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Art.6 |
Article 6 The Commission |
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Art.6.1 |
1. Each Contracting Party shall be a member of the Commission. |
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Art.6.2 |
2. Each member shall appoint one representative to the Commission who may be accompanied by alternate representatives and advisers. |
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Art.6.3 |
3. The functions of the Commission shall be to: |
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Art.6.3.a |
(a) identify conservation and management needs; |
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Art.6.3.b |
(b) formulate and adopt conservation and management measures; |
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Art.6.3.c |
(c) determine total allowable catches and/or levels of fishing effort, taking into account total fishing mortality, including of non-target species; |
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Art.6.3.d |
(d) determine the nature and extent of participation in fishing; |
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Art.6.3.e |
(e) keep under review the status of stocks and gather, analyse and disseminate relevant information on stocks; |
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Art.6.3.f |
(f) encourage, promote and, where appropriate by agreement, coordinate scientific research on fishery resources within the Convention Area and in adjacent waters under national jurisdiction; |
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Art.6.3.g |
(g) manage stocks on the basis of the precautionary approach to be developed in accordance with Article 7; |
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Art.6.3.h |
(h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement; |
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Art.6.3.i |
(i) adopt measures concerning control and enforcement within the Convention Area; |
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Art.6.3.j |
(j) develop measures for the conduct of fishing for scientific research purposes; |
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Art.6.3.k |
(k) develop rules for the collection, submission, verification of, access to and use of data; |
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Art.6.3.l |
(l) compile and disseminate accurate and complete statistical data to ensure that the best scientific advice is available, while maintaining confidentiality, where appropriate; |
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Art.6.3.m |
(m) direct the Compliance and Scientific Committees, other subsidiary bodies, and the Secretariat; |
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Art.6.3.n |
(n) approve the budget of the Organisation; and |
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Art.6.3.o |
(o) carry out such other activities as may be necessary to fulfil its functions. |
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Art.6.4 |
4. The Commission shall adopt its rules of procedure. |
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Art.6.5 |
5. The Commission shall adopt measures, in accordance with international law, to promote compliance by vessels flying the flag of non-parties to this Convention with measures agreed by the Commission. |
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Art.6.6 |
6. The Commission shall take full account of the recommendations and advice from the Scientific and Compliance Committees in formulating its decisions. The Commission shall, in particular, take full account of the biological unity and other biological characteristics of the stocks. |
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Art.6.7 |
7. The Commission shall publish its conservation and management and control measures which are in force, and, as far as practicable, shall maintain records of other conservation and management measures in force in the Convention Area. |
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Art.6.8 |
8. The measures referred to in paragraph 3 may include the following: |
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Art.6.8.a |
(a) the quantity of any species which may be caught; |
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Art.6.8.b |
(b) the areas and periods in which fishing may occur; |
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Art.6.8.c |
(c) the size and sex of any species which may be taken; |
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Art.6.8.d |
(d) the fishing gear and technology which may be used; |
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Art.6.8.e |
(e) the level of fishing effort, including vessel numbers, types and sizes, which may be used; |
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Art.6.8.f |
(f) the designation of regions and sub-regions; |
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Art.6.8.g |
(g) other measures regulating fisheries with the objective of protecting any species; and |
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Art.6.8.h |
(h) other measures the Commission considers necessary to meet the objective of this Convention. |
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Art.6.9 |
9. Conservation and management and control measures adopted by the Commission in accordance with this Convention shall become effective in accordance with Article 23. |
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Art.6.10 |
10. Taking account of Articles 116-119 of the 1982 Convention, the Commission may draw the attention of any State or fishing entity which is a non-party to this Convention to any activity which in the opinion of the Commission affects implementation of the objective of this Convention. |
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Art.6.11 |
11. The Commission shall draw the attention of all Contracting Parties to any activity which in the opinion of the Commission undermines: |
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Art.6.11.a |
(a) the implementation by a Contracting Party of the objective of this Convention, or the compliance of that Contracting Party with its obligations under this Convention; or |
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Art.6.11.b |
(b) the compliance of that Contracting Party with its obligations under this Convention. |
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Art.6.12 |
12. The Commission shall take account of measures established by other organisations which affect living marine resources in the Convention Area, and, without prejudice to the objective of this Convention, shall seek to ensure consistency with such measures. |
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Art.6.13 |
13. If the Commission determines that a Contracting Party has ceased to participate in the work of the Organisation, the Commission shall consult with the Contracting Party concerned and may take a decision to address the matter, as it deems appropriate. |
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Art.23 |
Article 23 Implementation |
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Art.23.1 |
1. Conservation and management and control measures adopted by the Commission shall become binding on the Contracting Parties in the following manner: |
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Art.23.1.a |
(a) the Executive Secretary shall notify promptly in writing all Contracting Parties of such a measure following its adoption by the Commission; |
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Art.23.1.b |
(b) the measure shall become binding upon all Contracting Parties 60 days after notification by the Secretariat of the measure's adoption by the Commission, pursuant to subparagraph (a), unless otherwise specified in the measure; |
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Art.23.1.c |
(c) if a Contracting Party, within 60 days following the notification specified in subparagraph (a), notifies the Commission that it is unable to accept a measure, that measure shall not, to the extent stated, be binding upon that Contracting Party; however, the measure shall remain binding on all other Contracting Parties unless the Commission decides otherwise; |
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Art.23.1.d |
(d) any Contracting Party which makes a notification under subparagraph (c) shall at the same time provide a written explanation of its reasons for making the notification and, where appropriate, its proposals for alternative measures which the Contracting Party is going to implement. The explanation shall specify inter alia whether the basis for the notification is that: |
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Art.23.1.d.i |
(i) the Contracting Party considers that the measure is inconsistent with the provisions of this Convention; |
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Art.23.1.d.ii |
(ii) the Contracting Party cannot practicably comply with the measure; |
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Art.23.1.d.iii |
(iii) the measure unjustifiably discriminates in form or in fact against the Contracting Party; or |
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Art.23.1.d.iv |
(iv) other special circumstances apply; |
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Art.23.1.e |
(e) the Executive Secretary shall promptly circulate to all Contracting Parties details of any notification and explanation received in accordance with subparagraphs (c) and (d); |
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Art.23.1.f |
(f) in the event that any Contracting Party invokes the procedure set out in subparagraphs (c) and (d), the Commission shall meet at the request of any other Contracting Party to review the measure. At the time of such a meeting and within 30 days following the meeting, any Contracting Party shall have the right to notify the Commission that it is no longer able to accept the measure, in which case that Contracting Party shall no longer be bound by the measure; and |
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Art.23.1.g |
(g) pending the conclusions of a review meeting called in accordance with subparagraph (f), any Contracting Party may request an ad hoc expert panel established in accordance with Article 24 to make recommendations on any interim measures following the invocation of the procedures pursuant to subparagraphs (c) and (d) which may be necessary in respect of the measure to be reviewed. Subject to paragraph 3, such interim measures shall be binding on all Contracting Parties if all Contracting Parties (other than those who have indicated that they are unable to accept the measure, pursuant to subparagraphs (c) and (d)) agree that the long term sustainability of the stocks covered by this Convention will be undermined in the absence of such measures. |
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Art.23.2 |
2. Any Contracting Party which invokes the procedure set out in paragraph 1 may at any time withdraw its notification of non-acceptance and become bound by the measure immediately if it is already in effect or at such time as it may come into effect under this article. |
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Art.23.3 |
3. This article is without prejudice to the right of any Contracting Party to invoke the dispute settlement procedures set out in Article 24 in respect of a dispute concerning the interpretation or application of this Convention, in the event that all other methods to settle the dispute, including the procedures set out in this article, have been exhausted. |
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Art.24 |
Article 24 Dispute settlement |
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Art.24.1 |
1. The Contracting Parties shall cooperate in order to prevent disputes. |
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Art.24.2 |
2. If any dispute arises between two or more Contracting Parties concerning the interpretation or implementation of this Convention, those Contracting Parties shall consult among themselves with a view to resolving the dispute, or to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice. |
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Art.24.3 |
3. In cases where a dispute between two or more Contracting Parties is of a technical nature, and the Contracting Parties are unable to resolve the dispute among themselves, they may refer the dispute to an ad hoc expert panel established in accordance with procedures adopted by the Commission at its first meeting. The panel shall confer with the Contracting Parties concerned and shall endeavour to resolve the dispute expeditiously without recourse to binding procedures for the settlement of disputes. |
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Art.24.4 |
4. Where a dispute is not referred for settlement within a reasonable time of the consultations referred to in paragraph 2, or where a dispute is not resolved by recourse to other means referred to in this article within a reasonable time, such dispute shall, at the request of any party to the dispute, be submitted for binding decision in accordance with procedures for the settlement of disputes provided in Part XV of the 1982 Convention or, where the dispute concerns one or more straddling stocks, by provisions set out in Part VIII of the 1995 Agreement. The relevant part of the 1982 Convention and the 1995 Agreement shall apply whether or not the parties to the dispute are also Parties to these instruments. |
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Art.24.5 |
5. A court, tribunal or panel to which any dispute has been submitted under this article shall apply the relevant provisions of this Convention, of the 1982 Convention, of the 1995 Agreement, as well as generally accepted standards for the conservation and management of living marine resources and other rules of international law, compatible with the 1982 Convention and the 1995 Agreement, with a view to ensuring the conservation of the fish stocks concerned. |
