Treaty Establishing the Caribbean Community and Common Market - CARICOM CHAPTER II ORGANS OF THE COMMON MARKET THE COUNCIL ARTICLE 5 ESTABLISHMENT 1. There shall be established a Common Market Council (hereinafter referred to as "the Council") which, subject to paragraph 3 of Article 8 of the Treaty, shall be the principal organ of the Common Market. 2. Each Member State shall be represented on the Council. ARTICLE 6 COMPOSITION 1. The Council shall consist of one Minister of Government designated by each Member State. 2. Where the Minister designated under paragraph l of this Article is unable to attend a meeting of the Council the Member State may designate any person as an alternate to attend in his stead. ARTICLE 7 FUNCTIONS AND POWERS 1. The Council shall, in order to ensure the achievement of the objectives set out in this Annex and in accordance with the provisions thereof, be responsible for: (a) exercising such powers and performing such duties as are conferred or imposed upon it by this Annex; (b) ensuring the efficient operation and development of the Common Market including the settlement of problems arising out of its functioning; (c) keeping this Annex under constant review with a view to making proposals to the Conference for the progressive development of the Common Market; . (d) receiving and considering references alleging breaches of any obligations arising under this Annex and deciding thereon; (e) considering what further action should be taken by Member States and the Common Market and making proposals to the Conference to facilitate the establishment of closer economic and commercial links with other States, association of States or international organisations. 2. The Council may regulate its own procedure including the establishment of such committees and other bodies as it may deem necessary to perform its functions and may decide to admit to its deliberations observers, representatives of non-Member States or other entities. ARTICLE 8 VOTING 1. Each Member State represented on the Council shall have one vote. 2. Except in so far as this Annex provide otherwise, decisions and recommendations of the Council shall be made by an affirmative vote of all its representatives. 3. A decision shall be binding upon each Member State to which it is directed. A recommendation shall have no binding force. 4. For the purposes of this Article, abstentions shall not be construed as impairing the validity of decisions or recommendations of the Council provided that not less than three-quarters of its members including at least two of the More Developed Countries vote in favour of any decision or recommendation. ARTICLE 9 THE COMMON MARKET SECRETARIAT The Secretariat referred to in Article l5 of the Treaty shall be the Secretariat responsible for the administrative functions of the Common Market. ARTICLE 10 FUNCTIONS OF THE SECRETARIAT The Secretariat shall-- (a) service meetings of the Common Market and any of its Committees; (b) take appropriate follow-up action on decisions arrived at such meetings; (c) initiate, arrange, and carry out studies on questions of economic integration relating to the region; (d) provide services to Member States at their request in respect of matters relating to the achievement of the objectives of the Common Market; (e) undertake any other duties which may be assigned to it by the Council. ARTICLE 11 DISPUTES PROCEDURE WITHIN THE COMMON MARKET 1. If any Member State considers that any benefit conferred upon it by this Annex or any objective of the Common Market is being or may be frustrated and if no satisfactory settlement is reached between the Member States concerned any of those Member States may refer the matter to the Council. 2. The Council shall promptly, make arrangements for examining the matter. Such arrangements may include a reference to a Tribunal constituted in accordance with Article 12 of this Annex.The Council shall refer the matter at the request of any Member State concerned to the Tribunal. Member States shall furnish all information which may be required by the Tribunal or the Council in order that the facts may be established and the issue determined. 3. If in pursuance of the foregoing provisions of this Article the Council or the Tribunal, as the case may be, finds that any benefit conferred on a Member State by this Annex or any objective of the Common Market is being or may be frustrated, the Council may, by majority vote, make to the Member State concerned such recommendations as it considers appropriate. 4. If a Member State to which a recommendation is made under paragraph 3 of this Article does not or is unable to comply with such recommendation the Council may, by majority vote, authorise any Member State to suspend to the Member State which has not complied with the recommendation the application of such obligations under this Annex as the Council considers appropriate. 5. Any Member State may at any time while any matter is under consideration under this Article request the Council to authorise, as a matter of urgency, interim measures to safeguard its position. If the matter is being considered by the Tribunal such request shall be referred by the Council to the Tribunal for its recommendation. If it is found by a majority vote of the Council that the circumstances are sufficiently serious to justify interim action, and without prejudice to any action which it may subsequently take in accordance with the preceding paragraphs of this Article, the Council may, by majority vote, authorise a Member State to suspend its obligations under this Annex to such an extent and for such period as the Council considers appropriate. ARTICLE 12 REFERENCE TO TRIBUNAL 1. The establishment and composition of the Tribunal referred to in Article11 of this Annex shall be governed by the following provisions of this Article. 2. For the purposes of establishing an ad hoc tribunal referred to in Article 11 of this Annex, a list of arbitrators consisting of qualified jurists shall be drawn up and maintained by the Secretary-General. To this end, every Member State shall be invited to nominate two persons, and the names of the persons so nominated shall constitute the list. The term of an arbitrator, including that of any arbitrator nominated to fill a vacancy, shall be five years and may be renewed. 3. Each party to the dispute shall be entitled to appoint from the list an arbitrator to an ad hoc tribunal. The two arbitrators chosen by the parties shall be appointed within 30 days following the date on which the notification was received by the Secretary-General. The two arbitrators shall within 15 days following the date of the last of their own appointments, appoint a third arbitrator from the list who shall be the chairman; as far as practicable the chairman shall not be a national of any of the parties to the dispute. 4. Where the first two arbitrators fail to appoint a chairman within the period prescribed, the Secretary-General shall within 15 days following the expiry of that period appoint a chairman. If any party fails to appoint an arbitrator within the period prescribed for such an appointment, the Secretary-General shall appoint an arbitrator within 15 days following the expiry of such period. Any vacancy shall be filled in the manner specified for the initial appointment. 5. Where more than two Member States are parties to a dispute, the parties concerned shall agree among themselves on the two arbitrators to be appointed from the list. In the absence of such appointment within the prescribed period, the Secretary-General shall appoint a sole arbitrator whether from the list or otherwise, for the purpose. 6. An ad hoc tribunal shall decide its own procedure and may, with the consent of the parties to the dispute, invite any party to this Annex to submit its views orally or in writing. 7. The Secretary-General shall provide the ad hoc tribunal with such assistance and facilities as it may require. 8. The expenses of-the ad hoc tribunal shall be defrayed in such manner as determined by the Council. 9. Member States undertake to employ the procedures set out in this Article for the settlement of any dispute specified in paragraph1 of Article11 and to refrain from any other method of disputes settlement. Continue on to Chapter III