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Paragraphs in "Agreement On The Conservation Of Cetaceans Of The Black Sea, Mediterranean Sea And Contiguous Atlantic Area" coded as SECF

Label Provision
Art.2 Article II
Art.2.1 1. Parties shall take co-ordinated measures to achieve and maintain a favourable conservation status for cetaceans. To this end, Parties shall prohibit and take all necessary measures to eliminate, where this is not already done, any deliberate taking of cetaceans and shall co-operate to create and maintain a network of specially protected areas to conserve cetaceans.
Art.2.2 2. Any Party may grant an exception to the prohibition set out in the preceding paragraph only in emergency situations as provided for in Annex 2, paragraph 6, or, after having obtained the advice of the Scientific Committee, for the purpose of non-lethal in situ research aimed at maintaining a favourable conservation status for cetaceans. The Party concerned shall immediately inform the Bureau and the Scientific Committee, through the Agreement secretariat, of any such exception that has been granted. The Agreement secretariat shall inform all Parties of the exception without delay by the most appropriate means.
Art.2.3 3. In addition, Parties shall apply, within the limits of their sovereignty and/or jurisdiction and in accordance with their international obligations, the conservation, research and management measures prescribed in Annex 2 to this Agreement, which shall address the following matters:
Art.2.3.a a) adoption and enforcement of national legislation;
Art.2.3.b b) assessment and management of human-cetacean interactions;
Art.2.3.c c) habitat protection;
Art.2.3.d d) research and monitoring;
Art.2.3.e e) capacity building, collection and dissemination of information, training and education; and
Art.2.3.f f) responses to emergency situations.
Art.2.3.gx Measures concerning fisheries activities shall be applied in all waters under their sovereignty and/or jurisdiction and outside these waters in respect of any vessel under their flag or registered within their territory.
Art.2.4 4. In implementing the measures prescribed above, the Parties shall apply the precautionary principle.
Art.3 Article III
Art.3.1 1. The Meeting of the Parties shall be the decision-making body of this Agreement.
Art.3.2 2. The Depositary shall convene, in consultation with the Secretariat of the Convention, a session of the Meeting of the Parties to this Agreement not later than one year after the date of its entry into force. Thereafter, the Agreement secretariat shall convene, in consultation with the Secretariat of the Convention, ordinary sessions of the Meeting of the Parties at intervals of not more than three years, unless the Meeting of the Parties decides otherwise.
Art.3.3 3. The Agreement secretariat shall convene an extraordinary session of the Meeting of the Parties on the written request of at least two thirds of the Parties.
Art.3.4 4. The United Nations, its Specialized Agencies, the International Atomic Energy Agency, any State not a Party to this Agreement, secretariats of other global and regional conventions or agreements concerned inter alia with the conservation of cetaceans, and regional or subregional fisheries management organizations with competence for species found temporarily or permanently resident in the Agreement area may be represented by observers in sessions of the Meeting of the Parties. Any other agency or body technically qualified in the conservation of cetaceans may be represented at sessions of the Meeting of the Parties by observers, unless at least one third of the Parties present object. Once admitted to a session of the Meeting of the Parties, an observer shall continue to be entitled to participate in future sessions unless one third of the Parties object at least thirty days before the start of the session.
Art.3.5 5. Only Parties have the right to vote. Each Party shall have one vote. Regional economic integration organizations which are Parties to this Agreement shall exercise, in matters within their competence, their right to vote with a number of votes equal to the number of their member States which are Parties to the Agreement. A regional economic integration organization shall not exercise its right to vote if its member States exercise theirs and vice versa.
Art.3.6 6. All decisions of the Meeting of the Parties shall be adopted by consensus except as otherwise provided in Article X of this Agreement. However, if consensus cannot be achieved in respect of matters covered by the annexes to the Agreement, a decision may be adopted by a two thirds majority of the Parties present and voting. In the event of a vote, any Party may, within one hundred and fifty days, notify the Depositary in writing of its intention not to apply the said decision.
Art.3.7 7. At its first session, the Meeting of the Parties shall:
Art.3.7.a a) adopt its rules of procedure;
Art.3.7.b b) establish an Agreement secretariat to perform the secretariat functions listed in Article IV of this Agreement;
Art.3.7.c c) designate in each subregion, within an existing institution, a Co-ordination unit to facilitate implementation of the measures prescribed in Annex 2 to this Agreement;
Art.3.7.d d) elect a Bureau as provided for in Article VI;
Art.3.7.e e) establish a Scientific Committee, as provided for in Article VII; and
Art.3.7.f f) decide on the format and content of Party reports on the implementation of the Agreement, as provided for in Article VIII.
Art.3.8 8. At each of its ordinary sessions, the Meeting of the Parties shall:
Art.3.8.a a) review scientific assessments of the conservation status of cetaceans of the Agreement area and the habitats which are important to their survival, as well as the factors which may affect them unfavourably;
Art.3.8.b b) review the progress made and any difficulties encountered in the implementation of this Agreement on the basis of the reports of the Parties and of the Agreement secretariat;
Art.3.8.c c) make recommendations to the Parties as it deems necessary or appropriate and adopt specific actions to improve the effectiveness of this Agreement;
Art.3.8.d d) examine and decide upon any proposals to amend, as may be necessary, this Agreement;
Art.3.8.e e) adopt a budget for the next financial period and decide upon any matters relating to the financial arrangements for this Agreement;
Art.3.8.f f) review the arrangements for the Agreement secretariat, the Co-ordination units and the Scientific Committee;
Art.3.8.g g) adopt a report for communication to the Parties to this Agreement and to the Conference of the Parties of the Convention;
Art.3.8.h h) agree on the provisional time and venue of the next meeting; and
Art.3.8.i i) deal with any other matter relating to implementation of this Agreement.
Art.4 Article IV
Art.4.1 1. Subject to the approval of the Conference of the Parties to the Convention, an Agreement secretariat shall be established within the Secretariat of the Convention. If the Secretariat of the Convention is unable, at any time, to provide this function, the Meeting of the Parties shall make alternative arrangements.
Art.4.2 2. The functions of the Agreement secretariat shall be:
Art.4.2.a a) to arrange and service the sessions of the Meeting of the Parties;
Art.4.2.b b) to liaise with and facilitate co-operation between Parties and non-Party Range States, and international and national bodies whose activities are directly or indirectly relevant to the conservation of cetaceans in the Agreement area;
Art.4.2.c c) to assist the Parties in the implementation of this Agreement, ensuring coherence between the subregions and with measures adopted pursuant to other international instruments in force;
Art.4.2.d d) to execute decisions addressed to it by the Meeting of the Parties;
Art.4.2.e e) to invite the attention of the Meeting of the Parties to any matter pertaining to this Agreement;
Art.4.2.f f) to provide to each ordinary session of the Meeting of the Parties a report on the work of the Agreement secretariat, the Co-ordination units, the Bureau, and the Scientific Committee, and on the implementation of the Agreement based on information provided by the Parties and other sources;
Art.4.2.g g) to administer the budget for this Agreement;
Art.4.2.h h) to provide information to the general public concerning this Agreement and its objectives; and
Art.4.2.i i) to perform any other function entrusted to it under this Agreement or by the Meeting of the Parties.
Art.4.3 3. The Agreement secretariat, in consultation with the Scientific Committee and the Co-ordination units, shall facilitate the preparation of guidelines covering inter alia:
Art.4.3.a a) the reduction or elimination, as far as possible and for the purposes of this Agreement, of adverse human-cetacean interactions;
Art.4.3.b b) habitat protection and natural resource management methods as they relate to cetaceans;
Art.4.3.c c) emergency measures; and
Art.4.3.d d) rescue methods.
Art.6 Article VI
Art.6.1 1. The Meeting of the Parties shall elect a Bureau consisting of the Chairperson and Vice-Chairpersons of the Meeting of the Parties, and shall adopt rules of procedure for the Bureau, as proposed by the Agreement secretariat. The Chairperson of the Scientific Committee shall be invited to participate as an observer in the meetings of the Bureau. Whenever necessary, the Agreement secretariat shall provide secretariat services.
Art.6.2 2. The Bureau shall:
Art.6.2.a a) provide general policy guidance and operational and financial direction to the Agreement secretariat and the Co-ordination units concerning the implementation and promotion of the Agreement;
Art.6.2.b b) carry out, between sessions of the Meeting of the Parties, such interim activities on its behalf as may be necessary or assigned to it by the Meeting of the Parties; and
Art.6.2.c c) represent the Parties vis-à-vis the Government(s) of the host country (or countries) of the Agreement secretariat and the Meeting of the Parties, the Depositary and other international organizations on matters relating to this Agreement and its secretariat.
Art.6.3 3. At the request of its Chairperson, the Bureau shall normally meet once per annum at the invitation of the Agreement secretariat, which shall inform all Parties of the date, venue and agenda of such meetings.
Art.6.4 4. The Bureau shall provide a report on its activities for each session of the Meeting of the Parties which will be circulated to all Parties in advance of the session by the Agreement secretariat.
Art.7 Article VII
Art.7.1 1. A Scientific Committee, comprising persons qualified as experts in cetacean conservation science, shall be established as an advisory body to the Meeting of the Parties. The Meeting of the Parties will entrust the functions of the Scientific Committee to an existing organization in the Agreement area that assures geographically-balanced representation.
Art.7.2 2. Meetings of the Scientific Committee shall be convened by the Agreement secretariat at the request of the Meeting of the Parties.
Art.7.3 3. The Scientific Committee shall:
Art.7.3.a a) provide advice to the Meeting of the Parties on scientific and technical matters having a bearing on the implementation of the Agreement, and to individual Parties between sessions, as appropriate, through the Co-ordination unit of the subregion concerned;
Art.7.3.b b) advise on the guidelines as provided for in Article IV, paragraph 3, assess the reviews prepared in accordance with Annex 2 to this Agreement and formulate recommendations to the Meeting of the Parties relating to their development, contents and implementation;
Art.7.3.c c) conduct scientific assessments of the conservation status of cetacean populations;
Art.7.3.d d) advise on the development and co-ordination of international research and monitoring programmes, and make recommendations to the Meeting of the Parties concerning further research to be carried out;
Art.7.3.e e) facilitate the exchange of scientific information and of conservation techniques;
Art.7.3.f f) prepare for each session of the Meeting of the Parties a report of its activities which shall be submitted to the Agreement secretariat not less than one hundred and twenty days before the session of the Meeting of the Parties and circulated forthwith by the Agreement secretariat to all Parties;
Art.7.3.g g) render timely advice on the exceptions of which it has been informed pursuant to Article II, paragraph 2; and
Art.7.3.h h) carry out, as may be necessary, other tasks referred to it by the Meeting of the Parties.
Art.7.4 4. The Scientific Committee, in consultation with the Bureau and the respective Co-ordination units, may establish working groups as may be necessary to deal with specific tasks. The Meeting of the Parties shall agree a fixed budget allocation for this purpose.
Art.8 Article VIII
Art.8.1x Each Party shall:
Art.8.1x.a a) designate a focal point for this Agreement, and shall communicate without delay the focal point's name, address and telecommunication numbers to the Agreement secretariat, for prompt circulation to the other Parties and to the Co-ordination units; and
Art.8.1x.b b) prepare for each ordinary session of the Meeting of the Parties, beginning with the second session, a report on its implementation of the Agreement with particular reference to the conservation measures and scientific research and monitoring it has undertaken. The format of such reports shall be determined by the first session of the Meeting of the Parties and reviewed as may be necessary at any subsequent session. Each report shall be submitted to the Agreement secretariat not less than one hundred and twenty days before the opening of the session of the Meeting of the Parties for which it has been prepared, and copies shall be circulated forthwith to the other Parties by the Agreement secretariat.
Art.9 Article IX
Art.9.1 1. The scale of contributions to the budget of this Agreement shall be determined by the Meeting of the Parties at its first session. No regional economic integration organization shall be required to contribute more than 2.5 per cent of the administrative costs.
Art.9.2 2. Decisions relating to the budget and any changes to the scale of contributions that may be found necessary shall be adopted by the Meeting of the Parties by consensus.
Art.9.3 3. The Meeting of the Parties may establish a supplementary conservation fund from voluntary contributions of Parties or from any other source in order to increase the funds available for monitoring, research, training and projects relating to the conservation of cetaceans.
Art.9.4 4. Parties are also encouraged to provide technical and financial support on a bilateral or multilateral basis to assist Range States which are developing countries or countries with economies in transition to implement the provisions of this Agreement.
Art.9.5 5. The Agreement secretariat shall undertake periodically a review of potential mechanisms for providing additional resources, including funds and technical assistance, for the implementation of this Agreement, and shall report its findings to the Meeting of the Parties.
Art.10 Article X
Art.10.1 1. This Agreement may be amended at any ordinary or extraordinary session of the Meeting of the Parties.
Art.10.2 2. Proposals for amendments to the Agreement may be made by any Party. The text of any proposed amendment and the reasons for it shall be communicated to the Agreement secretariat not less than one hundred and fifty days before the opening of the session. The Agreement secretariat shall transmit copies forthwith to the Parties. Any comments on the text by the Parties shall be communicated to the Agreement secretariat not less than sixty days before the opening of the session. The Secretariat shall communicate to the Parties, as soon as possible after the last day for submission of comments, all comments submitted by that day.
Art.10.3 3. Any additional annex or any amendment to the Agreement other than an amendment to its annexes shall be adopted by a two thirds majority of the Parties present and voting and shall enter into force for those Parties which have accepted it on the thirtieth day after the date on which two thirds of the Parties to the Agreement at the date of the adoption of the additional annex or amendment have deposited their instruments of acceptance with the Depositary. For any Party that deposits an instrument of acceptance after the date on which two thirds of the Parties have deposited their instruments of acceptance, the additional annex or amendment shall enter into force on the thirtieth day after the date on which it deposits its instrument of acceptance.
Art.10.4 4. Any amendment to an annex to the Agreement shall be adopted by a two thirds majority of the Parties present and voting and shall enter into force for all Parties on the one hundred and fiftieth day after the date of its adoption by the Meeting of the Parties, except for Parties that have entered a reservation in accordance with paragraph 5 of this Article.
Art.10.5 5. During the period of one hundred and fifty days provided for in paragraph 4 of this Article, any Party may by written notification to the Depositary enter a reservation with respect to an amendment to an annex to the Agreement. Such reservation may be withdrawn by written notification to the Depositary, and thereupon the amendment shall enter into force for that Party on the thirtieth day after the date of withdrawal of the reservation.