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Functions of the board
- Without prejudice to the functions of the Commission under article
21, and without prejudice to the functions of the Board and the Commission
under the 1961 Convention, the 1961 Convention as amended and the
1971 Convention:
(a) If, on the basis of its examination of information available to
it, to the Secretary-General or to the Commission, or of information
communicated by United Nations organs, the Board has reason to believe
that the aims of this Convention in matters related to its competence
are not being met, the Board may invite a Party or Parties to furnish
any relevant information;
(b) With respect to articles 12, 13 and 16:
(i)After taking action under subparagraph (a) of this article, the
Board, if satisfied that it is necessary to do so, may call upon the
Party concerned to adopt such remedial measures as shall seem under
the circumstances to be necessary for the execution of the provisions
of articles 12, 13 and 16;
(ii) Prior to taking action under (iii) below, the Board shall treat
as confidential its communications with the Party concerned under
the preceding subparagraphs;
(iii) If the Board finds that the Party concerned has not take remedial
measures which it has been called upon to take under this subparagraph,
it may call the attention of the Parties, the Council and the Commission
to the matter. Any report published by the Board under this subparagraph
shall also contain the views of the Party concerned if the latter
so requests.
- Any Party shall be invited to be represented at a meeting of the
Board at which a question of direct interest to it is to be considered
under this article.
- If in any case a decision of the Board which is adopted under this
article is not unanimous, the views of the minority shall be stated.
- Decisions of the Board under this article shall be taken by a two-thirds
majority of the whole number of the Board.
- In carrying out its functions pursuant to subparagraph 1(a) of
this article, the Board shall ensure the confidentiality of all information
which may come into its possession.
- The Board's responsibility under this article shall not apply to
the implementation of treaties or agreements entered into between
Parties in accordance with the provisions of this Convention.
- The provisions of this article shall not be applicable to disputes
between Parties falling under the provisions of article 32.
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