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1340-(182)

II SÉRIE-A — NUMERO 69

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 hi, 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;

f) 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 «), 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 tt) Financial arrangements in accordance with annex in, article 13 and article 17, paragraph l,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 contrat 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; 0) 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 reelection 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 adopte.

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.

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 substancial 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;