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Art.4 |
Article IV. MEMBERSHIP |
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Art.4.1 |
1. Membership in the Commission shall be open to Members and Associate Members of FAO |
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Art.4.1.a |
(a) that are: |
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Art.4.1.a.i |
(i) coastal States or Associate Members situated wholly or partly within the Area; |
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Art.4.1.a.ii |
(ii) States or Associate Members whose vessels engage in fishing in the Area for stocks covered by this Agreement; or |
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Art.4.1.a.iii |
(iii) regional economic integration organizations of which any State referred to in subparagraphs (i), or (ii) above is a member and to which that State has transferred competence over matters within the purview of this Agreement; and |
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Art.4.1.b |
(b) that accept this Agreement in accordance with the provisions of paragraph 1 of Article XVII. |
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Art.4.2 |
2. The Commission may, by a two-thirds majority of its Members, admit to membership any other States that are not Members of FAO, but are Members of the United Nations, or of any of its Specialized Agencies or of the International Atomic Energy Agency, provided that such States: |
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Art.4.2.a |
(a) are |
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Art.4.2.a.i |
(i) coastal States situated wholly or partly within the Area; or |
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Art.4.2.a.ii |
(ii) States whose vessels engage in fishing in the Area for stocks covered by this Agreement; and |
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Art.4.2.b |
(b) have submitted an application for membership and a declaration made in a formal instrument that they accept this Agreement as in force at the time of acceptance in accordance with paragraph 2 of Article XVII. |
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Art.4.3 |
3. With a view to furthering the objectives of this Agreement, the Members of the Commission shall cooperate with each other to encourage any State or regional economic integration organization which is entitled to become, but is not yet, a Member of the Commission, to accede to this Agreement. |
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Art.4.4 |
4. If any Member of the Commission ceases to meet the criteria set out in paragraphs 1 or 2 above for two consecutive calendar years, the Commission may, after consultation with the Member concerned, determine that the Member is deemed to have withdrawn from this Agreement effective as from the date of that determination. |
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Art.4.5 |
5. For the purposes of this Agreement, the term “whose vessels” in relation to a Member Organization means vessels of a Member State of such Member Organization. |
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Art.4.6 |
6. Nothing in this Agreement, nor any act or activity carried out in pursuance of this Agreement, shall be interpreted as changing or in any way affecting the position of any party to this Agreement with respect to the legal status of any area covered by this Agreement. |
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Art.9 |
Article IX. PROCEDURES CONCERNING CONSERVATION AND MANAGEMENT MEASURES |
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Art.9.1 |
1. Subject to paragraph 2, the Commission may, by a two-thirds majority of its Members present and voting, adopt conservation and management measures binding on Members of the Commission in accordance with this Article. |
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Art.9.2 |
2. Conservation and management measures for stocks for which a sub-commission has been established under paragraph 2 of Article XII, shall be adopted upon the proposal of the sub-commission concerned. |
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Art.9.3 |
3. The Secretary shall, without undue delay, notify the Members of the Commission of any conservation and management measures adopted by the Commission. |
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Art.9.4 |
4. Subject to paragraphs 5 and 6, conservation and management measures adopted by the Commission under paragraph 1, shall become binding on Members 120 days from the date specified in the Secretary's notification or on such other date as may be specified by the Commission. |
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Art.9.5 |
5. Any Member of the Commission may, within 120 days from the date specified or within such other period as may be specified by the Commission under paragraph 4, object to a conservation and management measure adopted under paragraph 1. A Member of the Commission which has objected to a measure shall not be bound thereby. Any other Member of the Commission may similarly object within a further period of 60 days from the expiry of the 120-day period. A Member of the Commission may also withdraw its objection at any time and become bound by the measure immediately if the measure is already in effect or at such time as it may come into effect under this article. |
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Art.9.6 |
6. If objections to a measure adopted under paragraph 1 are made by more than one-third of the Members of the Commission, the other Members shall not be bound by that measure; but this shall not preclude any or all of them from giving effect thereto. |
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Art.9.7 |
7. The Secretary shall notify each Member of the Commission immediately upon receipt of each objection or withdrawal of objection. |
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Art.9.8 |
8. The Commission may, by a simple majority of its Members present and voting, adopt recommendations concerning conservation and management of the stocks for furthering the objectives of this Agreement. |
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Art.19 |
Article XIX. RESERVATIONS |
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Art.19.1x |
Acceptance of this Agreement may be made subject to reservations in accordance with the general rules of public international law as reflected in the provisions of Part II, Section 2 of the Vienna Convention on the Law of Treaties of 1969. |
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Art.21 |
Article XXI. WITHDRAWAL |
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Art.21.1 |
1. Any Member of the Commission may withdraw from this Agreement at any time after the expiry of two years from the date upon which the Agreement entered into force with respect to that Member, by giving written notice of such withdrawal to the Director-General who shall immediately inform all the Members of the Commission and the Members and Associate Members of FAO and the Secretary-General of the United Nations of such withdrawal. Withdrawal shall become effective at the end of the calendar year following that in which the notice of withdrawal has been received by the Director-General. |
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Art.21.2 |
2. A Member of the Commission may give notice of withdrawal with respect to one or more of the territories for the international relations of which it is responsible. When a Member gives notice of its own withdrawal from the Commission, it shall state to which territory or territories the withdrawal is to apply. In the absence of such a statement, the withdrawal shall be deemed to apply to all the territories for the international relations of which the Member of the Commission is responsible, with the exception of territories belonging to an Associate Member which is a Member of the Commission in its own right. |
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Art.21.3 |
3. Any Member of the Commission that gives notice of withdrawal from FAO shall be deemed to have simultaneously withdrawn from the Commission, and this withdrawal shall be deemed to apply to all the territories for the international relations of which the Member of the Commission is responsible, with the exception of territories belonging to an Associate Member which is a Member of the Commission in its own right. |
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Art.21.4 |
4. Withdrawal may also take place as provided for under paragraph 4 of Article IV. |
