Artikel 10

1. The composition of the Council shall be determined as follows:
a) The Council shall be composed of a minimum of nine and a maximum of fifteen Members. Unless the Assembly decides otherwise, members of the Council shall serve for a period of three years on a rotational basis. The Assembly shall determine the composition of the Council from a list of Members that have expressed an interest in serving on the Council, in the order in which they became a Member.
b) The Assembly shall determine the initial nine Members that comprise the Council at its first meeting or as soon as possible thereafter.
c) The Assembly shall determine three additional members of the Council at the meeting following the deposit of the thirtieth instrument of ratification, acceptance, or approval of this Convention or accession to this Convention, and three additional members following the deposit of the fortieth such instrument.
d) When Ukraine and/or the Russian Federation are members of the Council in accordance with the rules of subparagraph (a) above, they shall abstain from voting under subparagraphs 2(b), 2(c)(ii) to (v), and 2(d) below. When Ukraine and/or the Russian Federation are Members, but not members of the Council, they shall be invited to participate in the meetings of the Council with the right to present their position, but without the right to vote.
e) The Assembly shall adopt the rules governing the rotation of membership in the Council in accordance with the provisions of this article, including ensuring continuity when the membership rotates.
2. The Council shall, without prejudice to Article 7 of this Convention:
a) have responsibility for the exercise of the mandate of the Commission;
b) appoint the Commissioners from the roster of candidates approved by the Assembly in accordance with subparagraph 4(e) of Article 7 of this Convention and establish Panels in accordance with Article 12 of this Convention;
c) adopt the rules and regulations governing the work of the Commission, to be subsequently approved by the Assembly, including as regards the determination of: (i) rules and procedures for appointment of Commissioners to and their removal from Panels;
(ii) rules and procedures for the submission, review, assessment, and decision of Claims, and for the determination of the amount of compensation due in each case;
(iii) standards and requirements for evidence;
(iv) rules for evaluation of damage, loss, or injury;
(v) standards and approaches to compensation;
(vi) procedures for resolving disputed issues;
(vii) the order of priority for the review, assessment, and decision of Claims;
(viii) the rules and procedures required for continuation of the work of the Register within the framework of the Commission; and
(ix) other matters within the competence of the Council;
(i) rules and procedures for appointment of Commissioners to and their removal from Panels;
(ii) rules and procedures for the submission, review, assessment, and decision of Claims, and for the determination of the amount of compensation due in each case;
(iii) standards and requirements for evidence;
(iv) rules for evaluation of damage, loss, or injury;
(v) standards and approaches to compensation;
(vi) procedures for resolving disputed issues;
(vii) the order of priority for the review, assessment, and decision of Claims;
(viii) the rules and procedures required for continuation of the work of the Register within the framework of the Commission; and
(ix) other matters within the competence of the Council;
d) have the authority to adopt or remit the recommendations of Panels for decisions with respect to amounts of compensation due for Claims considered by Panels, as well as with respect to the legal and factual basis of the recommendations, subject to Articles 17 and 18 of this Convention; and
e) perform any other function delegated to it by the Assembly.
3. The Council shall meet regularly in order to consider the recommendations of Panels for decisions with respect to considered Claims and to make any other decisions necessary to perform its functions. The Secretariat may participate in the meetings of the Council in an advisory capacity.
4. The Council shall endeavour to adopt its decisions by consensus. Unless otherwise provided in this Convention, where efforts to achieve consensus have been exhausted, the Council shall adopt decisions by a two-thirds majority of the votes cast, with each member of the Council having one vote. Subject to paragraph 5 below, the presence of a majority of members of the Council is required for any decision-making of the Council.
5. The Council may exercise its decision-making through written procedure and by electronic means as determined in its rules of procedure.
6. Decisions on procedural matters shall be adopted by a majority of the votes cast. If there is a doubt or uncertainty as to whether the matter is procedural, the decision shall be adopted in accordance with paragraph 4 above.
7. The Council shall adopt its own rules of procedure and any other arrangements required for the implementation of its functions. The Council shall elect a Chair and one or two Vice Chairs from among its members for terms of office of one year with the possibility of re-election.
8. The Council shall provide reports to the Assembly twice a year. Such reports shall include the number of Claims considered by the Council and the total amount of compensation awarded in each category, as well as a summary of any other significant factual or legal matters relevant to the work of the Commission.