23.
The Executive Council shall consist of 41 members. Each State Party
shall have the right, in accordance with the principle of rotation, to
serve on the Executive Council. The members of the Executive Council
shall be elected by the Conference for a term of two years. In order to
ensure the effective functioning of this Convention, due regard being
specially paid to equitable geographical distribution, to the importance
of chemical industry, as well as to political and security interests,
the Executive Council shall be composed as follows:
(a) Nine
States Parties from Africa to be designated by States Parties located in
this region. As a basis for this designation it is understood that, out
of these nine States Parties, three members shall, as a rule, be the
States Parties with the most significant national chemical industry in
the region as determined by internationally reported and published data;
in addition, the regional group shall agree also to take into account
other regional factors in designating these three members;
(b)
Nine States Parties from Asia to be designated by States Parties located
in this region. As a basis for this designation it is understood that,
out of these nine States Parties, four members shall, as a rule, be the
States Parties with the most significant national chemical industry in
the region as determined by internationally reported and published data;
in addition, the regional group shall agree also to take into account
other regional factors in designating these four members;
(c)
Five States Parties from Eastern Europe to be designated by States
Parties located in this region. As a basis for this designation it is
understood that, out of these five States Parties, one member shall, as a
rule, be the State Party with the most significant national chemical
industry in the region as determined by internationally reported and
published data; in addition, the regional group shall agree also to take
into account other regional factors in designating this one member;
(d)
Seven States Parties from Latin America and the Caribbean to be
designated by States Parties located in this region. As a basis for this
designation it is understood that, out of these seven States Parties,
three members shall, as a rule, be the States Parties with the most
significant national chemical industry in the region as determined by
internationally reported and published data; in addition, the regional
group shall agree also to take into account other regional factors in
designating these three members;
(e) Ten States Parties from
among Western European and other States to be designated by States
Parties located in this region. As a basis for this designation it is
understood that, out of these 10 States Parties, 5 members shall, as a
rule, be the States Parties with the most significant national chemical
industry in the region as determined by internationally reported and
published data; in addition, the regional group shall agree also to take
into account other regional factors in designating these five members;
(f)
One further State Party to be designated consecutively by States
Parties located in the regions of Asia and Latin America and the
Caribbean. As a basis for this designation it is understood that this
State Party shall be a rotating member from these regions.
24.
For the first election of the Executive Council 20 members shall be
elected for a term of one year, due regard being paid to the established
numerical proportions as described in paragraph 23.
25. After
the full implementation of Articles IV and V the Conference may, upon
the request of a majority of the members of the Executive Council,
review the composition of the Executive Council taking into account
developments related to the principles specified in paragraph 23 that
are governing its composition.
26. The Executive Council shall elaborate its rules of procedure and submit them to the Conference for approval.
27. The Executive Council shall elect its Chairman from among its members.
28.
The Executive Council shall meet for regular sessions. Between regular
sessions it shall meet as often as may be required for the fulfilment of
its powers and functions.
29. Each member of the Executive
Council shall have one vote. Unless otherwise specified in this
Convention, the Executive Council shall take decisions on matters of
substance by a two thirds majority of all its members. The Executive
Council shall take decisions on questions of procedure by a simple
majority of all its members. When the issue arises as to whether the
question is one of substance or not, that question shall be treated as a
matter of substance unless otherwise decided by the Executive Council
by the majority required for decisions on matters of substance.
30.
The Executive Council shall be the executive organ of the Organization.
It shall be responsible to the Conference. The Executive Council shall
carry out the powers and functions entrusted to it under this
Convention, as well as those functions delegated to it by the
Conference. In so doing, it shall act in conformity with the
recommendations, decisions and guidelines of the Conference and assure
their proper and continuous implementation.
31. The Executive
Council shall promote the effective implementation of, and compliance
with, this Convention. It shall supervise the activities of the
Technical Secretariat, cooperate with the National Authority of each
State Party and facilitate consultations and cooperation among States
Parties at their request.
32. The Executive Council shall:
(a) Consider and submit to the Conference the draft programme and budget of the Organization;
(b)
Consider and submit to the Conference the draft report of the
Organization on the implementation of this Convention, the report on the
performance of its own activities and such special reports as it deems
necessary or which the Conference may request;
(c) Make arrangements for the sessions of the Conference including the preparation of the draft agenda.
33. The Executive Council may request the convening of a special session of the Conference.
34. The Executive Council shall:
(a)
Conclude agreements or arrangements with States and international
organizations on behalf of the Organization, subject to prior approval
by the Conference;
(b) Conclude agreements with States Parties
on behalf of the Organization in connection with Article X and supervise
the voluntary fund referred to in Article X;
(c) Approve
agreements or arrangements relating to the implementation of
verification activities, negotiated by the Technical Secretariat with
States Parties.
35. The Executive Council shall consider any
issue or matter within its competence affecting this Convention and its
implementation, including concerns regarding compliance, and cases of
non compliance, and, as appropriate, inform States Parties and bring the
issue or matter to the attention of the Conference.
36. In its
consideration of doubts or concerns regarding compliance and cases of
non compliance, including, inter alia, abuse of the rights provided for
under this Convention, the Executive Council shall consult with the
States Parties involved and, as appropriate, request the State Party to
take measures to redress the situation within a specified time. To the
extent that the Executive Council considers further action to be
necessary, it shall take, inter alia, one or more of the following
measures:
(a) Inform all States Parties of the issue or matter;
(b) Bring the issue or matter to the attention of the Conference;
(c) Make recommendations to the Conference regarding measures to redress the situation and to ensure compliance.
The
Executive Council shall, in cases of particular gravity and urgency,
bring the issue or matter, including relevant information and
conclusions, directly to the attention of the United Nations General
Assembly and the United Nations Security Council. It shall at the same
time inform all States Parties of this step.