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.