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SCAR BULLETIN, No. 151, October 2003

Decision 2 (2003)
provisional application of Measure 1 (2003)

The Representatives,

Recalling Decision 1 (2001) of the XXIV ATCM on the establishment of the Secretariat of the Antarctic Treaty (the Secretariat) in Buenos Aires, Argentina;
Recalling also Measure 1 (2003) of the XXVI ATCM (the Measure);
Decide:
1. That the Secretariat shall act in accordance with Articles 1, 3, 4 (paragraph 1) and 5 (paragraphs 1, 3 and 4) of the Measure, on a provisional basis, until the Measure becomes effective. This Decision shall be reviewed at each ATCM to assess the status of approvals of the Measure and contributions to the budget of the Secretariat;

2. That the Secretariat shall fulfil, to the fullest extent possible, the functions identified in Article 2 of the Measure prioritising its work in accordance with guidance by the ATCM until the Measure becomes effective;

3. To apply provisionally, to the fullest extent possible, the Staff Regulations and Financial Regulations of the Secretariat of the Antarctic Treaty adopted by Decisions 3 and 4 (2003) respectively of the XXVI ATCM, until the Measure becomes effective;

4. That paragraphs 1, 2 and 3 above shall apply subject to:

(a) appointment of the first Executive Secretary in accordance with paragraph 5 below;
(b) notification by the Depositary Government of contributions paid, in accordance with paragraph 8 below; and
(c) notification, as provided for in paragraph 9 below, by the Argentine Republic that its constitutional requirements for the provisional application of the Headquarters Agreement have been completed;

5. That the first Executive Secretary shall be selected and appointed by the XXVII ATCM from among candidates who are nationals of Consultative Parties. Each candidature shall be submitted to the Depositary Government no later than 15 February 2004 and shall be accompanied by a curriculum vitae setting out the relevant qualifications and experience of the candidate;

6. That, until the Measure becomes effective, the budget of the Secretariat, which shall be approved by Representatives of all Consultative Parties present at the ATCM, shall be financed by assessed voluntary contributions, which should be made on the basis of Article 4 (paragraphs 3 and 4) of the Measure. Consultative Parties are recommended to make their annual contribution on the basis of the initial scale of contributions annexed to this Decision, which has been calculated according to the Schedule to Decision 1 (2003). Consultative Parties wishing to change the category in which they are listed in this initial scale may do so by notification to the Depositary Government by 22 August 2003. The Depositary Government shall by 12 September 2003 circulate to the Consultative Parties a note confirming the initial scale or revising the scale to reflect any changes made. The ATCM shall review the scale annually to take account of the budget for the following year;
7. That Consultative Parties intending to make voluntary contributions in accordance with paragraph 6 above shall notify the Depositary Government of the amount of such contributions no later than 1 January 2004. The Depositary Government shall inform all Consultative Parties of all such notifications by 21 January 2004. In each subsequent year, until the Measure becomes effective, the same procedure shall apply;

8. That all voluntary contributions notified pursuant to paragraph 7 above should be paid no later than 1 April 2004 to a temporary interest-bearing account, held by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) on behalf of the Consultative Parties and subject to the approval of CCAMLR. Each Consultative Party concerned should notify the Depositary Government at the time of payment of the amount paid to this account. The Depositary Government, by 21 April 2004, shall notify all Consultative Parties of such voluntary contributions paid to this account. After the Secretariat has informed the Depositary Government that the Secretariat has established an account for its funds, the Depositary Government shall request the CCAMLR Secretariat to transfer all such voluntary contributions, with interest accrued thereon, to the Secretariat. In each subsequent year, until the Measure becomes effective, Regulation 5.5 of the Financial Regulations shall be applied provisionally;

9. To accept the offer of the Argentine Republic, annexed to this Decision, to apply provisionally the Headquarters Agreement adopted by the Measure from the date that the Argentine Republic notifies the Depositary Government that its constitutional requirements to this effect have been completed.

Annex 1 to Decision 2 (2003)
Initial Scale of contributions to the Budget of the Secretariat of the Antarctic Treaty
The text of the Annex is not reproduced here.

Annex 2 to Decision 2 (2003)
Letter of commitment of the Argentine Republic
The text of the Annex is not reproduced here.