Section 138p. 138

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

7. In the event of the death, incapacity or resignation of a

member of a Commission prior to the expiration of the

term of office, the Council shall elect for the remainder of

the term, a member from the same geographical region

or area of interest.

8. Members of Commissions shall have no financial

interest

in

any

activity

relating

to

exploration

and

exploitation in the Area. Subject to their responsibilities to

the Commissions upon which they serve, they shall not

disclose, even after the termination of their functions, any

industrial secret, proprietary data which are transferred to

the Authority in accordance with Annex III, article l4, or

any

other

confidential

information

coming

to

their

knowledge by reason of their duties for the Authority.

9.

Each

Commission

shall

exercise

its

functions

in

accordance with such guidelines and directives as the

Council may adopt.

10. Each Commission shall formulate and submit to the

Council for approval such rules and regulations as may be

necessary for the efficient conduct of the Commission's

functions.

11. The decision-making procedures of the Commissions

shall

be

established

by

the

rules,

regulations

and

procedures of the Authority. Recommendations to the

Council shall, where necessary, be accompanied by a

summary

on

the

divergencies

of

opinion

in

the

Commission.

12. Each Commission shall normally function at the seat of

the Authority and shall meet as often as is required for

the efficient exercise of its functions.

13. In the exercise of its functions, each Commission may,

where

appropriate, consult another commission, any

competent

organ

of

the

United

Nations

or

of

its

specialized agencies or any international organizations

with

competence

in

the

subject-matter

of

such

consultation.

Article 164. The Economic Planning Commission

1. Members of the Economic Planning Commission shall

have appropriate qualifications such as those relevant to

mining,

management

of

mineral

resource

activities,

international

trade

or

international

economics.

The

Council shall endeavour to ensure that the membership

of the Commission reflects all appropriate qualifications.

The Commission shall include at least two members from

developing States whose exports of the categories of

minerals to be derived from the Area have a substantial

bearing upon their economies.

2. The Commission shall:

(a) propose, upon the request of the Council, measures to

implement decisions relating to activities in the Area

taken in accordance with this Convention;

(b) review the trends of and the factors affecting supply,

demand and prices of minerals which may be derived

from the Area, bearing in mind the interests of both

importing and exporting countries, and in particular of

the developing States among them;

(c) examine any situation likely to lead to the adverse

effects

referred

to

in

article

150,

subparagraph

(h),

brought to its attention by the State Party or States

Parties

concerned,

and

make

appropriate

recommendations to the Council;

(d)

propose

to

the

Council

for

submission

to

the

Assembly, as provided in article 151, paragraph 10, a

system of compensation or other measures of economic

adjustment assistance for developing States which suffer

adverse effects caused by activities in the Area. The

Commission shall make the recommendations to the

Council that are necessary for the application of the

system or other measures adopted by the Assembly in

specific cases.

Article 165. The Legal and Technical Commission

1. Members of the Legal and Technical Commission shall

have appropriate qualifications such as those relevant to

exploration for and exploitation and processing of mineral

resources,

oceanology,

protection

of

the

marine

environment, or economic or legal matters relating to

ocean mining and related fields of expertise. The Council

shall endeavour to ensure that the membership of the

Commission reflects all appropriate qualifications.

2. The Commission shall:

(a) make recommendations with regard to the exercise of

the Authority's functions upon the request of the Council;

(b) review formal written plans of work for activities in the

Area in accordance with article 153, paragraph 3, and

submit appropriate recommendations to the Council. The

Commission shall base its recommendations solely on

the grounds stated in Annex III and shall report fully

thereon to the Council;

(c) supervise, upon the request of the Council, activities in

the

Area,

where

appropriate,

in

consultation

and

collaboration with any entity carrying out such activities

or State or States concerned and report to the Council;

(d)

prepare

assessments

of

the

environmental

implications of activities in the Area;

(e)

make

recommendations

to

the

Council

on

the

protection

of

the

marine

environment,

taking

into

account the views of recognized experts in that field;

(f)

formulate

and

submit

to

the

Council

the rules,

regulations and procedures referred to in article 162,

paragraph 2(o), taking into account all relevant factors

including assessments of the environmental implications

of activities in the Area;

(g) keep such rules, regulations and procedures under

review and recommend to the Council from time to time

such amendments thereto as it may deem necessary or

desirable;

(h) make recommendations to the Council regarding the

establishment of a monitoring programme to observe,

measure, evaluate and analyse, by recognized scientific

methods, on a regular basis, the risks or effects of

pollution

of

the marine environment resulting from

activities in the Area, ensure that existing regulations are

adequate and are complied with and coordinate the

implementation of the monitoring programme approved

by the Council;

(i)

recommend

to

the

Council that proceedings be

instituted on behalf of the Authority before the Seabed

Disputes Chamber, in accordance with this Part and the

relevant Annexes taking into account particularly article

187;

(j) make recommendations to the Council with respect to

measures to be taken, upon a decision by the Seabed

Disputes

Chamber

in

proceedings

instituted

in

accordance with subparagraph (i);

(k)

make

recommendations to the Council to 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. Such recommendations shall be

taken up by the Council on a priority basis;

(l) make recommendations to the Council to disapprove

areas for exploitation by contractors or the Enterprise in

cases where substantial evidence indicates the risk of

serious harm to the marine environment;

(m) make recommendations to the Council regarding the

direction and supervision of a staff of inspectors who shall

inspect activities in the Area to determine whether the

provisions

of

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;

(n) calculate the production ceiling and issue production

authorizations on behalf of the Authority pursuant to

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