Article 8

AMENDMENT TO ARTICLE 16 OF THE SINGLE CONVENTION

Article 16 of the Single Convention shall be amended to read as follows:

"The secretariat services of the Commission and the Board shall be furnished by the Secretary-General. In particular, the Secretary of the Board shall be appointed by the Secretary-General in consultation with the Board "

Commentary

1. The amendment of article 16 made a treaty obligation that had already been included in the arrangements adopted under article 9, paragraph 2 by the Council, in consultation with the Board, in order to ensure the full technical independence of the Board in carrying out its functions.'

2.   The amendment of article 16 was explained by the spokesman of its sponsors as being infended to emphasize the independence of the Board.2

3. It implies an obligation of the Secretary-General, in the context of the special administrative workload involved, to provide a permanent secretariat unit for the Board. It does not affect the administrative control which the Secretary-General, as chief administrative officer of the United Nations, has over the Board's secretariat, nor the character of that secretariat as an integral part of the United Nations Secretariat.

4.   It will be noted that the Secretary-General is required to consult the Board, but not to obtain its agreement on his appointment of the Board's Secretary.

1 Council resolutions. 1196 (XLII) and 1775 (LIV).

2 1972 Records, vol. I, document E/CONF.63/5 (pp. 95 et seq.); vol. II, para. 48 of the summary records of the fifth meeting of Committee II (p. 176); the amendment was sponsored by 31 Governments; see also resolution I of the 1972 Conference, 1972 Records; vol. I,p 128.