Convention on the Regulation of Antarctic Mineral Resource Activities 4

Convention on the Regulation of Antarctic Mineral Resource Activities

 

Chapter II: Institutions

Article 18

Commission

1 There is hereby established the Antarctic Mineral Resources Commission.

2 Membership of the Commission shall be as follows:

(a) each Party which was an Antarctic Treaty Consultative Party on the date when
this Convention was opened for signature; and
(b) each other Party during such time as it is actively engaged in substantial
scientific, technical or environmental research in the area to which this
Convention applies directly relevant to decisions about Antarctic mineral
resource activities, particularly the assessments and judgments
called for in Article 4; and

(c) each other Party sponsoring Antarctic mineral resource exploration or
development during such time as the relevant Management Scheme is in force.

3 A Party seeking to participate in the work of the Commission pursuant to
subparagraph (b) or (c) above shall notify the Depositary of the basis upon
which it seeks to become a member of the Commission. In the case of a Party
which is not an Antarctic Treaty Consultative Party, such notification shall
include a declaration of intent to abide by recommendations pursuant to Article
IX(1) of The Antarctic Treaty . The Depositary shall communicate to each member
of the Commission such notification and accompanying information.

4 The Commission shall consider the notification at its next meeting. In the
event that a Party referred to in paragraph 2(b) above submitting a notification
pursuant to paragraph 3 above is an Antarctic Treaty Consultative Party, it
shall be deemed to have satisfied the requirements for Commission membership
unless more than one-third of the members of the Commission object at the
meeting at which such notification is considered. Any other Party submitting a
notification shall be deemed to have satisfied the requirements for Commission
membership if no member of the Commission objects at the meeting at which such
notification is considered.

5 Each member of the Commission shall be represented by one representative who
may be accompanied by alternate representatives and advisers.

6 Observer status in the Commission shall be open to any Party and to any
Contracting Party to The Antarctic Treaty which is not a Party to this
Convention.

Article 19

Commission Meetings

1 (a) The first meeting of the Commission, held for the purpose of taking
organisational, financial and other decisions necessary for the effective
functioning of this Convention and its institutions, shall be convened within
six months of the entry into force of this Convention.

(b) After the Commission has held the meeting or meetings necessary to take the
decisions referred to in subparagraph (a) above, the Commission shall not hold
further meetings except in accordance with paragraph 2 or 3 below.

2 Meetings of the Commission shall be held within two months of:

(a) receipt of a notification pursuant to Article 39;

(b) a request by at least six members of the Commission; or

(c) a request by a member of a Regulatory Committee in accordance with Article 49(1).

3 The Commission may establish a regular schedule of meetings if it determines
that it is necessary for the effective functioning of this Convention.

4 Unless the Commission decides otherwise, its meetings shall be convened by the
Executive Secretary.

Article 20

Commission Procedure

1 The Commission 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 regular schedule of
meetings in accordance with Article 19(3), the Chairman and Vice-Chairmen shall
be elected to serve for a period of two years, provided that if no meeting is
held during that period they shall continue to serve until the conclusion of the
first meeting held thereafter.

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

3 The Commission shall 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.

4 The Commission may establish such subsidiary bodies as are necessary for the
performance of its functions.

5 The Commission may decide to establish a permanent headquarters which shall be
in New Zealand.

6 The Commission shall have legal personality and shall enjoy in the
territory of each Party such legal capacity as may be necessary to perform its
functions and achieve the objectives of this Convention.

7 The privileges and immunities to be enjoyed by the Commission, the Secretariat
and representatives attending meetings in the territory of a Party shall be
determined by agreement between the Commission and the Party concerned.

Article 21

Functions of the Commission

1 The functions of the Commission shall be:

(a) to facilitate and promote the collection and exchange of scientific,
technical and other information and research projects necessary to predict,
detect and assess the possible environmental impact of Antarctic mineral
resource activities, including the monitoring of key environmental parameters
and ecosystem components;

(b) to designate areas in which Antarctic mineral resource activities shall be
prohibited or restricted in accordance with Article 13, and to perform the
related functions assigned to it in that Article;

(c) to adopt measures for the protection of the Antarctic environment and
dependent and associated ecosystems and for the promotion of safe and effective
exploration and development techniques and, as it may deem appropriate, to make
available a handbook of such measures;

(d) to determine, in accordance with Article 41, whether or not to identify an
area for possible exploration and development, and to perform the related
functions assigned to it in Article 42;

(e) to adopt measures relating to prospecting applicable to all relevant
Operators:

(i) to determine for particular circumstances maximum drilling depths in
accordance with Article 1(8);

(ii) to restrict or prohibit prospecting consistently with Articles 13, 37 and
38;

(f) to ensure the effective application of Articles 12(4), 37(7) and (8), 38(2)
and 39(2), which require the submission to the Commission of information,
notifications and reports;

(g) to give advance public notice of matters upon which it is requesting the
advice of the Advisory Committee;

(h) to adopt measures relating to the availability and confidentiality of data
and information, including measures pursuant to Article 16;

(i) to elaborate the principle of non-discrimination set forth in Article 14;

(j) to adopt measures with respect to maximum block sizes;

(k) to perform the functions assigned to it in Article 29;

(l) to review action by Regulatory Committees in accordance with Article 49;

(m) to adopt measures in accordance with Articles 6 and 41(1)(d) related to the
promotion of cooperation and to participation in Antarctic mineral resource
activities;

(n) to adopt general measures pursuant to Article 51(6);

(o) to take decisions on budgetary matters and adopt financial regulations in
accordance with Article 35;

(p) to adopt measures regarding fees payable in connection with notification
submitted pursuant to Articles 37 and 39 and applications lodged pursuant to
Articles 44 and 53, the purpose of which fees shall be to cover the
administrative costs of handling such notifications and applications;

(q) to adopt measures regarding levies payable by Operators engaged in
exploration and development, the principal purpose of which levies shall be to
cover the costs of the institutions of this Convention;

(r) to determine in accordance with Article 35(7) the disposition of revenues,
if any, accruing to the Commission which are surplus to the requirements for
financing the budget pursuant to Article 35;

(s) to perform the functions assigned to it in Article 7(7) and (8);

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

(u) to consider monitoring reports received pursuant to Article 52;

(v) to perform the functions relating to dispute settlement assigned to it in
Article 59;

(w) to perform the functions relating to consultation and cooperation assigned
to it in Articles 10(2) and 34;

(x) to keep under review the conduct of Antarctic mineral resource activities
with a view to safeguarding the protection of the Antarctic environment in the
interest of all mankind; and

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

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

3 Each measure adopted by the Commission shall specify the date on which it
comes into effect.

4 The Commission shall, subject to Article 16 and measures in effect pursuant to
it and paragraph 1(h) above, ensure that a publicly available record of its
meetings and decisions and of information, notifications and reports submitted
to it is maintained.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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