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Rolling Text (9th Session) : Articles VIII - IX
Articles VIII - IX of the Rolling Text are provided below. This material is from the 9th Session of the Ad Hoc Group of States Parties to the Convention.
Please note: the page numbers given are those which appear in the original text, these appear at the top of the page. The detailed footnotes are provided at the end of the main text.
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BWC/AD HOC GROUP/39
Annex 1
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ARTICLE VIII
CONFIDENCE-BUILDING MEASURES
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Annex 1
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ARTICLE IX
[[THE ORGANIZATION] [AND IMPLEMENTATIONAL ARRANGEMENTS]
(A) GENERAL PROVISIONS
[1. The States Parties to this Protocol hereby establish the Organization for the Prohibition of Bacteriological (Biological) and Toxin Weapons (hereinafter referred to as "the Organization") to [strengthen] [promote] the [object and purpose] [the effectiveness and improve the implementation] of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction and [to [ensure] the implementation of the provisions of this Protocol] [[through the implementation of] this Protocol, to ensure the implementation of their provisions, [including those for international [verification of] compliance,] [as well as ensuring the promotion of technological cooperation for peaceful purposes] and to provide a forum for consultation and cooperation among States Parties].]
[1 bis The States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (hereinafter referred to as "the Convention"), in order to enhance the effectiveness and improve implementation of the Convention by means of this Protocol, hereby establish:
(1) The Conference of the States Parties;
[(2) [The Consultative Council];
(3) [The Technical Body].]]
[2. All States Parties shall be members of the Organization. A State Party shall not be deprived of its membership in the Organization.]
[3. The seat of the Organization shall be [...].]
[4. There are hereby established as organs of the Organization: the Conference of the States Parties, the [Executive Council] [Consultative Council] and the [Technical] Secretariat [Technical Body].]
5. Each State Party shall cooperate with [the Organization] [the Consultative Council and the Technical Body] in the exercise of [its] [their] functions [in accordance with] [under] this Protocol. States Parties [shall] [may] consult [directly among themselves] [each other directly] or through [the Organization] [the [Technical Body] or other appropriate international procedures, including procedures within and in accordance with the Charter of the United Nations,] on any matter which may be raised [relating to] [in connection with the goal and purpose of the Convention or] the implementation of this Protocol.
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[6. The United Nations Security Council shall, in considering complaints of suspected breaches of the Convention and conducting investigations, bear in mind the provisions of the Convention and the procedures laid down in this Protocol.]
[7. The Organization shall conclude an agreement(s) with the relevant specialized international organizations such as WHO which shall be entrusted with the verification responsibilities determined by this Protocol and with the rendering of conference, logistic and infrastructural support required by the Organization.]70
8. [The costs of the activities of the Organization] [The expenses of implementing this Protocol] shall be met annually by [States] [the States Parties] in accordance with the United Nations scale of assessments, adjusted to [allow for] [take into account] differences in membership between the United Nations and the [Organization] [body of States Parties to this Protocol].
9. [A member of the Organization] [Any State Party to this Protocol] which is in arrears [in the payment of] [with] its assessed contribution [to the Organization] shall have no vote in [the Organization] [the Conference or the Consultative Council] if [the amount of] its arrears equal[s] or exceed[s] [the amount of] the contribution[s] due from it for the preceding two full years. The Conference of [the] States Parties may, nevertheless, permit such a [member] [State Party] to vote if it is satisfied that the failure to pay [is due to [conditions beyond the control of the member] [the unavailability of financial resources]] [stems from a lack of financial resources].
(B) THE CONFERENCE OF THE STATES PARTIES
Composition, procedures and decision-making
10. The Conference of the States Parties (hereinafter referred to as "the Conference") shall be composed of all States Parties. Each State Party shall have one representative in the Conference, who may be accompanied by alternates and advisers.
11. The initial session of the Conference shall be convened by the Depositar[y][ies] no later than 30 days after the entry into force of this Protocol.
12. The Conference shall meet in regular sessions, which shall be held annually, unless it decides otherwise.
13. A special session of the Conference shall be convened:
(a) When decided by the Conference;
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(b) When requested by the [Executive Council] [Consultative Council]; or
(c) When requested by any State Party and supported by a majority of the States Parties.
The special session shall be convened no later than 30 days after the decision of the Conference, the request of the [Executive Council] [Consultative Council], or the attainment of the necessary support, unless specified otherwise in the decision or request.
14. The Conference may also be convened in the form of a Review Conference, in accordance with Article ... .
15. The Conference may also be convened in the form of an Amendment Conference, in accordance with Article ... .
16. Sessions shall take place at the seat of the Organization unless the Conference decides otherwise.
17. The Conference shall adopt its rules of procedure. At the beginning of each session, it shall elect its President and such other officers as may be required. They shall hold office until a new President and other officers are elected at the next session.
18. A majority of the States Parties shall constitute a quorum.
19. Each State Party shall have one vote.
20. The Conference shall take decisions on matters of procedure by a majority of members present and voting. Decisions on matters of substance shall be taken as far as possible by consensus. If consensus is not attainable when an issue comes up for decision, the President of the Conference shall defer any vote for 24 hours and during this period of deferment shall make every effort to facilitate achievement of consensus, and shall report to the Conference before the end of this period. If consensus is not possible at the end of 24 hours, the Conference shall take a decision by a twothirds majority of members present and voting unless specified otherwise in this Protocol. 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 majority required for decisions on matters of substance.
[21. When exercising its function under paragraph 24 (m) the Conference shall take a decision to add any State to the list of States contained in Annex ... to this Protocol in accordance with the procedure for decisions on matter of substance set out in paragraph 20. Notwithstanding paragraph 20, the Conference shall take decisions on any other change to Annex ... to this Protocol by consensus.]
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Powers and functions
22. The Conference shall be the principal organ of [the Organization]. It shall consider any questions, matters or issues relevant to the provisions of this Protocol, including those relating to the powers and functions of the [Executive Council] [Consultative Council] and the [Technical] Secretariat [Technical Body], in accordance with this Protocol. It may make recommendations and take decisions on any questions, matters or issues relevant to the provisions of this Protocol raised by a State Party or brought to its attention by the [Executive Council] [Consultative Council].
23. The Conference shall oversee the implementation of this Protocol, and review compliance with, [this Protocol] [the Convention] and act in order to promote its object and purpose. It shall also oversee the activities of the [Executive Council] [Consultative Council] and the [Technical] Secretariat [Technical Body] and may issue guidelines to either of them for the exercise of their functions.
24. The Conference shall:
[(a) Consider and adopt the report of the Organization on the implementation of this Protocol and the annual programme and budget of the Organization, submitted by the [Executive Council] [Consultative Council], as well as consider other reports;]
[(a) bis Consider the implementation of this Protocol, determine expenditure on action to comply with obligations thereunder, and consider reports submitted by [the Consultative Council] and the [Technical Body];]
(b) Decide on the scale of financial contributions to be paid by States Parties in accordance with paragraph 8;
(c) Elect the members of the [Executive Council] [Consultative Council];
(d) Appoint the DirectorGeneral of the [Technical] Secretariat [Technical Body] (hereinafter referred to as "the Director-General") upon the recommendation of the [Executive Council] [Consultative Council];
(e) Consider and approve the rules of procedure of the [Executive Council] [Consultative Council] submitted by the latter;
(f) Review scientific and technological developments that could affect the operation of this Protocol [and, where necessary, establish such subsidiary bodies, inter alia, to advise it on scientific and technological matters, as are considered necessary for implementation of this Protocol]. [In this context, the Conference [may] [shall] [direct the DirectorGeneral to establish a Scientific Advisory Board to enable him, in the performance of his functions, to render specialized advice in areas of science and technology relevant to this
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Protocol to the Conference, the [Executive Council] [Consultative Council] or to States Parties. In that case, the Scientific Advisory Board shall be composed of independent experts and appointed, in accordance with terms of reference adopted by the Conference, on the basis of their expertise and experience in the particular scientific fields relevant to the implementation of this Protocol [and on the basis of equitable geographic distribution]] [utilize the part time staff of the STS appointed according to provisions in Annex ...]];
(g) Take the necessary measures to ensure compliance with this Protocol and to redress and remedy any situation that contravenes the provisions of this Protocol, in accordance with Article ...;
(h) Consider and approve at its first session any draft agreements, provisions, procedures, operational manuals, guidelines and any other documents;
(i) Consider and approve agreements or arrangements negotiated by the [Technical] Secretariat [Technical Body] with States Parties, other States and international organizations to be concluded by the [Executive Council] [Consultative Council] [on behalf of the Organization in accordance with paragraph 37 (n)];
(j) Establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Protocol;
[(k) Establish at its first session the Voluntary Fund in accordance with Article ...;]
(l) Promote international cooperation and [exchange] with States Parties in the field of bacteriological (biological) activities;
[(m) Update Annex ... to this Protocol, as appropriate, in accordance with paragraph 21.]
[(C) THE [EXECUTIVE COUNCIL] [CONSULTATIVE COUNCIL]71
Composition, procedures and decision-making
[25. The [Executive Council] [Consultative Council] shall consist of [...] members [including the Depositary States of the Convention]. Each State Party shall have the right, in accordance with the provisions of this Article, to serve on the [Executive Council] [Consultative Council]. The members of the [Executive Council] [Consultative Council] shall be elected by the Conference.]
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[26. Taking into account the need for [equitable geographical distribution], the [Executive Council] [Consultative Council] shall comprise:72
[(a) ... States Parties from Africa;
(b) ... States Parties from Asia;
(c) ... States Parties from Eastern Europe;
(d) ... States Parties from Latin America and the Caribbean; and
(e) ... States Parties from among Western European and other States.]
[(a) ... States Parties from Africa;
(b) ... States Parties from Eastern Europe;
(c) ... States Parties from Latin America and the Caribbean;
(d) ... States Parties from the Middle East and South Asia;
(e) ... States Parties from North America and Western Europe; and
(f) ... States Parties from South-East Asia, the Pacific and the Far East.]]
[27. All States in each of the geographical regions are listed in Annex [...] to this Protocol. Annex [...] to this Protocol shall be updated, as appropriate, by the Conference in accordance with [...]. It shall not be subject to amendments or changes under the procedures contained in Article XIV.]
[28. As a basis for designation from ... it is understood that, out of these ... States Parties, ... members shall, as a rule, be the States Parties with the most significant national biotechnological 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 ... members.]
[28 bis [Each geographical region] shall designate States from that region for election as members of the [Executive Council] [Consultative Council] as follows:
[(a) At least [1/3] of the seats allocated to each geographical region shall be filled [, taking into account political and security interests,] by States Parties in that region designated on the basis of [the significance of their national biotechnological industry in the region as determined by international data as well as all or] any of the following indicative criteria in the order of priority determined by each region:
(i) The number of declared facilities;
[(ii) [Special] knowledge and experience in the field of [authorized] biological activities [directly relevant to] [not prohibited by] the Convention;]
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[(iii) Contribution to the annual budget of the Organization;]
[(b) One of the seats allocated to each geographical region shall be filled on the basis of rotation by the State Party which is first in English alphabetical order among the States Parties of that region which have not served on the [Executive Council] [Consultative Council] for the longest period of time since becoming States Parties or since last holding office, whichever is the shorter. The State Party so designated may decide not to take up its seat. In that event the seat shall be filled by the next State Party listed in accordance with this subparagraph;]
(c) The remaining seats allocated to each geographical region shall be filled by States Parties designated from among all the States Parties in that region by rotation or elections.]]
29. Each member of the [Executive Council] [Consultative Council] shall have one representative on the [Executive Council] [Consultative Council], who may be accompanied by alternates and advisers.
30. Each member of the [Executive Council] [Consultative Council] shall hold office from the end of the session of the Conference at which that member is elected until the end of the second regular annual session of the Conference thereafter, except that for the first election of the [Executive Council] [Consultative Council], [...] members shall be elected to hold office until the end of the [third] regular annual session of the Conference, due regard being paid to the established numerical proportions as described in paragraph 28.
31. The [Executive Council] [Consultative Council] shall elaborate its rules of procedure and submit them to the Conference for approval.
32. The [Executive Council] [Consultative Council] shall elect its Chairman from among its members.
[33. The [Executive Council] [Consultative Council] shall meet for regular sessions. Between regular sessions it shall meet as may be required for the fulfilment of its powers and functions.]
[33 bis The Consultative Council shall meet as often as may be required for the exercise of its powers and functions.]
34. Each member of the [Executive Council] [Consultative Council] shall have one vote.
35. The [Executive Council] [Consultative Council] shall take decisions on matters of procedure by a majority of all its members. The [Executive Council] [Consultative Council] shall take decisions on matters of substance by a twothirds majority of all its members unless specified otherwise in this Protocol. When the issue arises as to whether the question is one of
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substance or not, that question shall be treated as a matter of substance unless otherwise decided by the majority required for decisions on matters of substance.73
Powers and functions
36. The [Executive Council] [Consultative Council] shall [be the executive organ of the Organization. It shall carry out] [exercise] the powers and functions entrusted to it in accordance with this Protocol. It shall be responsible to the Conference. [In so doing,] it shall [thus] act in conformity with the recommendations, decisions and guidelines of the Conference and ensure their [continuous] [consistent] and proper implementation.
37. The [Executive Council] [Consultative Council] shall:
(a) Promote effective implementation of, and compliance with, this Protocol;
[(b) In considering a request for an investigation to address a non-compliance concern in accordance with Article III, part F, decide whether to conduct an on-site investigation;]
(c) Supervise the activities of the [Technical] Secretariat [Technical Body];
(d) Supervise the implementation of the scientific and technological exchange and technical cooperation activities and measures stipulated in Article ...;
(e) Facilitate cooperation among States Parties, and between States Parties and the [Technical] Secretariat [Technical Body], relating to the implementation of this Protocol through information exchanges;
(f) Facilitate consultation and clarification among States Parties in accordance with Article III, part E;
(g) Receive, consider and [take action] [decide] on requests for, and reports on, investigations to address a non-compliance concern in accordance with Article III, part F;
(h) Consider reports concerning on-site investigations;
(i) Make recommendations as necessary to the Conference for consideration of further proposals for promoting the object and purpose of this Protocol;
(j) Cooperate with the National Authority of each State Party;
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(k) Consider and submit to the Conference the draft programme and budget of the Organization, the draft report of the Organization on the implementation of this Protocol, the report on the performance of its own activities and such other reports as it deems necessary or that the Conference may request;
(l) Make arrangements for the sessions of the Conference, including the preparation of the draft agenda;
[(m) Receive, consider and [take action] [decide] on reports of non-challenge visits in accordance with Article III, part F;]
(n) Conclude, subject to prior approval of the Conference, agreements or arrangements with States Parties, other States and international organizations on behalf of the Organization and supervise their implementation; and
(o) Approve any new operational manuals and any changes to the existing operational manuals that may be proposed by the [Technical] Secretariat [Technical Body].
38. The [Executive Council] [Consultative Council] may request a special session of the Conference.
[39. The [Executive Council] [Consultative Council] shall consider concerns raised by a State Party regarding compliance and cases of noncompliance and abuse of the rights established by this Protocol. In doing so, the [Executive Council] [Consultative Council] shall consult with the States Parties involved and, as appropriate, request a State Party to take measures to redress the situation within a specified time. To the extent that the [Executive Council] [Consultative Council] considers further action to be necessary, it shall take, inter alia, one or more of the following measures:]
[39 bis In considering doubts or concerns about compliance or cases of non-compliance, including, inter alia, abuse of the rights provided for in this Protocol, the Consultative Council, if it deems it necessary, shall take, inter alia, one or more of the following measures:]
[(a) Bring relevant information on the matter or issue, including conclusions and recommendations concerning measures to redress the situation and ensure compliance, to the attention of the Security Council of the United Nations.]
(b) [Notify] [Inform] all States Parties of the issue or matter;
(c) Bring the issue or matter to the attention of the Conference;
[(d) Make recommendations to the Conference regarding measures to redress the situation and to ensure compliance in accordance with Article V.]]
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(D) THE [TECHNICAL] SECRETARIAT [TECHNICAL BODY] [(INCLUDING INTERNATIONAL EPIDEMIOLOGICAL NETWORK)]74
40.75 The [Technical] Secretariat [Technical Body] shall assist States Parties in the implementation of this Protocol. The [Technical] Secretariat [Technical Body] shall assist the Conference and the [Executive Council] [Consultative Council] in the performance of their functions. The [Technical] Secretariat [Technical Body] shall carry out the [verification] [investigation] measures and the scientific and technological exchange and technical cooperation activities and measures provided for in this section [Annex ...]. It shall carry out the other functions entrusted to it by this Protocol, as well as those functions delegated to it by the Conference or the [Executive Council] [Consultative Council] in accordance with this Protocol.
41.76 [The functions of the [Technical] Secretariat [Technical Body] with regard to] [Under Article III above] [verification of] compliance with [the Convention and] this Protocol shall [, in accordance with Article III and the Annexes,] include, inter alia:
(a) Receiving and processing of declarations submitted by the States Parties to the Organization in accordance with the provisions of Article III, part D;
[(b) Receiving, collecting, processing, analyzing and storing data and all relevant information relating to the appearance of unusual outbreaks of diseases or epidemics supplied by States Parties and existing international organizations;
(c) Establishing, on the basis of information supplied, epidemiological data bases for various geographical zones;
(d) Supplying, at the request of the Organization or any State Party, any relevant information drawn up on the basis of collected and processed data, inter alia, to help distinguish outbreaks of diseases and epidemics deemed to have a natural cause from outbreaks of diseases and epidemics which might be the result of a violation or attempted violation of the BTWC;]
(e) [Assisting the [Executive Council] [Consultative Council] in] facilitating consultation and clarification among States Parties;
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[(f) Conducting [[Non-Challenge] [Random] Visits] [and] [Clarification Visits] [Request Visits] [Confidence-Building Visits] [Voluntary Visits] in accordance with the provisions of Article III, part F and of Annex G;]
[(g) Receiving requests for [investigations to address a non-compliance concern] [field and facility investigations] [challenge inspections] and processing them, carrying out the preparations for, and providing technical support during, the conduct of [investigations to address a non-compliance concern] [field and facility investigations] [challenge inspections], and reporting to the [Executive Council] [Consultative Council];]
[(g) bis Receiving, through the United Nations Security Council, requests for investigations to address noncompliance concerns; making technical evaluations of those requests; submitting the requests to the Consultative Council for consideration and a decision whether to conduct an on-site inspection; undertaking the preparations for on-site inspections; providing technical assistance during them; and submitting reports to the Consultative Council;]
[(h) Maintaining and updating a list of qualified experts and notifying all States Parties of any additions to or alterations in the list;]
(i) Negotiating agreements or arrangements with States Parties, other States and international organizations and concluding, subject to prior approval by the [Executive Council] [Consultative Council], any such agreements or arrangements relating to [verification] activities with States Parties or other States;
(j) Assisting the States Parties [through their National Authorities] on other [issues of] [matters relating to] [verification under] [implementation of] this Protocol; and
[(k) Implementing training programmes in order to facilitate the Director-General's responsibilities with regard to paragraph 50.]
42.77 The functions of the [Technical] Secretariat [Technical Body] with respect to administrative matters shall include:
[(a) Preparing and submitting to the [Executive Council] [Consultative Council] the draft programme and budget of the Organization;]
[(a) bis Preparing and submitting to the Conference of States Parties proposals for expenditure on action to comply with obligations under this Protocol;]
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(b) Preparing and submitting to the [Executive Council] [Consultative Council] the draft report of the Organization on the implementation of this Protocol and such other reports as the Conference or the [Executive Council] [Consultative Council] may request;
(c) Providing administrative and technical support to the Conference, the [Executive Council] [Consultative Council] and other subsidiary organs;
(d) Addressing and receiving communications on behalf of the Organization relating to the implementation of this Protocol; and
(e) Carrying out the administrative responsibilities related to any agreements between the Organization and other international organizations.
43.78 The functions of the [Technical] Secretariat [Technical Body] with regard to scientific and technological exchange and technical cooperation for peaceful purposes shall, in accordance with Article ..., include, inter alia:
(a) Administer the Voluntary Fund referred to in ...;
[...].
[44. The functions described in paragraph 41 (b), (c) and (d) are discharged by the International Epidemiological Monitoring Network, an integral part of the [Technical] Secretariat [Technical Body].]
45.79 The [Technical] Secretariat [Technical Body] shall develop and maintain, subject to approval by the [Executive Council] [Consultative Council], operational manuals in accordance with Article III and the Annexes. These manuals shall not constitute integral parts of this Protocol or the Annexes and may be changed by the [Technical] Secretariat [Technical Body] subject to approval by the [Executive Council] [Consultative Council]. The [Technical] Secretariat [Technical Body] shall promptly inform the States Parties of any changes in the operational manuals.
46.80 All requests and notifications by States Parties to the Organization shall be transmitted through their National Authorities to the DirectorGeneral. Requests and notifications shall be
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in one of the official languages of this Protocol. In response the DirectorGeneral shall use the language of the transmitted request or notification.
47.81 With respect to the responsibilities of the [Technical] Secretariat [Technical Body] for preparing and submitting to the [Executive Council] [Consultative Council] the draft programme and budget of the Organization, the [Technical] Secretariat [Technical Body] shall determine and maintain a clear accounting of all costs for each of the activities of the Organization.
48.82 The [Technical] Secretariat [Technical Body] shall promptly inform the [Executive Council] [Consultative Council] of any problems that have arisen with regard to the discharge of its functions that have come to its notice in the performance of its activities and that it has been unable to resolve through consultations with the State Party concerned.
[49.83 The [Technical] Secretariat [Technical Body] shall comprise a DirectorGeneral, who shall be its head and chief administrative officer, [a Scientific and Technical Section (STS) and a Budget and Administration Section (BAS) consisting of] [and] such scientific, technical [, administrative] and other personnel as may be required. [The details with regard to the organization of the [Technical] Secretariat [Technical Body] are set out in Annex H.] [The DirectorGeneral shall be appointed by the Conference upon the recommendation of the [Executive Council] [Consultative Council] for a term of four years, renewable for only one further term.]]
[49 bis The Technical Body shall comprise a chief administrative officer and such scientific, technical and other personnel as may be required.]
50.84 The DirectorGeneral shall be responsible to the Conference and the [Executive Council] [Consultative Council] for the appointment of the staff and for the organization and functioning of the [Technical] Secretariat [Technical Body]. [The paramount consideration in the employment of the staff [in the [Technical] Secretariat [Technical Body]] and in the determination of the conditions of service shall be the necessity of securing the highest standards of professional expertise, experience, efficiency, competence and integrity] [, on equitable geographical distribution]. Only citizens of States Parties shall serve as the Director-General, [members of the STS or the clerical staff] as [inspectors] [investigators] or as
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members of the professional and clerical staff. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. Recruitment shall be guided by the principle that the staff shall be kept to the minimum necessary for the proper discharge of the responsibilities of the [Technical] Secretariat [Technical Body].
51.85 The Director-General shall be responsible for the organization and functioning of the Scientific Advisory Board referred to in paragraph ... . The Director-General shall, in consultation with States Parties, appoint members of the Scientific Advisory Board, who shall serve in their individual capacity. The members of the Board shall be appointed on the basis of the expertise in the particular scientific fields relevant to the implementation of this Convention [and equitable geographical distribution]. The Director-General may also, as appropriate, in consultation with members of the Board, establish temporary working groups of scientific experts to provide recommendations on specific issues. In regard to the above, States Parties may submit lists of experts to the Director-General.
52.86 In the performance of their duties, the DirectorGeneral, [[members of the Scientific and Technical Section (STS),] the [inspectors] [investigators], the [inspection] [investigation] assistants] [the investigation [/visit] personnel] and [other] [the] members of the staff shall not seek or receive instructions from any government or from any other source external to the Organization. They shall refrain from any action that might reflect adversely on their positions as international officers responsible only to the Organization. The Director-General shall assume responsibility for the activities of an investigation team.
53.87 Each State Party shall respect the exclusively international character of the responsibilities of the DirectorGeneral, [[the Scientific and Technical Section (STS),] the [inspectors] [investigators], the [inspection] [investigation] assistants] [the investigation [/visit] personnel] and the members of the staff and shall not seek to influence them in the discharge of their responsibilities.
(E) PRIVILEGES AND IMMUNITIES
54. The Organization shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and such privileges and immunities as are necessary for the exercise of its functions.
55. Delegates of States Parties, together with their alternates and advisers, representatives of members elected to the [Executive Council] [Consultative Council], together with their
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alternates and advisers, the DirectorGeneral and the staff of the Organization shall enjoy such privileges and immunities as are necessary in the independent exercise of their functions in connection with the Organization.
56. The legal capacity, privileges and immunities referred to in this Article shall be defined in agreements between the Organization and the States Parties as well as in an agreement between the Organization and the State in which the Organization is seated. Such agreements shall be considered and approved in accordance with paragraph 24 (h) and (i).
57. Notwithstanding paragraphs 54, 55 and 56, the privileges and immunities enjoyed by the DirectorGeneral, the [inspectors] [investigators] [and visitors], the [inspection] [investigation] [and visit] assistants [and the members of the staff of the [Technical] Secretariat [Technical Body]] during the conduct of investigation activities [and visits] [as well as the waiver procedures of immunities of the investigators [and visitors] and investigation [and visit] assistants, the other staff of the [Technical] Secretariat [Technical Body], the Director-General of the [Technical] Secretariat [Technical Body] and the Organization itself in relation to such activities] shall be those set forth in the Annexes.
[58. Provisions set forth in section D, part ... of the Annex shall apply, when applicable and mutatis mutandis, to the waiver of immunities of the Director-General and the staff of the [Technical] Secretariat [Technical Body] and the Organization itself in relation to activities of the Organization other than investigation activities [and visits].]]
Notes
70. The view was expressed that tasking other international institutions and organizations such as the WHO with central functions raises legal, organizational and political concerns to be investigated further.
71. The view was expressed that there is a strong doubt concerning the establishment of the [Executive Council] [Consultative Council] within the Organization and that there is a need for further consideration of this subject.
72. These alternatives are included without prejudice to other possible proposals on the issue of geographical distribution and need further consideration.
73. This provision is without prejudice to decision making procedures for initiation of investigations. This issue would require further consideration by the Ad Hoc Group.
74. The view was expressed that there is a need for adjustment in the whole section in case specialized international organizations such as WHO would be entrusted with the verification responsibilities.
75. It was proposed to move this paragraph to be the fourth paragraph of section D.
76. It was proposed to take this paragraph out of the main body and include it in a new Annex on the [Technical] Secretariat [Technical Body] (paragraphs 17 and 18).
77. It was proposed to take this paragraph out of the main body and include it in a new Annex on the [Technical] Secretariat [Technical Body] (paragraph 25).
78. It was proposed to take this paragraph out of the main body and include it in a new Annex on the [Technical] Secretariat [Technical Body] (paragraph 24).
79. It was proposed to take this paragraph out of the main body and include it in a new Annex on the [Technical] Secretariat [Technical Body] (paragraph 18 (k)).
80. It was proposed to move this paragraph to be the seventh paragraph of section D.
81. It was proposed to move this paragraph to be the eighth paragraph of section D.
82. It was proposed to move this paragraph to be the ninth paragraph of section D.
83. It was proposed to move the first sentence to be the first paragraph of section D, and the second sentence to be included in a new Annex on the [Technical] Secretariat [Technical Body] (paragraph 1).
84. It was proposed to take the first sentence out of the main body and include it in a new Annex on the [Technical] Secretariat [Technical Body] (paragraph 16), and to move the last four sentences to be the third paragraph of section D.
85. It was proposed to take this paragraph out of the main body and include it in square brackets in a new Annex on the [Technical] Secretariat [Technical Body] (between paragraphs 16 and 17).
86. It was proposed to move this paragraph to be the fifth paragraph of section D.
87. It was proposed to move this paragraph to be the sixth paragraph of section D.