Operative provisions The formal arrangement of the operative provisions of Conventions and Recommendations should follow certain rules in order to harmonize their content and ensure that every aspect of the question is covered. The instruments should be divided into parts, to the extent possible. A Part specifying the instrument's material scope and relevant definitions should be included immediately after the preamble. This first Part should also contain provisions allowing member States to modify the extent of their obligations in respect of the instrument they have ratified. Recommendations should use the same substantive scope of application definitions as those in the Conventions they accompany [or refer to the Convention using the formula "The provisions of this Recommendation supplement those of the [name of Convention], and should be applied in conjunction with them"]. Moreover, in the case of in the case of Conventions, a separate Part containing all the final provisions and any transitional provisions should be systematically included at the end of the operative provisions. Furthermore, instruments should be structured in such a way that the procedural provisions regarding implementation in the broader sense are grouped together and placed immediately before the final provisions. This would mean placing in one separate Part all general provisions relating to national measures for implementation and supervision, including penalties, and the obligation to conduct prior tripartite consultation. These proposals regarding the instrument's formal structure are based on the assumption that all the provisions regarding rights and obligations are placed after the first Part concerning the substantive scope and definitions but before the Part containing provisions concerning implementation. As for the organization of the Parts concerning rights and obligations, such Parts can be arranged in different ways, largely depending on the particular circumstances. For example, these Parts can include provisions setting out obligations (of member States, employers or workers) or rights (of employers or workers), or both. They can also specify the obligatory or suggested content of policy or legislation to be developed, enacted and implemented by the competent authorities of member States in consultation with organizations of employers and workers. In the area of occupational safety and health, including the management of hazardous products, consideration should be given in all cases to the possibility of including a Part containing detailed information on the preventive and protective measures required or recommended. In addition, the schedules or lists should always be placed together at the end of the instrument in annexes. To summarize, the formal structure of Conventions could be the following: - Part I - Scope and definitions; - Part II - Rights and obligations; - Part III - Means and methods of implementation and supervision; - Part IV - Final provisions As a general rule, Recommendations should be arranged in the same way, except for the Parts dealing with means and methods of implementation and final provisions. It might also be possible to include in a separate Part (or annexes) any proposals regarding practical means of meeting the obligations specified in the Conventions they accompany.
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