IAEA LOGO
International Atomic Energy Agency
General Conference
(Unofficial electronic version)
GC(41)/11*/
8 July 1997

GENERAL Distr.
Original: ENGLISH


Forty-first regular session
Item 20 of the provisional agenda
(GC(41)/1)

ARTICLE VI OF THE STATUTE

Report by the Secretariat

On 20 August 1997, GC(41)/11/Add. 1 was issued and on 29 September 1997, GC(41)/11/Add. 2 was issued.
  1. At its June 1997 session, the Board of Governors had before it:

    (a) two memoranda in which the Chairman of the Board - pursuant to requests made by the General Conference last year in its resolution GC(40)/RES/20 and in its decision GC(40)/DEC/14 - had submitted a package of proposals dealing with three interrelated issues concerning Article VI of the Statute (see Appendices I.A and I.B. to the present document);

    (b) a proposal for amending Article VI.A submitted by Canada in accordance with Article XVIII of the Statute (see Appendix II) ; and

    (c) a proposal for amending Article VI.A submitted by Sudan on behalf of the African Group in accordance with Article XVIII of the Statute (see Appendix III).

  2. On 25 June 1997, the Director General received from the Resident Representative of Sudan a revised proposal for amending Article VI.A submitted Sudan on behalf of the African Group (see Appendix IV).

  3. The Board decided at its June 1997 session: to defer further discussion on the Chairman's package of proposals until its meetings starting on 22 September 1997; that informal discussions would take place in the meantime concerning Article VI; and that the proposal submitted by Sudan would be "part of the discussion" at the Board meetings starting on 22 September 1997.

  4. The summary record of the discussion at the Board's June 1997 session under the heading "Review of Article VI" will be issued as an Addendum to the present document; a further Addendum will be issued after the Board meetings starting on 22 September 1997 with the summary record of the Board's follow-on discussion. The summary records will be before the General Conference pursuant to Article XVIII.C(i) of the Statute.

  5. Also before the General Conference (see Appendix V) will be a proposal for amending Article VI.A of the Statute submitted by Morocco in 1995.

*/ After document GC(41)/1, containing the provisional agenda for the General Conference's forthcoming session, has been issued, the Secretariat concluded that Member States would find it easier if the envisaged documents GC(41)/11, 12, 13 and 14 (see the annotation to item 20 of the provisional agenda) were issued as a single document.


Appendix I.A

REVIEW OF ARTICLE VI OF THE STATUTE

Memorandum by the Chairman of the Board of Governors

  1. The purpose of this Note is to put forward for consideration by the Board of Governors a package of proposals regarding the three elements of Article VI of the Statute which have been under consideration for some time.

  2. In its resolution GC(40)/RES/20 on the Amendment of Article VI of the Statute adopted on 20 September 1996, the General Conference requested the Board of Governors to develop within a timetable a process of negotiations among Member States through the existing Open-ended Consultative Group. It further requested the Board to take account of the formal proposal submitted by the Kingdom of Morocco, the sub-amendment submitted by Spain and the informal suggestions made by other Member States and of the elements identified by the Chairman of the Open-ended Consultative Group in his report contained in document GOV/2880 of 9 September 1996 (also contained in document GC(40)/20). It also requested the Board to submit its report on a finalized formula for approval by the General Conference at its forty-first regular session in September 1997 in accordance with Article XVIII of the Statute.

  3. On 23 September 1996, the Board of Governors endorsed the re-appointment of Ambassador Bøjer as Chairman of the Open-ended Consultative Group on Article VI of the Statute.

  4. Ambassador Bøjer has carried on an intense process of consultations both within the Open-ended Consultative Group and outside it, taking as his basic premise that a solution would have to be reached by consensus. He has concluded that there is not a widespread measure of agreement on the issue of the expansion of the Board. However, he has indicated where, in his view, there are possible lines of convergence. At the meeting of the Open-ended Consultative Group on 9 April 1997, it was clear that there is still a considerable divergence of views on these possible lines of convergence.

  5. On 16 June 1995 the Board of Governors agreed that an Open-ended Expert Group should look into the subject of criteria to be followed in designating Member States for Board membership. Since then Ambassador Akao of Japan and, more recently, his successor, Ambassador Ikeda, have conducted intensive consultations on this issue. As a result of those consultations there seems to be a fair measure of support for the criteria and the indicators to be considered in designating members to the Board of Governors. However, the Group seems to be unable to agree on the weighting to be given to the criteria/indicators.

  6. On 20 September 1996, the General Conference endorsed a statement made by the President of the Conference which, inter alia, requested the Chairman of the Board of Governors to consult with Member States not yet listed in a regional area (referred to in Article VI of the Statute) as well as with other Member States, including representatives of the regional areas. The Chairman was also asked to report for consideration at the forty-first regular session of the General Conference in September 1997 specific proposals to include each Member State within the appropriate area. I have consulted with interested member States but I have not found agreement on this issue.

  7. Thus there are underway three separate exercises to address issues related to Article VI of the Statute. Progress has been made but as yet no agreement reached on any of these issues.

  8. All three issues are inter-related in that they all relate to Article VI and the composition of the Board of Governors. It seems to me, therefore, that an attempt should now be made to recognize this and approach all three issues together in an attempt to, in the words of the General Conference resolution, submit a finalized formula on all of these issues for approval by the General Conference at its forty-first regular session.

    Size and composition of the Board

  9. I would like to make the following proposal regarding the first element, namely, the size and composition of the Board:

    (a) Abolish the category of globally advanced designated Board members, distribute the designated seats among the eight areas listed in Article VI.A.1 on the basis of the present pattern and add four designated seats in the manner set out in sub-paragraph (b) of this paragraph.

    (b) Add one designated seat to each of the following areas:

    Latin America
    Eastern Europe
    Middle East and South Asia
    Far East

    (c) Add one and one third of an elected seat to the area of Africa.

    (d) Add two thirds of an elected seat to each of the areas of Eastern Europe and Middle East and South Asia.

    (e) Add one third of an elected seat to each of the areas of Western Europe and South East Asia and the Pacific.

    (f) Subtract two thirds of an elected seat from each of the areas of Latin America and Far East.

    (g) Abolish the present restriction in Article VI.A.2.(a) on eligibility for re-election.

  10. This proposal entails an increase of four in the number of designated and a net increase of two in the number of elected seats.

  11. For each area the net change would be as follows:

    (a) North America: no change.

    (b) Latin America, Western Europe, South East Asia and the Pacific, and Far East: an increase of one third for each of these areas.

    (c) Africa: an increase of one and one third.

    (d) Eastern Europe and Middle East and South Asia: an increase of one and two thirds for each of these areas.

    The following table summarizes the proposal:

    Present Change New
    Regional Area E D T E D T E D T
    North America - 2 2 - - - - 2 2
    Latin America 5 1 6 -2/3 +1 +1/3 41/3 2 61/3
    Western Europe 4 4 8 +1/3 - +1/3 41/3 4 81/3
    Eastern Europe 3 1 4 +1/3 +1 +12/3 32/3 2 52/3
    Africa 41/3 1 51/3 +1 - +11/3 52/3 1 62/3
    Middle East + South Asia 22/3 1 32/3 +2/3 +1 +12/3 31/3 2 52/3
    South East Asia + Pacific 12/3 1 22/3 +1/3 - +1/3 2 1 3
    Far East 11/3 2 31/3 -2/3 +1 +1/3 2/3 3 32/3
    Total 22 13 35 +2 +4 +6 24 17 41

  12. A draft of a revised Article VI.A. of the Statute reflecting these proposals is attached (Attachment 1). Since, pursuant to the provisions of Article XVIII of the Statute, amendments may only be proposed by a Member State of the Agency, it is the intention of Canada to formally submit the proposed amendment not later than 5 May 1997 to enable the Board to make its observations thereon at its June session. The proposed amendment will, however, be withdrawn immediately in the event that there is no agreement on the package proposed in this Note.

    Criteria and indicators for Board designation

  13. The second element relates to the criteria for designation of members to the Board of Governors. Ambassador Ikeda's group has done a great deal of very useful work in elaborating the criteria and the indicators, and it is his intention to report to the June session of the Board on the work of the Group. I do not want this valuable work to be lost. Moreover, I do not believe that agreement on the weight to be accorded to various indicators is absolutely necessary or perhaps even possible. Therefore, it seems to me that at this point it would be useful to recommend that the outgoing Board of Governors take these criteria and indicators as guidelines in designating members to the Board in accordance with the provisions of Article VI.A.1.

  14. The list of criteria and indicators is attached (Attachment 2).

    Composition of areas listed in Article VI.A.1

  15. The third element relates to what I would call in the words of the Statute, representatives or members from the eight areas set out in Article VI.A.1. In his statement at the last General Conference, the President of the Conference referred to Member States not yet listed in a regional area.

  16. The sensitivity of this issue is well-known. Nevertheless, a solution must be found. Article VI is premised on the assumption that every Member State of the Agency is within one of the areas listed in the Article. Otherwise, a Member State that is not within an area would be ineligible to serve as a member of the Board and such ineligibility would be contrary to the principle of sovereign equality of all Member States upon which the Agency is based and which is enshrined in Article IV.C. of the Statute. In this regard, I should note that listing of a Member State in one of the areas is purely for electoral purposes. With these considerations in mind, the third element of the package is that we agree to the list in Attachment 3 of this Note where Member States are assigned to areas on the basis of geographical proximity.

  17. I regard these three elements as forming a carefully balanced package proposal and I commend the package to the Board on the understanding that no part of the package will be implemented until the entry into force of the amendment to Article VI.

    RECOMMENDED ACTION BY THE BOARD

  18. The Board is invited to:

    (a) Endorse the package of proposals relating to the size and composition of the Board of Governors, the criteria and indicators to be used as guidelines by the Board in designating for Board membership and the composition of the areas listed in Article VI.A.1 of the Statute, on the understanding that all elements of the package would only become applicable when the amendment set out in Attachment 1 comes into force pursuant to Article XVIII.C. of the Statute. More specifically:

    (i) submit its observations on the formal proposal to be submitted by Canada to amend Article VI, as contained in Attachment 1, to the General Conference, pursuant to Article XVIII.C.(i) of the Statute;

    (ii) take into consideration the criteria and indicators contained in Attachment 2 as guidelines in designating members of the Board pursuant to Article VI.A.1 as amended; and

    (iii) accept the list of Member States by area contained in Attachment 3 for use in its designation of members of the Board pursuant to Article VI.A.1, as amended, and recommend to the General Conference that it accept the above-mentioned list for use in its election of members of the Board pursuant to Article VI.A.2, as amended, on the understanding that additions to the list will be necessary upon the admission of new Member States;

    (b) Express its appreciation to the Chairmen of the Open-ended Consultative Group on Article VI of the Statute and of the Open-ended Expert Group on criteria for the designation of members of the Board of Governors for guiding the deliberations of the two groups which have now completed their work.

GC(41)/11
Appendix I.A
Attachment 1

ATTACHMENT 1*/

The entire section of Article VI.A. will be replaced by the following:

"The Board of Governors shall be composed as follows:

  1. The outgoing Board of Governors shall designate for membership of the Board seventeen members on the basis of advancement in the technology of atomic energy including the production of source materials. The designated seats shall be distributed among the areas mentioned below as follows:

    North America 2
    Latin America 2
    Western Europe 4
    Eastern Europe 2
    Africa 1
    Middle East and South Asia 2
    South East Asia and Pacific 1
    Far East 3

  2. The General Conference shall elect to membership of the Board of Governors:

    (a) Twenty-one members, with due regard to equitable representation on the Board as a whole of the members in the areas listed in sub-paragraph A.1 of this article, so that the Board shall at all times include in this category:

    four representatives of the area of Latin America,
    four representatives of the area of Western Europe,
    three representatives of the area of Eastern Europe,
    five representatives of the area of Africa,
    three representatives of the area of the Middle East and South Asia, and
    two representatives of the area of South East Asia and the Pacific.

    (b) Two further members from among the members in the following areas:

    Eastern Europe
    Africa
    Far East

    (c) One further member from among the members in the following areas:

    Latin America
    Western Europe
    Middle East and South Asia."

    */ The wording of this text is identical with that of the certified text of the proposal by Canada contained in Appendix II.


    GC(41)/11
    Appendix I.A
    Attachment 2

    ATTACHMENT 2

    The criteria and indicators to be used as guidelines in designating members to the Board of Governors*/

  3. CRITERIA INDICATORS
    1. Nuclear Reactors
    (1) nuclear power plants
    • Number of power reactors
    • Total nuclear power generation capacity
    • Total nuclear power generation capacity per capita
    • Percentage of total nuclear power generation
    • Total operating experience
    (2) research reactors
    • Number and type of research reactors
    • Number of criticality facilities
    • Total operating experience
    (3) other nuclear reactors (e.g. FBR, advanced reactors)
    • Number of reactors
    • Total operating experience
    (4) (siting), design, construction, operation and decommissioning Design and construction capability
    Decommissioning capability
    Life extension & upgrading capability
    (5) manufacturing and fabrication of major components
    • Number of technology transfers
    Capability to manufacture major components
    2. Production of Source Material and Nuclear Fuel Cycle Activities
    (1) mining and ore processing
    • Production of uranium and other nuclear materials
    Exploration of nuclear materials

    Technology for processing low-grade uranium ore

    (2) conversion
    • Number of conversion plants

    • Annual capacity for conversion
    (3) enrichment
    • Annual production capacity of enriched uranium
    (4) fuel fabrication
    • Annual production of uranium and thorium fuel

    • Annual production of MOX fuel
    Capability to produce any other nuclear fuel
    (5) moderators
    • Fabrication of moderator materials (e.g. beryllium and graphite)

    • Annual capacity to produce and upgrade heavy water
    (6) reprocessing
    • Number of operating plants

    • Tons of heavy metals reprocessed per year
    Capability for reprocessing

    Capability for recycling plutonium in reactors

    (7) waste management (infrastructure including depository site) Capability for treatment of LLW, MLW and HLW

    Capability for treatment of mining and milling waste

    Spent fuel storage capability

    Interim storage capability

    Ultimate storage capability (repository)

    Compliance with minimum IAEA criteria for waste management

    3. Radiation Protection and Nuclear Safety
    General: Effective and independent regulatory system in place

    Adherence to IAEA supported international conventions and application of IAEA safety standards

    Monitoring system in place

    Personnel training

    (1) radiation protection
    (2) nuclear safety
    (3) physical protection
    4. Research and Development
    General:
    • Number of papers or reports presented and adopted in refereed journals, etc.

    • Total R&D budget and its percentage of GNP

    • Number of researchers holding doctorate degrees in fields of nuclear engineering, nuclear science, etc.

    • Number of patents filed related to nuclear technology

    Universities/research institutions have relevant activities in their programmes

    Existence of internationally recognized programme

    (1) R&D in basic nuclear sciences
    (2) R&D in applied and engineering sciences
    5. Nuclear Applications
    (1) production and use of radioisotopes
    • Total production of RI

    • Types of RI produced (from reactors and accelerators)

    • Total amount of RI used

    • Types of RI used

    • Number of facilities authorized to use RI

    Processing, handling and encapsulation capacity

    (2) nuclear applications in: Health and medicine

    Food irradiation

    Agriculture

    Hydrology

    Geology

    Environmental monitoring

    Industry

    6. Contribution to International Collaboration
    (1) demonstrated training capabilities
    • Number of trainees and scientific visitors received

    • Number of training courses organized or hosted

    • Number of experts from the country made available to IAEA for its activities for assisting the Agency's work as consultants in Advisory Groups/Technical Committees
    (2) financial contribution to the IAEA (?)
    • Payment of assessed contribution

    • Payment of full share of TACF

    • Voluntary and exceptional contributions other than regular budget and TACF
    7. Safeguards and Non-Proliferation (?)
    Party to the NPT

    Conclusion of comprehensive safeguards agreements with the IAEA

    Member of a nuclear-weapon-free-zone treaty

    Adherence to NSG or relevant guidelines

    Commitment to the promotion of peaceful uses of nuclear energy

    Commitment to universal nuclear disarmament

    */ The above criteria and indicators are the result of the work of the Open-ended Expert Group on criteria for Board designation. The symbols against the indicators mean:

    1. (a) Indicators with round bullets (•) could be, subject to the availability of appropriate statistics, definable and measurable in terms of quantity.

      (b) Indicators with triangles () could be evaluated either in positive/negative terms (i.e. "yes"/"no") or by some other possible grading method.

      (c) Indicators with diamonds () would be difficult to evaluate or measure in their current form.

    2. Question marks (?) signify that views are divided on the utility of including these items in the list of criteria.


    GC(41)/11
    Appendix I.A
    Attachment 3

    ATTACHMENT 3

    LIST OF STATES BY AREAS
    (ACCORDING TO ARTICLE VI OF THE IAEA STATUTE)

    I. NORTH AMERICA
    1. Canada 2. United States of America
    II. LATIN AMERICA
    1. Argentina
    2. Bolivia
    3. Brazil
    4. Chile
    5. Colombia
    6. Costa Rica
    7. Cuba
    8. Dominican Republic
    9. Ecuador
    10. El Salvador
    11. Guatemala
    12. Haiti
    13. Jamaica
    14. Mexico
    15. Nicaragua
    16. Panama
    17. Paraguay
    18. Peru
    19. Uruguay
    20. Venezuela
    III. WESTERN EUROPE
    1. Austria
    2. Belgium
    3. Cyprus
    4. Denmark
    5. Finland
    6. France
    7. Germany
    8. Greece
    9. Holy See
    10. Iceland
    11. Ireland
    12. Italy
    13. Liechtenstein
    14. Luxembourg
    15. Monaco
    16. Netherlands
    17. Norway
    18. Portugal
    19. Spain
    20. Sweden
    21. Switzerland
    22. Turkey
    23. United Kingdom of Great Britain
    and Northern Ireland
    IV. EASTERN EUROPE
    1. Albania
    2. Armenia
    3. Belarus
    4. Bosnia and Herzegovina
    5. Bulgaria
    6. Croatia
    7. Czech Republic
    8. Estonia
    9. Georgia
    10. Hungary
    11. Latvia
    12. Lithuania
    13. Poland
    14. Romania
    15. Russian Federation
    16. Slovakia
    17. Slovenia
    18. The former Yugoslav
    Republic of Macedonia
    19. Ukraine
    20. Yugoslavia
    V. AFRICA
    1. Algeria
    2. Cameroon
    3. Côte d'Ivoire
    4. Democratic Republic
    of the Congo
    5. Egypt
    6. Ethiopia
    7. Gabon
    8. Ghana
    9. Kenya
    10. Liberia
    11. Libyan Arab Jamahiriya
    12. Madagascar
    13. Mali
    14. Mauritius
    15. Morocco
    16. Namibia
    17. Niger
    18. Nigeria
    19. Senegal
    20. Sierra Leone
    21. South Africa
    22. Sudan
    23. Tunisia
    24. Uganda
    25. U.R. of Tanzania
    26. Zambia
    27. Zimbabwe
    VI. MIDDLE EAST AND SOUTH ASIA
    1. Afghanistan
    2. Bangladesh
    3. India
    4. Iran, Islamic Rep. of
    5. Iraq
    6. Israel
    7. Jordan
    8. Kazakstan
    9. Kuwait
    10. Lebanon
    11. Pakistan
    12. Qatar
    13. Saudi Arabia
    14. Sri Lanka
    15. Syrian Arab Republic
    16. United Arab Emirates
    17. Uzbekistan
    18. Yemen
    VII. SOUTH EAST ASIA AND THE PACIFIC
    1. Australia
    2. Indonesia
    3. Malaysia
    4. Marshall Islands
    5. Myanmar
    6. New Zealand
    7. Singapore
    8. Thailand
    VIII. FAR EAST
    1. Cambodia
    2. China
    3. Japan
    4. Korea, Rep. of
    5. Mongolia
    6. Philippines
    7. Viet Nam


    GC(41)/11
    Appendix I.B

    REVIEW OF ARTICLE VI OF THE STATUTE

    Further Memorandum by the Chairman of the Board of Governors

    1. I refer to my package of proposals on Article VI of the Statute contained in document GOV/2918 of 30 April 1997.

    2. In my consultations with regional groups, I indicated that one element of the package was missing. That element relates to the listing of a Member State in one of the areas for electoral purposes; it is dealt with in paragraphs 15 and 16 and Attachment 3 to document GOV/2918. In particular, the element relates to certain assurances from Israel regarding membership on the Board of Governors. I see that element in the following terms: prior to the adoption by the Board of the package of proposals, Israel would make a statement to the Board of Governors to the effect that in eventually seeking a place on the Board, it intends to work within the framework of MESA and would expect, for this purpose, to be treated on the same footing as the other members of that area group. That statement, which would be regarded by the Board as an undertaking by Israel not to seek Board membership for four years after the package takes effect, would be reflected in the summary record of the relevant meeting of the Board. In addition, I would incorporate it in the agreed Board conclusion on this item.

    3. With this additional element, I look forward to a thorough and productive discussion of Article VI at the Board's meetings commencing on 9 June.


    GC(41)/11
    Appendix II

    ARTICLE VI OF THE STATUTE*/

    AMENDMENT TO ARTICLE VI OF THE STATUTE PROPOSED BY CANADA

    The entire section of Article VI.A will be replaced by the following:

    "The Board of Governors shall be composed as follows:

    1. The out-going Board of Governors shall designate for membership of the Board seventeen members on the basis of advancement in the technology of atomic energy including the production of source materials. The designated seats shall be distributed among the areas mentioned below as follows:

      North America 2
      Latin America 2
      Western Europe 4
      Eastern Europe 2
      Africa 1
      Middle East and South Asia 2
      South East Asia and Pacific 1
      Far East 3

    2. The General Conference shall elect to membership of the Board of Governors:

      (a) Twenty-one members, with due regard to equitable representation on the Board as a whole of the members in the areas listed in sub-paragraph A.1 of this article, so that the Board shall at all times include in this category: four representatives of the area of Latin America, four representatives of the area of Western Europe, three representatives of the area of Eastern Europe, five representatives of the area of Africa, three representatives of the area of the Middle East and South Asia, and two representatives of the area of South East Asia and the Pacific.

      (b) Two further members from among the members in the following areas:

      Eastern Europe
      Africa
      Far East

      (c) One further member from among the members in the following areas:

      Latin America
      Western Europe
      Middle East and South Asia"

      On behalf of the Director General of the International Atomic Energy Agency 1. John Rames. Acting Director of the Legal Division of the Secretariat. hereby certify that the foregoing is a true copy of the text of an amendment to Article VI of the Statute of the Agency which is proposed, pursuant to Article XVIII.A of the Statute, by Canada.

    */ The wording of this text is identical with that of the text contained in Attachment 1 to Appendix I.A.


    GC(41)/11
    Appendix III

    ARTICLE VI OF THE STATUTE*/

    AMENDMENT TO ARTICLE VI OF THE STATUTE PROPOSED BY SUDAN ON BEHALF OF THE AFRICAN GROUP OF STATES MEMBERS OF THE IAEA

    The entire section of Article VI.A will be replaced by the following:

    "The Board of Governors shall be composed as follows:

    1. The out-going Board of Governors shall designate for membership of the Board eighteen members on the basis of advancement in the technology of atomic energy including the production of source materials. The designated seats shall be distributed among the areas mentioned below as follows:

      North America 2
      Latin America 2
      Western Europe 4
      Eastern Europe 2
      Africa 2
      Middle East and South Asia 2
      South East Asia and Pacific 1
      Far East 3

    2. The General Conference shall elect to membership of the Board of Governors:

      a) Twenty-one members, with due regard to equitable representation on the Board as a whole of the members in the areas listed in sub-paragraph A.1 of this Article, so that the Board shall at all times include in this category.

      four representatives of the area of Latin America,
      four representatives of the area of Western Europe,
      three representatives of the area of Eastern Europe,
      five representatives of the area of Africa,
      three representatives of the area of the Middle East and South Asia, and
      two representatives of the area of South East Asia and the Pacific.

      b) Two further members from among the members in the following areas:

      Eastern Europe
      Latin America
      Far East

      c) On further member from among the members in the following areas.

      Latin America
      Western Europe
      Middle East and South Asia."

      On behalf of the Director General of the International Atomic Energy Agency, I, Larry D. Johnson, Director of the Legal Division of the Secretariat, hereby certify that the foregoing is a true copy of the text of an amendment to Article VI of the Statute of the Agency which is proposed, pursuant to Article XVIII.A of the Statute, by Sudan.

    */ This text has been superseded by the text contained in Attachment IV.


    GC(41)/11
    Appendix IV

    ARTICLE VI OF THE STATUTE*/

    AMENDMENT TO ARTICLE VI OF THE STATUTE PROPOSED BY SUDAN ON BEHALF OF THE AFRICAN GROUP OF STATES MEMBERS OF THE IAEA

    The entire section of Article VI.A will be replaced by the following:

    "The Board of Governors shall be composed as follows:

    1. The out-going Board of Governors shall designate for membership of the Board eighteen members on the basis of advancement in the technology of atomic energy including the production of source materials. The designated seats shall be distributed among the areas mentioned below as follows:

      North America 2
      Latin America 2
      Western Europe 4
      Eastern Europe 2
      Africa 2
      Middle East and South Asia 2
      South East Asia and Pacific 1
      Far East 3

    2. The General Conference shall elect to membership of the Board of Governors:

      a) Twenty-one members, with due regard to equitable representation on the Board as a whole of the members in the areas listed in sub-paragraph A. 1 of this Article, so that the Board shall at all times include in this category.

      four representatives of the area of Latin America,
      four representatives of the area of Western Europe,
      three representatives of the area of Eastern Europe,
      five representatives of the area of Africa,
      three representatives of the area of the Middle East and South Asia, and
      two representatives of the area of South East Asia and the Pacific.

      b) Two further members from among the members in the following areas:

      Eastern Europe
      Latin America
      Far East

      c) One further member from among the members in the following areas.

      Africa Western
      Europe
      Middle East and South Asia."

      On behalf of the Director General of the International Atomic Energy Agency, I, Larry D. Johnson, Director of the Legal Division of the Secretariat, hereby certify that the foregoing is a true copy of the revised text of an amendment to Article VI of the Statute of the Agency which is proposed, pursuant to Article XVIII.A of the Statute, by Sudan.

    */ This text supersedes the text contained in Attachment III.


    GC(41)/11
    Appendix V

    ARTICLE VI OF THE STATUTE*/

    AMENDMENT TO ARTICLE VI OF THE STATUTE PROPOSED BY THE KINGDOM OF MOROCCO

    Replace sub-paragraphs 1 and 2 of Article VI.A. by the following:
    "A. The Board of Governors shall be composed as follows:

    1. The outgoing Board of Governors shall designate for membership on the Board the ten members most advanced in the technology of atomic energy including the production of source materials, and eight (8) additional members more advanced within their regions in the technology of atomic energy including the production of source materials so that the total number of the designated seats will be distributed among the under-mentioned areas as follows:

      (1) North America 2
      (2) Latin America 1
      (3) Western Europe 5
      (4) Eastern Europe 2
      (5) Africa 2
      (6) Middle East and South Asia 2
      (7) South East Asia and the Pacific 1
      (8) Far East 3

    2. The General Conference shall elect to membership of the Board of Governors twenty-seven members, with due regard to equitable representation on the Board as 8 whole of the members in the areas listed in sub-paragraph A.1 of this article, so that the Board shall at all times include in this category six representatives of the area of Latin America, four representatives of the area of Western Europe, three representatives of the area of Eastern Europe, six representatives of the area of Africa, four representatives of the area of the Middle East and South Asia, two representatives of the area of South East Asia and the Pacific, and two representatives of the area of the Far East. A member in this category can be eligible for immediate re-election in the same category to the regional seats on the Board within the limitation of two terms."

      On behalf of the Director General of the International Atomic Energy Agency, I, Wouter W. Sturms, Director of the Legal Division of the Secretariat, hereby certify that the foregoing is a true copy of the text of an amendment to Article VI of the Statute of the Agency which is proposed, pursuant to Article XVIII.A of the Statute, by Morocco.

    */ Copies of documents GC(39)/21/Add.1 and GC(40)/20/Add.1,, containing the observations made by the Board in 1995 and 1996, will be made available to Member States on request.

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