United Nations Convention on the Law of the Sea

Article 162
Powers and functions

1. The Council is the executive organ of the Authority. The Council shall
have the power to establish, in conformity with this Convention and the
general policies established by the Assembly, the specific policies to be
pursued by the Authority on any question or matter within the competence of
the Authority.

2. In addition, the Council shall:

(a) supervise and co-ordinate the implementation of the provisions of
this Part on all questions and matters within the competence of the
Authority and invite the attention of the Assembly to cases of
non-compliance;
(b) propose to the Assembly a list of candidates for the election of the
Secretary-General;
(c) recommend to the Assembly candidates for the election of the members
of the Governing Board of the Enterprise and the Director-General of
the Enterprise;
(d) establish, as appropriate, and with due regard to economy and
efficiency, such subsidiary organs as it finds necessary for the
exercise of its functions in accordance with this Part. In the
composition of subsidiary organs, emphasis shall be placed on the
need for members qualified and competent in relevant technical
matters dealt with by those organs provided that due account shall be
taken of the principle of equitable geographical distribution and of
special interests;
(e) adopt its rules of procedure including the method of selecting its
president;
(f) enter into agreements with the United Nations or other international
organizations on behalf of the Authority and within its competence,
subject to approval by the Assembly;
(g) consider the reports of the Enterprise and transmit them to the
Assembly with its recommendations;
(h) present to the Assembly annual reports and such special reports as
the Assembly may request;
(i) issue directives to the Enterprise in accordance with article 170;
(j) approve plans of work in accordance with Annex III, article 6. The
Council shall act upon each plan of work within 60 days of its
submission by the Legal and Technical Commission at a session of the
Council in accordance with the following procedures:
(i) if the Commission recommends the approval of a plan of work, it
shall be deemed to have been approved by the Council if no member of
the Council submits in writing to the President within 14 days a
specific objection alleging non-compliance with the requirements of
Annex III, article 6. If there is an objection, the conciliation
procedure set forth in article 161, paragraph 8(e), shall apply. If,
at the end of the conciliation procedure, the objection is still
maintained, the plan of work shall be deemed to have been approved by
the Council unless the Council disapproves it by consensus among its
members excluding any State or States making the application or
sponsoring the applicant;
(ii) if the Commission recommends the disapproval of a plan of work
or does not make a recommendation, the Council may approve the plan
of work by a three-fourths majority of the members present and
voting, provided that such majority includes a majority of the
members participating in the session;
(k) approve plans of work submitted by the Enterprise in accordance with
Annex IV, article 12, applying, mutatis mutandis, the procedures set
forth in subparagraph (j);
(l) exercise control over activities in the Area in accordance with
article 153, paragraph 4, and the rules, regulations and procedures
of the Authority;
(m) take, upon the recommendation of the Economic Planning Commission,
necessary and appropriate measures in accordance with article 150,
subparagraph (h), to provide protection from the adverse economic
effects specified therein;
(n) make recommendations to the Assembly, on the basis of advice from the
Economic Planning Commission, for a system of compensation or other
measures of economic adjustment assistance as provided in article
151, paragraph 10;
(o) (i) recommend to the Assembly rules, regulations and procedures on
the equitable sharing of financial and other economic benefits
derived from activities in the Area and the payments and
contributions made pursuant to article 82, taking into particular
consideration the interests and needs of the developing States and
peoples who have not attained full independence or other
self-governing status;
(ii) adopt and apply provisionally, pending approval by the Assembly,
the rules, regulations and procedures of the Authority, and any
amendments thereto, taking into account the recommendations of the
Legal and Technical Commission or other subordinate organ concerned.
These rules, regulations and procedures shall relate to prospecting,
exploration and exploitation in the Area and the financial management
and internal administration of the Authority. Priority shall be given
to the adoption of rules, regulations and procedures for the
exploration for and exploitation of polymetallic nodules. Rules,
regulations and procedures for the exploration for and exploitation
of any resource other than polymetallic nodules shall be adopted
within three years from the date of a request to the Authority by any
of its members to adopt such rules, regulations and procedures in
respect of such resource. All rules, regulations and procedures shall
remain in effect on a provisional basis until approved by the
Assembly or until amended by the Council in the light of any views
expressed by the Assembly;
(p) review the collection of all payments to be made by or to the
Authority in connection with operations pursuant to this Part;
(q) make the selection from among applicants for production
authorizations pursuant to Annex III, article 7, where such selection
is required by that provision;
(r) submit the proposed annual budget of the Authority to the Assembly
for its approval;
(s) make recommendations to the Assembly concerning policies on any
question or matter within the competence of the Authority;
(t) make recommendations to the Assembly concerning suspension of the
exercise of the rights and privileges of membership pursuant to
article 185;
(u) institute proceedings on behalf of the Authority before the Sea-Bed
Disputes Chamber in cases of non-compliance;
(v) notify the Assembly upon a decision by the Sea-Bed Disputes Chamber
in proceedings instituted under subparagraph (u), and make any
recommendations which it may find appropriate with respect to
measures to be taken;
(w) 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;
(x) disapprove areas for exploitation by contractors or the Enterprise in
cases where substantial evidence indicates the risk of serious harm
to the marine environment;
(y) establish a subsidiary organ for the elaboration of draft financial
rules, regulations and procedures relating to:
(i) financial management in accordance with articles 171 to 175; and
(ii) financial arrangements in accordance with Annex III, article 13
and article 17, paragraph 1 (c);
(z) establish appropriate mechanisms for directing and supervising a
staff of inspectors who shall inspect activities in the Area to
determine whether 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.

Article 163
Organs of the Council

1. There are hereby established the following organs of the Council:

(a) an Economic Planning Commission;
(b) a Legal and Technical Commission.

2. Each Commission shall be composed of 15 members, elected by the Council
from among the candidates nominated by the States Parties. However, if
necessary, the Council may decide to increase the size of either Commission
having due regard to economy and efficiency.

3. Members of a Commission shall have appropriate qualifications in the
area of competence of that Commission. States Parties shall nominate
candidates of the highest standards of competence and integrity with
qualifications in relevant fields so as to ensure the effective exercise of
the functions of the Commissions.

4. In the election of members of the Commissions, due account shall be
taken of the need for equitable geographical distribution and the
representation of special interests.

5. No State Party may nominate more than one candidate for the same
Commission. No person shall be elected to serve on more than one
Commission.

6. Members of the Commissions shall hold office for a term of five years.
They shall be eligible for re-election for a further term.

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 14, 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.

Author: international