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 -
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(a) (i) Antigua
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(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;
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(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.
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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 -
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(a) meteorological services to civil aviation;
(b) cooperation 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) cooperation 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) cooperation 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 -
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(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.
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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.
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.
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 or the Organisation, and may in particular -
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(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.
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7. The Council may delegate to any of its representatives or to any organ of the
Organisation, or to any other officer or member of staff of the Organisation or to any
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 -
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(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;
(d) representing those Member States which so desire at sessions of the Congress of the
World Meteorological Organisation as determined by 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 matters relating to the fields of meteorology and allied sciences
as may be referred to it by the Council.
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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.
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 -
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(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.
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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 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 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 decisions of the
Board with respect to that contract.
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 -
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(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.
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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 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 or
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.
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.
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 31
st 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 eighth instrument of ratification including those of Barbados, Guyana,
Jamaica and Trinidad and Tobago, has been deposited. The Secretary-General shall notify
Member 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
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 the 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 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 by (Gerald A. Watt)
For the Government of Antigua, on 19
th October, 1973
at Basseterre, St. Kitts-Nevis-Anguilla
Signed by
For the Government of The Bahamas, on
at
Signed by (A. Morrison)
For the Government of Barbados, on 19
th October, 1973
at Basseterre, St. Kitts-Nevis-Anguilla
Signed by
For the Government of Belize, on
at
Signed by
For the Government of the British Virgin Islands, on
at
Signed by (A.E. Bush)
For the Government of Cayman Islands, on 19
th October, 1973
at Basseterre, St. Kitts-Nevis-Anguilla
Signed by
For the Government of Dominica,
at
Signed by (H. Preudhomme)
For the Government of Grenada, on 19
th October, 1973
at Basseterre, St. Kitts-Nevis-Anguilla
Signed by
For the Government of Guyana , on
at
Signed by (H.A. Clarke)
For the Government of Jamaica, on 19
th October, 1973
at Basseterre, St. Kitts-Nevis-Anguilla
Signed by (E.A. Dyer)
For the Government of Montserrat, on 19
th October, 1973
at Basseterre, St. Kitts-Nevis-Anguilla
Signed by
For the Government of St. Kitts and Nevis, on
at
Signed by (H. Felicien)
For the Government of St. Lucia, on 19
th October,
1973
at Basseterre, St. Kitts-Nevis-Anguilla
Signed by
For the Government of St. Vincent, on
at
Signed by (Sham Mohammed)
For the Government of Trinidad and Tobago, on 19
th October, 1973
at Basseterre, St. Kitts-Nevis-Anguilla
Signed by
For the Government of Turks and Caicos Islands, on
at
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 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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