SUBSECTION C. THE COUNCIL
Article 160 Composition, procedure and voting
1. The Council shall consist of 36 members of the Authority elected by the Assembly according to the principle of ensuring an equitable geographic distribution of seats.
2. In electing the members of the Council shall assure that:
(a) land-locked, geographically disadvantaged small island developing and least developed States are represented to a degree which is reasonably proportionate to their representation in the Assembly;
(b) each regional group (Africa, Asia, Eastern Europe, Latin America & Caribbean, Western Europe and Others) shall prepare a list containing twice the number of candidates to which each regional group is entitled. The Assembly as a whole shall elect 36 members from these lists.
3. Elections shall take place at regular sessions of the Assembly. Each member of the Council shall be elected for four years, on staggered terms.
4. Members of the Council shall be eligible for re-election, but due regard should be paid to the desirability for rotation of membership.
5. The Council shall function at the seat of the Authority, and shall meet as often as the business of the Authority may require, but not less than three times a year.
6. A majority of the members of the Council shall constitute a quorum.
7. Each member of the Council shall have one vote.
8.
(a) Decisions on questions of substance shall be taken by a majority of the members present and voting.
(b) Decisions on questions of substance shall be taken by a two-thirds majority of the members present and voting, provided that such majority includes a majority of the members of the Council.
(c) As a general rule, decisions shall be taken by consensus, and voting shall be resorted to only after all means to reach consensus have been exhausted.
(d) For the purpose of subparagraph (c), “consensus” means the absence of any formal objection. Within 14 days of the submission of a proposal to the Council, the President of the Council shall determine whether there would be a formal objection to the adoption of the proposal. If the President determines that there would be such an objection, the President shall establish and convene, within three days following such determination, a conciliation committee consisting of not more than nine members of the Council, with the president as chairman, for the purpose of reconciling the differences and producing a proposal which can be adopted by consensus. The committee shall work expeditiously and report to the Council within 14 days following its establishment. If the committee is unable to recommend a proposal which can be adopted by consensus, it shall set out in its report the grounds on which the proposal is being opposed.
9. The Council shall establish a procedure whereby a member of the Authority not represented on the Council may send a representative to attend a meeting of the Council when a request is made by such member, or a matter particularly affecting it is under consideration. Such a representative shall be entitled to participate in the deliberations but not to vote.
Article 161 Power 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 members of the Joint-Venture Boards of the Enterprise system;
(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;
(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 System 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 guidelines and directives to the Enterprise System in accordance with Article 169;
(j) approve plans of work. The Council shall act upon each plan of work within 60 days of its submission;
(k) make recommendations to the Assembly with regard to assistance to land-based producer developing States affected by a reduction of revenues of ocean related commodities;
(l)
(i) recommend to the Assembly rules, regulations and procedures on the equitable sharing of financial and other benefits derived from the utilisation of deep-sea resources as well as from the payments and contributions made to the Authority pursuant to Article 82 of the Convention;
(ii) propose to the Assembly rules, regulations and procedures for the exploration for and exploitation of any resource other than polymetallic nodules. Such rules, regulations and procedures 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) submit the proposed annual budget of the Authority to the Assembly for its approval;
(q) make recommendations to the Assembly concerning suspension of the exercise of the rights and privileges of membership pursuant to article 185;
(r) institute proceedings on behalf of the Authority before the Sea-Bed Disputes Chamber in cases of non-compliance;
(s) notify the Assembly upon a decision by the Sea-ed Disputes Chamber in proceedings instituted under subparagraph (r), and make any recommendations which it may find appropriate with respect to measures to be taken;
(t) issue emergency orders, which may include orders for the suspension or adjustment of operations, to prevent serious harm to the marine environment and its living resources arising out of activities in the Area;
(u) disapprove areas for exploitation in cases where substantial evidence indicates the risk of serious harm to the marine environment and its biodiversity;
(v) 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, as well as the reservation of the Area for exclusively peaceful purposes, are being complied with;
(w) make recommendations to the Assembly concerning policies on any question or matter within the competence of the Authority.
Article 162 Organs of the Council
1. There are hereby established the following organs of the Council:
(a) a Scientific and Technological Commission;
(b) a Legal and Economic Planning Commission;
(c) a Finance Commission.
2. Each Commission shall be composed of 15 members, elected by the Council from among the candidates nominated by the State Parties. However, if necessary, the Council may decide o increase the size of a Commission having due regard to economy and efficiency.
3. 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.
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 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.
8. Members of Commissions shall have no financial interest in any activity relating to exploration and exploitation in the deep sea-bed. 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 date which are transferred to the Authority, 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 of 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.
Article 163 The Scientific and Technological Commission
1. A Commission for the provision of scientific, technical and technological advice is hereby established to provide the Assembly and the Council and, as appropriate, other bodies with timely advice relating to the implementation of this Part. The Commission shall be multidisciplinary. It shall comprise government representatives competent in the relevant field of expertise. It shall report regularly to the Council and, through the Council, to the Assembly on all aspects of its work.
2. Under the authority of and in accordance with guidelines laid down by the Council, and upon its request, this body shall:
(a) provide scientific and technical assessments of the status of biological diversity as it maybe affected by activities in the Area;
(b) prepare scientific and technical assessments of the effects of types of measures taken in accordance with the provisions of this Convention;
(c) identify innovative, efficient and state-of-the-art technologies and know-how relating to the sustainable use of the resources of the Area and the conservation of biological diversity and advise on the ways and means of promoting development and/or transferring such technologies;
(d) provide advice on scientific programmes and international cooperation in research and development related to the sustainable use of the resources of the area and the conservation of biological diversity; and
(e) respond to scientific, technical, technological and methodological questions that the Council or the Assembly and its subsidiary bodies may put to it.
Article 164 The Legal and Economic Planning Commission
1. Members of the Legal and Economic Planning Commission shall be experts in economic and legal matters relating to ocean mining and related fields of expertise.
2, The Commission shall:
(a) draft rules, regulations and procedures for the consideration of the Council;
(b) propose, upon the request of the Council, measures to implement decisions relating to activities in the Area taken in accordance with this Convention;
(c) review the trends and the factors affecting supply, demand and prices of materials which may be derived from sea-bed mining, bearing in mind the interests of both importing and exporting countries, and in particular of the development States among them;
(d) review plans of work for activities in the Area and submit appropriate recommendations to the Council;
(e) supervise, upon the request of the Council, activities in the Area, where appropriate, in consultation and collaboration with any Enterprise carrying out such activities and report to the Council;
(f) recommend to the Council that proceedings be instituted on behalf of the Authority before the Sea-Bed Disputes Chamber, in accordance with this Part;
(g) make recommendations to the Council with respect to measures to be taken, upon a decision by the Sea-Bed Disputes Chamber in proceedings instituted in accordance with subparagraph (e);
(h) in consultation with the Scientific and Technological Commission, make recommendations to the Council to disapprove areas for exploitation in cases where substantial evidence indicates the risk of serious harm to the marine environment;
(i) make recommendations to the Council regarding the direction and supervision of a staff of inspectors who shall inspect activities in the Area to determine whether the provisions of this Part, the rules, regulations and procedures of the Authority, as well as the reservation of the Area for exclusively peaceful purposes, are being complied with;
3. The members of the Commission shall, upon request by any State Party or other party concerned, be accompanied by a representative of such State or other party concerned when carrying out their function of supervision and inspection.
Article 165 The Finance Commission
1. The members of the Finance Commission shall be elected with due consideration of the need for equitable geographical distribution. They shall include the 5 largest contributors to the budget of the Authority.
2. The Finance Commission shall make recommendations on the following matters:
(a) draft financial rules, regulations and procedures of the organs of the Authority and the financial management and internal financial administration of the Authority;
(b) assessment of contributions of members to the administrative budget of the Authority in accordance with Article 159,2 (e) of the Convention;
(c) all relevant financial matters, including the proposed annual budget prepared by the Secretary-General of the Authority in accordance with article 171 of the Convention and the financial aspects of the implementation of the programmes of work of the Secretariat;
(d) the administrative budget;
(e) financial obligations of States parties arising from the implementation of his Part as well as the administrative and budgetary implications of proposals and recommendations involving expenditure from the funds of the Authority;
(f) rules, regulations and procedures on the equitable sharing of financial benefits derived from activities in the Area and the decisions to be made thereon.
3. Decisions in the Finance Commission on questions of procedure shall be taken by a majority of members present and voting. Decisions on questions of substance shall be taken by consensus.
4. Decisions by the Assembly and the Council on the matters enumerated in paragraph 2 above shall take into account the recommendations of the Finance Commission.