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Art.5 |
ARTICLE 5 |
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Art.5.1 |
1. The Commission shall, as appropriate, make recommendations concerning fisheries conducted beyond the areas under fisheries jurisdiction of Contracting Parties. Such recommendations shall be adopted by a qualified majority. |
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Art.5.2 |
2. The Commission in the exercise of its functions under paragraph 1 shall seek to ensure consistency between: |
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Art.5.2.a |
(a) any recommendation that applies to a stock or group of stocks occurring both within an area under the fisheries jurisdiction of a Contracting Party and beyond, or any recommendation that would have an effect through species inter-relationships on a stock or group of stocks occurring in whole or in part within an area under the fisheries jurisdiction of a Contracting Party, and |
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Art.5.2.b |
(b) any measures and decisions taken by such Contracting Party for the management and conservation of that stock or group of stocks with respect to fisheries within the area under its fisheries jurisdiction. |
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Art.5.2.cx |
The appropriate Contracting Party and the Commission shall accordingly promote the co-ordination of such recommendations, measures and decisions. |
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Art.5.3 |
3. For the purpose of paragraph 2 each Contracting Party shall keep the Commission informed of its measures and decisions. |
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Art.6 |
ARTICLE 6 |
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Art.6.1 |
1. The Commission may make recommendations concerning fisheries conducted within an area under fisheries jurisdiction of a Contracting Party, provided that the Contracting Party in question so requests and the recommendation receives its affirmative vote. |
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Art.6.2 |
2. The Commission may give advice concerning fisheries referred to in paragraph 1 if the Contracting Party in question so requests. |
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Art.8 |
ARTICLE 8 |
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Art.8.1 |
1. The Commission may by a qualified majority make recommendations concerning measures of control relating to fisheries conducted beyond areas under the fisheries jurisdiction of Contracting Parties for the purpose of ensuring the application of this Convention and any recommendations adopted thereunder. |
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Art.8.2 |
2. The Commission may also make recommendations concerning measures of control relating to fisheries conducted within an area under the fisheries jurisdiction of a Contracting Party, provided that the Contracting Party in question so requests and the recommendation receives its affirmative vote. |
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Art.8.3 |
3. Recommendations adopted under this Article may include provisions for termination different from those provided for in Article 13. |
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Art.9 |
ARTICLE 9 |
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Art.9.1 |
1. The Commission may by a qualified majority make recommendations providing for the collection of statistical information relating to fisheries conducted beyond areas under the fisheries jurisdiction of Contracting Parties. |
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Art.9.2 |
2. The Commission may also make recommendations providing for the collection of statistical information relating to fisheries conducted within an area under the fisheries jurisdiction of a Contracting Party, provided that the recommendation receives the affirmative vote of that Contracting Party. |
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Art.12 |
ARTICLE 12 |
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Art.12.1 |
1. A recommendation shall become binding on the Contracting Parties subject to the provisions of this Article and shall enter into force on a date determined by the Commission, which shall not be before 30 days after the expiration of the period or periods of objection provided for in this Article. |
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Art.12.2.a |
2. (a) Any Contracting Party may, within 50 days of the date of notification of a recommendation adopted under paragraph 1 of Article 5, under paragraph 1 of Article 8 or under paragraph 1 of Article 9, object thereto. In the event of such an objection, any other Contracting Party may similarly object within 40 days after receiving notification of that objection. If any objection is made within this further period of 40 days other Contracting Parties are allowed a final period of 40 days after receiving notification of that objection in which to lodge objections. |
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Art.12.2.b |
(b) A recommendation shall not become binding on a Contracting Party which has objected thereto. |
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Art.12.2.c |
(c) If three or more Contracting Parties have objected to a recommendation it shall not become binding on any Contracting Party. |
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Art.12.2.d |
(d) Except when a recommendation is not binding on any Contracting Party according to the provisions of sub-paragraph (c), a Contracting Party which has objected to a recommendation may at any time withdraw that objection and shall then be bound by the recommendation within 70 days, or as from the date determined by the Commission under paragraph 1, whichever is the later. |
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Art.12.2.e |
(e) If a recommendation is not binding on any Contracting Party, two or more Contracting Parties may nevertheless at any time agree among themselves to give effect thereto, in which event they shall immediately notify the Commission accordingly. |
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Art.12.3 |
3. In the case of a recommendation adopted under paragraph 1 of Article 6, under paragraph 2 of Article 8, or under paragraph 2 of Article 9, only the Contracting Party exercising fisheries jurisdiction in the area in question may, within 60 days of the date of notification of the recommendation, object thereto, in which case the recommendation shall not become binding on any Contracting Party. |
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Art.12.4 |
4. The Commission shall notify the Contracting Parties of any objection and withdrawal immediately upon the receipt thereof, and of the entry into force of any recommendation and of the entry into effect of any agreement made pursuant to sub-paragraph (e) of paragraph 2. |
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Art.13 |
ARTICLE 13 |
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Art.13.1.a |
1. (a) After the expiration of one year from the date of entry into force of a recommendation adopted under paragraph 1 of Article 5, paragraph 1 of Article 8, or paragraph 1 of Article 9, any Contracting Party may notify the Commission of the termination of its acceptance of the recommendation and, if that notification is not withdrawn, the recommendation shall cease to be binding on that Contracting Party at the end of one year from the date of notification. |
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Art.13.1.b |
(b) A recommendation which has ceased to be binding on a Contracting Party shall cease to be binding on any other Contracting Party 30 days after the date on which the latter notifies the Commission of the termination of its acceptance of the recommendation. |
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Art.13.2 |
2. In the case of recommendations adopted under paragraph 1 of Article 6, paragraph 2 of Article 8 or paragraph 2 of Article 9, only the Contracting Party exercising fisheries jurisdiction in the area in question may notify the Commission of termination of its acceptance of the recommendation, in which event it shall cease to be binding on any Contracting Party at the end of 90 days from the date of the notification. |
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Art.13.3 |
3. The Commission shall notify the Contracting Parties of any notification under this Article immediately upon the receipt thereof. |
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Art.18 |
ARTICLE 18 |
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Art.18.1x |
By a qualified majority the Commission may sub-divide the Convention Area into regions and may alter the boundaries and vary the number of regions provided that the decision receives the affirmative vote of each Contracting Party exercising fisheries jurisdiction in any part of the area affected. |
