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Paragraphs in "International Convention For The Conservation Of Atlantic Tunas" coded as HOBF

Label Provision
Art.3 Article III
Art.3.1 1. The Contracting Parties hereby agree to establish and maintain a Commission to be known as the International Commission for the Conservation of Atlantic Tunas, hereinafter referred to as "the Commission", which shall carry out the objectives set forth in this Convention.
Art.3.2 2. Each of the Contracting Parties shall be represented on the Commission by not more than three Delegates. Such Delegates may be assisted by experts and advisors.
Art.3.3 3. Except as may otherwise be provided in this Convention, decisions of the Commission shall be taken by a majority of the Contracting Parties, each Contracting Party having one vote. Two-thirds of the Contracting Parties shall constitute a quorum.
Art.3.4 4. The Commission shall hold a regular meeting once every two years. A special meeting may be called at any time at the request of a majority of the Contracting Parties or by decision of the Council as constituted in Article V.
Art.3.5 5. At its first meeting, and thereafter at each regular meeting, the Commission shall elect from among its Members a Chairman, a first Vice-Chairman and a second Vice-Chairman who shall not be re-elected for more than one term.
Art.3.6 6. The meetings of the Commission and its subsidiary bodies shall be public unless the Commission otherwise decides.
Art.3.7 7. The official languages of the Commission shall be English, French and Spanish.
Art.3.8 8. The Commission shall have authority to adopt such rules of procedure and financial regulations as are necessary to carry out its functions.
Art.3.9 9. The Commission shall submit a report to the Contracting Parties every two years on its work and findings and shall also inform any Contracting Party, whenever requested, on any matter relating to the objectives of the Convention.
Art.4 Article IV
Art.4.1 1. In order to carry out the objectives of this Convention the Commission shall be responsible for the study of the populations of tuna and tuna-like fishes (the Scombriformes with the exception of the families Trichiuridae and Gempylidae and the genus Scomber) and such other species of fishes exploited in tuna fishing in the Convention area as are not under investigation by another international fishery organization. Such study shall include research on the abundance, biometry and ecology of the fishes; the oceanography of their environment; and the effects of natural and human factors upon their abundance. The Commission, in carrying out these responsibilities shall, insofar as feasible, utilise the technical and scientific services of, and information from, official agencies of the Contracting Parties and their political subdivisions and may, when desirable, utilize the available services and information of any public or private institution, organization or individual, and may undertake within the limits of its budget independent research to supplement the research work being done by governments, national institutions or other international organizations.
Art.4.2 2. The carrying out of the provisions in paragraph 1 of this Article shall include:
Art.4.2.a a) collecting and analysing statistical information relating to the current conditions and trends of the tuna fishery resources of the Convention area;
Art.4.2.b b) studying and appraising information concerning measures and methods to ensure maintenance of the populations of tuna and tuna-like fishes in the Convention area at levels which will permit the maximum sustainable catch and which will ensure the effective exploitation of these fishes in a manner consistent with this catch;
Art.4.2.c c) recommending studies and investigations to the Contracting Parties;
Art.4.2.d d) publishing and otherwise disseminating reports of its findings and statistical, biological and other scientific information relative to the tuna fisheries of the Convention area.
Art.5 Article V
Art.5.1 1. There is established within the Commission a Council which shall consist of the Chairman and the Vice-Chairman of the Commission together with the representatives of not less than four and not more than eight Contracting Parties. The Contracting Parties represented on the Council shall be elected at each regular meeting of the Commission. However, if at any time the number of the Contracting Parties exceeds forty, the Commission may elect an additional two Contracting Parties to be represented on the Council. The Contracting Parties of which the Chairman and Vice-Chairman are nationals shall not be elected to the Council. In elections to the Council the Commission shall give due consideration to the geographic, tuna fishing and tuna processing interests of the Contracting Parties, as well as to the equal right of the Contracting Parties to be represented on the Council.
Art.5.2 2. The Council shall perform such functions as are assigned to it by this Convention or are designated by the Commission, and shall meet at least once in the interim between regular meetings of the Commission. Between meetings of the Commission the Council shall make necessary decisions on the duties to be carried out by the staff and shall issue necessary instructions to the Executive Secretary. Decisions of the Council shall be made in accordance with rules to be established by the Commission.
Art.6 Article VI
Art.6.1x To carry out the objectives of this Convention the Commission may establish Panels on the basis of species, group of species, or of geographic areas. Each Panel in such case:
Art.6.1x.a a) shall be responsible for keeping under review the species, group of species, or geographic area under its purview, and for collecting scientific and other information relating thereto;
Art.6.1x.b b) may propose to the Commission, upon the basis of scientific investigations, recommendations for joint action by the Contracting Parties;
Art.6.1x.c c) may recommend to the Commission studies and investigations necessary for obtaining information relating to its species, group of species or geographic area, as well as the co-ordination of programmes of investigation by the Contracting Parties.
Art.7 Article VII
Art.7.1x The Commission shall appoint an Executive Secretary who shall serve at the pleasure of the Commission. The Executive Secretary, subject to such rules and procedures as may be determined by the Commission, shall have authority with respect to the selection and administration of the staff of the Commission. He shall also perform, inter alia, the following functions as the Commission may prescribe:
Art.7.1x.a a) co-ordinating the programmes of investigation by the Contracting Parties;
Art.7.1x.b b) preparing budget estimates for review by the Commission;
Art.7.1x.c c) authorising the disbursement of funds in accordance with the Commission's budget;
Art.7.1x.d d) accounting for the funds of the Commission;
Art.7.1x.e e) arranging for co-operation with the organizations referred to in Article XI of this Convention;
Art.7.1x.f f) preparing the collection and analysis of data necessary to accomplish the purposes of the Convention particularly those data relating to the current and maximum sustainable catch of tuna stocks;
Art.7.1x.g g) preparing for approval by the Commission scientific, administrative and other reports of the Commission and its subsidiary bodies.
Art.8 Article VIII
Art.8.1.a 1. a) The Commission may, on the basis of scientific evidence, make recommendations designed to maintain the populations of tuna and tuna-like fishes that may be taken in the Convention area at levels which will permit the maximum sustainable catch. These recommendations shall be applicable to the Contracting Parties under the conditions laid down in paragraphs 2 and 3 of this Article.
Art.8.1.b b) The recommendations referred to above shall be made:
Art.8.1.b.i (i) at the initiative of the Commission if an appropriate Panel has not been established or with the approval of at least two-thirds of all the Contracting Parties if an appropriate Panel has been established;
Art.8.1.b.ii (ii) on the proposal of an appropriate Panel if such a Panel has been established;
Art.8.1.b.iii (iii) on the proposal of the appropriate Panels if the recommendation in question relates to more than one geographic area, species or group of species.
Art.8.2 2. Each recommendation made under paragraph 1 of this Article shall become effective for all Contracting Parties six months after the date of the notification from the Commission transmitting the recommendation to the Contracting Parties, except as provided in paragraph 3 of this Article.
Art.8.3.a 3. a) If any Contracting Party in the case of a recommendation made under paragraph 1 (b) (i) above, or any Contracting Party member of a Panel concerned in the case of a recommendation made under paragraph 1 (b) (ii) or (iii) above, presents to the Commission an objection to such recommendation within the six months period provided for in paragraph 2 above, the recommendation shall not become effective for an additional sixty days.
Art.8.3.b b) Thereupon any other Contracting Party may present an objection prior to the expiration of the additional sixty days period, or within forty-five days of the date of the notification of an objection made by another Contracting Party within such additional sixty days, whichever date shall be the later.
Art.8.3.c c) The recommendation shall become effective at the end of the extended period or periods for objection, except for those Contracting Parties that have presented an objection.
Art.8.3.d d) However, if a recommendation has met with an objection presented by only one or less than one-fourth of the Contracting Parties, in accordance with subparagraphs (a) and (b) above, the Commission shall immediately notify the Contracting Party or Parties having presented such objection that it is to be considered as having no effect.
Art.8.3.e e) In the case referred to in subparagraph (d) above the Contracting Party or Parties concerned shall have an additional period of sixty days from the date of said notification in which to reaffirm their objection. On the expiry of this period the recommendation shall become effective, except with respect to any Contracting Party having presented an objection and reaffirmed it within the delay provided for.
Art.8.3.f f) If a recommendation has met with objection from more than one-fourth but less than the majority of the Contracting Parties, in accordance with subparagraphs (a) and (b) above, the recommendation shall become effective for the Contracting Parties that have not presented an objection thereto.
Art.8.3.g g) If objections have been presented by a majority of the Contracting Parties the recommendation shall not become effective.
Art.8.4 4. Any Contracting Party objecting to a recommendation may at any time withdraw that objection, and the recommendation shall become effective with respect to such Contracting Party immediately if the recommendation is already in effect, or at such time as it may become effective under the terms of this Article.
Art.8.5 5. The Commission shall notify each Contracting Party immediately upon receipt of each objection and of each withdrawal of an objection, and of the entry into force of any recommendation.
Art.10 Article X
Art.10.1 1. The Commission shall adopt a budget for the joint expenses of the Commission for the biennium following each regular meeting.
Art.10.2 2. Each Contracting Party shall contribute annually to the budget of the Commission an amount equal to:
Art.10.2.a a) U.S. $ 1,000 (one thousand United States dollars) for Commission membership.
Art.10.2.b b) U.S. $ 1,000 (one thousand United States dollars) for each Panel membership.
Art.10.2.c c) If the proposed budget for joint expenses for any biennium should exceed the whole amount of contributions to be made by the Contracting Parties under (a) and (b) of this paragraph, one-third of the amount of such excess shall be contributed by the Contracting Parties in proportion to their contributions made under (a) and (b) of this paragraph. For the remaining two-thirds the Commission shall determine on the basis of the latest available information:
Art.10.2.c.i (i) the total of the round weight of catch of Atlantic tuna and tuna-like fishes and the net weight of canned products of such fishes for each Contracting Party;
Art.10.2.c.ii (ii) the total of (i) for all Contracting Parties. Each Contracting Party shall contribute its share of the remaining two-thirds in the same ratio that its total in (i) bears to the total in (ii). That part of the budget referred to in this sub-paragraph shall be set by agreement of all the Contracting Parties present and voting.
Art.10.3 3. The Council shall review the second half of the biennial budget at its regular meeting between Commission meetings and, on the basis of current and anticipated developments, may authorize reapportionment of amounts in the Commission budget for the second year within the total budget approved by the Commission.
Art.10.4 4. The Executive Secretary of the Commission shall notify each Contracting Party of its yearly assessment. The contributions shall be payable on January first of the year for which the assessment was levied. Contributions not received before January first of the succeeding year shall be considered as in arrears.
Art.10.5 5. Contributions to the biennial budget shall be payable in such currencies as the Commission may decide.
Art.10.6 6. At its first meeting the Commission shall approve a budget for the balance of the first year the Commission functions and for the following biennium. It shall immediately transmit to the Contracting Parties copies of these budgets together with notices of the respective assessments for the first annual contribution.
Art.10.7 7. Thereafter, within a period not less than sixty days before the regular meeting of the Commission which precedes the biennium, the Executive Secretary shall submit to each Contracting Party a draft biennial budget together with a schedule of proposed assessments.
Art.10.8 8. The Commission may suspend the voting rights of any Contracting Party when its arrears of contributions equal or exceed the amount due from it for the two preceding years.
Art.10.9 9. The Commission shall establish a Working Capital Fund to finance operations of the Commission prior to receiving annual contributions, and for such other purposes as the Commission may determine. The Commission shall determine the level of the Fund, assess advances necessary for its establishment, and adopt regulations governing the use of the Fund.
Art.10.10 10. The Commission shall arrange an annual independent audit of the Commission's accounts. The reports of such audits shall be reviewed and approved by the Commission, or by the Council in years when there is no regular Commission meeting.
Art.10.11 11. The Commission may accept contributions, other than provided for in paragraph 2 of this Article, for the prosecution of its work.
Art.11 Article XI
Art.11.1 1. The Contracting Parties agree that there should be a working relationship between the Commission and the Food and Agriculture Organization of the United Nations. To this end the Commission shall enter into negotiations with the Food and Agriculture Organization of the United Nations with a view to concluding an agreement pursuant to Article XIII of the Organization's Constitution. Such agreement should provide, inter alia, for the Director-General of the Food and Agriculture Organization of the United Nations to appoint a Representative who would participate in all meetings of the Commission and its subsidiary bodies, but without the right to vote.
Art.11.2 2. The Contracting Parties agree that there should be co-operation between the Commission and other international fisheries commissions and scientific organizations which might contribute to the work of the Commission. The Commission may enter into agreements with such commissions and organizations.
Art.11.3 3. The Commissions may invite any appropriate international organization and any Government which is a Member of the United Nations or of any Specialized Agency of the United Nations and which is not a member of the Commission, to send observers to meetings of the Commission and its subsidiary bodies.