«… all States and Intergovernmental Organizations possess the right to become Associated Member of the Organization. This right is notified in writing, by the Directional Secretariat of the Organization to States and to Intergovernmental Organizations, who will decide, according to their respective rules, whether to avail themselves, or not of such right. In case of silent consensus, the right is given as acquired after a period of three months from the date of said notification and the new Member is duly registered in the List of Associated Members, with the relevant prerogatives, like the faculty to attend the sessions of the Council of the Organization in observer capacity and to share its Integrated Emergency Prevention System»
For States this special form of Membership by Right, granted by Consensus, derives from a specific provision of the Vienna Convention on the Law of Treaties (concluded in Vienna 23 May 1969 and entered into force on 27 January 1980 in accordance with article 84 (1) and registered ex officio with the United Nations Treaty Series (UNTS) 27 January 1980 at No. 18232
Treaties providing for rights for third states
1. A right arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to accord that right either to the third State, or to a group of States to which it belongs, or to all States, and the third State assents thereto. Its assent shall be presumed so long as the contrary is not indicated, unless the treaty otherwise provides.
2. A State exercising a right in accordance with paragraph 1 shall comply with the conditions for its exercise provided for in the treaty or established in conformity with the treaty.
In the case of the IEMO Statues (Treaty) the Right arising in favor of third States is the «Right if Membership», considered as acquired by consensus elapsed the provisioned time of 3 months, from the date of notification of such Right.
This must be considered an innovative way to benefit of Provision of Article 36 of Vienna Convention on the Law of Treaties, thus the unquestionable validity of the Convention among UN Member States may justify such a specific use on this regard.
Of course «Member by Right» by Consensus should be considered as unbound beneficiaries of the IEMO services instead of legally bound by the provisions of the IEMO Statutes. In any case any State may in any case revoke this Right of Membership by simple communication addressed to the IEMO Secretariat. We must also recall that IEMO Membership is free from any whatsoever economic implication and therefore open and free.
For International Organizations the admission as member by Right is ruled by from a specific provision of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986)
- A right arises for a third organization from a provision of a treaty if the parties to the treaty intend the provision to accord that right either to the third organization, or to a group of international organizations to which it belongs , or to all international organizations, and the third organization assents thereto. Its assent shall be governed by the rules of the organization
- A State or an international organization exercising a right in accordance with paragraph 1 or 2) shall comply with the conditions for its exercise provided for in the treaty or established in conformity with the treaty.
It is also useful to specify that when used that with the term: Pending Memberships:
- it is intended a State or a Governmental Entities having received a standing invitation to join the IEMO Organization as a Member, but having formally declared that an evaluation process is being further discussed or;
- a State or Governmental Entities having received a standing invitation to join the IEMO organization and having been temporarily considered (in suspension of the Provisions of Article 26 of Vienna Convention – 1969) in Pending Review Status unless differently notified by formal response (the case of a number of European Countries)
and that with the term: Granted Membership
- it is intended a State or Governmental Entity having been notified of the unilateral grant of Associate or Affiliated Membership by the IEMO in the terms expressed by the Notification Letter.
In the List on this web-page:
- For States the References on the Notification Letter are reported in the Principal Protocol Number Field
- For Governmental Entities (Agencies etc.) the References on the Notification Letter are reported in the Secondary Protocol Number Field
The IEMO, being a Member of the United Nations Global Compact (UNGC) – registration number No. 11929 of 22 June 2010 – and has formally expressed its support to the Ten Principles of the United Nations Global Compact and according to the IEMO Transparency Procedure, any listed Member may, at any time:
- request the copy of the original Letter of Notification sent to its specific Department and referred to its Membership Status
- receive information on relevant subsequent communication
- withdraw form the list