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Art.8 |
Article 8 Functions of the Governing Council |
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Art.8.1x |
The Functions of the Governing Council shall be: |
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Art.8.1x.a |
(a) to determine the policy of INFOPÊCHE and approve its programme of work and its budget; |
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Art.8.1x.b |
(b) to determine the contributions of Member States as provided in Article 11; |
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Art.8.1x.c |
(c) to establish special funds for the development of new programmes and projects; |
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Art.8.1x.d |
(d) to lay down general standards and guidelines for the management of INFOPÊCHE including the fees to be charged for its services; |
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Art.8.1x.e |
(e) to review the work and activities of INFOPÊCHE and the audited accounts, and give guidance to the Director of INFOPÊCHE on the implementation of its decisions; |
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Art.8.1x.f |
(f) to adopt the Financial Regulations; |
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Art.8.1x.g |
(g) to elect its Chairman and other officers, appoint the Director of INFOPÊCHE and, if necessary, a Deputy Director and to terminate their appointment; |
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Art.8.1x.h |
(h) to adopt rules Governing the settlement of disputes, referred to in Article 17; |
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Art.8.1x.i |
(i) to approve formal arrangements with other organizations or institutions and with governments; |
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Art.8.1x.j |
(j) to adopt the Staff Regulations which fix the general conditions of service of the staff; |
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Art.8.1x.k |
(k) to establish if it deems appropriate, sub-regional offices; |
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Art.8.1x.l |
(l) to establish technical committees whenever necessary to advise it on specific issues; and |
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Art.8.1x.m |
(m) to perform all other functions that have been entrusted to it by this Agreement or that are ancillary to the accomplishment of the approved activities of INFOPÊCHE. |
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Art.10 |
Article 10 The Director and Staff |
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Art.10.1 |
1. INFOPÊCHE shall have a Director appointed by the Governing Council on such conditions as it may determine. The tenure of the Director is three years. His term may be renewed by decision of the Governing Council. |
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Art.10.2 |
2. The Director shall be the legal representative of INFOPÊCHE. He shall direct the work of INFOPÊCHE under the guidance of the Governing Council, in accordance with its policy and decisions. |
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Art.10.3 |
3. The Director shall submit to the Governing Council at each regular session: |
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Art.10.3.a |
(a) a report on the work of INFOPÊCHE, as well as the audited accounts; and |
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Art.10.3.b |
(b) a draft programme of work of INFOPÊCHE and a draft budget. |
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Art.10.4 |
4. The Director shall prepare and organize the sessions of the Governing Council and all other meetings of INFOPÊCHE. He shall provide the secretariat for such meetings and attend them. |
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Art.10.5 |
5. The Governing Council may decide to appoint a Deputy Director. The Deputy Director would have the powers and duties entrusted to the Director under this Agreement, if and for so long as the Director were unable to perform his duties. |
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Art.10.6 |
6. Should it deem it necessary, the Governing Council may accept that the Director and the Deputy Director of INFOPÊCHE be persons seconded by States or international organizations. |
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Art.10.7 |
7. Staff members shall be appointed by the Director in accordance with the policy, general standards and guidelines laid down by the Governing Council and in accordance with the Staff Regulations. |
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Art.12 |
Article 12 Legal Status, Privileges and Immunities |
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Art.12.1 |
1. INFOPÊCHE shall possess juridical personality and such legal capacity, as well as privileges and immunities, as may be necessary for the fulfilment of the Organization's objectives and for the exercise of its functions. |
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Art.12.2 |
2. The representatives of Member States and the Director and staff of INFOPÊCHE shall be accorded the privileges and immunities necessary for the independent exercise of their functions with INFOPÊCHE. |
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Art.12.3 |
3. Each Member State shall accord the status, privileges and immunities referred to above in the following manner: |
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Art.12.3.a |
(a) In the territory of each Member State which has acceded to the Convention on the Privileges and Immunities of the Specialized Agencies, those which are stipulated therein, mutatis mutandis; |
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Art.12.3.b |
(b) In the territory of each Member State which has not acceded to the above Convention but which has acceded to the Convention on the Privileges and Immunities of the United Nations, those which are stipulated therein, mutatis mutandis; and |
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Art.12.3.c |
(c) If a Member State has not acceded to either of the above Conventions it shall, within six months of the deposit of its instrument of ratification or accession, conclude an agreement with INFOPÊCHE granting a status and privileges and immunities comparable to those provided for in the said Conventions. |
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Art.12.4 |
4. Privileges and immunities are accorded to the representatives of Member States and the Director and staff of INFOPÊCHE not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the Organization. Consequently, a Member State or the Director, as the case may be, not only has the right but is under a duty to waive the immunity of its representatives or of a staff member in any case where, in the opinion of the Member State or of the Director, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded. If the Member State sending the representative or the Director, as the case may be, does not waive the immunity of the representative or the staff member, the Member State or the Director shall make the strongest efforts to achieve an equitable solution of the matter. |
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Art.12.5 |
5. INFOPÊCHE may conclude agreements with States in which offices of the Organization may be located, specifying the privileges and immunities and facilities to be enjoyed by the Organization to enable it to fulfil its objectives and to perform its functions. |
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Art.17 |
Article 17 Interpretation and Settlement of Disputes |
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Art.17.1 |
1. Any dispute concerning the interpretation or application of this Agreement which cannot be settled by negotiation, conciliation or similar means may be referred by any party to the dispute to the Governing Council for its recommendation. Failing settlement of the dispute, the matter shall be submitted to an arbitral tribunal consisting of three arbitrators. The parties to the dispute shall appoint one arbitrator each; the two arbitrators so appointed shall designate by mutual agreement the third arbitrator, who shall be the President of the tribunal. If one of the Parties does not appoint an arbitrator within two months of the appointment of the first arbitrator, or if the President of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the Chairman of the Governing Council shall designate him within a further two-month period. |
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Art.17.2 |
2. Any Member State that fails to abide by an arbitral award rendered in accordance with paragraph 1 of this Article may be suspended from the exercise of the rights and privileges of membership by a simple majority of the Governing Council. |
