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FRONT MATTER.PMD - International Seabed Authority

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Convention: art. 162<br />

71<br />

AGREEMENT, ANNEX, SECTION 3,<br />

PARAGRAPHS 2, 5 TO 7<br />

2. As a general rule, decision-making in the organs of the <strong>Authority</strong> should<br />

be by consensus.<br />

…<br />

5. If all efforts to reach a decision by consensus have been exhausted, decisions<br />

by voting in the Council on questions of procedure shall be taken by a majority<br />

of members present and voting, and decisions on questions of substance, except<br />

where the Convention provides for decisions by consensus in the Council, shall<br />

be taken by a two-thirds majority of members present and voting, provided that<br />

such decisions are not opposed by a majority in any one of the chambers referred<br />

to in paragraph 9. In taking decisions the Council shall seek to promote the interests<br />

of all the members of the <strong>Authority</strong>.<br />

6. The Council may defer the taking of a decision in order to facilitate<br />

further negotiation whenever it appears that all efforts at achieving consensus on<br />

a question have not been exhausted.<br />

7. Decisions by the Assembly or the Council having financial or budgetary<br />

implications shall be based on the recommendations of the Finance<br />

Committee.<br />

9. The Council shall establish a procedure whereby a member of the <strong>Authority</strong><br />

not represented on the Council may send a representative to attend a meeting<br />

of the Council when a request is made by such member, or a matter particularly<br />

affecting it is under consideration. Such a representative shall be entitled to participate<br />

in the deliberations but not to vote.<br />

Article 162<br />

Powers and functions<br />

1. The Council is the executive organ of the <strong>Authority</strong>. The Council shall<br />

have the power to establish, in conformity with this Convention and the general<br />

policies established by the Assembly, the specific policies to be pursued by the<br />

<strong>Authority</strong> on any question or matter within the competence of the <strong>Authority</strong>.<br />

2. In addition, the Council shall:<br />

(a) supervise and co-ordinate the implementation of the provisions of this<br />

Part on all questions and matters within the competence of the <strong>Authority</strong><br />

and invite the attention of the Assembly to cases of non-compliance;<br />

(b) propose to the Assembly a list of candidates for the election of the Secretary-General;<br />

(c) recommend to the Assembly candidates for the election of the members<br />

of the Governing Board of the Enterprise and the Director-General of<br />

the Enterprise;

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