- 1
- The Regulations and the provisions of Part A of the Code are mandatory. The provisions of Part B of the Code are not mandatory.
- 2
- Each Member undertakes to respect the rights and principles set out in the Regulations and to implement each Regulation in the manner set out in the corresponding provisions of Part A of the Code. In addition, the Member shall give due consideration to implementing its responsibilities in the manner provided for in Part B of the Code.
- 3
- A Member which is not in a position to implement the rights and principles in the manner set out in Part A of the Code may, unless expressly provided otherwise in this Convention, implement Part A through provisions in its laws and regulations or other measures which are substantially equivalent to the provisions of Part A.
- 4
- For the sole purpose of paragraph 3 of this Article, any law, regulation, collective agreement or other implementing measure shall be considered to be substantially equivalent, in the context of this Convention, if the Member satisfies itself that:
-
- a)it is conducive to the full achievement of the general object and purpose of the provision or provisions of Part A of the Code concerned; and
- b)it gives effect to the provision or provisions of Part A of the Code concerned.
