Amendments (I and II) to the Convention Instituting the Latin American Organization for the Fisheries Development (OLDEPESCA) of 29 October 1982, Managua, 1984

Done at Managua 2 November 1984

Depositary: Peru

Primary source citation: United Nations Treaty Series

AMENDMENT 1 TO THE LATIN-AMERICAN FISHING DEVELOPMENT ORGANIZATION (OLDEPESCA) AGREEMENT

The member states of the Latin-American Fishing Development Organization, duly represented in its 1st Ministerial Conference,

In view of Articles 11 (c), 14 and 35 of the OLDEPESCA Agreement and Articles 7 and 8 of the Declaration by the Ministers of Fishing of SELA's Action Committee on Seafood and Freshwater Products issued in its 4th Meeting, held in October 1983, and

Considering that it is of interest to the Latin-American and Caribbean countries to incorporate in the OLDEPESCA Agreement those provisions that improve it and contribute to the ratification of or adherence to that Agreement by all those countries;

That, in this regard, it is necessary to specify in the Agreement that the countries which have signed agreements on the preservation, conservation and exploitation of marine and freshwater resources will, in the programs which they sign within the framework of the agreement, honor the commitments assumed in those agreements; and

That it is also necessary to consider, in the Agreement, the principle of consensus on all those substantive aspects of regional cooperation that are in OLDEPESCA's sphere of competence,

Resolve to amend the OLDEPESCA Agreement as follows:

First. To include the following additional paragraph in Article 37 of the OLDEPESCA Agreement:

"The signatory member states that have already entered into agreements for the preservation, conservation and exploitation of marine and freshwater resources will honor the commitments made by virtue of the aforementioned agreements when participating in programs arising from the Incorporation Agreement"; and

Second. To modify Article 14 of the OLDEPESCA Agreement to read as follows:

The Conference shall express its will through Resolutions. Each State has the right to one vote. Resolutions shall be adopted by consensus of attending Member States in those cases stipulated in paragraphs (c), (i) and (m) of Article 11, and by two thirds majority of attending Member States in those cases stipulated in paragraphs (a), (f), (h) and (j) of said Article. In all other cases, Resolutions shall be adopted by a majority not less than half plus one of attending Member States."

IN WITNESS WHEREOF, the members of the Ministerial Conference, duly authorized, sign this amendment in Managua, Nicaragua, on November 2, 1984, with the one original in each of the languages of the Latin-American Economic System (SELA), all of which are equally valid.

AMENDMENT 2 TO THE LATIN-AMERICAN FISHING DEVELOPMENT ORGANIZATION (OLDEPESCA) AGREEMENT

The member states of the Latin-American Fishing Development Organization, duly represented in its 1st Ministerial Conference,

In view of Articles 11 (c), 14 and 35 of OLDEPESCA's Agreement and the Agreement of the 4th Meeting of Ministers of Fishing of SELA's Action Committee on Seafood and Freshwater Products and

Considering that it is necessary to ensure the continuity of the cooperation actions undertaken by SELA's Action Committee on Seafood and Freshwater Products, contributing to OLDEPESCA's operation with broad participation by the countries which had been members of SELA's Action Committee;

That, while adhesions to and ratifications of OLDEPESCA's Agreement occur, it is advisable to allow all the member countries of the Action Committee and other Latin-American and Caribbean countries that are members of SELA to participate in the Organization's activities so as not to interrupt the activities and projects undertaken by the said Committee; and

That it is, therefore, advisable to include a Temporary Provision in OLDEPESCA's Agreement in order to make the fulfilment of the said objective feasible,

Resolve to amend the OLDEPESCA Agreement as follows:

First. To include the following Temporary Provision in the OLDEPESCA Agreement:

"Participation of SELA member countries in OLDEPESCA

"Until they complete their arrangements for ratification of or adhesion to OLDEPESCA's Agreement, all countries that have been members of SELA's Action Committee on Seafood and Freshwater Products may participate in its programs of activities, paying the annual fee to be established once they have concluded all the legal and technical procedures for this purpose. These countries will participate as full members in the meetings of the Ministerial Conference and of the Board of Directors, with the right to vote on the Program of Activities and the Budget, and in the meetings of the Technical Committees, with the right to formulate and implement specific projects and participate in the management of those projects.

"All the other SELA member countries may adhere to the above-mentioned paragraph.

"The present Temporary Provision will be valid for one year after the OLDEPESCA Agreement goes into effect but may be extended by the Ministerial Conference."