Convention on the Regulation of Antarctic Mineral Resource Activities

Convention on the Regulation of Antarctic Mineral Resource Activities

 

Article 22

Decision Making in the Commission

1 The Commission shall take decisions on matters of substance by a
three-quarters majority of the members present and voting. When a question
arises as to whether a matter is one of substance or not, that matter shall be
treated as one of substance unless otherwise decided by a three-quarters
majority of the members present and voting.

2 Notwithstanding paragraph 1 above, consensus shall be required for the
following:

(a) the adoption of the budget and decisions on budgetary and related matters
pursuant to Article 21(1)(p), (q) and (r) and Article 35(1), (2), (3), (4) and
(5);

(b) decisions taken pursuant to Article 21(1)(i);

(c) decisions taken pursuant to Article 41(2).

3 Decisions on matters of procedure shall be taken by a simple majority of the
members present and voting.

4 Nothing in this Article shall be interpreted as preventing the Commission, in
taking decisions on matters of substance, from endeavouring to reach a
consensus.

5 For the purposes of this Article, consensus means the absence of a formal
objection. If, with respect to any decision covered by paragraph 2(c) above,
the Chairman of the Commission determines that there would be such an objection
he shall consult the members of the Commission. If, as a result of these
consultations, the Chairman determines that an objection would remain, he shall
convene those members most directly interested for the purpose of seeking to
reconcile the differences and producing a generally acceptable proposal.

Article 23

Advisory Committee

1 There is hereby established the Scientific, Technical and Environmental
Advisory Committee.

2 Membership of the Advisory Committee shall be open to all Parties.

3 Each member of the Advisory Committee shall be represented by one
representative with suitable scientific, technical or environmental competence
who may be accompanied by alternate representatives and by experts and advisers.

4 Observer status in the Advisory Committee shall be open to any Contracting
Party to The Antarctic Treaty or to the Convention on the Conservation of
Antarctic Marine Living Resources which is not a Party to this Convention.

Article 24

Advisory Committee Meetings

1 Unless the Commission decides otherwise, the Advisory Committee shall be
convened for its first meeting within six months of the first meeting of the
Commission. It shall meet thereafter as necessary to fulfil its functions on
the basis of a schedule established by the Commission.

2 Meetings of the Advisory Committee, in addition to those scheduled
pursuant to paragraph 1 above, shall be convened at the request of at least six
members of the Commission or pursuant to Article 40(1).

3 Unless the Commission decides otherwise, the meetings of the Advisory
Committee shall be convened by the Executive Secretary.

Article 25

Advisory Committee Procedure
1 The Advisory Committee shall elect from among its members a Chairman and two
Vice-Chairmen, each of whom shall be a representative of a different Party.

2 (a) Until such time as the Commission has established a schedule of meetings
in accordance with Article 24(1), the Chairman and Vice-Chairmen shall be
elected to serve for a period of two years, provided that if no meeting in held
during that period they shall continue to serve until the conclusion of the
first meeting held thereafter.

(b) When a schedule of meetings has been established, the Chairman and
Vice-Chairmen shall be elected to serve for a period of two years.

3 The Advisory Committee shall give advance public notice of its meetings and of
matters to be considered at each meeting so as to permit the receipt and
consideration of views on such matters from international organisations having
an interest in them. For this purpose the Advisory Committee may, subject to
review by the Commission, establish procedures for the transmission of relevant
information to these organisations.

4 The Advisory Committee shall, by a two-thirds majority of the members present
and voting, adopt its rules of procedure. Such rules may include provisions
concerning the number of terms of office which the Chairman and Vice-Chairmen
may serve and for the rotation of such offices. The rules of procedure and any
amendments thereto shall be subject to approval by the Commission.

5 The Advisory Committee may establish such subcommittees, subject to budgetary
approval, as may be necessary for the performance of its functions.

Article 26

Functions of the Advisory Committee

1 The Advisory Committee shall advise the Commission and Regulatory Committees,
aa required by this Convention, or as requested by them, on the scientific,
technical and environmental aspects of Antarctic mineral resource activities.
It shall provide a forum for consultation and cooperation concerning the
collection, exchange and evaluation of information related to the scientific,
technical and environmental aspects of Antarctic mineral resource activities.

2 It shall provide advice to:

(a) the Commission relating to its functions under Articles 21(1)(a) to (f), (u)
and (x) and 35(7)(a) (in matters relating to scientific research) as well as on
the implementation of Article 4; and

(b) Regulatory Committees with respect to:

(i) the implementation of Article 4;

(ii) scientific, technical and environmental aspects of Articles 43(3) and (5),
45, 47, 51, 52 and 54;

(iii) data to be collected and reported in accordance with Articles 47 and 52;
and
(iv) the scientific, technical and environmental implications of reports and
reported data provided in accordance with Articles 47 and 52.

3 It shall provide advice to the Commission and to Regulatory Committees on:

(a) criteria in respect of the judgments required under Article 4(2) and (3) for
the purposes of Article 4(1);

(b) types of data and information required to carry out its functions, and how
they should be collected, reported and archived;

(c) scientific research which would contribute to the base of data and
information required in subparagraph (b) above;

(d) effective procedures and systems for data and information analysis,
evaluation, presentation and dissemination to facilitate the judgments referred
to in Article 4; and

(e) possibilities for scientific, technical and environmental
cooperation amongst interested Parties which are developing countries and other
Parties.

4 The Advisory Committee, in providing advice on decisions to be taken in
accordance with Articles 41, 43, 45 and 54 shall, in each case, undertake a
comprehensive environmental and technical assessment of the proposed actions.
Such assessments shall be based on all information, and any amplifications
thereof, available to the Advisory Committee, including the information provided
pursuant to Articles 39(2)(e), 44(2)(b)(iii) and 53(2)(b). The assessments of
the Advisory Committee shall, in each case, address the nature and scope of the
decisions to be taken and shall include consideration, as appropriate, of, inter
alia:

(a) the adequacy of existing information to enable informed judgments to be
made;

(b) the nature, extent, duration and intensity of likely direct environmental
impacts resulting from the proposed activity;

(c) possible indirect impacts;

(d) means and alternatives by which such direct or indirect impacts might be
reduced, including environmental consequences of the alternative of not
proceeding;

(e) cumulative impacts of the proposed activity in the light of existing or
planned activities;

(f) capacity to respond effectively to accidents with potential environmental
effects;

(g) the environmental significance of unavoidable impacts; and

(h) the probabilities of accidents and their environmental consequences.

5 In preparing its advice the Advisory Committee may seek information and
advice from other scientists and experts or scientific organisations as may be
required on an ad hoc basis.

6 The Advisory Committee shall, with a view to promoting international
participation in Antarctic mineral resource activities as provided for in
Article 6, provide advice concerning the availability to interested developing
country Parties and other Parties, of the information referred to in paragraph 3
above, of training programmes related to scientific, technical and environmental
matters bearing on Antarctic mineral resource activities, and of opportunities
for cooperation among Parties in these programmes.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

The Antarctic Treaty.


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