease or repair of relevant vessels covered by this exemption.(d) A Member that considers that this exemption operates in such a manner as to justify a reciprocal and proportionate limitation on the use, sale, lease or repair of vessels constructed in the territory of the Member invoking the exemption shall be free to introduce such a limitation subject to prior notification to the Ministerial Conference.(e) This exemption is without prejudice to solutions concerning specific aspects of the legislation covered by this exemption negotiated in sectoral agreements or in other fora.UNDERSTANDING ON THE INTERPRETATION OF ARTICLE II:1(b)OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members hereby agree as follows:1. In order to ensure transparency of the legal rights and obligations deriving from paragraph 1(b) of Article II, the nature and level of any "other duties or charges" levied on bound tariff items, as referred to in that provision, shall be recorded in the Schedules of concessions annexed to GATT 1994 against the tariff item to which they apply. It is understood that such recording does not change the legal character of "other duties or charges".2. The date as of which "other duties or charges" are bound, for the purposes of Article II, shall be 15 April 1994. "Other duties or charges" shall therefore be recorded in the Schedules at the levels applying on this date. At each subsequent renegotiation of a concession or negotiation of a new concession the applicable date for the tariff item in question shall become the date of the incorporation of the new concession in the appropriate Schedule. However, the date of the instrument by which a concession on any particular tariff item was first incorporated into GATT 1947 or GATT 1994 shall also continue to be recorded in column 6 of the Loose-Leaf Schedules.3. "Other duties or charges" shall be recorded in respect of all tariff bindings.4. Where a tariff item has previously been the subject of a concession, the level of "other duties or charges" recorded in the appropriate Schedule shall not be higher than the level obtaining at the time of the first incorporation of the concession in that Schedule. It will be open to any Member to challenge the existence of an "other duty or charge", on the ground that no such "other duty or charge" existed at the time of the original binding of the item in question, as well as the consistency of the recorded level of any "other duty or charge" with the previouslybound level, for a period of three years after the date of entry into force of the WTO Agreement or three years after the date of deposit with the Director-General of the WTO of the instrument incorporating the Schedule in question into GATT 1994, if that is a later date.5. The recording of "other duties or charges" in the Schedules is without prejudice to their consistency with rights and obligations under GATT 1994 other than those affected by paragraph 4. All Members retain the right to challenge, at any time, the consistency of any "other duty or charge" with such obligations.6. For the purposes of this Understanding, the provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Dispute Settlement Understanding shall apply.7. "Other duties or charges" omitted from a Schedule at the time of deposit of the instrument incorporating the Schedule in question into GATT 1994 with, until the date of entry into force of the WTO Agreement, the Director-General to the CONTRACTING PARTIES to GATT 1947 or, thereafter, with the Director-General of the WTO, shall not subsequently be added to it and any "other duty or charge" recorded at a level lower than that prevailing on the applicable date shall not be restored to that level unless such additions or changes are made within six months of the date of deposit of the instrument.8. The decision in paragraph 2 regarding the date applicable to each concession for the purposes of paragraph 1(b) of Article II of GATT 1994 supersedes the decision regarding the applicable date taken on 26 March 1980 (BISD 27S/24).UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XVIIOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members,Noting that Article XVII provides for obligations on Members in respect of the activities of the state trading enterprises referred to in paragraph 1 of Article XVII, which are required to be consistent with the general principles of non-discriminatory treatment prescribed in GATT 1994 for governmental measures affecting imports or exports by private traders;Noting further that Members are subject to their GATT 1994 obligations in respect of those governmental measures affecting state trading enterprises;Recognizing that this Understanding is without prejudice to the substantive disciplines prescribed in Article XVII;Hereby agree as follows:1. In order to ensure the transparency of the activities of state trading enterprises, Members shall notify such enterprises to the Council for Trade in Goods, for review by the working party to be set up under paragraph 5, in accordance with the following working definition: "Governmental and non-governmental enterprises, including marketing boards, which have been granted exclusive or special rights or privileges, including statutory or constitutional powers, in the exercise of which they influence through their purchases or sales the level or direction of imports or exports."This notification requirement does not apply to imports of products for immediate or ultimate consumption in governmental use or in use by an enterprise as specified above and not otherwise for resale or use in the production of goods for sale.2. Each Member shall conduct a review of its policy with regard to the submission of notifications on state trading enterprises to the Council for Trade in Goods, taking account of the provisions of this Understanding. In carrying out such a review, each Member should have regard to the need to ensure the maximum transparency possible in its notifications so as to permit a clear appreciation of the manner of operation of the enterprises notified and the effect of their operations on international trade.3. Notifications shall be made in accordance with the questionnaire on state trading adopted on 24 May 1960 (BISD 9S/184-185), it being understood that Members shall notify the enterprises referred to in paragraph 1 whether or not imports or exports have in fact taken place.4. Any Member which has reason to believe that another Member has not adequately met its notification obligation may raise the matter with the Member concerned. If the matter is not satisfactorily resolved it may make a counter-notification to the Council for Trade in Goods, for consideration by the working party set up under paragraph 5, simultaneously informing the Member concerned.5. A working party shall be set up, on behalf of the Council for Trade in Goods, to review notifications and counter-notifications. In the light of this review and without prejudice to paragraph 4(c) of Article XVII, the Council for Trade in Goods may make recommendations with regard to the adequacy of notifications and the need for further information. The working party shall also review, in the light of the notifications received, the adequacy of the above-mentioned questionnaire on state trading and the coverage of state trading enterprises notified under paragraph 1. It shall also develop an illustrative list showing the kinds of relationships between governments and enterprises, and the kinds of activities, engaged in by these enterprises, which may be relevant for the purposes of Article XVII. It is understood that the Secretariat will provide a general background paper for the working party on the operations of state trading enterprises as they relate to international trade. Membership of the working party shall be open to all Members indicating their wish to serve on it. It shall meet within a year of the date of entry into force of the WTO Agreement and thereafter at least once a year. It shall report annually to the Council for Trade in Goods.UNDERSTANDING ON THE BALANCE-OF-PAYMENTS PROVISIONSOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members,Recognizing the provisions of Articles XII and XVIII:B of GATT 1994 and of the Declaration on Trade Measures Taken for Balance-of-Payments Purposes adopted on 28 November 1979 (BISD 26S/205-209, referred to in this Understanding as the "1979 Declaration") and in order to clarify such provisions ;Hereby agree as follows:Application of Measures1. Members confirm their commitment to announce publicly, as soon as possible, time-schedules for the removal of restrictive import measures taken for balance-of-payments purposes. It is understood that such time-schedules may be modified as appropriate to take into account changes in the balance-of-payments situation. Whenever a time-schedule is not publicly announced by a Member, that Member shall provide justification as to the reasons therefor.2. Members confirm their commitment to give preference to those measures which have the least disruptive effect on trade. Such measures (referred to in this Understanding as "price-based measures") shall be understood to include import surcharges, import deposit requirements or other equivalent trade measures with an impact on the price of imported goods. It is understood that, notwithstanding the provisions of Article II, price-based measures taken for balance-of-payments purposes may be applied by a Member in excess of the duties inscribed in the Schedule of that Member. Furthermore, that Member shall indicate the amount by which the price-based measure exceeds the bound duty clearly and separately under the notification procedures of this Understanding.3. Members shall seek to avoid the imposition of new quantitative restrictions for balance-of-payments purposes unless, because of a critical balance-of-payments situation, price-based measures cannot arrest a sharp deterioration in the external payments position. In those cases in which a Member applies quantitative restrictions, it shall provide justification as to the reasons why price-based measures are not an adequate instrument to deal with the balance-of-payments situation. A Member maintaining quantitative restrictions shall indicate insuccessive consultations the progress made in significantly reducing the incidence and restrictive effect of such measures. It is understood that not more than one type of restrictive import measure taken for balance-of-payments purposes may be applied on the same product.4. Members confirm that restrictive import measures taken for balance-of-payments purposes may only be applied to control the general level of imports and may not exceed what is necessary to address the balance-of-payments situation. In order to minimize any incidental protective effects, a Member shall administer restrictions in a transparent manner. The authorities of the importing Member shall provide adequate justification as to the criteria used to determine which products are subject to restriction. As provided in paragraph 3 of Article XII and paragraph 10 of Article XVIII, Members may, in the case of certain essential products, exclude or limit the application of surcharges applied across the board or other measures applied for balance-of-payments purposes. The term "essential products" shall be understood to mean products which meet basic consumption needs or which contribute to the Member''s effort to improve its balance-of-payments situation, such as capital goods or inputs needed for production. In the administration of quantitative restrictions, a Member shall use discretionary licensing only when unavoidable and shall phase it out progressively. Appropriate justification shall be provided as to the criteria used to determine allowable import quantities or values.Procedures for Balance-of-Payments Consultations5. The Committee on Balance-of-Payments Restrictions (referred to in this Understanding as the "Committee") shall carry out consultations in order to review all restrictive import measures taken for balance-of-payments purposes. The membership of the Committee is open to all Members indicating their wish to serve on it. The Committee shall follow the procedures for consultations on balance-of-payments restrictions approved on 28 April 1970 (BISD 18S/48-53, referred to in this Understanding as "full consultation procedures"), subject to the provisions set out below.6. A Member applying new restrictions or raising the general level of its existing restrictions by a substantial intensification of the measures shall enter into consultations with the Committee within four months of the adoption of such measures. The Member adopting such measures may requestthat a consultation be held under paragraph 4(a) of Article XII or paragraph 12(a) of Article XVIII as appropriate. If no such request has been made, the Chairman of the Committee shall invite the Member to hold such a consultation. Factors that may be examined in the consultation would include, inter alia, the introduction of new types of restrictive measures for balance-of-payments purposes, or an increase in the level or product coverage of restrictions.7. All restrictions applied for balance-of-payments purposes shall be subject to periodic review in the Committee under paragraph 4(b) of Article XII or under paragraph 12(b) of Article XVIII, subject to the possibility of altering the periodicity of consultations in agreement with the consulting Member or pursuant to any specific review procedure that may be recommended by the General Council.8. Consultations may be held under the simplified procedures approved on 19 December 1972 (BISD 20S/47-49, referred to in this Understanding as "simplified consultation procedures") in the case of least-developed country Members or in the case of developing country Members which are pursuing liberalization efforts in conformity with the schedule presented to the Committee in previous consultations. Simplified consultation procedures may also be used when the Trade Policy Review of a developing country Member is scheduled for the same calendar year as the date fixed for the consultations. In such cases the decision as to whether full consultation procedures should be used will be made on the basis of the factors enumerated in paragraph 8 of the 1979 Declaration. Except in the case of least-developed country Members, no more than two successive consultations may be held under simplified consultation procedures.Notification and Documentation9. A Member shall notify to the General Council the introduction of or any changes in the application of restrictive import measures taken for balance-of-payments purposes, as well as any modifications in time-schedules for the removal of such measures as announced under paragraph 1. Significant changes shall be notified to the General Council prior to or not later than 30 days after their announcement. On a yearly basis, each Member shall make available to the Secretariat a consolidated notification, including all changes in laws, regulations, policystatements or public notices, for examination by Members. Notifications shall include full information, as far as possible, at the tariff-line level, on the type of measures applied, the criteria used for their administration, product coverage and trade flows affected.10. At the request of any Member, notifications may be reviewed by the Committee. Such reviews would be limited to the clarification of specific issues raised by a notification or examination of whether a consultation under paragraph 4(a) of Article XII or paragraph 12(a) of Article XVIII is required. Members which have reasons to believe that a restrictive import measure applied by another Member was taken for balance-of-payments purposes may bring the matter to the attention of the Committee. The Chairman of the Committee shall request information on the measure and make it available to all Members. Without prejudice to the right of any member of the Committee to seek appropriate clarifications in the course of consultations, questions may be submitted in advance for consideration by the consulting Member.11. The consulting Member shall prepare a Basic Document for the consultations which, in addition to any other information considered to be relevant, should include: (a) an overview of the balance-of-payments situation and prospects, including a consideration of the internal and external factors having a bearing on the balance-of-payments situation and the domestic policy measures taken in order to restore equilibrium on a sound and lasting basis; (b) a full description of the restrictions applied for balance-of-payments purposes, their legal basis and steps taken to reduce incidental protective effects; (c) measures taken since the last consultation to liberalize import restrictions, in the light of the conclusions of the Committee; (d) a plan for the elimination and progressive relaxation of remaining restrictions. References may be made, when relevant, to the information provided in other notifications or reports made to the WTO. Under simplified consultation procedures, the consulting Member shall submit a written statement containing essential information on the elements covered by the Basic Document.12. The Secretariat shall, with a view to facilitating the consultations in the Committee, preparea factual background paper dealing with the different aspects of the plan for consultations. In the case of developing country Members, the Secretariat document shall include relevant background and analytical material on the incidence of the external trading environment on thebalance-of-payments situation and prospects of the consulting Member. The technical assistance services of the Secretariat shall, at the request of a developing country Member, assist in preparing the documentation for the consultations.Conclusions of Balance-of-Payments Consultations13. The Committee shall report on its consultations to the General Council. When full consultation procedures have been used, the report should indicate the Committee''s conclusions on the different elements of the plan for consultations, as well as the facts and reasons on which they are based. The Committee shall endeavour to include in its conclusions proposals for recommendations aimed at promoting the implementation of Articles XII and XVIII:B, the 1979 Declaration and this Understanding. In those cases in which a time-schedule has been presented for the removal of restrictive measures taken for balance-of-payments purposes, the General Council may recommend that, in adhering to such a time-schedule, a Member shall be deemed to be in compliance with its GATT 1994 obligations. Whenever the General Council has made specific recommendations, the rights and obligations of Members shall be assessed in the light of such recommendations. In the absence of specific proposals for recommendations by the General Council, the Committee''s conclusions should record the different views expressed in the Committee. When simplified consultation procedures have been used, the report shall include a summary of the main elements discussed in the Committee and a decision on whether full consultation procedures are required.UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XXIVOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members,Having regard to the provisions of Article XXIV of GATT 1994;Recognizing that customs unions and free trade areas have greatly increased in number and importance since the establishment of GATT 1947 and today cover a significant proportion of world trade;Recognizing the contribution to the expansion of world trade that may be made by closer integration between the economies of the parties to such agreements;Recognizing also that such contribution is increased if the elimination between the constituent territories of duties and other restrictive regulations of commerce extends to all trade, and diminished if any major sector of trade is excluded;Reaffirming that the purpose of such agreements should be to facilitate trade between the constituent territories and not to raise barriers to the trade of other Members with such territories; and that in their formation or enlargement the parties to them should to the greatest possible extent avoid creating adverse effects on the trade of other Members;Convinced also of the need to reinforce the effectiveness of the role of the Council for Trade in Goods in reviewing agreements notified under Article XXIV, by clarifying the criteria and procedures for the assessment of new or enlarged agreements, and improving the transparency of all Article XXIV agreements;Recognizing the need for a common understanding of the obligations of Members under paragraph 12 of Article XXIV;Hereby agree as follows:1. Customs unions, free-trade areas, and interim agreements leading to the formation of a customs union or free-trade area, to be consistent with Article XXIV, must satisfy, inter alia, the provisions of paragraphs 5, 6, 7 and 8 of that Article.Article XXIV:52. The evaluation under paragraph 5(a) of Article XXIV of the general incidence of the duties and other regulations of commerce applicable before and after the formation of a customs union shall in respect of duties and charges be based upon an overall assessment of weighted average tariff rates and of customs duties collected. This assessment shall be based on import statistics for a previous representative period to be supplied by the customs union, on a tariff-line basis and in values and quantities, broken down by WTO country of origin. The Secretariat shall compute the weighted average tariff rates and customs duties collected in accordance with the methodology used in the assessment of tariff offers in the Uruguay Round of Multilateral Trade Negotiations. For this purpose, the duties and charges to be taken into consideration shall be the applied rates of duty. It is recognized that for the purpose of the overall assessment of the incidence of other regulations of commerce for which quantification and aggregation are difficult, the examination of individual measures, regulations, products covered and trade flows affected may be required.3. The "reasonable length of time" referred to in paragraph 5(c) of Article XXIV should exceed 10 years only in exceptional cases. In cases where Members parties to an interim agreement believe that 10 years would be insufficient they shall provide a full explanation to the Council for Trade in Goods of the need for a longer period.Article XXIV:64. Paragraph 6 of Article XXIV establishes the procedure to be followed when a Member forminga customs union proposes to increase a bound rate of duty. In this regard Members reaffirm that the procedure set forth in Article XXVIII, as elaborated in the guidelines adopted on 10 November 1980 (BISD 27S/26-28) and in the Understanding on the Interpretation of Article XXVIII of GATT 1994, must be commenced before tariff concessions are modified or withdrawn upon the formation of a customs union or an interim agreement leading to the formation of a customs union.5. These negotiations will be entered into in good faith with a view to achieving mutually satisfactory compensatory adjustment. In such negotiations, as required by paragraph 6 of Article XXIV, due account shall be taken of reductions of duties on the same tariff line made by other constituents of the customs union upon its formation. Should such reductions not be sufficient。
德国破产法(E)
德国破产法（英）Insolvency Statute (Insolvenzordnung, InsO)Promulgated on 5 October 1994, as last amended on 1 January 2002.Insolvency Statute - ContentsPart One: General Provisions1. Section 1: Objectives of the Insolvency Proceedings2. Section 2: Jurisdiction of the Local Court as Insolvency Court3. Section 3: Local Jurisdiction4. Section 4: Applicability of the Code of Civil Procedure (Zivilprozessordnung)5. Section 4a: Deferment of the Cost of the Insolvency Proceedings6. Section 4b: Repayment and Adjustment of the Deferred Amounts7. Section 4c: Rescission of Deferment8. Section 4d: Legal recourse9. Section 5: Principles of the Insolvency Proceedings10. Section 6: Immediate Appeal11. Section 7: Appeal on Points of Law12. Section 8: Service13. Section 9: Publication14. Section 10: Hearing of the DebtorPart Two: Opening of Insolvency Proceedings. Involved Assets and Parties Chapter One: Prerequisites of Opening and Opening Proceedings1. Section 11: Admissibility of Insolvency Proceedings2. Section 12: Corporations under Public Law3. Section 13: Request to Open Insolvency Proceedings4. Section 14: Request by the Creditor5. Section 15: Entitlement to Request the Opening of Insolvency Proceedings for Assets Owned by Corporations and for the Assets Owned by Companies without Legal Personality6. Section 16: Reason to Open Insolvency Proceedings7. Section 17: Illiquidity8. Section 18: Imminent Illiquidity9. Section 19: Overindebtedness10. Section 20: Obligation of Disclosure During the Opening Proceeding, Reference to Discharge of Residual Debt11. Section 21: Decisions Ordering Arrestment12. Section 22: Legal Status of the Temporary Insolvency Administrator13. Section 23: Publication of Restriction on Property Transfers14. Section 24: Effects of Restrictions on Property Transfers15. Section 25: Repeal of Measures of Arrestment16. Section 26: Refusal for Lacking Assets17. Section 27: Order Opening the Insolvency Proceedings18. Section 28: Requirements Incumbent on the Creditors and Debtors19. Section 29: Docketing of Meetings20. Section 30: Publication of the Order Opening the Insolvency Proceedings.21. Section 31: Commercial Register, Register of Cooperatives and Register of Associations22. Section 32: Land Register23. Section 33: Ship/Aircraft Register24. Section 34: AppealChapter Two: Assets Involved in the Insolvency Proceedings. Classification ofCreditors1. Section 35: Definition of the Assets Involved in the Insolvency Proceedings2. Section 36: Objects not Subject to Attachment3. Section 37: Joint Marital Property of a Community4. Section 38: Definition of the Creditors of the Insolvency Proceedings5. Section 39: Lower ranking Creditors of the Insolvency Proceedings6. Section 40: Claims to Maintenance7. Section 41: Immature Claims8. Section 42: Claims Subject to a Resolutory Condition9. Section 43: Liability Incumbent on Several Persons10. Section 44: Rights of Obligors Liable Jointly and Severally and of Guarantors11. Section 45: Conversion of Claims12. Section 46: Recurring Payments13. Section 47: Right to Separation14. Section 48: Right to Separation Extending to the Consideration Received as a Substitute for the Object of Separation15. Section 49: Separate Satisfaction from Immovables16. Section 50: Separate Satisfaction of Pledgees17. Section 51: Other creditors with a Claim to Separate Satisfaction18. Section 52: Elimination of Creditors with a Right to Separate Satisfaction19. Section 53: Creditors of the Assets Involved in the Insolvency Proceedings20. Section 54: Costs of the Insolvency Proceedings21. Section 55: Other Debts incumbent on the Assets Involved in the Insolvency ProceedingsChapter Three: Insolvency Administrator Bodies Representing the Creditors1. Section 56: Designation of an Insolvency Administrator2. Section 57: Election of a Different Insolvency Administrator3. Section 58: Supervision by the Insolvency Court4. Section 59: Dismissal of the Insolvency Administrator5. Section 60: Liability of the Insolvency Administrator6. Section 61: Nonperformance of Debts incumbent on the Assets Involved in the Insolvency Proceedings7. Section 62: Period of Limitation8. Section 63: Remuneration of the Insolvency Administrator9. Section 64: Determination by the Insolvency Court10. Section 65: Empowerment to issue an Order11. Section 66: Rendering of Accounts12. Section 67: Establishment of the Creditors' Committee13. Section 68: Election of Different Members14. Section 69: Duties Incumbent on the Creditors' Committee15. Section 70: Dismissal16. Section 71: Liability of the Members of the Creditors' Committee17. Section 72: Decisions of the Creditors' Committee18. Section 73: Remuneration of the Members of the Creditors' Committee19. Section 74: Convening the Creditors' Assembly20. Section 75: Request to Convene a Creditors' Assembly21. Section 76: Decisions of the Creditors' Assembly22. Section 77: Determination of Voting Right23. Section 78: Repeal of a Decision taken by the Creditors' Assembly24. Section 79: Information to the Creditors' AssemblyPart Three: Effects of the Opening of Insolvency ProceedingsChapter One: General Effects1. Section 80: Right to Manage and Transfer the Assets Involved in the Insolvency Proceedings Vested in the Insolvency Administrator2. Section 81: Transfers of Property by the Debtor3. Section 82: Performance in Favour of the Debtor4. Section 83: Decedent's Estate. Continued Community5. Section 84: Liquidation of a Company or a Community6. Section 85: Joinder of Pending Actions as Plaintiff7. Section 86: Joinder of Certain Pending Actions as Defendant8. Section 87: Claims Held by the Creditors of the Insolvency Proceedings9. Section 88: Execution prior to the Opening of Insolvency Proceedings10. Section 89: Prohibition of Execution11. Section 90: Prohibition of Execution under Debts incumbent on the Assets Involved in the Insolvency Proceedings12. Section 91: Exclusion of other Acquisition of Rights13. Section 92: General Damage14. Section 93: Unlimited Liability of Partners15. Section 94: Preservation of the Right to Set Off a Claim16. Section 95: Acquisition of the Right to Set Off a Claim During the Proceedings17. Section 96: Prohibition of Set-Off18. Section 97: The Debtor's Obligation to Disclosure and Cooperation19. Section 98: Imposition of the Duties of the Debtor20. Section 99: Interception of the Debtor's Mail21. Section 100: Maintenance Payments using the Assets Involved in the Insolvency Proceedings22. Section 101: Members of the Body Representing the Debtor. Employees23. Section 102: Restriction of a Basic RightChapter Two: Performance of Transactions. Cooperation of the Works Council1. Section 103: Option to be Exercised by the Insolvency Administrator2. Section 104: Fixed-date Transactions. Financial Futures3. Section 105: Severable Contracts4. Section 106: Priority Notice5. Section 107: Retention of Title6. Section 108: Continuity of Severable Contracts7. Section 109: Debtor's Status as Tenant or Lessee8. Section 110: Debtor's Status as Landlord or Lessor9. Section 111: Sale of Property Let by the Debtor10. Section 112: Prohibition to Terminate Tenancy or Lease Contracts11. Section 113: Termination of a Service contract12. Section 114: Emoluments from a Service contract13. Section 115: Expiry of Mandates14. Section 116: Expiry of Management Contracts15. Section 117: Expiry of Proxies16. Section 118: Liquidation of Companies17. Section 119: Invalidity of Agreements Derogating from the Foregoing Provisions18. Section 120: Termination of Plant Agreements19. Section 121: Plant Modifications and Conciliatory Proceeding20. Section 122: Judicial Approval of a Plant Modification21. Section 123: Scope of the Social Plan22. Section 124: Social Plan Established prior to the Opening of Insolvency Proceedings23. Section 125: Reconciliation of Interests and Dismissals Protection24. Section 126: Judicial Orders Deciding on Dismissal Protection25. Section 127: Action brought by the Employee26. Section 128: Sale of PlantChapter Three: Contest of the Debtor's Transactions in Insolvency Proceedings1. Section 129: Policy2. Section 130: Congruent Coverage3. Section 131: Incongruent Coverage4. Section 132: Transactions Immediately Disadvantaging the Creditors of the Insolvency Proceedings5. Section 133: Wilful Disadvantage6. Section 134: Gratuitous Benefit7. Section 135: Loans Replacing Equity Capital8. Section 136: Silent Partnership9. Section 137: Payments on Bills of Exchange and Cheques10. Section 138: Persons with a Close Relationship to the Debtor11. Section 139: Calculation of Time Periods prior to the Request to Open Insolvency Proceedings12. Section 140: Date of Performance of Transaction13. Section 141: Executable Deed14. Section 142: Cash Transactions15. Section 143: Legal Consequences16. Section 144: Claims of the Party to the Contested Transaction17. Section 145: Transactions Contested and Enforced against Legal Successors18. Section 146: Limitation of the Right to Contest19. Section 147: Transactions carried out subsequent to the Opening of Insolvency ProceedingsPart Four: Management and Disposition of the Assets Involved in the InsolvencyProceedingsChapter One: Arrestment of the Assets Involved in the Insolvency Proceedings1. Section 148: Transfer of the Assets Involved in the Insolvency Proceedings2. Section 149: Objects of Value3. Section 150: Sealing4. Section 151: Record of the Assets Involved in the Insolvency Proceedings5. Section 152: Record of Creditors6. Section 153: Survey of Property7. Section 154: Deposit with the Registry of the Insolvency Court8. Section 155: Accounting under Commercial and Fiscal LawsChapter Two: Decision on Disposition1. Section 156: Report Meeting2. Section 157: Decision on the Further Proceedings3. Section 158: Measures taken prior to the Decision4. Section 159: Disposition of the Assets Involved in the Insolvency Proceedings5. Section 160: Transactions of Particular Importance6. Section 161: Provisional Prohibition of the Transaction7. Section 162: Sale of Plant to Persons with Specific Interests8. Section 163: Sale of Plant below Value9. Section 164: Legal Validity of the TransactionChapter Three: Objects Subject to a Right to Separate Satisfaction1. Section 165: Disposition of Immovables2. Section 166: Disposition of Movables3. Section 167: Notification of the Creditor4. Section 168: Notification of Envisaged Sale5. Section 169: Protection of the Creditor Against Delayed Disposition6. Section 170: Distribution of Proceeds7. Section 171: Calculation of the Contribution to Costs8. Section 172: Other Use of Movables9. Section 173: Disposition by the CreditorPart Five: Satisfaction of the Creditors of the Insolvency Proceedings.Discontinuation of the proceedingsChapter One: Determination of Claims1. Section 174: Filing of Claims2. Section 175: Schedule3. Section 176: Proceedings of the Verification Meeting4. Section 177: Subsequent Filings5. Section 178: Prerequisites and Effects of Determination of Claims6. Section 179: Denied Claims7. Section 180: Competence for the Determination of Claims8. Section 181: Scope of Determination9. Section 182: Value of Action10. Section 183: Effect of the Decision11. Section 184: Action to Enforce a Claim Denied by the Debtor12. Section 185: Special Jurisdiction13. Section 186: Restitutio in IntegrumChapter Two: Distribution1. Section 187: Satisfaction of the Creditors of the Insolvency Proceedings2. Section 188: Distribution Record3. Section 189: Consideration of Denied Claims4. Section 190: Consideration of Creditors with a Right to Separate Satisfaction5. Section 191: Consideration of Conditional Claims6. Section 192: Subsequent Consideration7. Section 193: Amendments to the Distribution Record8. Section 194: Objections to the Distribution Record9. Section 195: Determination of a Fraction10. Section 196: Final Distribution11. Section 197: Final Meeting12. Section 198: Deposit of Retained Funds13. Section 199: Surplus Resulting from Final Distribution14. Section 200: Termination of the Insolvency Proceedings15. Section 201: Rights of the Creditors of the Insolvency Proceedings subsequent to Termination16. Section 202: Jurisdiction for Actions to Enable Execution17. Section 203: Judicial Order to Hold Delayed Distribution18. Section 204: Appeal19. Section 205: Implementation of a Delayed Distribution20. Section 206: Exclusion of the Creditors of the Assets Involved in the Insolvency ProceedingsChapter Three: Discontinuation of Insolvency Proceedings1. Section 207: Discontinuation for Lacking Assets Involved in the Insolvency Proceedings2. Section 208: Notification of Lacking Assets Involved in the Insolvency Proceedings3. Section 209: Satisfaction of the Creditors of the Assets Involved in the Insolvency Proceedings4. Section 210: Prohibition of Execution5. Section 211: Discontinuation upon Notification of Lacking Assets Involved in the Insolvency Proceedings6. Section 212: Discontinuation for Subsequent Lack of Grounds to Open Insolvency Proceedings7. Section 213: Discontinuation with the Creditor's Consent8. Section 214: Discontinuation Procedure9. Section 215: Publication and Legal Effects of Discontinuation10. Section 216: AppealPart Six: Insolvency PlanChapter One: Establishment of the Plan1. Section 217: Policy2. Section 218: Submission of the Insolvency Plan3. Section 219: Breakdown of the Plan4. Section 220: Declaratory Part5. Section 221: Constructive Part6. Section 222: Formation of Groups7. Section 223: Rights of Creditors Entitled to Separate Satisfaction8. Section 224: Rights of the Creditors of the Insolvency Proceedings9. Section 225: Rights of Lower-ranking Creditors of the Insolvency Proceedings10. Section 226: Equal Treatment of Parties Involved11. Section 227: Debtor's Liability12. Section 228: Modification of Conditions under Property Law13. Section 229: Survey of Assets. Earnings and Finance Plan14. Section 230: Further Attachments15. Section 231: Refusal of the Plan16. Section 232: Comments on the Plan17. Section 233: Suspension of Disposition and Distribution18. Section 234: Laying Out of PlanChapter Two: Acceptance and Confirmation of the Plan1. Section 235: Discussion and Voting Meeting2. Section 236: Coincidence with the Verification Meeting3. Section 237: Voting Right of the Creditors of the Insolvency Proceedings4. Section 238: Voting Right of Creditors Entitled to Separate Satisfaction5. Section 239: Voting List6. Section 240: Modification of the Plan7. Section 241: Separate Voting Meeting8. Section 242: Voting in Writing9. Section 243: Voting by Groups10. Section 244: Necessary Majorities11. Section 245: Prohibition to Obstruct12. Section 246: Consent of Lower-ranking Creditors of the Insolvency proceedings13. Section 247: Debtor's Consent14. Section 248: Confirmation by the Court15. Section 249: Conditioned Plan16. Section 250: Contravention of procedural Provisions17. Section 251: Protection of Minorities18. Section 252: Publication of Decision19. Section 253: AppealChapter Three: Effects of the Confirmed Plan. Surveillance of Implementation of thePlan1. Section 254: General Effects of the Plan2. Section 255: Proviso of Revival3. Section 256: Denied Claims. Remaining Claims4. Section 257: Execution under the Plan5. Section 258: Termination of the Insolvency proceedings6. Section 259: Effects of Termination7. Section 260: Surveillance of Implementation of the Plan8. Section 261: Tasks and Rights of the Insolvency Administrator9. Section 262: Obligation to Disclosure incumbent on the Insolvency Administrator10. Section 263: Transaction requiring Consent11. Section 264: Loan Ceiling12. Section 265: Lower-ranking Status of New Creditors13. Section 266: Consideration of Lower-ranking Status14. Section 267: Publication of Surveillance15. Section 268: Termination of Surveillance16. Section 269: Costs of SurveillancePart Seven: Personal Management1. Section 270: Prerequisites2. Section 271: Subsequent Order3. Section 272: Repeal of the Order4. Section 273: Publication5. Section 274: Legal Status of the Custodian6. Section 275: Consent of the Custodian7. Section 276: Consent of the Creditors' Committee8. Section 277: Ordering the Requirement of Consent9. Section 278: Funds for the Debtor's Livelihood10. Section 279: Mutual Contracts11. Section 280: Liability. Contest of the Debtor's Transactions in Insolvency Proceedings12. Section 281: Notification of Creditors13. Section 282: Disposition of Securities14. Section 283: Satisfaction of the Creditors of the Insolvency Proceedings15. Section 284: Insolvency Plan16. Section 285: Lacking Assets Involved in the Insolvency ProceedingsPart Eight: Discharge of Residual Debt1. Section 286: Policy2. Section 287: Debtor's Request3. Section 288: Right of Proposal4. Section 289: Decision by the Insolvency Court5. Section 290: Refusal of Discharge of Residual Debt6. Section 291: Notification of Discharge of Residual Debt7. Section 292: Legal Status of Trustee8. Section 293: Trustee's Remuneration9. Section 294: Equal Treatment of Creditors10. Section 295: Obligations of the Debtor11. Section 296: Contravention of Obligations12. Section 297: Insolvency Offences13. Section 298: Coverage of the Trustee's Minimum Remuneration14. Section 299: Expiry before Date15. Section 300: Decision on Discharge of Residual Debt16. Section 301: Effect of Discharge of Residual Debt17. Section 302: Excepted Claims18. Section 303: Retraction of Discharge of Residual DebtPart Nine: Consumer Insolvency Proceedings and other Minor ProceedingsChapter One: Scope of Application1. Section 304: PrincipleChapter Two: Plan for the Settlement of Debts1. Section 305: Debtor's Request to open Insolvency Proceedings2. Section 305: a Failure of Out-of-Court Debt Settlement3. Section 306: Suspension of Proceedings4. Section 307: Service on the Creditors5. Section 308: Acceptance of the Plan for the Settlement of Debts6. Section 309: Replacement of Approval7. Section 310: CostsChapter Three: Simplified Insolvency Proceedings1. Section 311: Initiation of the Proceedings concerning Opening of Insolvency Proceedings2. Section 312: General Procedural Simplifications3. Section 313: Trustees4. Section 314: Simplified DistributionPart Ten: Special Types of Insolvency ProceedingChapter One: Insolvency Proceeding of a Decedent's Estate1. Section 315: Local Jurisdiction2. Section 316: Admissibility of the Opening of Insolvency Proceedings3. Section 317: Persons Entitled to Request the Opening of Insolvency Proceedings4. Section 318: Entitlement to Make the Request for the Joint Marital Property5. Section 319: Request Deadline6. Section 320: Reasons for Opening7. Section 321: Execution following Succession8. Section 322: Contestable Transactions on the Part of' the Heir9. Section 323: The Heir's Expenses10. Section 324: Debts incumbent on the Assets Involved in the Insolvency Proceedings11. Section 325: Obligations incumbent on the Estate12. Section 326: The Heirs' Claims13. Section 327: Lower-ranking Obligations14. Section 328: Restituted Objects15. Section 329: Revisionary Succession16. Section 330: Purchase of a Decedent's Estate17. Section 331: Simultaneous Insolvency of the HeirChapter Two: Insolvency Proceedings relating to the Joint Marital Property withContinued Community1. Section 332: Transfer to Insolvency Proceedings opened for an EstateChapter Three: Insolvency Proceedings relating to the Jointly Administered JointMarital Property of a Community1. Section 333: Right to file a Request. Grounds for Opening Proceedings2. Section 334: Personal Liability of the SpousesPart Eleven: Entering into Force1. Section 335: Referral to Introductory ActInsolvency Statute (Insolvenzordnung, InsO)Part One: General ProvisionsSection 1: Objectives of the Insolvency ProceedingsThe insolvency proceedings shall serve the purpose of collective satisfaction of a debtor's creditors by liquidation of the debtor's assets and by distribution of the proceeds, or by reaching an arrangement in an insolvency plan, particularly in order to maintain the enterprise. Honest debtors shall be given the opportunity to achieve discharge of residual debt.Section 2: Jurisdiction of the Local Court as Insolvency Court(1) The Local Court in whose district a Regional Court is located shall have exclusivejurisdiction for insolvency proceedings as the insolvency court for the district of such Regional Court.(2) The governments of the L?nder shall be empowered to designate other or additional Local Courts as insolvency courts by means of a legal ordinance for the purposes of expedient furtherance or expedited conduct of proceedings, and to determine different districts of insolvency courts. The governments of the L?nder may delegate such power to the judicial administrations of the L?nder.Section 3: Local Jurisdiction(1) The insolvency court in whose district the debtor has his usual venue shall have exclusive local jurisdiction. If the centre of the debtor's self-employed business activity is located elsewhere, the insolvency court in whose district such place is located shall have exclusive jurisdiction.(2) If several courts have jurisdiction, the court first requested to open the insolvency proceedings shall exclude any other jurisdiction.Section 4: Applicability of the Code of Civil Procedure (Zivilprozessordnung)Unless this statute provides otherwise the provisions contained in the Code of Civil Procedure shall apply to the insolvency proceedings mutatis mutandis.Section 4a: Deferment of the Costs of the Insolvency Proceedings(1) If the debtor is an individual and if he has made a request for discharge of residual debt, the cost of the insolvency proceedings shall be deferred on request until such time as discharge of residual debt is awarded, insofar as his assets are likely not to be sufficient to cover these costs. Deferment in accordance with the first sentence shall also cover the costs of the proceedings regarding the plan for the settlement of debts and the proceedings for discharge of residual debt. The debtor shall enclose with the request a declaration as to whether one of the grounds for refusal contained in section 290 subs. 1 Nos. 1 and 3 pertains. Deferment shall be ruled out if such a reason pertains.(2) If the cost of the proceedings are deferred to the debtor, on request a lawyer of his choice shall be appointed who is willing to represent him if representation by counsel appears to be necessary in spite of the duty of assistance incumbent on the court.Section 121 subs. 3 to 5 of the Code of Civil Procedure shall apply mutatis mutandis.(3) The effect of deferment shall be as follows:1. the Federal or Land cash office may claima) court costs in arrears and those arising,b) the claims of the appointed lawyer which transfer to the cash office against the debtor only in accordance with the provisions made by the court;2. the appointed lawyer is unable to assert claims for fees against the debtor. Deferment shall be effected separately in respect of each stage of the proceedings. Until such time as a decision is made regarding deferment, the effects specified in the first sentence shall apply on an interim basis. Section 4b subs. 2 shall apply mutatis mutandis.Section 4b: Repayment and Adjustment of the Deferred Amounts(1) If the debtor is unable once discharge of residual debt has been awarded to pay the deferred amount from his income and his assets, the court may extend deferment and set the monthly instalments to be paid. Section 115 subs. 1 and 2, as well as section 120 subs. 2, of the Code of Civil Procedure shall apply mutatis mutandis.(2) The court may alter the ruling regarding the deferment and the monthly instalments at any time insofar as any personal or economic circumstances relevant to the deferment have undergone major changes. The debtor shall be obliged to report to the court a major change in these circumstances without delay. Section 120 subs. 4 first and second sentences of the Code of Civil Procedure shall apply mutatis mutandis. A change placing the debtor at a disadvantage shall be ruled out if four years have passed since termination of the proceedings.Section 4c: Rescission of DefermentThe court may rescind deferment if1. the debtor intentionally or with gross negligence has provided incorrect information regarding circumstances relevant to the opening of the insolvency proceedings or to the deferment, or has not submitted a declaration required by the court regarding hiscircumstances;2. the personal or economic preconditions for deferment did not apply; in such a case, rescission shall be ruled out if four years have passed since termination of the proceedings;3. the debtor is more than three months in arrears in respect of payment of a monthly instalment or of the payment of another amount and such arrears are his fault;4. the debtor is not in suitable gainful employment and, if he is unemployed, is not looking for employment or rejects acceptable employment; section 296 subs. 2 second and third sentences shall apply mutatis mutandis;5. discharge of residual debt is refused or revoked.Section 4d: Legal recourse(1) Immediate complaint shall be available to the debtor against refusal to defer or rescission of deferment, as well as against refusal to appoint a lawyer.(2) If deferment is approved, the state cash office shall be entitled to file an immediate complaint. The latter may only be based on the fact that deferment should have been rejected given the personal or economic circumstances of the debtor.Section 5: Principles of the Insolvency Proceedings(1) The insolvency court shall investigate ex officio all circumstances relevant to insolvency proceedings. In particular, the court may hear witnesses and experts for this purpose.(2) The court may take decisions without an oral hearing. If an oral hearing takes place, section 227 subs. 3 first sentence of the Code of Civil Procedure shall not apply.(3) Tables and records may be prepared and processed using computer equipment.Section 6: Immediate Appeal(1) Decisions of the insolvency court may be only appealed if this statute provides for an immediate appeal.(2) The period within which an immediate appeal has to be brought shall begin on the day when the court promulgates its decision or when a decision is served on the parties if not promulgated.(3) The decision regarding the appeal shall only be effective when it becomes final. However, the court hearing the appeal may order immediate effectiveness of the decision.Section 7: Appeal on Points of LawAn appeal on points of law may lie against the decision on the immediate appeal.Section 8: Service(1) Documents shall be served ex officio. They may be served by mail. The documents to be served shall not require certification.(2) Service shall not be made to persons with unknown residence. If such persons have a representative empowered to receive any documents to be served, the documents shall be served on such representative.(3) The insolvency court may instruct the insolvency administrator to serve the documents. Section 9: Publication(1) Publication shall by made by notification in the gazette or in an electronic information and communication system intended for the court; such publication maybe restricted to excerpts. Documents to be published shall mention the debtor's particulars with special reference to his address and his branch of business. Such publication shall be deemed to have been effected when two additional days following the day of publication have expired.(2) The insolvency court may occasion additional and repeated publications. The Federal Ministry of Justice shall be empowered to govern the details of publication in an electronic information and communication system by means of an ordinance which shall require the approval of the Bundesrat. In doing so, in particular deletion periods shall be provided for, as shall regulations ensuring that the publications1. remain intact, complete and up-to-date,2. can be traced to their source at any time,3. cannot be copied by third parties in accordance with the state-of-the-art of existing technology.(3) Publication shall suffice as evidence of service on all parties to the proceedings even if any provision additionally orders individual service.Section 10: Hearing of the Debtor。
FCC认证的三种方式
FCC认证主要有三种方式：CE认证的政策与法规CE认证的意义在于：让拥有CE认证的产品,符合有关欧洲指令规定的主要要求（Essential Requirements），并证实该产品已通过了相应的合格评定程序和/或制造商的合格声明，真正成为产品被允许进入欧共体市场销售的通行证。
有关指令要求通过CE认证的工业产品，在没有通过CE认证的时候，不得上市销售.必须首先符合CE认证的要求并加贴CE认证的标志才能进入欧盟市场。
如果在市场上发现不符合要求的产品，会责令其从市场收回，持续违反有关CE认证规定的，将被限制或禁止进入欧盟市场或被迫退出市场!CE认证产品的接受对象为欧共体成员国或负责实行市场产品安全控制的国家监管当局，而非顾客，当一个产品已加附CE标志时，成员国负责销售安全监督的当局应假定其符合指令主要要求，可在欧共体市场自由流通。
CE认证确保了那些方面?1. 产品必须不妨碍健康、不危及环境及消费者，才可以在市场上流通。
2. 在某个欧盟国家合法上市的产品，也可在其它会员国销售。
制造厂商透过在产品贴上CE标志的方式，标明此项产品完全符合欧盟指令的相关规定。
如果规定允许，CE标志也可标示在包装或随附文件上。
CE标志幷非测试标志，只是标明此制造厂商宣示其产品符合所有相关的法规。
目前有各种符合评监模式用以标注符合基本规定，这些规定可能涉及数个单位，如生产厂商、进口商及配销商等。
除此之外，为表明符合规定，认证工作可能还必须由独立机构执行，如由第三方认证机构等。
测试及认证机构也必须经过正式授权，或是经过认可的委托机构监督下进行认证。
不符合相关指令的产品，可能造成许多问题，因此我们建议由第三方认证机构进行认证。
通过CE认证,是否证明了该产品质量合格了?构成欧洲指令核心的"主要要求"，在欧共体1985年5月7日（85/C136/01）号《技术协调与标准的新方法的决议》中对需要作为制定和实施指令目的"主要要求"有特定的定义，即只限于产品不危及人类、动物和货品的安全方面的基本安全要求，而不是一般的质量要求，协调指令只规定主要要求，一般指令要求是标准的任务。
94提单格式
CODE NAME: “CONGENBILL” EDITION 1994 Page2 Shipper BILL OF LADINGB/L No.TO BE USED WITH CHARTER-PARTIESReferences No.ConsigneeNotify addressVessel Port of loadingPort of dischargeShipper’s description of go ods Gross weight(of which on deck at Shipper’s risk;the Carrier not being responsible for loss or damage howsoever arising)Freight payable as per CHARTER-PARTY dated SHIPPED at the Port of Loading in apparent good order and condition onboard the Vessel for carriage to the Port of Discharge or so near theretoas she may safely get the goods specified above.Weight, measure, quality, quantity, condition, contents and value unknownIN WITNESS whereof the Master or Agent of the said Vessel has signed the number of Bills of Lading indicated below all of this tenor and date, any one of which being accomplished the others shall be void.FOR CONDITIONS OF CARRIAGE SEE OVERLEAFFREIGHT ADVANCE.Received on account of freight:Time used for loading days hoursFreight payable at Place and date of issue Printed and sold byFr g Knudtzons Bogtrykkeri A/S, 55 Toldbodgade . DK-1253Copenhagen K,Telefax + 4533931184by authority of the Baltic and International Maritime Council(BIMCO). CopenhagenNumber of original BS/L SignatureB I L L O F L A D I N G Page1 TO BE USED WITH CHARTER-PARTIESCODE NAME: “CONGENBILL”EDITION 1994ADOPTED BYTHE BALTIC AND INTERNATIONALMARITIME COUNCIL (BIMCO)Conditions of Carriage(1) All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, including the Law and Arbitration Clause,are herewith incorporated.(2) General Paramount Clause.(a) The Hague Rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading, dated Brussels the 25th August 1924 as enacted in the country of shipment, shall apply to this Bill of Lading. When no such enactment is in force in the country of shipment, the corresponding legislation of the country of destination shall apply, but in respect of shipments to which no such enactments are compulsorily applicable, the terms of the said Convention shall apply.(b) Trades where Hague-Visby Rules apply.In trades where the International Brussels Convention 1924 as amended by the Protocol signed at Brussels on February 23rd 1968 - the Hague-Visby Rules - apply compulsorily, the provisions of the respective legislation shall apply to this Bill of Lading.© The Carrier shall in no case be responsible for loss of or damage to the cargo, howsoever arising prior to loading into and after discharge from the Vessel or while the cargo is in the charge of another Carrier, nor in respect of deck cargo or live animals.(3) General Average.General Average shall be adjusted, steated and settled according to York-Antwerp Rules 1994, or any subsequent modification thereof, in London unless another place is agreed in the Charter Party.Cargo’s contribution to General Average shall be paid to the Carrier even when such average is the result of a fault, neglect or error of the Master, Pilot or Crew. The Charterers, Shippers and Consignees expressly renounce the Belgian Commercial Code, Part II, Art. 148.(4) New Jason Clause.In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier is not responsible, by statute contract or otherwise, the cargo, shippers, consignees or the owners of the cargo shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo. If a salving vessels is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers. Such deposit as the Carrier, or his agents, may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges threreon shall, if required, be made by the cargo, shippers, consignees or owners of the goods to the Carrier before delivery.(5) Both-To-Blame Collision Clause.If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel, and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will indemnify the Carrier against all loss or liability to the other or non-carrying vessel or her Owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrymg vessel or her owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying Vessel or the Carrier. The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact.For particulars of cargo, freight,destination, etc., see overleaf.。
GD&T(形位公差)精讲-共四分第四部分[26P][861KB]
![GD&T(形位公差)精讲-共四分第四部分[26P][861KB]](https://img.taocdn.com/s3/m/a006e07031b765ce05081425.png)
THIS DOCUMENT IS IN ACCORDANCE WITH ASME Y14.5M 1994 AS AMENDED BY THE GM GLOBAL DIMENSIONING AND TOLERANCING ADDENDUM - 2004.
本文件是依据ASME-Y14.5M-1994修订的GM全球尺寸和公差附录 2004。
图78是最大实 体要求应用于被测 要素，而被测要素 是单一要素。 图79是最大实 体要求应用于被测 要素，而被测要素 是关联要素。 两者主要区别 为后者的圆柱公差 带必须与基准A垂 直。因为它是定向 公差（垂直度）。 图 79
MMS
LMS
3.2) 最大实体要求应用于基准要素 最大实体要求应用于基准要素时，情况相当复杂。此时必须注 意基准要素本身采用什么原则或要求。 基准要素本身采用最大实体要求时，则相应的边界为最大实体 实效边界；基准要素本身不采用最大实体要求时，则相应的边界为 最大实体边界。 当基准要素的实际轮廓偏离其相应的边界时(即其体外作用尺寸 偏离其相应的边界尺寸)，则允许基准要素在一定的范围内浮动，其 浮动范围等于基准要素的体外作用尺寸与其相应的边界尺寸之差。 此种要求公差值的补偿是通过基准要素的体外作用尺寸来实现 的，故不能简单的用图表来描述其补偿关系（GM A-91标准用图表 来描述是错误的）。 4) 最大实体要求主要使用于只要能满足装配的场合。 5) 最大实体要求的零件一般用综合量规或检具测量其形位误差，此 外还必须用通用量仪测量要素的局部实际尺寸是否合格。
一并带过，无须再单独检查。见下页图80。
当基准采用基准体系，第二基准和第三基准为尺寸要素不采用 最大实体要求时，则基准要素与被测要素遵守独立原则。 两者区别为： 采用最大实体要求基准孔的基准定位采用圆柱销，与零件的实 际基准要素有间隙，可产生补偿值。
德国规范-EVd的使用
Forschungsgesellschaft für Straßen- und Verkehrswesen Earthworks and Foundation Engineering Task ForceSupplementary TechnicalTerms and Conditions of Contract and GuidelinesforEarthworks in Road ConstructionZTVE-StB 94Issue 1994 as amended in 199714.2.5Indirect testing methodsWhere it is difficult or excessively time-consuming to perform compactionmeasurements and standard Proctor tests pursuant to Sections 14.2.2 and14.2.3, e.g. because of the material properties, or such measurements andtests cannot be conducted to the required extent because of the specifiedlaying performance, the following test methods which indirectly characterisethe compaction status may be adopted:(1)Static plate pressure test to DIN 18134;(2)Dynamic plate pressure test to TP-BF Part B 8.3(3)Subsidence test using Benkelman's beam to TP-BF Part 9;(4)Penetration resistance tests using ramming or pressure penetration toDIN 4094, while special vibratory sounding rods too may be employedfor services trenches;(5)Testing by settlement measurements following the individual compactingpasses for rockfills and soils with stones in excess of 200 mm or thosecontaining a major percentage of gravel and stones;(6)Dynamic measurement of the acceleration performance of the work rollerused for compacting, or of a special gauge roller.The test methods to be adopted in the particular case shall be indicated inthe specification.Usually, test methods (2) and (4) can be quickly employed. Therefore, whenthese methods are used, the minimum scope of testing can be increasedwhen compared to test methods pursuant to Sections 14.2.2 or 14.2.3, thusadding to the statistical meaningfulness and reliability of the test results. Thescope shall be indicated in the specification.On commencement of testing, calibration tests shall be conducted todetermine the relationship between the outcome of the test method chosenand the required value indicated in the specification. Where this is notrequired or impractical, the owner and the contractor may agree and resort to indicative figures based on own experience or accepted experience ofothers, for the test method chosen, as a reference for the tests.The following tests are recommended for testing in service trenches and inconfined workplaces:(1)The dynamic plate pressure test to TP-BF Part B 8.3 for placement inlayers of backfill materials of all kind, or for shallow service trenches;(2)Penetration resistance testing for preferably non-cohesive backfillmaterials, using special service-trench sounding rods, for placement inlayers or for shallow service trenches (0.7 metres deep);(3)Penetration resistance testing by means of ramming penetration toDIN 4094, for preferably non-cohesive backfill materials and deepservice trenches.14.3Testing the modulus of resilience on the formationTo test the bearing and deformation performance of the formation as asupporting medium for the pavement, compliance with the requirementsapplicable to the modulus of resilience Eν2 pursuant to Section 3.4.7.2 shallbe demonstrated. To this end, the methods M 1, M 2 or M 3 as per Section14.1 shall be adopted by analogy.Testing shall be conducted by employing the static plate pressure test toDIN 18134 or, alternatively, by means of the following test methods:(1)Dynamic plate pressure test to TP-BF Part B 8.3(2)Subsidence test using Benkelman's beam to TP-BF Part 9;(3)Dynamic measurement of the acceleration performance of the work rollerused for compacting, or of a special gauge roller.The dynamic moduli or subsidence derived from the alternative test methods call for prior calibration using the modulus of resilience Eν2, or reference toexisting and accepted empirical values. Application of these test methodsshall be subject to prior agreement between the owner and the contractor.Reference to alternative test methods called for or to be ruled out shall beincluded in the specification.Testing the modulus of resilience on the formation shall not be requiredwhere(1)the foundation or the substructure is consolidated by means of binders,or(2)it is ensured on the grounds of local experience or through compactiontests that the required moduli of resilience are achieved.Forschungsgesellschaft für Straßen- und Verkehrswesen Local Road Construction Working CommitteeSupplementary TechnicalTerms and Conditions of Contract and GuidelinesforExcavations and Digging-up in Traffic AreasZTVA-StB 97Issue 19971.7.2Testing the compaction in earthworks1.7.2.1Test methodsThe test method to be employed to verify the compaction shall becoordinated jointly with the contracting body and the relevant transportdepartment or authority.1.7.2.1.3Dynamic plate pressure test as an indirect test methodInstead of performing a static plate pressure test, an investigation may beconducted using the dynamic plate pressure test to TP BF-StB Part B 8.3.The setup is particularly suited for service-trench construction as the testcan be quickly performed by an operator. The scope of testing can beincreased as necessary; also, tests of the individual layers placed(thickness not greater than 30 cm) can be readily performed.Assessment of the E vd value measured is a function of the backfillmaterial. Correlation values relating to the static plate pressure test for thesoil prevailing or intended to be backfilled shall be determined by way ofattempt.To this end, one may resort to correlation values regionally available withroad construction offices, civil engineering offices, public utilityundertakings, or earthworks testing institutes.For non-cohesive backfill materials, correlation values can be readilydetermined (Annex 14).For cohesive soils, checking the moisture content is an additionalrequirement.1.7.2.1.4Penetration resistance tests as an indirect test methodAssessment of trench backfilling is also possible by penetration resistancetests using ramming or pressure penetration to DIN 4094 or otherequipment developed for this purpose.The minimum required number of impacts shall be determined for therequired degree of compaction for the types of soils involved.To this end, empirical values available with the relevant transportdepartment or public utility undertaking may be used as a basis. When thelightweight sounding rod is driven displacement of soil causes the topzone to loosen. Therefore, the numbers of impacts within the upper 50 cmare not suited for comparison. It is recommended to load the bottom plateby means of an appropriate equivalent load (concrete rings or the like) sothat comparable figures are achieved at from the top edge of trenchbackfill.Annex 14Determination of correlation values using the Lightweight Drop-Weight Tester (to TP BF-StB Part B 8.3)1.The dynamic plate pressure test using the Lightweight Drop-Weight Tester is arapid test method employed to determine the dynamic modulus of resilience Eνd.This approach is advantageous over the static plate pressure test in that a load abutment is not required for performing the test. The test is conducted within minutes by a single person, even under confined site conditions if necessary.Compared to the static plate pressure test, performing the dynamic test is very economic.The Lightweight Drop-Weight Tester consists of the following components and assemblies:-Load plate;-Settlement measuring instrument physically arranged in the centre of the load plate and normal to the loaded surface;-Loading mechanism consisting of drop weight, spring element, guide tube or guide rod with release mechanism.(1)Load plate(2)Handles(3)Settlement measuring instrument(4)Drop weight(5)Spring element(6)Guide tube or guide rod(7)Release mechanism(8)Anti-tilt deviceSchematic drawing of the Lightweight Drop-Weight TesterThe test method is intended to determine the overall settlement of soil as caused by a defined impact-like load. The test method can be employed to determine the dynamic modulus of resilience in the range from 10 to 125 MN/m². In the test the soil is subjected to an impact load produced by a drop weight allowed to drop onto a circular rigid load plate having a radius r. The dynamic modulus ofresilience is a parameter characterising the deformability of the soil. It iscalculated from the settlement amplitude s of the load plate as measured under impact load, and the maximum stress under the load plate, using the following equation:Eνd = 1.5 r σ / s .The test method is suited for coarse-grain and mixed-grain soils with a maximum grain size of 63 mm. Prior to the test, the test surface is levelled to the greatest extent possible by pushing or turning the load plate. Loose soil is removed. Dry medium sand can be applied to compensate for roughness as may be present.The measuring site is pre-loaded by three impacts such that the load plate is well set. The next step is to perform another three (measuring) impacts and measure the related settlement amplitudes.On fine-grain soils (silts, clays) the test can only be performed and evaluated properly if the consistency of the soils concerned is in the range from stiff tosolid. In case of doubt, the moisture content (which decisively influences theoutcome of the test) of these and of mixed-grain soils should be determined at various depths up to 1.5 times the plate diameter, under the surface of the area being tested. The test must not be considered for evaluation where impactloading causes lateral displacement of the load plate, e.g. in case of anexcessively sloped formation.2.For earthworks, ZTVE-StB 94 permits the dynamic plate pressure test pursuantto the Technical Test Specifications for Soil and Rock in Road Construction, TP BF-StB, Part B 8.3 to be used as an indirect test method for determining thedegree of compaction D Pr or as an alternative method for testing the modulus of resilience Eν2 on the formation. The result of the dynamic plate pressure test is the dynamic modulus of resilience Eνd. Adopting the dynamic plate pressure test requires that, prior to this, correlation values be determined with the degree of compaction or the modulus of resilience. Also, one may resort to existing oraccepted empirical values available.3.To determine correlation values for the backfill soils to be used it isrecommended to proceed as detailed below:Following apparently adequate and completed compaction of the backfillmaterial, perform a static plate pressure test in the centre of the service trench while taking into account the conditions described in the test specifications. As a next step, perform two dynamic plate pressure tests at 30 cm spacing.Furthermore, following the static plate pressure test, determine the moisture content of the backfill soil. Repeat this procedure at further locations in the service trench. Then, relate the mean values of the measured Eνd data to the mean values of the Eν2 data of the static plate pressure tests, provided the moisture content at the individual test sites does not vary to any great extent. Where correlation values related to the degree of compaction are to be determined, first assess the achieved degree of compaction by sampling two cylindrical core specimens, or through a digging for the balloon instrument. Subsequently, perform dynamic plate pressure tests, again at a spacing of about 30 cm (refer to Fig. 1).The correlation values so determined between the Eνd value and the Eν2 value, or the Eνd value and the degree of compaction D Pr can then be used for any number of follow-up tests using the Lightweight Drop-Weight Tester provided identical backfill material is being tested. It is recommended to have the correlation values be determined jointly by the principal and the contractor, so agreement on the test method is achieved.Where no specific correlation values are available for the backfill material to be used, the figures given in the following table may be used for reference:In the light of current knowledge, extrapolation of the above figures is not acceptable for Eν2 requirements in excess of 120 MN/m².1: Comparative investigations adapted to determine correlation valuesw2Test sequence Symbols: Lightweight Cylindrical coreMoisture-content determination drop-weight tester specimen collectorDimensions in cm P late pressure Balloon instrument93.1.3.3TestingSection 2.3.3.6 ZTVT shall be amended as follows:The plate pressure testers employed shall be calibrated by authorised calibration boards atleast once a year. The Contractor shall furnish the Principal with evidence of the calibrationperformed.Pursuant to the requirements laid down in DIN 18 134, the single-gauge method shall beadopted.Section 2.3.4 ZTVT shall be amended as follows:The static modulus of resilience Eν2 shall be demonstrated as required, at least for everystarted 6,000 m² of sub-base.To determine the bearing resistance the dynamic plate pressure test using the Lightweight Drop-Weight Tester to TP BF-StB Part B 8.3 may be agreed upon as an alternative to the static plate pressure test.The dynamic modulus of resilience Eνd shall be demonstrated as required, at least for every started 600 m² of sub-base.The following provision shall apply to widening / sectionwise construction:Preferably, the dynamic plate pressure test shall be employed to determine the bearing resistance.Irrespective of the type of plate pressure test chosen, a test shall be conducted as required, at least for every started 200 meters length of construction.The following equivalent figures shall apply:Eν2 in MN/m²Eνdin MN/m²180150120100806045208070605040302515The equivalence between the static modulus of resilience Eν2 and the dynamic modulus of resilience Eνd is a function of the type of soil, the moisture content, and the degree of compaction achieved. In case of adequate compaction (Eν2 / Eν1≤ 2.5) the calculated Eνd values are expected to conform to the equivalent Eν2 values. In the event of inadequate compaction (Eν2 / Eν1≥ 2.5) the Eνd values which would be equivalent to the Eν2 value are not reached.Where the required ratio of Eν2 / Eν1 or the required Eνd value is not reached, re-compacting is essential.It is only in the latter case that the afore-mentioned equivalence values should be included in the contract arrangement.H ESSIAN L AND O FFICE FORR OAD C ONSTRUCTION & M AINTENANCE AND T RANSPORTGeneral Administrative Orderfor "Road Construction Technology" No. 6 / 1997 Backfilling of service trenches, ZTVE-StB 94, Section 8Compaction testing by means of the Lightweight Drop-Weight Tester pursuant to TP BF-StB, Part B 8.3For service trenches the backfill material shall be compacted within the road structure such that the requirements laid down in ZTVE-StB 94, Section 3.3.2 are met. The governing variable shall be the degree of compaction D Pr.Where it is difficult or excessively time-consuming to perform compaction measurements and Proctor tests necessary to determine the degree of compaction, indirect test methods too may be adopted pursuant to ZTVE-StB 94, Section 14.2.5. These include the dynamic plate pressure test using the Lightweight Drop-Weight Tester as per TP-BF Part B 8.3 which is suited for a number of applications including quality testing of the backfill of service trenches. For the dynamic plate pressure test to be employed it is an essential prerequisite that a relationship exists between the degree of compaction D Pr, the static modulus of resilience (Eν2) and the dynamic modulus of resilience (Eνd).Table 8 of ZTVE-StB 94 summarises the indicative figures for cross-assignment of the degree of compaction D Pr and the modulus of resilience Eν2 for coarse-grained soil groups. For coarse-grained soil groups too there is a good correlation between the static and the dynamic moduli of resilience as ascertained by the "Test Technology" Working Committee of Forschungsgesellschaft für Straßen- und Verkehrswesen (FGSV).In contrast, for mixed-grain and fine-grain soil types, only an approximate cross-assignment of the parameters D Pr / Eν2 / Eνd is possible because of an insufficient statistical significance.The cross-assignment of the parameters D Pr / Eν2 / Eνd is clear from the attached Table, taking into account the afore-mentioned aspects. When performing the dynamic plate pressure test pursuant to TP BF-StB, Part B 8.3 it is highly desirable that the tabulated figures be referenced in evaluating the compaction of backfill material in service trenches. The Table also reflects the requirements to be met by mineral aggregate as per ZTVT for sub-bases on the formation; these too can be verified by using the Lightweight Drop-Weight Tester.For preservation of evidence it is recommended that, upon completion of a backfill, the DPL lightweight ram sounding rod or the the DPM medium-heavy ram sounding rod be employed for ram sounding. These, however, do represent a substitute for direct compaction testing by means of the procedure described.When performing the dynamic plate pressure test the following must be taken into account:1. A specific moisture content is required such that dense packing of backfillmaterials of fine-grain and mixed-grain soils is achieved. If the moisture content is less than the optimum (dry side of the Proctor curve) the degree of compaction may not be sufficient despite a high modulus of resilience. If the 'as-placed'moisture content excessively differs from the optimal moisture content forcompacting the degree of compaction may not be adequate despite a highmodulus of resilience (Eν2). Therefore, the moisture content must be determined at any rate.2.For trench widths of less than 60 cm, the edge zones may influence the modulusof resilience of the backfill material such that a 'mixed' value is measured; hence, the dynamic plate pressure test merely provides a coarse indication. Calibration of the Eνdyn values by means of density determinations may be required as afunction of the local conditions prevailing (cf. ZTVE, Section 14.2.5).3.In case of major operations, at least one density determination must beperformed for verification. At least three Eνd measurements in this area.4.As little time is needed to perform an individual measurement the dynamic platepressure test is excellently suited to verify a compaction test pursuant to ZTVE-StB 94, Sections 3.3.1.2 and 14.1.4. To this end, measure the Eν2 value at the same spot following each compaction transition, so the maximum figure that can be achieved is determined. A density test performed in the same location will reveal the density level reached. Thus, the number of compaction transitionsrequired can be defined as a function of the Eνd value to be specified.When employing the dynamic plate pressure test it is essential that the competent building material and soil inspection board be involved.In conclusion, it is worth mentioning that the FGSV "Test Technology" Working Committee referred to above prepare and attend to comparative investigations using the Lightweight Drop-Weight Tester. In the light of hitherto gathered experience (refer to Table) the contemplated comparative investigations aim to obtain statistically significant information from the test methods. The competent building material and soil inspection board is aware of the forthcoming project.Attachment toGeneral Administrative Order forRoad Construction Technology and TestingBackfilling of Service TrenchesVerification of compaction using the Lightweight Drop-Weight Tester as perTP BF-StB, Part 8.3Cross-assignment of degree of compaction / modulus of resilience(according to ZTVE-StB 94, Tables 2, 3, 8, 9,as well as ZTVT-StB 95, Table 2.1 and Directive DB - A2015)1)GU / GT Soils containing not more than 7% w/w of less than 0.063 mm fraction(ZTVT mineral aggregate in 'as-placed' condition)2)GU / GT Soils containing 7-15% w/w of less than 0.063 mm fractionDeutsche BahnSupersedes DR-A 2015 Content Sheet1Scope22Measuring range / Testable soil23Test equipment24Measuring principle35Requirements to be met by test equipment36Test procedure36.1Pre-test requirements36.2Measuring procedure37Evaluation48Bearing resistance requirements in quality testing59Effective date610Documents6Attachment: Test record71ScopeThis Guideline shall apply to using the Lightweight Drop-Weight Tester as perTP BF-StB Part B 8.3 [1] in railway construction so as to determine the dynamic modulus of resilience Eνd. This dynamic plate pressure test is adapted to verify the bearing resistance of soils. It is particularly suited for bearing-resistance testing of dynamically loaded structures.2Measuring range / Testable soilThe dynamic plate pressure test as per TP BF-StB Part B 8.3 [1] may be used:-with a measuring range of 10 N/mm² ≤ Eνd≤ 125 N/mm²;-for soils with circular, cubic, non-broken grain without limitations; also for soils containing uo to 30% broken material (cf. Section 8);-for mineral soils containing a grain size d > 63 mm ≤ 15%.3Test equipment- Lightweight drop-weight tester as shown in Fig. 1, consisting of:- Load plate:weighing 15 kg; 300 mm dia.- Drop weight:weighing 10 kg- Guide rod:weighing 5 kg- Damping system:Cup springs- Settlement measuring instrument (elastic settlement)Release mechanismGuide rodDrop weightDamping systemLoad plateFigure 1:Sketch of Lightweight Drop-Weight testerThis test method measures elastic deformation resulting from a specified dynamic load application (α = 0.1 N/mm²).A drop weight is used to apply through the damping system an impact load of the range to be tested. The elastic deformation so produced (settlement amplitude s of the load plate) is recorded by means of the settlement measuring instrument, and related to the recorded load. The dynamic modulus of resilience Eνd in N/mm²(= MN/m²) is indicative of the existing bearing resistance.The depth of action is about 1.5 times the diameter of the load plate (approx.400-500 mm).5Requirements to be met by test equipmentThe dynamic modulus of resilience is determined at a stress α = 0.1 N/mm² under the load plate. This stress is roughly equivalent to load exerted by running trains at the formation top. In order to guarantee this value each tester is supplied by the manufacturer is a calibrated condition. Calibration may only be performed by authorized inspection boards. Thus, a height of drop results which is specific of the particular tester and is indicated on the equipment.The tester may only be used with manufacturer's genuine parts which were employed for the calibration.The test equipment is required to be re-calibrated at intervals of two years if the results are intended to be used as a basis for acceptance of railway structures.The test equipment is required to be inspected annually at the manufacturer's; such inspections also include calibrating. Whenever variations compared to previous settings are noted re-calibration becomes necessary.6Test procedure6.1Pre-test requirementsTests with the Lightweight Drop-Weight Tester must be performed by skilled and adequately trained personnel who have completed training in the specific vocation (e.g. building materials inspector).The surface to be tested must be levelled by means of tools or by turning and pushing the load plate. Minor roughness can be compensated for by means of fine or medium sand. Full support of the load plate is essential; it must not tilt. The surface to be tested may be sloped up to 5%. The shipping lock of the drop weight should be released immediately prior to the measurement.Check the drop height and readjust if necessary.Place the load plate on the prepared formation to be tested (do not allow to drop). Install the guide rod and hold it in vertical position. Lift the drop weight until it engages the lift limiter; then, allow to drop in free fall to produce the impact. Once the drop weight has bounced onto the damping system it must be caught.Adopt this procedure to perform initially three 'adjustment' impacts so as to prevent the result from being influenced by an effect of plastic deformation, and make sure that the load plate fully rests on the surface to be tested. Then, perform three measuring impacts. Place one foot on the load plate to prevent it from getting displaced and from bumping.Prior to the test, record information about the test site and the date of the test, together with the particular test number.Collect typical samples (spaced approx. 100 mm from the load plate from a depth of about 150 mm) of the soil to obtain meaningful data for classification of the soil be tested and determine its moisture content. The moisture content and the soil identification in compliance with DIN 18 196 must be indicated in the test report along with the Eνd value. Soil specimens collected from the immediate vicinity for density determinations may also be used to determine the moisture content. Where a test lot is believed to have an invariable moisture content the scope of specimen collection should be reduced.7EvaluationThe dynamic modulus of resilience Eνd is calculated by the following formula:1.5 ⋅r ⋅σEνd = swhere:r= Radius of the load plate, in mmσ= Stress under the load plate, in N/mm²s= Deformation amplitude, in mm (mean value)1.5= Factor including a multitude of laws which must be taken into accountwhen loading the soil by a circular plateThe local computer printout provides evidence that the bearing-resistance test has been conducted. It must reflect the following information:- Station ID- Date- Eνd values- Type of structure- Physical location- Height- Soil group as per specification or screening characteristic.When assessing the test results the following must be taken into account:-Any variation of the moisture content from the optimal value;-For cohesive soils with I c values ≥ 1, the Eνd values are only acceptable in conjunction with density records (dry branch of the Proctor curve).-Measurements performed immediately upon completion of compacting work that produces pore water pressure may yield data which are too low, and may have to be complemented by follow-up measurements.Changes to the requirements of the minimum figures given in Table 1 are subject to prior approval of the expert service. To this end, comparative tests would have to be conducted for reference.8Bearing resistance requirements in quality testingQuality testing within the meaning of this Guideline calls for application of the requirements detailed in Table 1 (according to DS 836, EzVE 2). To accept a test lot proceed as detailed in ZTVE-StB 94, Section 14 [5].The dynamic moduli of resilience Eνd required as per Table 1 are bearing-resistance requirements which may be adopted on an 'equal rights' basis when referred to the modulus of resilience Eν2. Correlation coefficients Eν2 - Eνd may only be defined in isolated cases where the soil is highly homogeneous (screening characteristic, moisture content, etc.) and comparative investigations yielding statistically significant findings have been conducted.。
美国汽油标准案
美国汽油标准案Gasoline: United States - Standards for Reformulated and Conventional Gasoline IntroductionAB-1996-1, WT/DS2/AB/R, Adopted by Dispute Settlement Body, 20 May 1996, Appellant: United States, Appellees: Brazil, V enezuela, Third Participants: European Communities, NorwayIntroductionOn May 20, 1996 the first Appellate Body Report (United States - Standards for Reformulated and Conventional Gasoline)1 was adopted under the new World Trade Organization (WTO)2 system. This case was unique and controversial in two respects. First, the case was initiated by two developing countries (V enezuela and Brazil), who filed a complaint against a developed country (the United States) in contrast to the prevailing practices under the former GA TT.3Second, the case involved environment-related issues, drawing attention from environmentalists as well as government officials handling environmental policies4. The latter tension between trade and environment had heightened since the famous Tuna-Dolphin case5, and an increasing number of environmental treaties signed since the early nineties.This note focuses on the "international trade" perspective of this case in terms of both substantive law, concentrating on Article XX (General Exceptions) of the General Agreement of Tariffs and Trade 1994 (GA TT 1994)6and procedural law found in the Dispute Settlement Understanding (DSU)7. This note is divided into five parts. Part I-IV digest the factual background leading up to the case, the Panel report, the U.S. appeal, and the Appellate Body Report. Part V critiques the analysis of Appellate Body's ruling and raises questions distilled from the analysis of this case. In particular, this part argues that the Appellate Body failed to delve into an important legal issue - the applicability of Agreement on Technical Barriers to Trade (TBT)8 - in the name of judicial economy; that it replaced legal analysis by consensus (acquiescence) of the disputants; that it disregarded a conditional appeal merely on a formalistic ground; that it was not faithful to the principle of treaty interpretation by downplaying the ordinary meaning; that it conducted the necessary test in interpreting the chapeau, thereby leading to the dilution of the distinction between "necessary" and "relating to". This note concludes that the Appellate Body review should be more judicialized and that Member countries should exert more effort in regulatory cooperation in order to address the trade-off between free trade and domestic regulation.Notes1 United States - Standards for Reformulated and Conventional Gasoline, Panel and Appellate Body Report adopted on May 20,1996, WT/DS2/9 [hereinafter Panel Report and Appellate Body Report, respectively].2 See Marrakesh Agreement Establishing the World Trade Organization, Apr. 15, 1994, Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, LEGAL INSTRUMENTS - RESULTS OF THE URUGUAY ROUND vol. 1; 33 I.L.M. 1140, 1144 (1994) [hereinafter WTO Agreement]. For a historical background of the creation of the WTO, see generally WORLD TRADE: TOWARD FAIR AND FREE TRADE IN THE TWENTY-FIRST CENTURY(Marie Griesgraber & Bernhard G. Gunter eds., 1997); ASIF H. QURESHI, THE WORLD TRADE ORGANIZA TION (1996) ; BRUCE E. MOON, DILEMMAS OFINTERNA TIONAL TRADE (1996); PHILIP RA WORTH & LINDA C. REIF., THE LA W OF THE WORLD TRADE ORGANIZA TION: FINAL TEXT OF THE GA TT URUGUAY ROUND AGREEMENTS (1995).3 General Agreement on Tariffs and Trade, Oct.30, 1947, T.I.A.S. No. 1700, 55 U.N.T.S. 187 [hereinafter GA TT 1947]. From 1948 to 1989, 73 percent of all GA TT panel cases were filed by developed countries like the U.S., the EC, Canada, and Australia. Robert E. Hudec et al., A Statistical Profile of GA TT Dispute Settlement Cases: 1948-1989, 2 MINN. J. GLOBAL TRADE 1, 29 (1993).4 In fact, a good deal of articles approaches this case from an environmental viewpoint. Search of WESTLA W, by Terms and Connectors: "Reformulated and Conventional Gasoline" (Jan. 27,1998).5 United States - Restrictions on Imports of Tuna from Mexico, not adopted, GA TT, B.I.S.D. (39th Supp.) at 155 (1993) [hereinafter Tuna - Dolphin].6 General Agreement on Tariffs and Trade 1994, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, LEGAL INSTRUMENTS -RESULTS OF THE URUGUAY ROUND vol. 2; 33 I.L.M. 29, art. III (1994) [hereinafter GA TT 1994]. WTO Agreement Annex 1A incorporates a document labeled GA TT 1994 which is essentially GA TT 1947, as amended changed through the Uruguay Round, along with all the ancillary agreements pertaining to GA TT 1947, as modified. JOHN H. JACKSON ET AL., LEGAL PROBLEMS OF INTERNA TIONAL ECONOMIC RELA TIONS- CASES, MA TERIALS, AND TEXT ON THE NA TIONAL AND INTERNA TIONAL REGULA TION OF TRANSNA TIONAL ECONOMIC RELA TIONS 290-291 (3rd ed. 1995) [hereinafter JACKSON ET AL.].7 Understanding on Rules and Procedures Governing the Settlement of Disputes, Annex 2 of the WTO Agreement, supra note 1, art. 26 [hereinafter DSU].8 Agreement on Technical Barriers to Trade, Annex 1A of the WTO Agreement, supra note 2 [hereinafter TBT].。
94提单格式
94提单格式CODE NAME: “CONGENBILL” EDITION 1994 Page2 Shipper BILL OF LADINGB/L No.TO BE USED WITH CHARTER-PARTIESReferences No.ConsigneeNotify addressVessel Port of loadingPort of dischargeShipper’s description of go ods Gross weight(of which on deck at Shipper’s risk;the Carrier not being responsible for loss or damage howsoever arising)Freight payable as per CHARTER-PARTY dated SHIPPED at the Port of Loading in apparent good order and condition on board the Vessel for carriage to the Port of Discharge or so near theretoas she may safely get the goods specified above.Weight, measure, quality, quantity, condition, contents and value unknownIN WITNESS whereof the Master or Agent of the said Vessel has signed the number of Bills of Lading indicated below all of this tenor and date, any one of which being accomplished the others shall be void.FOR CONDITIONS OF CARRIAGE SEE OVERLEAFFREIGHT ADVANCE.Received on account of freight:Time used for loading days hoursFreight payable at Place and date of issue Printed and sold byFr g Knudtzons Bogtrykkeri A/S, 55 Toldbodgade . DK-1253Copenhagen K,Telefax + 4533931184by authority of the Baltic and International Maritime Council(BIMCO). CopenhagenNumber of original BS/L SignatureB I L L O F L A D I N G Page1 TO BE USED WITH CHARTER-PARTIESCODE NAME: “CONGENBILL”EDITION 1994ADOPTED BYTHE BALTIC AND INTERNATIONALMARITIME COUNCIL (BIMCO)Conditions of Carriage(1) All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, including the Law and Arbitration Clause,are herewith incorporated.(2) General Paramount Clause.(a) The Hague Rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading, dated Brussels the 25th August 1924 as enacted in the country of shipment, shall apply to this Bill of Lading. When no such enactment is in force in the country of shipment, the corresponding legislation of the country of destination shall apply, but in respect of shipments to which no such enactments are compulsorily applicable, the terms of the said Convention shall apply.(b) Trades where Hague-Visby Rules apply.In trades where the International Brussels Convention 1924 as amended by the Protocol signed at Brussels on February23rd 1968 - the Hague-Visby Rules - apply compulsorily, the provisions of the respective legislation shall apply to this Bill of Lading.The Carrier shall in no case be responsible for loss of or damage to the cargo, howsoever arising prior to loading into and after discharge from the Vessel or while the cargo is in the charge of another Carrier, nor in respect of deck cargo or live animals.(3) General Average.General Average shall be adjusted, steated and settled according to York-Antwerp Rules 1994, or any subsequent modification thereof, in London unless another place is agreed in the Charter Party.Cargo’s contribution to General Average shall be paid to the Carrier even when such average is the result of a fault, neglect or error of the Master, Pilot or Crew. The Charterers, Shippers and Consignees expressly renounce the Belgian Commercial Code, Part II, Art. 148.(4) New Jason Clause.In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier is not responsible, by statute contract or otherwise, the cargo, shippers, consignees or the owners of the cargo shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo. If a salving vessels is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers. Such deposit as the Carrier, or his agents, may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges threreon shall, if required, be made by the cargo, shippers, consignees or owners of the goods to the Carrier before delivery.(5) Both-To-Blame Collision Clause.If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel, and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will indemnify the Carrier against all loss or liability to the other or non-carrying vessel or her Owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrymg vessel or her owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying Vessel or the Carrier. The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact. For particulars of cargo, freight,destination, etc., see overleaf.。
ExecutiveOrder13...
Executive Order 13382, "Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters"; the Weapons of Mass Destruction Trade Control Regulations (Part 539 of Title 31, C.F.R); and the Highly Enriched Uranium (HEU) Agreement Assets Control Regulations (Part 540 of Title 31, C.F.R)INTRODUCTION - The Treasury Department’s Office of Foreign Assets Control (OFAC) implements three distinct sanctions programs designed to combat the proliferation of weapons of mass destruction (WMD). The requirements under each of the programs are different. Each program is described in further detail in this brochure, but they can be summarized as follows:• Executive Order 13382 of June 28, 2005, blocks the property of persons engaged in proliferation activitiesand their support networks. OFAC administers thisblocking program, which initially applied to eightorganizations in North Korea, Iran, and Syria.Treasury, together with the Department of State, isauthorized to designate additional WMD proliferatorsand their supporters under the new authoritiesprovided by this Executive Order.• OFAC’s Weapons of Mass Destruction Trade Control Regulations, 31 C.F.R. Part 539, implement a ban onimports into the United States, pursuant to ExecutiveOrder 12938. Under this program, the Secretary ofState may name, as subject to the ban, foreignpersons determined to have engaged in proliferation-related activities.• OFAC’s Highly Enriched Uranium (HEU) Agreement Assets Control Regulations, 31 C.F.R. Part 540,implement Executive Order 13159 of June 21, 2000,“Blocking Property of the Government of the RussianFederation Relating to the Disposition of HighlyEnriched Uranium Extracted From Nuclear Weapons.”These regulations and Executive Order 13159 aredirected at the property used to carry out internationalagreements between the United States and theRussian Federation for the conversion of highlyenriched uranium extracted from Russian nuclearweapons into low-enriched uranium for use incommercial nuclear reactors.The three WMD sanctions programs administered by OFAC are described in greater detail below.EXECUTIVE ORDER 13382, “BLOCKING PROPERTY OF WEAPONS OF MASS DESTRUCTIONPROLIFERATORS AND THEIR SUPPORTERS”SUMMARY OF EXECUTIVE ORDER - Executive Order 13382 of June 28, 2005 (E.O. 13382), takes additional steps to deal with the national emergency declared in Executive Order 12938 of November 14, 1994 (see below), with respect to the proliferation of WMD and the means of delivering them. The Executive Order blocks the property of specially designated WMD proliferators and members of their support networks. The action effectively denies those parties access to the U.S. financial and commercial systems. The program is administered by OFAC.PROHIBITED TRANSACTIONS - U.S. persons, meaning any U.S. citizen, permanent resident alien, U.S. company (including their foreign branches) and any person or company in the United States, are prohibited from engaging in any transaction or dealing with any party designated under Executive Order 13382. In addition, all property within the possession or control of any U.S. person in which a target has an interest is blocked and must be reported to OFAC within ten days. The names of those actually listed in the Annex to E.O. 13382, and any parties named subsequent to the Executive Order, are incorporated into OFAC’s Specially Designated Nationals (SDN) list. The parties blocked under this program are:The following names were listed in the Annex of Executive Order 13382 and have been incorporated into the SDN list with the program designation “[NPWMD].” They are listed here in OFAC’s SDN list format.•AEROSPACE INDUSTRIES ORGANIZATION (a.k.a. SAZMANE SANAYE HAVA FAZA; a.k.a. “AIO”), Langare Street, Nobonyad Square, Tehran, Iran [NPWMD]•ATOMIC ENERGY ORGANIZATION OF IRAN (a.k.a. SAZEMAN-E ENERGY ATOMI), P.O. Box 14144-1339, End of North Karegar Avenue, Tehran, Iran [NPWMD]•KOREA MINING DEVELOPMENT TRADING CORPORATION (a.k.a.CHANGGWANG SINYONG CORPORATION; a.k.a. EXTERNAL TECHNOLOGY GENERAL CORPORATION; a.k.a. NORTH KOREAN MINING DEVELOPMENT TRADING CORPORATION; a.k.a. “KOMID”), Central District, Pyongyang, Korea, North [NPWMD]•KOREA RYONBONG GENERAL CORPORATION (a.k.a. KOREA YONBONG GENERAL CORPORATION; f.k.a. LYONGAKSAN GENERAL TRADING CORPORATION), Pot’onggang District, Pyongyang, Korea, North;Rakwon-dong, Pothonggang District, Pyongyang, Korea, North [NPWMD]•SCIENTIFIC STUDIES AND RESEARCH CENTER (a.k.a. CENTRE D’ETUDES ET RECHERCHES; a.k.a. “SSRC”), P.O. Box 4470, Damascus,Syria [NPWMD]•SHAHID BAKERI INDUSTRIAL GROUP (a.k.a. “SBIG”), Tehran, Iran [NPWMD]•SHAHID HEMMAT INDUSTRIAL GROUP (a.k.a. “SHIG”), DamavandTehran Highway, Tehran, Iran [NPWMD]•TANCHON COMMERCIAL BANK (f.k.a. CHANGGWANG CREDIT BANK;f.k.a. KOREA CHANGGWANG CREDIT BANK), Saemul 1-Dong PyongchonDistrict, Pyongyang, Korea, North [NPWMD]Please refer to the SDN list for the complete listing of all names designated as [NPWMD]s.PENALTIES— Criminal penalties for willful violations of E.O. 13382, or of any license, rule or regulation issued under it,range up to 20 years in prison, $500,000 in fines for a corporation and $250,000 for an individual. In addition, civil penalties of up to $50,000 per violation may be imposed administratively.WEAPONS OF MASS DESTRUCTION TRADECONTROL REGULATIONS, 31 C.F.R PART 539SUMMARY OF EXECUTIVE ORDER 12938, AS AMENDED - In Executive Order 12938 of November 14, 1994, President Clinton declared a national emergency with respect to the proliferation of nuclear, biological and chemical weapons (weapons of mass destruction or WMD) and the means of delivering them. E.O. 12938 provides that the Secretary of the Treasury shall prohibit the importation into the United States of goods, technology, or services produced or provided by foreign persons on which the Secretary of State has determined to impose an import ban because of their WMD proliferation activities. (Information or informational materials within the meaning of section 203(b)(3) of IEEPA, 50 U.S.C. 1702(b)(3), are exempt from this prohibition.)IMPORT BAN - OFAC issued the Weapons of Mass Destruction Trade Control Regulations, 31 C.F.R. Part 539 (the Regulations), to implement the import ban imposed under Executive Order 12938. The Regulations prohibit the direct or indirect importation into the United States, including for transshipment or transit, of any goods, technology, or services produced or provided by the foreign persons on which the Secretary of State has determined to impose an import ban pursuant to E.O. 12938 (designated foreign persons). The importation into the United States of goods or technology from third countries is also prohibited if undertaken with knowledge or reason to know that those goods contain raw materials, components, or technology produced or provided by a designated foreign person. In addition to banning imports, the Regulations prohibit U.S. persons from financing, acting as a broker for, transporting or otherwise participating in the importation into the United States of any goods, technology or services produced or provided by a designated foreign person. The term designated foreign person means any foreign person on which the Secretary of State has determined to impose an import ban pursuant to E.O. 12938 and any entities owned or controlled by that foreign person, including any subsidiaries and branches, successors, and persons acting or purporting to act for or on behalf of any of them.Services are considered to be imported into the United States where either the services or their benefit are received in the United States, regardless of where such services may be performed. The benefit of services performed is received in the United States if the services are: (1) performed on behalf of or for the benefit of a person located in the United States; (2) received by a person located in the United States; (3) received by a person located outside the United States on behalf of or for the benefit of an entity organized in the United States; or (4) received by an individual temporarily located outside the United States for the purpose of obtaining such services for use in the United States.FOREIGN PERSONS COVERED BY THE IMPORT BAN - For information related to the foreign persons who have been determined by the Secretary of State to be subject to theimport ban, please refer to information provided by the originating agency and/or the associated Federal Register notices. Information on import ban names can also be found at the following: /t/isn/c15233.htm. The import ban also applies to any entity owned or controlled by the named entities.HIGHLY ENRICHED URANIUM (HEU) AGREEMENT ASSETS CONTROL REGULATIONS, 31 C.F.R PART 540A major national security goal of the United States is to ensure that fissile material removed from Russian nuclear weapons pursuant to various arms control and disarmament agreements is dedicated to peaceful uses and protected from diversion to activities of proliferation concern. In 1993, the United States and the Russian Federation entered into an international agreement for the conversion of highly enriched uranium (HEU) extracted from Russian nuclear weapons into low-enriched uranium for use in commercial nuclear reactors. Under this and related contracts and agreements (collectively, the HEU Agreements), 500 metric tons of highly enriched uranium – the equivalent of 20,000 nuclear warheads – will be converted to low enriched uranium over a 20-year period.On June 21, 2000, President Clinton issued Executive Order 13159, “Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons.” This order, explicitly directed at the property used to implement the HEU Agreements, prevents attachment or garnishment in the United States. It is meant to protect a very specific set of assets, defined by regulations, orders, directives, or licenses issued by the U.S. Treasury Department’s Office of Foreign Assets Control. The order does not block any property or interests in property of the Government of the Russian Federation that are not directly related to the implementation of the HEU Agreements. The Office of Foreign Assets Control issued the Highly Enriched Uranium (HEU) Agreement Assets Control Regulations, 31 C.F.R. Part 540, to implement Executive Order 13159.This document is explanatory only and does not have the force of law. The Executive Orders and implementing regulations relating to the proliferation of WMD contain the legally binding provisions governing the sanctions and this document does not supplement or modify those Executive Orders or regulations. The actual legal documents can be found in the Legal Documents section of OFAC’s website at/resource-center/sanctions/Programs/Pages/wmd.aspx.If you have information regarding possible violations of either of these programs, please call the Treasury Department’s Office of Foreign Assets Control at 202/622-2490. Your call will be handled confidentially.The Treasury Department’s Office of Foreign Assets Control also administers sanctions programs involving the Balkans, Belarus, Burma (Myanmar), Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Diamond Trading, Iran, Iraq, Lebanon, Liberia, North Korea, Somalia. Sudan, Syria, Zimbabwe as well as highly enriched uranium, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations and designated foreign persons who have engaged in activities relating to the proliferation of weapons of mass destruction. For additional information about these programs, please contact the:OFFICE OF FOREIGN ASSETS CONTROLU.S. Department of the TreasuryWashington, D.C. 20220202/622-24909-19-12。
GATT1994中英
1994年关税与贸易总协定（英文版）GENERAL AGREEMENT ON TARIFFS AND TRADE 19941. The General Agreement on Tariffs and Trade 1994 ("GATT 1994") shall consist of:(a) the provisions in the General Agreement on Tariffs and Trade, dated 30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment (excluding the Protocol of Provisional Application), as rectified, amended or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement;(b) the provisions of the legal instruments set forth below that have entered into force under the GATT 1947 before the date of entry into force of the WTO Agreement:(i) protocols and certifications relating to tariff concessions;(ii) protocols of accession (excluding the provisions (a) concerning provisional application and withdrawal of provisional application and (b) providing that Part II of GATT 1947 shall be applied provisionally to the fullest extent not inconsistent with legislation existing on the date of the Protocol);(iii) decisions on waivers granted under Article XXV of GATT 1947 and still in force on the date of entry into force of the WTO Agreement ;(iv) other decisions of the CONTRACTING PARTIES to GATT 1947;(c) the Understandings set forth below:(i) Understanding on the Interpretation of Article II:1(b) of the General Agreement on Tariffs and Trade 1994;(ii) Understanding on the Interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994;(iii) Understanding on Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994;(iv) Understanding on the Interpretation of Article XXIV of the General Agreement on Tariffs and Trade 1994;(v) Understanding in Respect of Waivers of Obligations under the General Agreement on Tariffs and Trade 1994;(vi) Understanding on the Interpretation of Article XXVIII of the General Agreement on Tariffs and Trade 1994; and(d) the Marrakesh Protocol to GATT 1994.2. Explanatory Notes(a) The references to "contracting party" in the provisions of GATT 1994 shall be deemed to read "Member". The references to "less-developed contracting party" and "developed contracting party" shall be deemed to read "developing country Member" and "developed country Member". The references to "Executive Secretary" shall be deemed to read "Director-General of the WTO".(b) The references to the CONTRACTING PARTIES acting jointly in Articles XV:1, XV:2, XV:8, XXXVIII and the Notes Ad Article XII and XVIII; and in the provisions on special exchange agreements in Articles XV:2, XV:3, XV:6, XV:7 and XV:9 of GATT 1994 shall be deemed to be references to the WTO. The other functions that the provisions of GATT 1994 assign to the CONTRACTING PARTIES acting jointly shall be allocated by the Ministerial Conference.(c) (i) The text of GATT 1994 shall be authentic in English, French and Spanish.(ii) The text of GATT 1994 in the French language shall be subject to the rectifications of terms indicated in Annex A to document MTN.TNC/41.(iii) The authentic text of GATT 1994 in the Spanish language shall be the text in Volume IV of the Basic Instruments and Selected Documents series, subject to the rectifications of terms indicated in Annex B to document MTN.TNC/41.3. (a) The provisions of Part II of GATT 1994 shall not apply to measures taken by a Member under specific mandatory legislation, enacted by that Member before it became a contracting party to GATT 1947, that prohibits the use, sale or lease of foreign-built or foreign-reconstructed vessels in commercial applications between points in national waters or the waters of an exclusive economic zone. This exemption applies to: (a) the continuation or prompt renewal of a non-conforming provision of such legislation; and (b) the amendment to a non-conforming provision of such legislation to the extent that the amendment does not decrease the conformity of the provision with Part II of GATT 1947. This exemption is limited to measures taken under legislation described above that is notified and specified prior to the date of entry into force of the WTO Agreement. If such legislation is subsequently modified to decrease its conformity with Part II of GATT 1994, it will no longer qualify for coverage under this paragraph.(b) The Ministerial Conference shall review this exemption not later than five years after the date of entry into force of the WTO Agreement and thereafter every two years for as long as the exemption is in force for the purpose of examining whether the conditions which created the need for the exemption still prevail.(c) A Member whose measures are covered by this exemption shall annually submit a detailed statistical notification consisting of a five-year moving average of actual and expected deliveries of relevant vessels as well as additional information on the use, sale, lease or repair of relevant vessels covered by this exemption.(d) A Member that considers that this exemption operates in such a manner as to justify a reciprocal and proportionate limitation on the use, sale, lease or repair of vessels constructed in the territory of the Member invoking the exemption shall be free to introduce such a limitation subject to prior notification to the Ministerial Conference.(e) This exemption is without prejudice to solutions concerning specific aspects of the legislation covered by this exemption negotiated in sectoral agreements or in other fora.UNDERSTANDING ON THE INTERPRETATION OF ARTICLE II:1(b)OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members hereby agree as follows:1. In order to ensure transparency of the legal rights and obligations deriving from paragraph 1(b) of Article II, the nature and level of any "other duties or charges" levied on bound tariff items, as referred to in that provision, shall be recorded in the Schedules of concessions annexed to GATT 1994 against the tariff item to which they apply. It is understood that such recording does not change the legal character of "other duties or charges".2. The date as of which "other duties or charges" are bound, for the purposes of Article II, shall be 15 April 1994. "Other duties or charges" shall therefore be recorded in the Schedules at the levels applying on this date. At each subsequent renegotiation of a concession or negotiation of a new concession the applicable date for the tariff item in question shall become the date of the incorporation of the new concession in the appropriate Schedule. However, the date of the instrument by which a concession on any particular tariff item was first incorporated into GATT 1947 or GATT 1994 shall also continue to be recorded in column 6 of the Loose-Leaf Schedules.3. "Other duties or charges" shall be recorded in respect of all tariff bindings.4. Where a tariff item has previously been the subject of a concession, the level of "other duties or charges" recorded in the appropriate Schedule shall not be higher than the level obtaining at the time of the first incorporation of the concession in that Schedule. It will be open to any Member to challenge the existence of an "other duty or charge", on the ground that no such "other duty or charge" existed at the time of the original binding of the item in question, as well as the consistency of the recorded level of any "other duty or charge" with the previouslybound level, for a period of three years after the date of entry into force of the WTO Agreement or three years after the date of deposit with the Director-General of the WTO of the instrument incorporating the Schedule in question into GATT 1994, if that is a later date.5. The recording of "other duties or charges" in the Schedules is without prejudice to their consistency with rights and obligations under GATT 1994 other than those affected by paragraph 4. All Members retain the right to challenge, at any time, the consistency of any "other duty or charge" with such obligations.6. For the purposes of this Understanding, the provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Dispute Settlement Understanding shall apply.7. "Other duties or charges" omitted from a Schedule at the time of deposit of the instrument incorporating the Schedule in question into GATT 1994 with, until the date of entry into force of the WTO Agreement, the Director-General to the CONTRACTING PARTIES to GATT 1947 or, thereafter, with the Director-General of the WTO, shall not subsequently be added to it and any "other duty or charge" recorded at a level lower than that prevailing on the applicable date shall not be restored to that level unless such additions or changes are made within six months of the date of deposit of the instrument.8. The decision in paragraph 2 regarding the date applicable to each concession for the purposes of paragraph 1(b) of Article II of GATT 1994 supersedes the decision regarding the applicable date taken on 26 March 1980 (BISD 27S/24).UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XVIIOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members,Noting that Article XVII provides for obligations on Members in respect of the activities of the state trading enterprises referred to in paragraph 1 of Article XVII, which are required to be consistent with the general principles of non-discriminatory treatment prescribed in GATT 1994 for governmental measures affecting imports or exports by private traders;Noting further that Members are subject to their GATT 1994 obligations in respect of those governmental measures affecting state trading enterprises;Recognizing that this Understanding is without prejudice to the substantive disciplines prescribed in Article XVII;Hereby agree as follows:1. In order to ensure the transparency of the activities of state trading enterprises, Members shall notify such enterprises to the Council for Trade in Goods, for review by the working party to be set up under paragraph 5, in accordance with the following working definition: "Governmental and non-governmental enterprises, including marketing boards, which have been granted exclusive or special rights or privileges, including statutory or constitutional powers, in the exercise of which they influence through their purchases or sales the level or direction of imports or exports."This notification requirement does not apply to imports of products for immediate or ultimate consumption in governmental use or in use by an enterprise as specified above and not otherwise for resale or use in the production of goods for sale.2. Each Member shall conduct a review of its policy with regard to the submission of notifications on state trading enterprises to the Council for Trade in Goods, taking account of the provisions of this Understanding. In carrying out such a review, each Member should have regard to the need to ensure the maximum transparency possible in its notifications so as to permit a clear appreciation of the manner of operation of the enterprises notified and the effect of their operations on international trade.3. Notifications shall be made in accordance with the questionnaire on state trading adopted on 24 May 1960 (BISD 9S/184-185), it being understood that Members shall notify the enterprises referred to in paragraph 1 whether or not imports or exports have in fact taken place.4. Any Member which has reason to believe that another Member has not adequately met its notification obligation may raise the matter with the Member concerned. If the matter is not satisfactorily resolved it may make a counter-notification to the Council for Trade in Goods, for consideration by the working party set up under paragraph 5, simultaneously informing the Member concerned.5. A working party shall be set up, on behalf of the Council for Trade in Goods, to review notifications and counter-notifications. In the light of this review and without prejudice to paragraph 4(c) of Article XVII, the Council for Trade in Goods may make recommendations with regard to the adequacy of notifications and the need for further information. The working party shall also review, in the light of the notifications received, the adequacy of the above-mentioned questionnaire on state trading and the coverage of state trading enterprises notified under paragraph 1. It shall also develop an illustrative list showing the kinds of relationships between governments and enterprises, and the kinds of activities, engaged in by these enterprises, which may be relevant for the purposes of Article XVII. It is understood that the Secretariat will provide a general background paper for the working party on the operations of state trading enterprises as they relate to international trade. Membership of the working party shall be open to all Members indicating their wish to serve on it. It shall meet within a year of the date of entry into force of the WTO Agreement and thereafter at least once a year. It shall report annually to the Council for Trade in Goods.UNDERSTANDING ON THE BALANCE-OF-PAYMENTS PROVISIONSOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members,Recognizing the provisions of Articles XII and XVIII:B of GATT 1994 and of the Declaration on Trade Measures Taken for Balance-of-Payments Purposes adopted on 28 November 1979 (BISD 26S/205-209, referred to in this Understanding as the "1979 Declaration") and in order to clarify such provisions ;Hereby agree as follows:Application of Measures1. Members confirm their commitment to announce publicly, as soon as possible, time-schedules for the removal of restrictive import measures taken for balance-of-payments purposes. It is understood that such time-schedules may be modified as appropriate to take into account changes in the balance-of-payments situation. Whenever a time-schedule is not publicly announced by a Member, that Member shall provide justification as to the reasons therefor.2. Members confirm their commitment to give preference to those measures which have the least disruptive effect on trade. Such measures (referred to in this Understanding as "price-based measures") shall be understood to include import surcharges, import deposit requirements or other equivalent trade measures with an impact on the price of imported goods. It is understood that, notwithstanding the provisions of Article II, price-based measures taken for balance-of-payments purposes may be applied by a Member in excess of the duties inscribed in the Schedule of that Member. Furthermore, that Member shall indicate the amount by which the price-based measure exceeds the bound duty clearly and separately under the notification procedures of this Understanding.3. Members shall seek to avoid the imposition of new quantitative restrictions for balance-of-payments purposes unless, because of a critical balance-of-payments situation, price-based measures cannot arrest a sharp deterioration in the external payments position. In those cases in which a Member applies quantitative restrictions, it shall provide justification as to the reasons why price-based measures are not an adequate instrument to deal with the balance-of-payments situation. A Member maintaining quantitative restrictions shall indicate insuccessive consultations the progress made in significantly reducing the incidence and restrictive effect of such measures. It is understood that not more than one type of restrictive import measure taken for balance-of-payments purposes may be applied on the same product.4. Members confirm that restrictive import measures taken for balance-of-payments purposes may only be applied to control the general level of imports and may not exceed what is necessary to address the balance-of-payments situation. In order to minimize any incidental protective effects, a Member shall administer restrictions in a transparent manner. The authorities of the importing Member shall provide adequate justification as to the criteria used to determine which products are subject to restriction. As provided in paragraph 3 of Article XII and paragraph 10 of Article XVIII, Members may, in the case of certain essential products, exclude or limit the application of surcharges applied across the board or other measures applied for balance-of-payments purposes. The term "essential products" shall be understood to mean products which meet basic consumption needs or which contribute to the Member''s effort to improve its balance-of-payments situation, such as capital goods or inputs needed for production. In the administration of quantitative restrictions, a Member shall use discretionary licensing only when unavoidable and shall phase it out progressively. Appropriate justification shall be provided as to the criteria used to determine allowable import quantities or values.Procedures for Balance-of-Payments Consultations5. The Committee on Balance-of-Payments Restrictions (referred to in this Understanding as the "Committee") shall carry out consultations in order to review all restrictive import measures taken for balance-of-payments purposes. The membership of the Committee is open to all Members indicating their wish to serve on it. The Committee shall follow the procedures for consultations on balance-of-payments restrictions approved on 28 April 1970 (BISD 18S/48-53, referred to in this Understanding as "full consultation procedures"), subject to the provisions set out below.6. A Member applying new restrictions or raising the general level of its existing restrictions by a substantial intensification of the measures shall enter into consultations with the Committee within four months of the adoption of such measures. The Member adopting such measures may requestthat a consultation be held under paragraph 4(a) of Article XII or paragraph 12(a) of Article XVIII as appropriate. If no such request has been made, the Chairman of the Committee shall invite the Member to hold such a consultation. Factors that may be examined in the consultation would include, inter alia, the introduction of new types of restrictive measures for balance-of-payments purposes, or an increase in the level or product coverage of restrictions.7. All restrictions applied for balance-of-payments purposes shall be subject to periodic review in the Committee under paragraph 4(b) of Article XII or under paragraph 12(b) of Article XVIII, subject to the possibility of altering the periodicity of consultations in agreement with the consulting Member or pursuant to any specific review procedure that may be recommended by the General Council.8. Consultations may be held under the simplified procedures approved on 19 December 1972 (BISD 20S/47-49, referred to in this Understanding as "simplified consultation procedures") in the case of least-developed country Members or in the case of developing country Members which are pursuing liberalization efforts in conformity with the schedule presented to the Committee in previous consultations. Simplified consultation procedures may also be used when the Trade Policy Review of a developing country Member is scheduled for the same calendar year as the date fixed for the consultations. In such cases the decision as to whether full consultation procedures should be used will be made on the basis of the factors enumerated in paragraph 8 of the 1979 Declaration. Except in the case of least-developed country Members, no more than two successive consultations may be held under simplified consultation procedures.Notification and Documentation9. A Member shall notify to the General Council the introduction of or any changes in the application of restrictive import measures taken for balance-of-payments purposes, as well as any modifications in time-schedules for the removal of such measures as announced under paragraph 1. Significant changes shall be notified to the General Council prior to or not later than 30 days after their announcement. On a yearly basis, each Member shall make available to the Secretariat a consolidated notification, including all changes in laws, regulations, policystatements or public notices, for examination by Members. Notifications shall include full information, as far as possible, at the tariff-line level, on the type of measures applied, the criteria used for their administration, product coverage and trade flows affected.10. At the request of any Member, notifications may be reviewed by the Committee. Such reviews would be limited to the clarification of specific issues raised by a notification or examination of whether a consultation under paragraph 4(a) of Article XII or paragraph 12(a) of Article XVIII is required. Members which have reasons to believe that a restrictive import measure applied by another Member was taken for balance-of-payments purposes may bring the matter to the attention of the Committee. The Chairman of the Committee shall request information on the measure and make it available to all Members. Without prejudice to the right of any member of the Committee to seek appropriate clarifications in the course of consultations, questions may be submitted in advance for consideration by the consulting Member.11. The consulting Member shall prepare a Basic Document for the consultations which, in addition to any other information considered to be relevant, should include: (a) an overview of the balance-of-payments situation and prospects, including a consideration of the internal and external factors having a bearing on the balance-of-payments situation and the domestic policy measures taken in order to restore equilibrium on a sound and lasting basis; (b) a full description of the restrictions applied for balance-of-payments purposes, their legal basis and steps taken to reduce incidental protective effects; (c) measures taken since the last consultation to liberalize import restrictions, in the light of the conclusions of the Committee; (d) a plan for the elimination and progressive relaxation of remaining restrictions. References may be made, when relevant, to the information provided in other notifications or reports made to the WTO. Under simplified consultation procedures, the consulting Member shall submit a written statement containing essential information on the elements covered by the Basic Document.12. The Secretariat shall, with a view to facilitating the consultations in the Committee, preparea factual background paper dealing with the different aspects of the plan for consultations. In the case of developing country Members, the Secretariat document shall include relevant background and analytical material on the incidence of the external trading environment on thebalance-of-payments situation and prospects of the consulting Member. The technical assistance services of the Secretariat shall, at the request of a developing country Member, assist in preparing the documentation for the consultations.Conclusions of Balance-of-Payments Consultations13. The Committee shall report on its consultations to the General Council. When full consultation procedures have been used, the report should indicate the Committee''s conclusions on the different elements of the plan for consultations, as well as the facts and reasons on which they are based. The Committee shall endeavour to include in its conclusions proposals for recommendations aimed at promoting the implementation of Articles XII and XVIII:B, the 1979 Declaration and this Understanding. In those cases in which a time-schedule has been presented for the removal of restrictive measures taken for balance-of-payments purposes, the General Council may recommend that, in adhering to such a time-schedule, a Member shall be deemed to be in compliance with its GATT 1994 obligations. Whenever the General Council has made specific recommendations, the rights and obligations of Members shall be assessed in the light of such recommendations. In the absence of specific proposals for recommendations by the General Council, the Committee''s conclusions should record the different views expressed in the Committee. When simplified consultation procedures have been used, the report shall include a summary of the main elements discussed in the Committee and a decision on whether full consultation procedures are required.UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XXIVOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members,Having regard to the provisions of Article XXIV of GATT 1994;Recognizing that customs unions and free trade areas have greatly increased in number and importance since the establishment of GATT 1947 and today cover a significant proportion of world trade;Recognizing the contribution to the expansion of world trade that may be made by closer integration between the economies of the parties to such agreements;Recognizing also that such contribution is increased if the elimination between the constituent territories of duties and other restrictive regulations of commerce extends to all trade, and diminished if any major sector of trade is excluded;Reaffirming that the purpose of such agreements should be to facilitate trade between the constituent territories and not to raise barriers to the trade of other Members with such territories; and that in their formation or enlargement the parties to them should to the greatest possible extent avoid creating adverse effects on the trade of other Members;Convinced also of the need to reinforce the effectiveness of the role of the Council for Trade in Goods in reviewing agreements notified under Article XXIV, by clarifying the criteria and procedures for the assessment of new or enlarged agreements, and improving the transparency of all Article XXIV agreements;Recognizing the need for a common understanding of the obligations of Members under paragraph 12 of Article XXIV;Hereby agree as follows:1. Customs unions, free-trade areas, and interim agreements leading to the formation of a customs union or free-trade area, to be consistent with Article XXIV, must satisfy, inter alia, the provisions of paragraphs 5, 6, 7 and 8 of that Article.Article XXIV:52. The evaluation under paragraph 5(a) of Article XXIV of the general incidence of the duties and other regulations of commerce applicable before and after the formation of a customs union shall in respect of duties and charges be based upon an overall assessment of weighted average tariff rates and of customs duties collected. This assessment shall be based on import statistics for a previous representative period to be supplied by the customs union, on a tariff-line basis and in values and quantities, broken down by WTO country of origin. The Secretariat shall compute the weighted average tariff rates and customs duties collected in accordance with the methodology used in the assessment of tariff offers in the Uruguay Round of Multilateral Trade Negotiations. For this purpose, the duties and charges to be taken into consideration shall be the applied rates of duty. It is recognized that for the purpose of the overall assessment of the incidence of other regulations of commerce for which quantification and aggregation are difficult, the examination of individual measures, regulations, products covered and trade flows affected may be required.3. The "reasonable length of time" referred to in paragraph 5(c) of Article XXIV should exceed 10 years only in exceptional cases. In cases where Members parties to an interim agreement believe that 10 years would be insufficient they shall provide a full explanation to the Council for Trade in Goods of the need for a longer period.Article XXIV:64. Paragraph 6 of Article XXIV establishes the procedure to be followed when a Member forminga customs union proposes to increase a bound rate of duty. In this regard Members reaffirm that the procedure set forth in Article XXVIII, as elaborated in the guidelines adopted on 10 November 1980 (BISD 27S/26-28) and in the Understanding on the Interpretation of Article XXVIII of GATT 1994, must be commenced before tariff concessions are modified or withdrawn upon the formation of a customs union or an interim agreement leading to the formation of a customs union.5. These negotiations will be entered into in good faith with a view to achieving mutually satisfactory compensatory adjustment. In such negotiations, as required by paragraph 6 of Article XXIV, due account shall be taken of reductions of duties on the same tariff line made by other constituents of the customs union upon its formation. Should such reductions not be sufficient。
马拉喀什建立世界贸易组织协定(英汉对照)
Marrakesh Agreement Establishing the World TradeOrganization马拉喀什建立世界贸易组织协定（英汉对照）The Parties to this Agreement,本协议各成员Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world’s resources in accordance with t he objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development, 承认其贸易和经济关系的发展，应旨在提高生活水平，保证充分就业和大幅度稳步提高实际收入和有效需求，扩大货物与服务的生产和贸易，为持续发展之目的扩大对世界资源的充分利用，保护和维护环境，并以符合不同经济发展水平下各自需要的方式，加强采取各种相应的措施；Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,进一步承认有必要作出积极的努力，以确保发展中国家，尤其是最不发达国家，在国际贸易增长中获得与其经济发展相应的份额；Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations,期望通过达成互惠互利的安排，切实降低关税和其它贸易壁垒，在国际贸易关系中消除歧视待遇，为实现上述目标作出贡献；Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations,从而决心建立一个完整的、更有活力的和持久的多边贸易体系，以包括关税与贸易总协定、以往贸易自由化努力的成果和乌拉圭回合多边贸易谈判的所有成果；Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system,决心保持该多边贸易体制的基本原则和加强该体制的目标；Agree as follows:协议如下：Article I Establishment of the Organization第一条组织的建立The World Trade Organization (hereinafter referred to as “the WTO”) is hereby established.建立世界贸易组织（以下简称WTO）Article II Scope of the WTO第二条 WTO的范围1. The WTO shall provide the common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement.1．WTO应为其成员从事与本协议各附件中的协议及其法律文件有关的贸易关系，提供共同的体制框架。
程租合同下船舶搁浅-发电机损坏-货损责任-适航义务-管货义务
程租合同下船舶搁浅-发电机损坏-货损责任-适航义务-管货义务REY BANANO DEL PACIFICO C.A. AND OTHERSv.TRANSPORTES NAVIEROS ECUATORIANOS ANDANOTHER(THE “ISLA FERNANDINA”)QUEEN’S BENCH DIVISION(COMMERCIAL COURT)Jan. 31, Feb. 1, 2, 3, 7, 8; 24, 2000Charter-party (Voyage) - Unseaworthiness - Damage to cargo - Properly man and equip ship - Carriage of cargo of green bananas from Ecuador to Libya and Russia - Bosun seriously injured and died - Vessel turned towards Cartagena to disembark body - Vessel grounded - Cargo sold to third claimant c.i.f. Genoa - Vessel’s generators failed - Cargo arrived in Gencoa damaged - Liability for and cause of grounding - Whether vessel unseaworthy - Whether failure to properly man and equip vessel - Whether failure to look after cargo properly - Whether claimant entitled to damages.英国商事法庭案例，程租合同下船舶为了救助船上船员绕航后船舶搁浅，然后⼜发电机损坏，船上冷冻的⾹蕉不断损坏并有转卖。
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PROCEDURES FOR STABILIZING INLAND LAKE LEVELS UNDERPART 307, INLAND LAKE LEVELS, OF THENATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT,1994 PA 451, AS AMENDEDThis document is intended to familiarize interested parties, including local government officials and lake property owners, with the procedures for establishing and maintaining normal (legal) lake levels under Part 307 of Act 451.I.Establishing a Legal Level(s)A.Action to establish a legal level(s) can be initiated by:1.Petition to the County Board of Commissioners of two-thirds of the owners ofland abutting the lake.2.Motion of the County Board of Commissioners.B.Before proceeding on a motion or a petition to establish a legal level, the CountyBoard of Commissioners may require the preparation of a preliminary study todetermine the feasibility of establishing and maintaining a legal level(s) of the lake.The county may require a cash payment of up to $10,000 to cover the cost of thepreliminary study.C.Upon a finding by the County Board, based on the preliminary study, that it isfeasible to proceed, directs the prosecutor or other legal counsel to petition the circuitcourt for a proceeding for determination.D.The County Board of Commissioners may, by resolution, determine that the cost of aproject to establish and maintain a lake level be defrayed by a special assessmentdistrict of benefited property owners, political subdivisions and state-owned lands.The assessment district boundaries are presented to and confirmed by the circuitcourt.E.The Drain Commissioner, or other authority delegated by the County Board, needs tohire the expertise to gather data and to conduct lake level studies necessary toprovide the circuit court with sufficient information on which to base its lake leveldetermination.F.Circuit Court acts on petition.1.Sets a hearing date.2.Directs the prosecuting attorney or drain commissioner to make propernotification by newspaper and first class mail to persons in the tentative specialassessment district, the Department of Environmental Quality, and theDepartment of Natural Resources.G.The Circuit Court holds a hearing so that evidence may be presented and testimonytaken to assist in determining the legal level(s).H.The Circuit Court issues an order determining the level (or levels) to be establishedand maintained, and confirms the proposed special assessment district boundarieswithin 60 days following the lake level determination.II.Steps to be Taken to Maintain the Normal Height and Level of the Waters in Inland LakesA.The Drain Commissioner or other delegated authority has a Licensed ProfessionalEngineer prepare final engineering plans and apportions benefits to property ownersand political subdivision within the special assessment district, subject to theapproval of the County Board. The Act requires the delegated authority to follow, asclosely as possible, the proceeding set forth in the Drain Code, 1996 PA 1956, asamended, in making, levying and collecting special assessments.B.The County Board, the Drain Commissioner, or other delegated authority, on behalfof the County Board, must acquire the necessary permits and/or approvals from theDepartment of Environmental Quality, as well as any other, local, state, or federalpermits as required to construct the necessary lake level control facilities. In mostcases, a permit under Part 301, Inland Lakes and Streams, of the Natural Resourceand Environmental Protection Act, 1994 PA 451, as amended, is required.C.The delegated authority holds a hearing on the assessment roll after proper notice.D.The delegated authority, acting as agent for the County Board of Commissioners,acquires the necessary land and constructs the necessary facilities to maintain thelegal lake level(s).E.Engineering Inspection Reports of lake level control facilities must be prepared by aLicensed Professional Engineer every three (3) years and submitted to the DamSafety Unit, Land and Water Management Division, Department of EnvironmentalQuality.F.The delegated authority may spend not more than $10,000 annually for maintenanceand repair of each lake level control project. Expenditures of more than $10,000 mustbe approved by the County Board.ADVANTAGES AND/OR DISADVANTAGES OF ESTABLISHINGNORMAL (LEGAL) LAKE LEVELS UNDER THE PROVISIONS OFPART 307, INLAND LAKE LEVELS, OF THE NATURAL RESOURCESAND ENVIRONMENTAL PROTECTION ACT,1994 PA 451, AS AMENDEDThe advantages and/or disadvantages of establishing normal (legal) lake levels varies from lake to lake. Legal levels have been established on over 300 lakes in Michigan for a variety of reasons. The particular advantages and/or disadvantages many times differ for lakes having existing lake level control structures from those that do not. Normally, the advantages far outweigh the disadvantages.Some of the more common advantages and/or disadvantages are as follows:AdvantagesI.Provide for stabilized water levels to protect property values and the lake environment. II.Maximize recreational benefits.III.Provide for a winter drawdown level toA.Minimize shoreline ice damage.B.Minimize erosion damage during periods of high water in the fall and spring.C.Minimize flooding by providing a cushion against high water, particularly in thespring.D.Control of some aquatic weeds.IV.Maximize fisheries, wildlife and aesthetic values.V.Place responsibility of maintaining the desired lake level(s) in the hands of the County Board of Commissioners, the County Drain Commissioner, or other authority designated by the County Board.VI.Provide a means whereby all benefited property owners and political subdivisions share in the cost of maintaining the necessary lake level control facilities.VII.Liabilities for accidents at the control structure may be insured by the County at a lower cost.VIII.The cost of repairs and maintenance at the control structure may be spread over a period of years and is tax deductible for Federal Returns, if the tax payer itemizes. DisadvantagesI.Costs are incurred in establishing normal (legal) levels; i.e. costs of studies and surveys,court costs, cost of preparing assessment roll and noticing, cost of acquiring, constructing, operation and maintaining the control structures necessary for maintaining the legallyestablished level(s). These costs are normally passed along to the benefited propertyowners by special assessment.II.Length of time to get a legal level(s) established can be long, (one year or more).III.Stabilizing lake levels can have an adverse impact on pike spawning, if flooding of marshes on the lake fringe is reduced or eliminated during pike spawning periods.DUTIES OF COUNTY DELEGATED AUTHORITIESUNDER PART 307, INLAND LAKE LEVELS, OFTHE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT,1994 PA 451, AS AMENDEDIn proceedings involving Part 307, Inland Lake Levels, of the Natural Resource and Environmental Protection Act, 1994 PA 451, as amended, County Boards of Commissioners may delegate certain duties required under the act to the County Drain Commissioner, or any other person designated by the County Board. Normally, those duties include the following:1.Retain a Licensed Professional Engineer to prepare a preliminary study, when determinednecessary by the County Board.2.Provide for the necessary surveys, data and studies necessary for the circuit court todetermine the legal level(s).3.Draw up assessment district boundaries for consideration and confirmation by the countycircuit court.4.Testify at circuit court lake level hearings.5.Prepare assessment roll after confirmation of assessment district boundaries by the circuitcourt.6.Hold hearing on the assessment roll.7.Provide for the preparation of necessary final engineering plans of the maintenance of theestablished lake level.8.Acquire necessary construction permits and/or approvals from Land and Water ManagementDivision, Department of Environmental Quality.9.Construct necessary lake level control facilities.10.Maintain the lake at the level, or levels, established by order of the circuit court.11.Every three (3) years, engage a Licensed Professional Engineer to prepare an inspectionreport on the lake level control structure and submit a copy to the Dam Safety Unit, Land and Water Management Division, Department of Environmental Quality. This requirementpertains to all lake level control structures for which a normal level has been established under Act 451 or any previous lake level statute.12.Based on the recommendations of three year inspection reports, maintain the lake levelcontrol structure in good repair. May spend up to $10,000/year on maintenance and repair without County Board's approval.PETITION TO THE BOARD OF COMMISSIONERSCountyYour petitioners, the undersigned property owners of land abutting _________________________ __________________________________Lake, ________________________________Township, _____________________________________________County, a lake occupying all or portions of Sections ___________, Town ______________, Range _______________respectfully submit unto this Board as follows:That the seasonable variations of inflow and evaporation or other losses, combinedwith a lack of suitable control over outflow, causes the water level of said Lake tovary to a degree which is harmful to our interests.That the maintenance of a stable, normal water level is necessary on said Lake toprotect the public health, welfare and safety; to preserve the natural resources of theState of Michigan; and to protect the value of properties developed around said lake.We, therefore, do hereby petition your honorable body to take the following action as provided by Part 307, Inland Lake Levels, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.To cause to be determined and established a normal water level for said Lake, at anestablished normal water level.DATE PROPERTY OWNER POST OFFICE ADDRESS(if joint, both should sign)S A M P L E*Resolution requiring preliminary survey and cash bond RESOLUTION OF THE COUNTY BOARD OF COMMISSIONERS_______________________LAKEWHEREAS, the County Board of Commissioners is in receipt of a petition signed by 2/3 of the owners of lands abutting Lake, as required by the Natural Resources and Environmental Protection Act in Part 307 (Inland Lake Levels), MCL 324.30701 et seq. The petition requests that a normal lake level for Lake be determined and established; andWHEREAS, the seasonable variations of inflow and evaporation or other losses, combined with a lack of suitable control over outflow, causes the water level of Lake to vary to a degree which is harmful to the property owners’ interests; andWHEREAS, MCL 324.30703 provides that the County Board of Commissioners may require that a preliminary study be conducted by a licensed professional engineer; and WHEREAS, MCL 324.30703 further provides that the County Board of Commissioner may require a cash payment from the petitioners pursuant to cover the actual preliminary study costs or of $10,000.00, whichever is less; andWHEREAS, MCL 324.30711 provides that the County Board of Commissioners may determine that a whole or part of the cost of a project to establish and maintain a normal level for an inland lake shall be defrayed by special assessment by those benefited, including privately owned parcels of land, political subdivisions of the State, and State owned lands under the jurisdiction and control of the Department of Natural Resources.NOW, THEREFORE BE IT RESOLVED, that the County Drain Commissioner shall serve as the delegated authority under the provisions of Part 307 of the Natural Resources Environmental Protection Act, and shall cause a preliminary study to be conducted by a licensed professional engineer. After the preliminary study is completed, a copy shall be forwarded to the Board of Commissioners, and the Board will determine whether to resolve to initiate an action in County Circuit Court to have determined and established the normal level(s) of Lake pursuant to MCL 324.30704.BE IT FURTHER RESOLVED, that before the preliminary study is conducted, the County Drain Commissioner will require a cash payment from the petitioners to cover the actual preliminary study costs or of $10,000.00, whichever is less.Approved: Date:SAMPLEClerk*Resolution that does not require preliminary engineering study or cash bond RESOLUTION OF THE COUNTY BOARD OF COMMISSIONERS________________________LAKEWHEREAS, the County Board of Commissioners is in receipt of a petition signed by 2/3 of the owners of lands abutting Lake, as required by the Natural Resources and Environmental Protection Act in Part 307 (Inland Lake Levels), MCL 324.30701 et seq. The petition requests that a normal lake level for Lake be determined and established; andWHEREAS, the seasonable variations of inflow and evaporation or other losses, combined with a lack of suitable control over outflow, causes the water level of Lake to vary to a degree which is harmful to the property owners’ interests; andWHEREAS, MCL 324.30711 provides that the County Board of Commissioners may determine that a whole or part of the cost of a project to establish and maintain a normal level for an inland lake shall be defrayed by special assessment by those benefited, including privately owned parcels of land, political subdivisions of the State, and State owned lands under the jurisdiction and control of the Department of Natural Resources.NOW, THEREFORE BE IT RESOLVED, that legal counsel on behalf of the County initiate proceedings by petition to the County Circuit Court for determination and establishment of a normal lake level(s) and for the determination of a special assessment district to defray all of the costs of a project to establish and maintain that lake level so that a special assessment can be made against those benefited by the project to include privately owned parcels of land, political subdivisions of the State, and State owned lands under the jurisdiction and control of the Department of Natural Resources.BE IT FURTHER RESOLVED, that the County Drain Commissioner shall serve as the delegated authority under the provisions of Part 307 of the Natural Resources Environmental Protection Act, and upon the Court Order determining the normal level(s) of Lake and the establishment of a special assessment district, theCounty Drain Commissioner, as delegated authority, shall prepare a computation of the cost of the project and prepare a special assessment roll.Approved: Date:ClerkSAMPLE*Resolution requires study, but no bondRESOLUTION OF THE COUNTY BOARD OFCOMMISSIONERS_________________________LAKEWHEREAS, the County Board of Commissioners is in receipt of a petition signed by 2/3 of the owners of lands abutting Lake, as required by the Natural Resources and Environmental Protection Act in Part 307 (Inland Lake Levels), MCL 324.30701 et seq. The petition requests that a normal lake level for Lake be determined and established; andWHEREAS, the seasonable variations of inflow and evaporation or other losses, combined with a lack of suitable control over outflow, causes the water level of Lake to vary to a degree which is harmful to the property owners’ interests; andWHEREAS, MCL 324.30703 provides that the County Board of Commissioners may require that a preliminary study be conducted by a licensed professional engineer; and WHEREAS, MCL 324.30711 provides that the County Board of Commissioners may determine that a whole or part of the cost of a project to establish and maintain a normal level for an inland lake shall be defrayed by special assessment by those benefited, including privately owned parcels of land, political subdivisions of the State, and State owned lands under the jurisdiction and control of the Department of Natural Resources.NOW, THEREFORE BE IT RESOLVED, that the County Drain Commissioner shall serve as the delegated authority under the provisions of Part 307 of the Natural Resources Environmental Protection Act, and shall cause a preliminary study to be conducted by a licensed professional engineer. After the preliminary study is completed, a copy shall be forwarded to the Board of Commissioners, and the Board will determine whether to resolve to initiate an action in County Circuit Court to have determined and established the normal level(s) of Lake pursuant to MCL 324.30704.Approved: Date:SAMPLEClerkMotion No.:GUIDELINES FOR CONDUCTING A LAKE LEVEL STUDY UNDERPART 307, INLAND LAKE LEVELS, OF THENATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT,1994 PA 451, AS AMENDEDINTRODUCTIONPart 307, Inland Lake Levels, intends that lake levels may be established for the protection of public health, welfare, and safety and for the conservation of natural resources. To achieve this goal, a lake level study must be conducted to determine:1.The best level/or levels for the protection of the interests of all riparians and the lakeenvironment,2.The type of water control structure needed, and3.The cost.Such a study should be conducted prior to the court proceedings since it can be very helpful to the court in its determination of the normal lake level.A lake level study is not easily conducted by laymen. A Licensed Professional Engineer should oversee the work. To be of greatest value, the engineer should seek the assistance of experts in the field of fisheries management, aquatic biology, limnology and wildlife management, dam safety, as well as the local Health Departments and the Departments of Natural Resources and Environmental Quality.The Office of Equal Opportunity and Legal Services, coordinates the Department of Natural Resources' involvement in establishing what legal lake level will best protect the interests of all riparians and the lake environment. Their phone number is 517-335-1582. They should be contacted early in the proceedings so that Department of Natural Resources' personnel can be available to provide testimony before the court.The Dam Safety Program of the Land and Water Management Division, Department of Environmental Quality, reviews applications for the construction of lake level control structures. They can be reached at 517-335-3176.The attached “Recommended Lake Level Study Outline” is provided as an example of the considerations which should be made when conducting a study to determine the best lake level/or levels.RECOMMENDED LAKE LEVEL STUDY OUTLINEI.Hydrology of watershed.II.Hydraulics of outlet channel.III.Recommendations for the most desirable high level and low levels and duration of same, based on:A. A study of past lake level records, if available.B.Septic tank and drain field levels in critical low-lying areas.C. A survey of property owners opinions and/or desires.D.Recreational uses of the lake including dock elevations. This may be determined bytaking beach profiles in critical areas.E.Levels at which shore erosion and/or ice damage occurs.F.Fisheries and Wildlife habitat. Assistance should be requested from Fisheries andWildlife Divisions, Department of Natural Resources.G.The effect of levels on aquatic weed growth.IV.Recommendations for practical methods of maintaining and manipulating legal levels (include an operational guideline for the proposed or existing structure).V.Estimated cost of project including annual maintenance and triennial inspections.VI.Recommended Assessment District Boundaries.VII.Recommended apportionment of assessment within the district.VIII.Estimated cost to individual property owners and political subdivisions.IX.An Environmental Assessment of the proposed action.X.Conclusions and recommendations.。