United Nations Convention on the Law of the Sea

United Nations Convention on the Law of the Sea in the United States

Article 164
The Economic Planning Commission

1. Members of the Economic Planning Commission shall have appropriate
qualifications such as those relevant to mining, management of mineral
resource activities, international trade or international economics. The
Council shall endeavour to ensure that the membership of the Commission
reflects all appropriate qualifications. The Commission shall include at
least two members from developing States whose exports of the categories of
minerals to be derived from the Area have a substantial bearing upon their
economies.

2. The Commission shall:

(a) propose, upon the request of the Council, measures to implement
decisions relating to activities in the Area taken in accordance with
this Convention;
(b) review the trends of and the factors affecting supply, demand and
prices of materials which may be derived from the Area, bearing in
mind the interests of both importing and exporting countries, and in
particular of the developing States among them;
(c) examine any situation likely to lead to the adverse effects referred
to in article 150, subparagraph (h), brought to its attention by the
State Party or States Parties concerned, and make appropriate
recommendations to the Council;
(d) propose to the Council for submission to the Assembly, as provided in
article 151, paragraph 10, a system of compensation or other measures
of economic adjustment assistance for developing States which suffer
adverse effects caused by activities in the Area. The Commission
shall make the recommendations to the Council that are necessary for
the application of the system or other measures adopted by the
Assembly in specific cases.

Article 165
The Legal and Technical Commission

1. Members of the Legal and Technical Commission shall have appropriate
qualifications such as those relevant to exploration for and exploitation
and processing of mineral resources, oceanology, protection of the marine
environment, or economic or legal matters relating to ocean mining and
related fields of expertise. The Council shall endeavour to ensure that the
membership of the Commission reflects all appropriate qualifications.

2. The Commission shall:

(a) make recommendations with regard to the exercise of the Authority’s
functions upon the request of the Council
(b) review formal written plans of work for activities in the Area in
accordance with article 153, paragraph 3, and submit appropriate
recommendations to the Council. The Commission shall base its
recommendations solely on the grounds stated in Annex III and shall
report fully thereon to the Council;
(c) supervise, upon the request of the Council, activities in the Area,
where appropriate, in consultation and collaboration with any entity
carrying out such activities or State or States concerned and report
to the Council;
(d) prepare assessments of the environmental implications of activities
in the Area;
(e) make recommendations to the Council on the protection of the marine
environment, taking into account the views of recognized experts in
that field;
(f) formulate and submit to the Council the rules regulations and
procedures referred to in article 162, paragraph 2(o) taking into
account all relevant factors including assessments of the
environmental implications of activities in the Area;
(g) keep such rules, regulations and procedures under review and
recommend to the Council from time to time such amendments thereto as
it may deem necessary or desirable;
(h) make recommendations to the Council regarding the establishment of a
monitoring programme to observe, measure evaluate and analyse by
recognized scientific methods, on a regular basis, the risks or
effects of pollution of the marine environment resulting from
activities in the Area, ensure that existing regulations are adequate
and are complied with and co-ordinate the implementation of the
monitoring programme approved by the Council;
(i) recommend to the Council that proceedings be instituted on behalf of
the Authority before the Sea-Bed Disputes Chamber, in accordance with
this Part and the relevant Annexes taking into account particularly
article 187;
(j) 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 (i);
(k) make recommendations to the Council to 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. Such recommendations shall be taken up by the
Council on a priority basis;
(l) make recommendations to the Council to disapprove areas for
exploitation by contractors or the Enterprise in cases where
substantial evidence indicates the risk of serious harm to the marine
environment;
(m) 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 and the terms and
conditions of any contract with the Authority are being complied
with;
(n) calculate the production ceiling and issue production authorizations
on behalf of the Authority pursuant to article 151, paragraphs 2 to
7, following any necessary selection among applicants for production
authorizations by the Council in accordance with Annex III, article
7.

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.

SUBSECTION D. THE SECRETARIAT

Article 166
The Secretariat

1. The Secretariat of the Authority shall comprise a Secretary-General and
such staff as the Authority may require.

2. The Secretary-General shall be elected for four years by the Assembly
from among the candidates proposed by the Council and may be re-elected.

3. The Secretary-General shall be the chief administrative officer of the
Authority, and shall act in that capacity in all meetings of the Assembly,
of the Council and of any subsidiary organ, and shall perform such other
administrative functions as are entrusted to the Secretary-General by these
organs.

4. The Secretary-General shall make an annual report to the Assembly on the
work of the Authority.

Article 167
The staff of the Authority

1. The staff of the Authority shall consist of such qualified scientific
and technical and other personnel as may be required to fulfil the
administrative functions of the Authority.

2. The paramount consideration in the recruitment and employment of the
staff and in the determination of their conditions of service shall be the
necessity of securing the highest standards of efficiency, competence and
integrity. Subject to this consideration, due regard shall be paid to the
importance of recruiting the staff on as wide a geographical basis as
possible.

3. The staff shall be appointed by the Secretary-General. The terms and
conditions on which they shall be appointed, remunerated and dismissed
shall be in accordance with the rules, regulations and procedures of the
Authority.


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