Overview US Paper C2-7.INF IHO Council Overview US Paper C2-7.INF US Interpretation on IHO C-1, Annex C John Nyberg, NOAA (with Josh Fortenbery, NOAA Office of General Counsel) C-2, London, United Kingdom, 9 – 11 October 2018

C-2, London, United Kingdom, 9 – 11 October 2018 The issue- May the Council receive and act upon proposals submitted by Member states and the IHO Secretariat? Maybe not? See Annex C of the C-1 Report “Possible conflict between IHO Convention and Council Rules of Procedure (UK’s ad hoc analysis).” or YES. See C2-7.INF “US Interpretation on IHO C-1, Annex C” C-2, London, United Kingdom, 9 – 11 October 2018

C-2, London, United Kingdom, 9 – 11 October 2018 IHO Convention Article VI(g) The functions of the Council shall be to: Elect its Chair and Vice-Chair, each of whom shall hold office until the end of the next ordinary session of the Assembly; Exercise such responsibilities as may be delegated to it by the Assembly Coordinate, during the inter-Assembly period, the activities of the Organization within the framework of the strategy, work programme and financial arrangements, as decided by the Assembly Report to the Assembly at each ordinary session on the work of the Organization; Prepare, with the support of the Secretary-General, proposals concerning the overall strategy and the work programme to be adopted by the Assembly; Consider the financial statements and budget estimates prepared by the SecretaryGeneral and submit them for approval to the Assembly with comments and recommendations regarding programmatic allocations of the budget estimates; Review proposals submitted to it by subsidiary organs and refer them: To the Assembly for all matters requiring decisions by the Assembly; Back to the subsidiary organ if considered necessary; or To the Member States for adoption, through correspondence; Propose to the Assembly the establishment of subsidiary organs; and Review draft agreements between the Organization and other organizations, and submit them to the Assembly for approval. RoP RULE 8 The provisional agenda of meetings of the Council shall include adoption of the Agenda; election of the Chair and Vice-Chair, when necessary in accordance with Rule 12 of these Rules of Procedure; any item the inclusion of which has been requested by the Assembly; any item the inclusion of which has been requested by the Council at a previous meeting; any item the inclusion of which has been requested by a subsidiary organ; where required by Article 8 of the Financial Regulations, the three-year budget of the Organization; the annual financial statements; the annual work programme of the Organization; and Any item proposed by a Member State or by the Secretary-General. C-2, London, United Kingdom, 9 – 11 October 2018

Key points The rules and articles must be read in context of the purpose of the Protocol of Amendments and establishment of the Council The importance of the Council to the framework of the amended Convention work mitigates against interpreting the Council’s authority in an overly restrictive manner The Council’s clear role in regard to proposals from subsidiary organs does not preclude it from acting on proposals from others The function of the Council specified in the Convention require consideration of proposals from member states and the SG IHO COUNCIL

Discussion If Council may not consider proposals from member states or SG, it is unclear how the Council would fulfill several functions specified in the Convention The ROP and Convention are best “read in harmony;” there is no “direct conflict” IHO COUNCIL

Action requested of the Council The Council is invited to: consider the above analysis with regard to issue raised at Council-1, Action C1- 1/14, and Annex C of the C-1 Report; Agree there is no conflict regarding the RoP 8(i) and the Convention article VI(g)(vii). The Council has the authority to consider items proposed by Member States or the Secretary General; Document the decision as appropriate; and Take any other action as may be considered appropriate. C-2, London, United Kingdom, 9 – 11 October 2018

Suggest C-1/14 action “The Council to seek confirmation of the Council Interpretation of Article VI (g) (vii) of the IHO Convention at A-2” If necessary, draft the Council interpretation and document for the record If really necessary, draft the interpretation the Council adopts and note this to Assembly-2; adopt the interpretation at Assembly 2 “without objection” IHO COUNCIL