HAVING REGARD to the Convention on the Organisation for Economic Co-operation and Development of 14th December 1960 and, in particular, to Articles 2(d), 3 and 5(a) thereof;
HAVING REGARD to the Resolution of the Council of 22nd December 1976 on the Terms of Reference of the Committee on International Investment and Multinational Enterprises and, in particular, to paragraph 2 thereof [Doc. No. C(76)209(Final)];
TAKING NOTE of the Declaration by the Governments of OECD Member countries of 21st June 1976 in which they jointly recommend to multinational enterprises the observance of guidelines for multinational enterprises;
HAVING REGARD to the Decision of the Council of 21st June 1976 on Inter - Governmental Consultation Procedures on the Guidelines for Multinational Enterprises [Doc. No. C(76)117];
RECOGNISING the desirability of setting forth procedures by which consultations may take place on matters related to these guidelines;
CONSIDERING the Report on the review of the 1976 Declaration and Decisions on international investment and multinational enterprises [Doc. No. C(79)102(Final)];
On the proposal of the Committee on International Investment and Multinational Enterprises;
1. The Committee on International Investment and Multinational Enterprises (hereinafter called "the Committee") shall periodically or at the request of a Member country hold an exchange of views on matters related to the Guidelines and the experience gained in their application. The Committee shall be responsible for clarification of the Guidelines. Clarification will be provided as required. The Committee shall periodically report to the Council on these matters.
2. The Committee shall periodically invite the Business and Industry Advisory Committee to OECD (BIAC) and the Trade Union Advisory Committee to OECD (TUAC) to express their views on matters related to the Guidelines. In addition, exchanges of views with the advisory bodies on these matters may be held upon request by the latter. The Committee shall take account of such views in its reports to the Council.
3. If it so wishes, an individual enterprise will be given the opportunity to express its views either orally or in writing on issues concerning the Guidelines involving its interests.
4. The Committee shall not reach conclusions on the conduct of individual enterprises.
5. Member countries may request that consultations be held in the Committee on any problem arising from the fact that multinational enterprises are made subject to conflicting requirements. Governments concerned will co-operate in good faith with a view to resolving such problems, either within the Committee or through other mutually acceptable arrangements.
6. This Decision shall be reviewed at the latest in five years. The Committee shall make proposals for this purpose as appropriate.
7. This Decision replaces Decision C(76)117.