Convention on the Regulation of Antarctic Mineral Resource Activities

 

Article 31

Functions of Regulatory Committees

1 The functions of each Regulatory Committee shall be:

(a) to undertake the preparatory work provided for in Article 43;

(b) to consider applications for exploration and development permits in
accordance with Articles 45, 46 and 54;

(c) to approve Management Schemes and issue exploration and development permits
in accordance with Articles 47, 48 and 54;

(d) to monitor exploration and development activities in accordance with Article
52;

(e) to perform the functions assigned to it in Article 51;

(f) to perform the functions relating to inspection assigned to it in Article
12;

(g) to perform the functions relating to dispute settlement assigned to it in
Article 47(r); and

(h) to perform such other functions as are provided for elsewhere in this
Convention.

2 In performing its functions each Regulatory Committee shall seek and take full
account of the views of the Advisory Committee provided in accordance with
Article 26.

3 Each Regulatory Committee shall, subject to Article 16 and measures in effect
pursuant to it and Article 21(1)(h), ensure that a publicly available record of
its decisions, and of Management Schemes in force, is maintained.

Article 32

Decision Making in Regulatory Committees

1 Decisions by a Regulatory Committee pursuant to Articles 48 and 54(5) shall be
taken by a two-thirds majority of the members present and voting, which majority
shall include a simple majority of those members present and voting referred to
in Article 29(2)(c)(i) and also a simple majority of those members present and
voting referred to in Article 29(2)(c)(ii).

2 Decisions by a Regulatory Committee pursuant to Article 43(3) and (5)
shall be taken by a two-thirds majority of the members present and voting, which
majority shall include at least half of those members present and voting
referred to in Article 29(2)(c)(i) and also at least half of those members
present and voting referred to in Article 29(2)(c)(ii)

3 Decisions on all other matters of substance shall be taken by a two-thirds
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 two-thirds majority of the
members present and voting.

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

5 Nothing in this Article shall be interpreted as preventing a Regulatory
Committee, in taking decisions on matters of substance, from endeavouring to
reach a consensus.

Article 33

Secretariat

1 The Commission may establish a Secretariat to serve the Commission, Regulatory
Committees, the Advisory Committee, the Special Meeting of Parties and any
subsidiary bodies established.

2 The Commission may appoint an Executive Secretary, who shall be the head of
the Secretariat, according to such procedures and on such terms and conditions
as the Commission may determine. The Executive Secretary shall serve for a four
year term and may be reappointed.

3 The Commission may, with due regard to the need for efficiency and economy,
authorise such staff establishment for the Secretariat as may be necessary. The
Executive Secretary shall appoint, direct and supervise the staff according to
such rules and procedures and on such terms and conditions as the Commission may
determine.

4 The Secretariat shall perform the functions specified in this Convention and,
subject to the approved budget, the tasks entrusted to it by the Commission,
Regulatory Committees, the Advisory Committee and the Special Meeting of
Parties.

Article 34

Cooperation with International Organisations

1 The Commission and, as appropriate, the Advisory Committee shall cooperate
with The Antarctic Treaty Consultative Parties, the Contracting Parties to the
Convention for the Conservation of Antarctic Seals, the Commission for the
Conservation of Antarctic Marine Living Resources, and the Scientific Committee
on Antarctic Research.

2 The Commission shall cooperate with the United Nations, its relevant
Specialised Agencies, and, as appropriate, any international organisation which
may have competence in respect of mineral resources in areas adjacent to those
covered by this Convention.

3 The Commission shall also, as appropriate, cooperate with the International
Union for the Conservation of Nature and Natural Resources, and with other
relevant international organisations, including non-governmental organisations,
having a scientific, technical or environmental interest in Antarctica.

4 The Commission may, as appropriate, accord observer status in the Commission
and in the Advisory Committee to such relevant international organisations,
including non-governmental organisations, as might assist in the work of the
institution in question. Observer status at a Special Meeting of Parties shall
be open to such organisations as have been accorded observer status in the
Commission or the Advisory Committee.

5 The Commission may enter into agreements with the organisations referred to in
this Article.

 

Article 35

Financial Provisions

1 The Commission shall adopt a budget, on an annual or other appropriate basis,
for:

(a) its activities and the activities of Regulatory Committees, the Advisory
Committee, the Special Meeting of Parties, any subsidiary bodies established and
the Secretariat; and

(b) the progressive reimbursement of any contributions paid under paragraphs 5
and 6 below whenever revenues under paragraph 4 below exceed expenditure.

2 The first draft budget shall be submitted by the Depositary at least
90 days before the first meeting of the Commission. At that meeting the
Commission shall adopt its first budget and decide upon arrangements for the
preparation of subsequent budgets.

3 The Commission shall adopt financial regulations.

4 Subject to paragraph 5 below, the budget shall be financed, inter alia, by:

(a) fees prescribed pursuant to Articles 21(1)(p) and 43(2)(b);

(b) levies on Operators, subject to any measures adopted by the Commission in
accordance with Article 21(1)(q), pursuant to Article 47(k)(i); and

(c) such other financial payments by Operators pursuant to Article 47(k)(ii) as
may be required to be paid to the institutions of this Convention.

5 If the budget is not fully financed by revenues in accordance with paragraph 4
above, and subject to reimbursement in accordance with paragraph 1(b) above, the
budget shall, to the extent of any shortfall and subject to paragraph 6 below,
be financed by contributions from the members of the Commission. To this end,
the Commission shall adopt as soon as possible a method of equitable sharing of
contributions to the budget. The budget shall, in the meantime, to the extent
of any shortfall, be financed by equal contributions from each member of the
Commission.

6 In adopting the method of contributions referred to in paragraph 5 above the
Commission shall consider the extent to which members of and observers at
institutions of this Convention may be called upon to contribute to the costs of
those institutions.

7 The Commission, in determining the disposition of revenues accruing to it,
which are surplus to the requirements for financing the budget pursuant to this
Article, shall:

(a) promote scientific research in Antarctica, particularly that related to the
Antarctic environment and Antarctic resources, and a wide spread of
participation in such research by all Parties, in particular developing country
Parties;

(b) ensure that the interests of the members of Regulatory Committees having the
most direct interest in the matter in relation to the areas in question are
respected in any disposition of that surplus.

8 The finances of the Commission, Regulatory Committees, the Advisory Committee,
the Special Meeting of Parties, any subsidiary bodies established and the
Secretariat shall accord with the financial regulations adopted by the
Commission and shall be subject to an annual audit by external auditors selected
by the Commission.

9 Each member of the Commission, Regulatory Committees, the Advisory Committee,
the Special Meeting of Parties and any subsidiary bodies established, as well as
any observer at a meeting of any of the institutions of this Convention, shall
meet its own expenses arising from attendance at meetings.

10 A member of the Commission that fails to pay its contribution for two
consecutive years shall not, during the period of its continuing subsequent
default, have the right to participate in the taking of decisions in any of the
institutions of this Convention. If it continues to be in default for a further
two consecutive years, the Commission shall decide what further action should be
taken, which may include loss by that member of the right to participate in
meetings of the institutions of this Convention. Such member shall resume the
full enjoyment of its rights upon payment of the outstanding contributions.

11 Nothing in this Article shall be construed as prejudicing the position of any
member of a Regulatory Committee on the outcome of consideration by the
Regulatory Committee of terms and conditions in a Management Scheme pursuant to
Article 47(k)(ii).

Article 36

Official and Working Languages

The official and working languages of the Commission, Regulatory Committees, the
Advisory Committee, the Special Meeting of Parties and any meeting convened
under Article 64 shall be English, French, Russian and Spanish.

 

 

Author: international

Mentioned in these Entries

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