Convention on the Regulation of Antarctic Mineral Resource Activities

 

Article 27

Reporting by the Advisory Committee

The Advisory Committee shall present a report on each of its meetings to the
Commission and to any relevant Regulatory Committee. The report shall cover all
matters considered at the meeting and shall reflect the conclusions reached and
all the views expressed by members of the Advisory Committee. The report shall
be circulated the Executive Secretary to all Parties, and to observers attending
the meeting, and shall thereupon be made publicly available.

Article 28

Special Meeting of Parties

1 A Special Meeting of Parties shall, as required, be convened in accordance
with Article 40(2) and shall have the functions, in relation to the
identification of an area for possible exploration and development, specified in
Article 40(3).

2 Membership of a Special Meeting of Parties shall be to all Parties, each of
which shall be represented by representative who may be accompanied by alternate
representatives and advisers.

3 Observer status at a Special Meeting of Parties shall be open to any
Contracting Party to The Antarctic Treaty which is not a Party to this
Convention.

4 Each Special Meeting of Parties shall elect from among its members a Chairman
and Vice-Chairman, each of whom shall serve for the duration of that meeting.
The Chairman and Vice-Chairman shall not be representatives of the same Party.

5 The Special Meeting of Parties shall, by a two-thirds majority of the members
present and voting, adopt its rules of procedure. Until such time as this has
been done the Special Meeting of Parties shall apply provisional rules of
procedure drawn up by the Commission.

[*882] 6 Unless the Commission decides otherwise, a Special Meeting of Parties
shall be convened by the Executive Secretary and shall be held at the same venue
as the meeting of the Commission convened to consider the identification of an
area for possible exploration and development.

Article 29

Regulatory Committees

1 An Antarctic Mineral Resources Regulatory Committee shall be established for
each area identified by the Commission pursuant to Article 41.

2 Subject to paragraph 6 below, each Regulatory Committee shall consist of 10
members. Membership shall be determined by the Commission in accordance with
this Article and, taking into account Article 9, shall include:

(a) the member, if any, or if there are more than one, those members of the
Commission identified by reference to Article 9(b) which assert rights or claims
in the identified area;

(b) the two members of the Commission also identified by reference to Article
9(b) which assert a basis of claim in Antarctica;

(c) other members of the Commission determined in accordance with this Article
so that the Regulatory Committee shall, subject to paragraph 6 below, consist,
in total, of 10 members:

(i) four members identified by reference to Article 9(b) which assert rights or
claims, including the member or members, if any, referred to in subparagraph (a)
above; and

(ii) six members which do not assert rights or claims as described in Article
9(b), including the two members referred to in subparagraph (b) above.

3 Upon the identification of an area in accordance with Article 41(2), the
Chairman of the Commission shall, as soon as possible and in any event within 90
days, make a recommendation to the Commission concerning the membership of the
Regulatory Committee. To this end the Chairman shall consult, as appropriate,
with the Chairman of the Advisory Committee and all members of the Commission.
Such recommendation shall comply with the requirements of paragraphs 2 and 4 of
this Article and shall ensure:

(a) the inclusion of members of the Commission which, whether through
prospecting, scientific research or otherwise, have contributed substantial
scientific, technical or environmental information relevant to the
identification of the area by the Commission pursuant to Article 41;

(b) adequate and equitable representation of developing country members of the
Commission, having regard to the overall balance between developed and
developing country members of the Commission, including at least three
developing country members of the Commission;

(c) that account is taken of the value of a rotation of membership of Regulatory
Committees as a further means of ensuring equitable representation of members of
the Commission.

4 (a) When there are one or more members of the Regulatory Committee referred to
in paragraph 2(a) above, the Chairman of the Commission shall make the
recommendation in respect of paragraph 2(c)(i) above upon the nomination, if
any, of such member or members which shall take into account paragraph 3 above,
in particular subparagraph (b) of that paragraph.

(b) In making the recommendation in respect of paragraph 2 (c)(ii) above, the
Chairman of the Commission shall give full weight to the views (which shall take
into account paragraph 3 above) which may be presented on behalf of those
members of the Commission which do not assert rights of or claims to territorial
sovereignty in Antarctica and, with reference to the requirements of paragraph
3(b) above, to the views which may be presented on behalf of the developing
countries among them.

5 The recommendation of the Chairman of the Commission shall be deemed to have
been approved by the Commission if it does not decide otherwise at the same
meeting as the recommendation is submitted. In taking any decision in
accordance with this Article the Commission shall ensure that the requirements
of paragraphs 2 and 3 above are complied with and that the nomination, if any,
referred to in paragraph 4(a) above is given effect.

6 (a) If a member of the Commission which has sponsored prospecting in the
identified area and submitted the notification pursuant to Article 39 upon which
the Commission based its identification of the area pursuant to Article 41, is
not a member of the Regulatory Committee by virtue of paragraphs 2
and 3 above, that member of the Commission shall be a member of the Regulatory
Committee until such time as an application for an exploration permit is lodged
pursuant to Article 44.

(b) If a Party lodging an application for an exploration permit pursuant to
Article 44 is not a member of the Regulatory Committee by virtue of paragraphs 2
and 3 above, that Party shall be a member of the Regulatory Committee for its
consideration of that application. Should such application result in approval
of a Management Scheme pursuant to Article 48, the Party in question shall
remain a member of the Regulatory Committee during such time as that Management
Scheme is in force with the right to take part in decisions on matters affecting
that Management Scheme.

7 Nothing in this Article shall be interpreted as affecting Article IV of the
Antarctic Treaty.

Article 30

Regulatory Committee Procedure

1 The first meeting of each Regulatory Committee shall be convened by the
Executive Secretary in accordance with Article 43(1). Each Regulatory Committee
shall meet thereafter when and where necessary to fulfil its functions.

2 Each member of a Regulatory Committee shall be represented by one
representative who may be accompanied by alternate representatives and advisers.

3 Each Regulatory Committee shall elect from among its members a Chairman and
Vice-Chairman. The Chairman and Vice-Chairman shall not be representatives of
the same Party.

4 Any Party may attend meetings of a Regulatory Committee as an observer.

5 Each Regulatory Committee shall adopt its rules of procedure. Such rules may
include provisions concerning the period and number of terms of office which the
Chairman and Vice-Chairman may serve and for the rotation of such offices.

 

Author: international

Mentioned in these Entries

Continental Shelf, Convention on the Regulation of Antarctic Mineral Resource Activities, The Antarctic Treaty, country.