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Art.16 |
Article 16 Observation, inspection, compliance and enforcement |
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Art.16.1 |
1. The Contracting Parties, through the Commission, shall establish a system of observation, inspection, compliance and enforcement, hereafter 'the System ', to strengthen the effective exercise of flag State responsibility by Contracting Parties for fishing vessels and fishing research vessels flying their flags in the Convention Area. The major purpose of the System is to ensure that Contracting Parties effectively discharge their obligations under this Convention and, where applicable, under the 1995 Agreement, in order to ensure compliance with the conservation and management measures agreed by the Commission. |
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Art.16.2 |
2. In establishing the System, the Commission shall be guided, inter alia, by the following principles: |
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Art.16.2.a |
(a) fostering of cooperation among Contracting Parties to ensure effective implementation of the System; |
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Art.16.2.b |
(b) a System which is impartial and non-discriminatory in nature; |
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Art.16.2.c |
(c) verification of compliance with conservation and management measures agreed by the Commission; and |
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Art.16.2.d |
(d) prompt action on reports of infringements in contravention of measures agreed by the Commission. |
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Art.16.3 |
3. In applying these principles the System shall, inter alia, comprise the following elements: |
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Art.16.3.a |
(a) control measures, including the authorisation of vessels to fish, the marking of vessels and fishing gear, the recording of fishing activities, and the near-to-real time reporting of vessel movements and activities by means such as satellite surveillance; |
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Art.16.3.b |
(b) an inspection programme, both at sea and in port, including procedures for boarding and inspection of vessels, on a reciprocal basis; |
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Art.16.3.c |
(c) an observer programme based on common standards for the conduct of observation, including, inter alia, arrangements for the placing of observers by a Contracting Party on vessels flying the flag of another Contracting Party with the consent of that Party; an appropriate level of coverage for different sizes and types of fishing vessels and fishery research vessels; and measures for reporting by observers of information regarding apparent violations of conservation and management measures, taking into account the need to ensure the safety of observers; and |
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Art.16.3.d |
(d) procedures for the follow-up on infringements detected under the System, including standards of investigation, reporting procedures, notification of proceedings and sanctions, and other enforcement actions. |
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Art.16.4 |
4. The System shall have a multilateral and integrated character. |
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Art.16.5 |
5. In order to strengthen the effective exercise of flag State responsibility by Contracting Parties for fishing vessels and fishery research vessels flying their flags in the Convention Area, the interim arrangements set out in the Annex, which forms an integral part of this Convention, shall apply upon entry into force of this Convention and remain in force until the establishment of the System or until the Commission decides otherwise. |
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Art.16.6 |
6. If, within two years of the entry into force of this Convention, the Commission has not established the System, the Commission shall, at the request of any Contracting Party, give urgent consideration to adoption of boarding and inspection procedures in order to strengthen the effective discharge by Contracting Parties of their obligations under this Convention and where applicable, under the 1995 Agreement. A special meeting of the Commission may be convened for this purpose. |
