Amendatory Agreement in Relation to the Caribbean Environmental Health Institute
Source: http://www.caricom.org/jsp/secretariat/legal_instruments/agreement_cehi_..., downloaded 20100514
THE CONTRACTING PARTIES
NOTING that the Conference of Ministers responsible for Health at their Eleventh Meeting held in Trinidad and Tobago on 10 June 1988, after consideration of an evaluation report on the Caribbean Environmental Health Institute, approved the making of certain amendments to the Agreement establishing the Caribbean Environmental Health Institute (hereinafter referred to as "the Principal Agreement") for the purpose of improving the efficiency of the operation of the Laboratory;
DESIRING to amend the Principal Agreement to implement the decision of the Conference of Ministers responsible for Health;
HEREBY AGREE AS FOLLOWS -
ARTICLE 1 - Interpretation and Construction
The provisions of this Agreement shall be read and construed as one with the Principal Agreement.
ARTICLE 2 - Amendment of Article 4 of the Principal Agreement
Article 4 of the Principal Agreement shall be amended by the substitution of the following for (b) -
"(b) a Council;".
ARTICLE 3 - Amendment of Article 5 of the Principal Agreement
Article 5 of the Principal Agreement shall be amended by the substitution of the following paragraph for paragraph 2 -
"2. Without prejudice to the generality of paragraph 1 of this Article, the Conference shall have power to -
(a) give general or specific policy directions to the Council;
(b) authorise agreements to be entered into with other countries, international agencies and other entities;
(c) approve at each of its meetings:
(i) the budget of the Institute for the following three financial years; and
(ii) the work programme for the following three financial years" -
ARTICLE 4 - Substitution of a New Article for Article 6 of the Principal Agreement
The Principal Agreement shall be amended by the substitution of the following Article for Article 6 -
"ARTICLE 6
Membership of the Council
1. The Council shall consist of the following seven persons:
(a) one representative of Saint Lucia;
(b) two persons serving as members of the Council in rotation on the basis of the alphabetical order of the names of the following States, namely, The Bahamas, Barbados, Guyana, Jamaica and Trinidad and Tobago and appointed, respectively, by the States they are to represent for the time being;
(c) two persons serving as members of the Council in rotation on the basis of the alphabetical order of the names of the other Member States of the Caribbean Community and appointed, respectively, by the States they are to represent for the time being;
(d) the Secretary-General of the Caribbean Community (hereinafter referred to as "the Secretary-General"); and
(e) the Executive Director.
2. Alternate representatives on the Council shall be appointed by the respective Member States.
3. Members of the Council appointed pursuant to paragraphs 1(a), (b) and (c) of this Article and their alternates shall be persons of integrity and recognised competence preferably with wide professional experience in Environmental Health, Environmental Management or Community Health.
4. The term of office of members of the Council appointed pursuant to paragraphs 1(b) and (c) of this Article and their alternates shall be three years; in the event of a vacancy in the office of a member of the Council or an alternate, it shall be filled by another person who shall be appointed in the same manner as the former member or the alternate, but for the unexpired portion of the term of office of the former member or the alternate, as the case may be.
5. Any reference in this Article and in Articles 8 and 9 to the Secretary-General of the Caribbean Community shall include a reference to any official of the Caribbean Community designated by the Secretary-General to attend any meeting of the Council in the place of the Secretary-General".
ARTICLE 5 - Amendment of Article 7 of the Principal Agreement
Article 7 of the Principal Agreement shall be amended as follows -
(a) by the substitution of the word "Council" for the words "Board of Directors" in the heading of the Article;
(b) by the substitution of the word "Council" for the word "Board" in paragraph 1; and
(c) by the substitution of the following paragraph for paragraph 2:
"2. Without prejudice to the functions specified in paragraph 1 of this Article, the Council shall -
(a) receive and may approve the annual report of the Executive Director, which shall include the financial report;
(b) make recommendations for the approval by the Conference of the work programme for the next following three financial years;
(c) make recommendations for the approval by the Conference of Estimates of Expenditure and the audited accounts of the Institute;
(d) assist the Executive Director in seeking the support and the resources necessary for the fulfilment of the objectives of the Institute;
(e) cause to be kept appropriate books of accounts, which shall be audited at least once a year by an auditor who shall be a qualified and independent accountant appointed by the Council and also cause to be prepared annual audited statements showing in detail the income and expenditure of the Institute and the assets and liabilities as they stood at the end of the immediate preceding financial year;
(f) carry out such other functions as the Conference may delegate to it from time to time".
(d) by the substitution of the word "Council" for the word "Board" wherever it occurs in paragraphs 3 and 4.
ARTICLE 6 - Substitution of a New Article for Article 8 of the Principal Agreement
The Principal Agreement shall be amended by the substitution of the following Article for Article 8 -
"ARTICLE 8
Meetings of the Council
1. The Council shall meet at least once in every year or as often as the business of the Institute may require.
2. The quorum for any meeting of the Council shall be four members, including not less than two governmental representatives and the Secretary-General.
3. Each Member of the Council, other than the Executive Director, shall have one vote; in the event of an equality of votes in the voting on any matter at a meeting of the Council, the motion in relation to that matter shall be deemed to have been defeated.
4. Subject to this Agreement, the Council shall regulate its own procedure and may decide to admit as observers at its deliberations, representatives of other countries for the time being not represented on the Council or other entities or persons" -
ARTICLE 7 - Substitution of a New Article for Article 9 of the Principal Agreement
The Principal Agreement shall be amended by the substitution of the following Article for Article 9 -
"ARTICLE 9
Chairman of the Council
1. The Secretary-General shall be the Chairman of the Council.
2. In the event of the absence of the Chairman from any meeting of the Council, the members present shall elect one of their number to preside at the meeting".
ARTICLE 8 - Amendment of Article 10 of the Principal Agreement
Article 10 of the Principal Agreement shall be amended as follows -
(a) by the deletion of paragraph 1;
(b) by the re-numbering of paragraph 2 as Article 10;
(c) by the substitution of the word "Council" for the word "Board" in the re-numbered Article 10.
ARTICLE 9 - Substitution of a New Article for Article 11 of the Principal Agreement
The Principal Agreement shall be amended by the substitution of the following Article for Article 11 -
"ARTICLE 11
Staff of the Institute
1. Subject to any policy directions by the Conference, the Secretary-General shall appoint the Executive Director after consultation with the Council.
2. Members of the staff of the Institute, other than the Executive Director, shall be appointed by the Secretary-General on behalf of the Institute in accordance with the estimates approved by the Conference.
3. The appointment of members of the staff of the Institute, other than the Executive Director, shall be subject to the terms and conditions of service determined by the Council.
4. The Secretary-General may delegate to the Executive Director such of his powers under this Article as he may think fit on such terms and conditions as he may prescribe".
ARTICLE 10 - Amendment of Article 13 of the Principal Agreement
Article 13 of the Principal Agreement shall be amended by the substitution of the word "Council" for the word "Board" in paragraph 4 thereof.
ARTICLE 11 - Amendment of Article 17 of the Principal Agreement
Paragraph 1 of Article 17 of the Principal Agreement shall be amended as follows -
(a) by the substitution of the word "Council" for the word "Board";
(b) by the deletion of the words "Secretary-General of the Caribbean Community Secretariat" and the substitution therefor of the words "Vice-Chancellor of the University of the West Indies".
ARTICLE 12 - Amendment of Article 20 of the Principal Agreement
Article 20 of the Principal Agreement shall be amended by the deletion of the words "Amendments to the Agreement shall likewise be subject to ratification by all Member States".
ARTICLE 13 - Amendment
Substitution of a New Article for Article 23
The Principal Agreement shall be amended by the substitution of the following Article for Article 23 -
"ARTICLE 23
Amendment
"Any Member State may submit to the depositary proposals for the amendment of this Agreement for the consideration of the Conference and every such amendment shall take effect on receiving the unanimous approval of the Conference."
ARTICLE 14 - Entry into Force
This Agreement shall enter into force upon the deposit of Instruments of Ratification with the Caribbean Community Secretariat by all Members States in Accordance with Article 23 of the Principal Agreement.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Contracting Parties, have affixed their signatures to this Agreement
Done in a single copy which shall be deposited with the Secretary-General of the Caribbean Community Secretariat who shall transmit certified copies to all the Contracting Parties.
