Section 137p. 137

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(h) present to the Assembly annual reports and such

special reports as the Assembly may request;

(i) issue directives to the Enterprise in accordance with

article 170;

(j) approve plans of work in accordance with Annex III,

article 6. The Council shall act upon each plan of work

within 60 days of its submission by the Legal and

Technical Commission at a session of the Council in

accordance with the following procedures:

(i) if the Commission recommends the approval of a plan

of work, it shall be deemed to have been approved by the

Council if no member of the Council submits in writing to

the President within 14 days a specific objection alleging

non-compliance

with the requirements of Annex III,

article

6.

If

there

is

an

objection,

the

conciliation

procedure set forth in article 161, paragraph 8(e), shall

apply. If, at the end of the conciliation procedure, the

objection is still maintained, the plan of work shall be

deemed to have been approved by the Council unless the

Council disapproves it by consensus among its members

excluding any State or States making the application or

sponsoring the applicant;

(ii) if the Commission recommends the disapproval of a

plan of work or does not make a recommendation, the

Council may approve the plan of work by a three-fourths

majority of the members present and voting, provided

that such majority includes a majority of the members

participating in the session;

(k) approve plans of work submitted by the Enterprise in

accordance with Annex IV, article 12, applying, mutatis

mutandis , the procedures set forth in subparagraph (j);

(l)

exercise

control

over

activities

in

the

Area

in

accordance with article 153, paragraph 4, and the rules,

regulations and procedures of the Authority;

(m) take, upon the recommendation of the Economic

Planning

Commission,

necessary

and

appropriate

measures in accordance with article 150, subparagraph

(h), to provide protection from the adverse economic

effects specified therein;

(n) make recommendations to the Assembly, on the basis

of advice from the Economic Planning Commission, for a

system of compensation or other measures of economic

adjustment

assistance

as

provided

in

article

151,

paragraph 10;

(o) (i) recommend to the Assembly rules, regulations and

procedures on the equitable sharing of financial and

other economic benefits derived from activities in the

Area and the payments and contributions made pursuant

to article 82, taking into particular consideration the

interests and needs of the developing States and peoples

who

have

not

attained

full

independence

or other

self-governing status;

(ii) adopt and apply provisionally, pending approval by the

Assembly, the rules, regulations and procedures of the

Authority, and any amendments thereto, taking into

account the recommendations of the Legal and Technical

Commission

or

other

subordinate

organ

concerned.

These rules, regulations and procedures shall relate to

prospecting, exploration and exploitation in the Area and

the financial management and internal administration of

the Authority. Priority shall be given to the adoption of

rules, regulations and procedures for the exploration for

and

exploitation

of

polymetallic

nodules.

Rules,

regulations and procedures for the exploration for and

exploitation

of

any resource other than polymetallic

nodules shall be adopted within three years from the

date of a request to the Authority by any of its members

to

adopt

such

rules,

regulations and procedures in

respect

of

such

resource.

All

rules,

regulations and

procedures shall remain in effect on a provisional basis

until approved by the Assembly or until amended by the

Council in the light of any views expressed by the

Assembly;

(p) review the collection of all payments to be made by or

to the Authority in connection with operations pursuant

to this Part;

(q)

make

the

selection

from

among

applicants

for

production authorizations pursuant to Annex III, article 7,

where such selection is required by that provision;

(r) submit the proposed annual budget of the Authority to

the Assembly for its approval;

(s) make recommendations to the Assembly concerning

policies

on

any

question

or

matter

within

the

competence of the Authority;

(t) make recommendations to the Assembly concerning

suspension of the exercise of the rights and privileges of

membership pursuant to article 185;

(u) institute proceedings on behalf of the Authority before

the

Seabed

Disputes

Chamber

in

cases

of

non-compliance;

(v) notify the Assembly upon a decision by the Seabed

Disputes

Chamber

in

proceedings

instituted

under

subparagraph

(u),

and

make

any

recommendations

which it may find appropriate with respect to measures

to be taken;

(w) issue emergency orders, which may include orders for

the suspension or adjustment of operations, to prevent

serious harm to the marine environment arising out of

activities in the Area;

(x) disapprove areas for exploitation by contractors or the

Enterprise in cases where substantial evidence indicates

the risk of serious harm to the marine environment;

(y) establish a subsidiary organ for the elaboration of draft

financial rules, regulations and procedures relating to:

(i) financial management in accordance with articles 171

to 175; and

(ii) financial arrangements in accordance with Annex III,

article 13 and article 17, paragraph 1(c);

(z) establish appropriate mechanisms for directing and

supervising

a

staff

of

inspectors

who

shall

inspect

activities in the Area to determine whether this Part, the

rules, regulations and procedures of the Authority, and

the

terms and conditions of any contract with the

Authority are being complied with.

Article 163. Organs of the Council

1. There are hereby established the following organs of

the Council:

(a) an Economic Planning Commission;

(b) a Legal and Technical Commission.

2. Each Commission shall be composed of 15 members,

elected by the Council from among the candidates

nominated by the States Parties. However, if necessary,

the Council may decide to increase the size of either

Commission

having

due

regard

to

economy

and

efficiency.

3. Members of a Commission shall have appropriate

qualifications

in

the

area

of

competence

of

that

Commission. States Parties shall nominate candidates of

the highest standards of competence and integrity with

qualifications in relevant fields so as to ensure the

effective exercise of the functions of the Commissions.

4. In the election of members of the Commissions, due

account

shall

be

taken

of

the

need

for

equitable

geographical

distribution

and

the

representation

of

special interests.

5. No State Party may nominate more than one candidate

for the same Commission. No person shall be elected to

serve on more than one Commission.

6. Members of the Commissions shall hold office for a

term of five years. They shall be eligible for re-election for

a further term.

© Compiled by RGL

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