TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 90

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Community position/Cummion positio

Paragraph 2(a) is acceptable.

As regards (b) and (c), the Union established in the draft Treaty has

an Assembly but no financial provisions. The convocation of any

Diplomatic Conference and the proposed dispute settlement procedure

may involve financial obligations on the part of either the

Contracting Parties or the WIPO member states. The majority required

for decisions of the Assembly will according to paragraph 5

be

subject to the rules of procedure, which the Assembly itself will have

to adopt by a simple majority (Rule 35 of the General Rules of

Procedure of WIPO). Although the actual text does not involve any

financial obligations, such obligations are not therefore totally

excluded for the future.

As regards paragraph 2(b) such an uncertainty seems acceptable due to

the exceptional character of revision conferences. However,

as

regards the financial Implications of a dispute settlement procedure,

It should be suggested that the cost for panels and Assembly meetings

(if any) should be covered from the WIPO Budget, until the Assembly

has decided by a three-fourth majority on the financing.

Community position

Paragraph (3) (Voting)

This paragraph does not correspond to the Community proposal made on

the question of voting, which aimed at ensuring that the participation

of the EEC would not result in any additional vote over and above

those of the Member States. The present text should therefore only be

accepted if the relevant majority were to be in favour of such an

additional vote for the EEC In a situation, where contrary to the case

with the Community Trade Mark, the EEC does not have its own system

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