Caribbean Meteorological Organisation

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Caribbean Meteorological Organisation
CARIBBEAN METEOROLOGICAL
ORGANISATION ACT

CHAPTER 55:01

LAWS OF TRINIDAD AND TOBAGO

Act
8 of 1979

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–17 ..

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Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

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CHAPTER 55:01

CARIBBEAN METEOROLOGICAL
ORGANISATION ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Financial provisions for giving effect to the Agreement.
4. Certain provisions of the Agreement to have the force of law.
5. Certificate of Minister conclusive as to contents.
6. Amendment of the Schedule.
7. Regulations.

SCHEDULE.

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CHAPTER 55:01

CARIBBEAN METEOROLOGICAL
ORGANISATION ACT

An Act to provide for the implementation by Trinidad and
Tobago of the Agreement establishing the Caribbean
Meteorological Organisation and for purposes
connected therewith.

[7TH MARCH 1979]

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

2. (1) In this Act—
“Agreement” means the Agreement for the establishment of the

Caribbean Meteorological Organisation set out in the Schedule;
“Organisation” means the Caribbean Meteorological Organisation

established by the Agreement;
“Minis ter” means the Minis ter responsible for

Meteorological services.
(2) The reference in Article 24 of the Agreement to the effect

that the Organisation shall possess full juridical personality shall be
construed as meaning that the Organisation is a body corporate.

3. All sums required to be paid by the Government for the
purpose of meeting the obligations of the Republic of Trinidad
and Tobago under the Agreement shall be paid out of the
Consolidated Fund on a warrant of the Minister.

4. Articles 24 and 33 of the Agreement shall have the force
of law in the Republic of Trinidad and Tobago.

5. Where in any proceedings a question arises as to the
entitlement of the Organisation or of any other person to any
immunities or privileges under the Agreement, a certificate issued
by or under the authority of the Minister for External Affairs to the
effect that the Organisation or other person is or is not entitled
shall be conclusive evidence of the fact.

8 of 1979.

Commencement.

Short title.

Interpretation.

Schedule.

Financial
provisions for
giving effect to
the Agreement.

Certain
provisions of the
Agreement to
have the force
of law.
Certificate of
Minister
conclusive as to
contents.

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6. (1) Where the Republic of Trinidad and Tobago becomes
a party to an agreement to amend the Agreement the Minister may
by Order amend the Schedule by including therein the amendment.

(2) An Order made under subsection (1) may contain such
consequential, supplemental or ancillary provisions (including
provisions amending this Act) as appears to the Minister to be
necessary or expedient for the purpose of giving due effect to the
amendment of the Agreement.

(3) Where the Agreement is amended pursuant to this
section a reference in this Act or any other instrument to the
Agreement shall, unless the context otherwise requires, be
construed as a reference to the Agreement as so amended.

(4) Every Order made under this section is subject to
negative resolution of Parliament.

7. The Minister may make Regulations which he considers
necessary for giving effect to the provisions of this Act.

Amendment of
the Schedule.

Regulations.

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SCHEDULE
AGREEMENT ESTABLISHING THE CARIBBEAN

METEOROLOGICAL ORGANISATION
The Governments of the Contracting States—

Recognising 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 ORGANISATION

The Caribbean Meteorological Organisation (hereinafter referred to as “the
Organisation”) is hereby established, with the membership, powers and functions
hereinafter stipulated.

ARTICLE 2

MEMBERSHIP
Membership of the Organisation 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

Section 2.

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(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 Region able and willing to exercise the

rights and assume the obligations of membership and which
is admitted as a member in accordance with Article 29.

ARTICLE 3

OBJECTIVES

The Organisation 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 Organisation shall include—

(a) meteorological services to civil aviation;
(b) co-operation with other services to provide an efficient

hurricane warning system;
(c) provision of meteorological information and advice to

Member States;
(d) collection and analysis of all relevant meteorological data

available and publication of results;
(e) co-operation with meteorological services;
(f) participation in the work of the appropriate international

organisations particularly the World Meteorological
Organisation and the International Civil Aviation Organisation;

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

(h) participation in work in applied meteorology, agricultural
meteorology, hydrology and associated research of direct
interest to the Region;

(i) co-operation with all relevant scientific institutions.

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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 Organisation 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”);

(d) the Headquarters Unit.

ARTICLE 7

ESTABLISHMENT AND MEMBERSHIP OF THE COUNCIL
1. The Council is hereby established as the supreme organ of the

Organisation.

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 alternate 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 submitted to the
Secretariat of the Organisation 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 representative in his place.

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4. The Chairman shall not have a vote, but where no representative 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 Member 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 executing 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 Organisation and any organs, institutions or
bodies of the Organisation, and effect shall be given to any such directions.

2. The Council shall be the final authority for the conclusion of agreements
on behalf of the Organisation and for entering into relationships between the
Organisation and other Organisations 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 Organisation and shall be the final authority on questions
arising in relation to the financial affairs of the Organisation.

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

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

6. The Council may generally do all such acts and things as may be
requisite in order to fulfil the objectives of the Organisation, and may in
particular—

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

(b) establish and designate such institutions, bodies and
committees as it sees fit for achieving the purposes of carrying
out the objectives of the Organisation.

7. The Council may delegate to any of its representatives or to any organ
of the Organisation or to any officer or member of staff of the Organisation, 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 Organisation. 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 administrative 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

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

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(d) representing those Member States which so desire at sessions
of the Congress of the World Meteorological Organisation as
determined by the Council;

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

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

(g) initiating projects, studies and other programmes of a regional
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 maintained and
controlled by the Organisation and shall be subject to any policy directions of a
general or special character which may be issued by the Council.

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 organisations 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.

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ARTICLE 14

BOARD OF GOVERNORS

1. There shall be in relation to the Institute a Board of Governors
(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;
(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 appropriate, 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 reappointment.

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 Organisation.

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 contract.

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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 Institute)
and other persons as may be necessary for the adequate
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.

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 functions 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.

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ARTICLE 19

THE FOUNDATION
The Foundation shall be established with the membership, powers and

functions hereinafter set out.

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
ORGANISATION

1. The Council shall consider and approve budgets of the Organisation
(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 Organisation shall be borne by Member States as
apportioned by the Council.

ARTICLE 23

SETTLEMENT OF DISPUTES
1. If any dispute shall arise between the Organisation 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 connected 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.

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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 Organisation shall possess full juridical personality.

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

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

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 accordance with Article 26 and if not,
on such later date as the eight instruments of ratification including those of Barbados,
Guyana, Jamaica and Trinidad and Tobago, have been deposited. The Secretary-
General shall notify Member States of the entry into force of this Agreement.

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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 Organisation 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 Secretariat.

ARTICLE 30

AMENDMENT
An amendment to the provision of this Agreement shall be submitted to

Member States for ratification if it is approved by a decision of the Council
and it shall have effect provided it is ratified by all Member States. Instruments
of ratification shall be deposited with the Secretariat which shall notify all
Member States.

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 Organisation.

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.

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ARTICLE 33

TRANSITIONAL PROVISIONS
1. This Agreement shall take the place of the formal Agreement now in

force and referred to in the Preamble to this Agreement.

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

In Witness Whereof the undersigned, being duly authorised thereto by
their respective Governments, have affixed their signatures to this Agreement.

Done at Basseterre, St. Kitts-Nevis-Anguilla in a single copy which shall
be deposited with the Commonwealth Caribbean Regional Secretariat which
shall transmit certified copies to all the Contracting States.
Signed on behalf of the Government of Antigua.
Signed on behalf of the Government of the Bahamas.
Signed on behalf of the Government of Barbados.
Signed on behalf of the Government of Belize.
Signed on behalf of the Government of the British Virgin Islands.
Signed on behalf of the Government of the Cayman Islands.
Signed on behalf of the Government of Dominica.
Signed on behalf of the Government of Grenada.
Signed on behalf of the Government of Guyana.
Signed on behalf of the Government of Jamaica.
Signed on behalf of the Government of Montserrat.
Signed on behalf of the Government of St. Kitts-Nevis-Anguilla.
Signed on behalf of the Government of St. Lucia.
Signed on behalf of the Government of St. Vincent.
Signed on behalf of the Government of Trinidad and Tobago.
Signed on behalf of the Government of the Turks and Caicos Islands.

RESOLUTION
Whereas the Twelfth Meeting of the Caribbean Meteorological Conference

recognising the need for the expansion of Regional Co-operation in matters of
meteorology and allied sciences, agreed that a Caribbean Meteorological
Organisation be established:

And Whereas it was further agreed that such an Organisation should replace
the present Caribbean Meteorological Council:

Be it Resolved that upon the entry into force of the Agreement establishing
the Caribbean Meteorological Organisation all the assets which are vested in
the Caribbean Meteorological Council shall be deemed to have been transferred
to the Caribbean Meteorological Organisation.

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