Caribbean Meteorological Organisation Act

Link to law: http://www.belizelaw.org/web/lawadmin/PDF%20files/cap021.pdf
Published: 2000

CAP. 21, CARIBBEAN METEOROLOGICAL ORGANISATION ACT BELIZE

CARIBBEAN METEOROLOGICAL ORGANIZATION ACT CHAPTER 21

REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

CARIBBEAN METEOROLOGICAL ORGANIZATION ACT 3 Amendments in force as at 31st December, 2000.

BELIZE

CARIBBEAN METEOROLOGICAL ORGANIZATION ACT CHAPTER 21

REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

CARIBBEAN METEOROLOGICAL ORGANIZATION ACT 3 Amendments in force as at 31st December, 2000.

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Caribbean Meteorological Organization

CHAPTER 21

CARIBBEAN METEOROLOGICAL ORGANIZATION

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

3. Acceptance of the agreement.

4. Financial provision for giving effect to the agreement.

5. Legal capacity.

6. Orders for carrying out the provision of the agreement.

SCHEDULE

CHAPTER 21

CARIBBEAN METEOROLOGICAL ORGANIZATION

[31st December, 1976]

1. This Act may be cited as the Caribbean Meteorological Organization Act.

2. In this Act, unless the context otherwise requires:-

“Agreement” means the agreement establishing the Caribbean Meteorological Organization, the text of which is set out in the Schedule hereto;

20 of 1976.

Short title.

Interpretation

CAP. 15, R. E. 1980-1990

Schedule.

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“Government” means the Government of Belize;

“Minister” means the Minister responsible for meteorology.

3. Acceptance by the Government of the agreement is hereby ratified and approved.

4. All sums required to be paid by the Government for the purpose of meeting its obligations under the agreement and for purposes incidental thereto are hereby charged on and shall be paid out of the Consolidated Revenue Fund.

5. The Caribbean Meteorological Organization shall possess full juridi- cal personality.

6.-(1) The Minister may, by Order published in the Gazette make such other provision as he may consider reasonably necessary for carrying into effect any of the provisions of the agreement.

(2) Any Order made pursuant to this section shall be laid before the National Assembly as soon as may be after the making thereof and if the Assembly by resolution request that such Order laid before it be rescinded such Order shall be rescinded by the Minister but without prejudice to the validity of anything done thereunder.

Acceptance of the agreement.

Financial provision for giving effect to the agreement.

Legal capacity.

Orders for carrying out the provisions of the agreement.

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SCHEDULE

[Section 2]

AN AGREEMENT FOR THE ESTABLISHMENT OF THE CARIB-

BEAN METEOROLOGICAL ORGANIZATION

THE GOVERNMENTS OF THE CONTRACTING STATES:

RECOGNIZING the need for the establishment of an efficient meteorological service in the Region;

CONSCIOUS of the fact that such a service can contribute to the economic development of the Region;

MINDFUL that the Common Services Conference convened in Trinidad and Tobago in July, 1962 decided that the proposed arrangement in respect of the future of meteorological services in the Region should be embodied in a formal agreement;

NOTING that in pursuance of the foregoing a formal agreement was entered into by the parties and is now in force;

DESIRING that regional co-operation in matters of meteorological and allied sciences should be continued and expanded.

HAVE AGREED AS FOLLOWS:

ARTICLE 1

Establishment of the Caribbean Meteorological Organization

The Caribbean Meteorological Organization (hereinafter referred to

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as “the Organization”) is hereby established, with the membership, powers and functions hereinafter stipulated.

ARTICLE 2

Membership

Membership of the Organization shall be open to-

(a) (i) Antigua (ii) Bahamas (iii) Barbados (iv) Belize (v) British Virgin Islands (vi) Cayman Islands (vii) Dominica (viii) Grenada (ix) Guyana (x) Jamaica (xi) Montserrat (xii) St. Kitts-Nevis-Anguilla (xiii) St. Lucia (xiv) St.Vincent (xv) Trinidad and Tobago (xvi) Turks and Caicos Islands;

(b) any other State of the Regionable and willing to exercise the rights and assume the obligations of membership and which is admitted as a member in accordance with Article 29.

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ARTICLE 3

Objectives

The Organization shall have as its objectives the promotion and co- ordination of regional activities in the fields of meteorology and allied sciences.

ARTICLE 4

Functions

For the purpose of attaining the objectives set out in Article 3 the functions of the Organization shall include-

(a) meteorological services to civil aviation;

(b) cooperation with other services to provide an efficient hurri- cane warning system;

(c) provision of meteorological information and advice to Mem-

ber States;

(d) collection and analysis of all relevant meteorological data avail- able and publication of results;

(e) cooperation with meteorological services;

(f) participation in the work of the appropriate international orga- nizations particularly the World Meteorological Organization and the International Civil Aviation Organization;

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(g) the execution of basic scientific observations in keeping with

its objectives;

(h) participation in work in applied meteorology, agricultural me- teorology, hydrology and associated research of direct inter- est to the Region;

(i) cooperation with all relevant scientific institutions.

ARTICLE 5

General Undertaking as to Implementation

Member States shall take all appropriate measures to ensure the carrying out of obligations arising under this Agreement.

ARTICLE 6

The Organs

The organs of the Organization shall include-

(a) the Caribbean Meteorological Council (hereinafter referred

to as “the Council”);

(b) the Caribbean Meteorological Institute (hereinafter referred

to as “the Institute”);

(c) the Caribbean Meteorological Foundation (hereinafter

referred to as “the Foundation”);

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(d) the Headquarters Unit.

ARTICLE 7

Establishment and Membership of the Council

(1) The Council is hereby established as the supreme organ of the Organization.

(2) Each Member State shall be entitled to be represented on the Council by one person designated by such State.

(3) Each Member State may, as appropriate, designate an alter- nate to represent the State at any meeting of the Council.

ARTICLE 8

Procedure

(1) The Council shall meet at least once in each calendar year and at such other times as it may consider necessary or on a request submit- ted to the Secretariat of the Organization by not less than one-third of the Member States.

(2) The Chairman of the Council shall be elected by the Council at the beginning of each meeting from among the Council members.

(3) Where the representative of a Member State is elected Chairman, that Member State shall be entitled to appoint another representa- tive in his place.

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(4) The Chairman shall not have a vote, but where no represen- tative has been appointed in accordance with paragraph (3) of this Article, the Chairman may in his capacity as a representative exercise his vote. If on any question to be decided by the Council the votes are equally divided, then the motion shall be considered to be lost.

(5) A quorum of the Council shall consist of not less than three- fifths of the members.

(6) Where at any meeting of the Council a difference of opinion exists on any matter arising for decision, the decision of the majority of the representatives present shall be the decision of the Council:

Provided that such a majority decision shall not commit any Mem- ber State to expenditure except with the agreement of such State:

Provided also that such a majority decision shall not preclude any number of Member States from agreeing to execute and thereupon execut- ing any projects in meteorology and allied sciences:

Provided also that such a majority decision shall not be put into effect without approval of a majority of the representatives of all Member States.

(7) Subject to the foregoing provisions of this Agreement, the Council shall regulate its own procedure.

ARTICLE 9

Functions and Powers

(1) The Council may issue directions of a general or special character as to the policy to be pursued by the Organization and any organs, institutions or bodies of the Organization, and effect shall be given to

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any such directions.

(2) The Council shall be the final authority for the conclusion of agreements on behalf of the Organization and for entering into relationships between the Organization and other Organizations and States. The Council may however delegate this authority in any particular case.

(3) Subject to the provisos to Article 8 (6) the Council shall take decisions for the purpose of maintaining the financial arrangements necessary for meeting the expenses of the Organization and shall be the final authority on questions arising in relation to the financial affairs of the Organization.

(4) The Council may determine the operation of regional programmes in meteorology and allied sciences to achieve the objectives of the Organization.

(5) The Council may at the request of any Member State make provision for the representation of that State by the Organization on any constituent body of the World Meteorological Organization.

(6) The Council may generally do all such acts and things as may be requisite in order to fulfil the objectives of the Organization, and may in particular-

(a) appoint officers and staff to the Organization upon such terms and conditions as the Council may decide;

(b) establish and designate such institutions, bodies and commit- tees as it sees fit for achieving the purposes of carrying out the objectives of the Organization.

(7) The Council may delegate to any of its representatives or to any organ of the Organization or to any officer or member of staff of the

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Organization, or to any other person or body, such of its powers and functions as it may decide from time to time, under the terms and within the limits laid down by the Council.

ARTICLE 10

The Headquarters Unit

(1) The Commonwealth Caribbean Regional Secretariat shall be recognised as the Secretariat of the Organization. The principal office of the Secretariat in relation to this Agreement shall be the Headquarters Unit which shall be situated in Trinidad and Tobago unless the Council otherwise determines.

(2) The Headquarters Unit shall enjoy functional autonomy and shall comprise a Co-ordinating Director and such other staff as may be determined by the Council.

(3) The Co-ordinating Director shall be the principal adminis- trative and technical officer of the Headquarters Unit.

ARTICLE 11

Functions

The functions of the Headquarters Unit shall include-

(a) undertaking and carrying out of the decisions of the Council;

(b) advising and assisting Member States, in particular, those States without national meteorological services;

(c) formulating and co-ordinating applications and requests for

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technical assistance from non-Member States and interna- tional agencies for regional projects;

(d) representing those Member States which so desire at ses- sions of the Congress of the World Meteorological Organi- zation as determined by Council;

(e) attending meetings if appropriate, of the International Civil Aviation Organization (ICAO), especially the Regional Air Navigation Meetings;

(f) collecting and disbursing funds for the operation of regional programmes in meteorology and allied sciences as deter- mined by the Council;

(g) initiating projects, studies and other programmes of a re- gional nature in the field of meteorology and allied sciences;

(h) attending to such other matters relating to the fields of meteorology and allied sciences as may be referred to it by the Council.

ARTICLE 12

The Institute

The Institute established in Barbados as part of a project in co- operation with the United Nations Development Programme in the Plan of Operation entitled Improvement of the Caribbean Meteorological Services is hereby continued as if established under this Agreement and shall be main- tained and controlled by the Organization and shall be subject to any policy directions of a general or special character which may be issued by the Council.

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ARTICLE 13

Functions

(1) The Institute shall provide training and conduct research in meteorology and allied sciences.

(2) The Institute shall provide facilities to Member States for the repair and maintenance of meteorological equipment. It shall undertake the processing and dissemination of climatological data and shall provide advice to Member States on request.

(3) The Institute shall, when appropriate, co-operate with national, regional or international organizations or other bodies concerned with the development of meteorology and allied sciences.

(4) The Institute shall also deal with such other matters relating to meteorology and allied sciences as may be referred to it by the Council.

ARTICLE 14

Board of Governors

(1) There shall be in relation to the Institute a Board of Gover- nors (hereinafter referred to as “the Board”) which, subject to the provisions of this Agreement, shall be responsible for the general policy and conduct of the affairs of the Institute.

(2) The Board shall comprise-

(a) not less than seven members who shall be appointed by the Council;

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(b) the Co-ordinating Director and the Principal of the Institute as ex officio members.

(3) In appointing members of the Board the Council shall have due regard to the principle of equitable geographical distribution and the necessity of having a quorum of members available at short notice.

(4) The Council shall appoint an alternate with full power to act for a member when he is not present. Such alternate shall, where appropri- ate, be appointed from the same State or group of States as that of which the member is a representative.

(5) Members shall be appointed for a term of three years unless sooner removed from office by the Council and shall be eligible for re- appointment.

(6) No personal liability shall attach to any member of the Board in respect of anything done or suffered in good faith in the course of his duties and any sums of money, damage or costs which may be recovered against or be payable by such member in respect of any act or thing done in good faith for the purpose of performing his functions under this Agreement shall be paid out of the funds of the Organization.

(7) The Council shall pay to each member of the Board such remuneration, if any, as may be determined by the Council.

(8) A member of the Board who is in any way, whether directly or indirectly, interested in a contract made or proposed to be made by the Institute shall immediately disclose his interest to the Board and shall not take part in any deliberations or decision of the Board with respect to that con- tract.

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ARTICLE 15

Procedure

(1) Four Members (not including ex officio members) shall constitute a quorum for any meeting of the Board.

(2) The ex officio members of the Board shall have no right to vote.

(3) Subject to the foregoing provisions the Board shall regulate its own procedure.

ARTICLE 16

Powers

The powers of the Board shall include-

(a) appointing such staff (other than the Principal of the Insti- tute) and other persons as may be necessary for the ad- equate performance of the functions of the Institute;

(b) delegating to the Principal of the Institute any of their powers specified in this Article in relation to the Institute;

(c) co-opting any person to assist in the work of the Board so, however, that no such person shall be, or be deemed to be, a member of the Board;

(d) operating bank accounts.

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ARTICLE 17

The Principal

(1) The Principal of the Institute (hereinafter referred to as “the Principal”) shall be appointed by the Council upon such terms and conditions as the Council sees fit.

(2) The Principal shall be responsible for carrying out the func- tions of the Institute and shall do so in accordance with directions of the Board.

ARTICLE 18

Advisers

(1) The Board may invite such persons as it considers fit to constitute a panel of advisers to the Institute.

(2) The composition of the panel may be varied by the Board from time to time.

ARTICLE 19

The Foundation

The Foundation shall be established with the membership powers and functions hereinafter set out.

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ARTICLE 20

Membership and Management

(1) Membership of the Foundation shall be limited to persons nominated by the Council.

(2) The Management of the Foundation shall be vested in a Board of Management which shall consist of persons appointed by the Council due regard being had to the principle of equitable geographical distribution.

ARTICLE 21

Purpose and Functions

(1) The purpose of the Foundation is to raise funds for the promotion through the Institute of the study and research of meteorology and allied sciences.

(2) The Foundation shall perform such other functions and have such powers as the Council may entrust to it.

ARTICLE 22

The Financial Arrangements of the Organization

(1) The Council shall consider and approve budgets of the Organization (including budgets for the Institute, the Foundation and the Headquarters Unit) and shall determine the procedure for establishing annual budgets.

(2) The expenses of the Organization shall be borne by Mem- ber States as apportioned by the Council.

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ARTICLE 23

Settlement of Disputes

(1) If any dispute shall arise between the Organization and any Member State or between one such Member State and another touching or concerning any Article, matter or thing whatsoever herein contained, or the operation or construction thereof, or any matter or thing in any way con- nected with this Agreement or the rights, duties, obligations or liabilities of either party under or in connection with this Agreement, the same may be reported to the Secretary-General by any of the parties thereto and the Secretary-General shall promptly notify the other party of the receipt of the report and shall copy such notification to the party making the report.

(2) The parties may refer the dispute within forty-five days from the date of such notification to an Arbitrator appointed by them from the list of Arbitrators drawn up and maintained by the Secretary-General. Where the parties to the dispute fail to appoint such an Arbitrator within the prescribed period the Secretary-General shall notify the parties of the expiration of the prescribed period and within thirty days following the expiration of that period appoint an Arbitrator from the same list.

(3) The Secretary-General shall provide the Arbitrator with such assistance and facilities as he may require.

ARTICLE 24

Legal Capacity

(1) The Organization shall possess full juridical personality.

(2) The Organization shall enjoy in each Member State such legal status and legal capacity as may be necessary for the fulfillment of the objectives and the exercise of the functions of the Organization.

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(3) The Organization shall enjoy in each Member State, such privileges and immunities as may be necessary for the fulfillment of the objectives and the exercise of the functions of the Organization.

ARTICLE 25

Signature

This Agreement shall be open for signature by any of the States listed in Article 2 (a) of this Agreement.

ARTICLE 26

Ratification

This Agreement and any amendment thereto shall be subject to ratification by the signatory States in accordance with their respective constitutional procedures. Instruments of ratification shall be deposited with the Secretariat which shall transmit certified copies to each Member State.

ARTICLE 27

Entry Into Force

This Agreement shall enter into force on the 31st day of December, 1973 if instruments of ratification of eight States including Barbados, Guyana, Jamaica and Trinidad and Tobago have been deposited in accor- dance with Article 26 and if not, on such later date as the eight instrument of ratification including those of Barbados, Guyana, Jamaica and Trinidad and Tobago, has been deposited. The Secretary-General shall notify Member

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States of the entry into force of this Agreement.

ARTICLE 28

Registration

This Agreement and any amendment thereto shall be registered with the Secretariat of the United Nations.

ARTICLE 29

Accession

(1) Any State of the Region may apply to the Council to become a member of the Organization and may if the Council so decides be admitted to membership in accordance with Article 2 (b).

(2) Admission to membership shall be upon such terms and conditions as the Council may decide and shall take effect from the date on which an appropriate Instrument of Accession is deposited with the Secre- tariat.

ARTICLE 30

Amendment

An amendment to the provisions of this Agreement shall be submitted to Member States for ratification if it is approved by a decision of the Coun- cil and it shall have effect provided it is ratified by all Member States. Instru- ments of ratification shall be deposited with the Secretariat which shall notify all Member States.

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ARTICLE 31

Withdrawal

(1) Any Member State may withdraw from this Agreement by giving twelve months notice in writing to the Secretariat which shall forthwith notify other Member States.

(2) A Member State so withdrawing undertakes to honour any financial obligations duly assumed during its membership of the Organiza- tion.

ARTICLE 32

Saving

Nothing contained in this Agreement shall preclude any Member State from deciding on the facilities in meteorology and allied sciences which it requires from time to time in its territory but any such State shall meet or make its own provisions for meeting all costs and expenses whatsoever incurred thereby.

ARTICLE 33

Transitional Provisions

(1) This Agreement shall take the place of the formal Agree- ment now in force and referred to in the Preamble to this Agreement.

(2) Upon the coming into force of this Agreement, the Organi- zation shall assume the obligations of, and accept all the assets vested in the Caribbean Meteorological Council established under the formal Agreement.

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