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Paragraphs in "Convention On Future Multilateral Cooperation In The Northwest Atlantic Fisheries" coded as SBF

Label Provision
Art.3 Article III
Art.3.1x The functions of the General Council shall be:
Art.3.1x.a (a) to supervise and coordinate the organizational, administrative, financial and other internal affairs of the Organization, including the relations among its constituent bodies;
Art.3.1x.b (b) to coordinate the external relations of the Organization;
Art.3.1x.c (c) to review and determine the membership of the Fisheries Commission pursuant to Article XIII; and
Art.3.1x.d (d) to exercise such other authority as is conferred upon it by this Convention.
Art.4 Article IV
Art.4.1 1. Each Contracting Party shall be a member of the General Council and shall appoint to the Council not more than three representatives who may be accompanied at any of its meetings by alternates, experts and advisers.
Art.4.2 2. The General Council shall elect a Chairman and a Vice-Chairman, each of whom shall serve for a term of two years and shall be eligible for re-election but shall not serve for more than four years in succession. The Chairman shall be a representative of a Contracting Party that is a member of the Fisheries Commission and the Chairman and Vice-Chairman shall be representatives of different Contracting Parties.
Art.4.3 3. The Chairman shall be the President of the Organization and shall be its principal representative.
Art.4.4 4. The Chairman of the General Council shall convene a regular annual meeting of the Organization at a place decided upon by the General Council and which shall normally be in North America.
Art.4.5 5. Any meeting of the General Council, other than the annual meeting, may be called by the Chairman at such time and place as the Chairman may determine, upon the request of a Contracting Party with the concurrence of another Contracting Party.
Art.4.6 6. The General Council may establish such Committees and Subcommittees as it considers desirable for the exercise of its duties and functions.
Art.5 Article V
Art.5.1 1. Each Contracting Party shall have one vote in proceedings of the General Council.
Art.5.2 2. Except where otherwise provided, decisions of the General Council shall be taken by a majority of the votes of all Contracting Parties present and casting affirmative or negative votes, provided that no vote shall be taken unless there is a quorum of at least two-thirds of the Contracting Parties.
Art.5.3 3. The General Council shall adopt, and amend as occasion may require, rules for the conduct of its meetings and for the exercise of its functions.
Art.5.4 4. The General Council shall submit to the Contracting Parties an annual report of the activities of the Organization.
Art.6 Article VI
Art.6.1 1. The functions of the Scientific Council shall be:
Art.6.1.a (a) to provide a forum for consultation and cooperation among the Contracting Parties with respect to the study, appraisal and exchange of scientific information and views relating to the fisheries of the Convention Area, including environmental and ecological factors affecting these fisheries, and to encourage and promote cooperation among the Contracting Parties in scientific research designed to fill gaps in knowledge pertaining to these matters;
Art.6.1.b (b) to compile and maintain statistics and records and to publish or disseminate reports, information and materials pertaining to the fisheries of the Convention Area, including environmental and ecological factors affecting these fisheries;
Art.6.1.c (c) to provide scientific advice to coastal States, where requested to do so pursuant to Article VII; and
Art.6.1.d (d) to provide scientific advice to the Fisheries Commission, pursuant to Article VIII or on its own initiative as required for the purposes of the Commission.
Art.6.2 2. The functions of the Scientific Council may, where appropriate, be carried out in cooperation with other public or private organizations having related objectives.
Art.6.3 3. The Contracting Parties shall furnish to the Scientific Council any available statistical and scientific information requested by the Council for the purpose of this Article.
Art.7 Article VII
Art.7.1 1. The Scientific Council shall, at the request of a coastal State, consider and report on any question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the fisheries jurisdiction of that coastal State within the Convention Area.
Art.7.2 2. The coastal State shall, in consultation with the Scientific Council, specify terms of reference for the consideration of any question referred to the Council pursuant to paragraph 1. These terms of reference shall include, along with any other matters deemed appropriate, such of the following as are applicable:
Art.7.2.a (a) a statement of the question referred, including a description of the fisheries and area to be considered;
Art.7.2.b (b) where scientific estimates or predictions are sought, a description of any relevant factors or assumptions to be taken into account; and
Art.7.2.c (c) where applicable, a description of any objectives the coastal State is seeking to attain and an indication of whether specific advice or a range of options should be provided.
Art.8 Article VIII
Art.8.1x The Scientific Council shall consider and report on any question referred to it by the Fisheries Commission pertaining to the scientific basis for the management and conservation of fishery resources within the Regulatory Area and shall take into account the terms of reference specified by the Fisheries Commission in respect of that question.
Art.9 Article IX
Art.9.1 1. Each Contracting Party shall be a member of the Scientific Council and shall appoint to the Council its own representatives who may be accompanied at any of its meetings by alternates, experts and advisers.
Art.9.2 2. The Scientific Council shall elect a Chairman and a Vice-Chairman, each of whom shall serve for a term of two years and shall be eligible for re-election but shall not serve for more than four years in succession. The Chairman and Vice-Chairman shall be representatives of different Contracting Parties.
Art.9.3 3. Any meeting of the Scientific Council, other than the annual meeting convened pursuant to Article IV, may be called by the Chairman at such time and place as the Chairman may determine, upon the request of a coastal State or upon the request of a Contracting Party with the concurrence of another Contracting Party.
Art.9.4 4. The Scientific Council may establish such Committees and Subcommittees as it considers desirable for the exercise of its duties and functions.
Art.10 Article X
Art.10.1 1. Scientific advice to be provided by the Scientific Council pursuant to this Convention shall be determined by consensus. Where consensus cannot be achieved, the Council shall set out in its report all views advanced on the matter under consideration.
Art.10.2 2. Decisions of the Scientific Council with respect to the election of officers, the adoption and the amendment of rules and other matters pertaining to the organization of its work shall be taken by a majority of votes of all Contracting Parties present and casting affirmative or negative votes, and for these purposes each Contracting Party shall have one vote. No vote shall be taken unless there is a quorum of at least two-thirds of the Contracting Parties.
Art.10.3 3. The Scientific Council shall adopt, and amend as occasion may require, rules for the conduct of its meetings and for the exercise of its functions.
Art.11 Article XI
Art.11.1 1. The Fisheries Commission, hereinafter referred to as "the Commission", shall be responsible for the management and conservation of the fishery resources of the Regulatory Area in accordance with the provisions of this Article.
Art.11.2 2. The Commission may adopt proposals for joint action by the Contracting Parties designed to achieve the optimum utilization of the fishery resources of the Regulatory Area. In considering such proposals, the Commission shall take into account any relevant information or advice provided to it by the Scientific Council.
Art.11.3 3. In the exercise of its functions under paragraph 2, the Commission shall seek to ensure consistency between:
Art.11.3.a (a) any proposal that applies to a stock or group of stocks occurring both within the Regulatory Area and within an area under the fisheries jurisdiction of a coastal State, or any proposal that would have an effect through species interrelationships on a stock or group of stocks occurring in whole or in part within an area under the fisheries jurisdiction of a coastal State; and
Art.11.3.b (b) any measures or decisions taken by the coastal State for the management and conservation of that stock or group of stocks with respect to fishing activities conducted within the area under its fisheries jurisdiction. The appropriate coastal State and the Commission shall accordingly promote the coordination of such proposals, measures and decisions. Each coastal State shall keep the Commission informed of its measures and decisions for the purpose of this Article.
Art.11.4 4. Proposals adopted by the Commission for the allocation of catches in the Regulatory Area shall take into account the interests of Commission members whose vessels have traditionally fished within that Area, and, in the allocation of catches from the Grand Banks and Flemish Cap, Commission members shall give special consideration to the Contracting Party whose coastal communities are primarily dependent on fishing for stocks related to these fishing banks and which has undertaken extensive efforts to ensure the conservation of such stocks through international action, in particular, by providing surveillance and inspection of international fisheries on these banks under an international scheme of joint enforcement.
Art.11.5 5. The Commission may also adopt proposals for international measures of control and enforcement within the Regulatory Area for the purpose of ensuring within that Area the application of this Convention and the measures in force thereunder.
Art.11.6 6. Each proposal adopted by the Commission shall be transmitted by the Executive Secretary to all Contracting Parties, specifying he date of transmittal for the purposes of paragraph 1 of Article XII.
Art.11.7 7. Subject to the provisions of Article XII, each proposal adopted by the Commission under this Article shall become a measure binding on all Contracting Parties to enter into force on a date determined by the Commission.
Art.11.8 8. The Commission may refer to the Scientific Council any question pertaining to the scientific basis for the management and conservation of fishery resources within the Regulatory Area and shall specify terms of reference for the consideration of that question.
Art.11.9 9. The Commission may invite the attention of any or all Commission members to any matters which relate to the objectives and purposes of this Convention within the Regulatory Area.
Art.12 Article XII
Art.12.1 1. If any Commission member presents to the Executive Secretary an objection to a proposal within sixty days of the date of transmittal specified in the notification of the proposal by the Executive Secretary, the proposal shall not become a binding measure until the expiration of forty days following the date of transmittal specified in the notification of that object to the Contracting Parties. Thereupon any other Commission member may similarly object prior to the expiration of the additional forty-day period, or within thirty days after the date of transmittal specified in the notification to the Contracting Parties of any objection presented within that additional forty-day period, whichever shall be the later. The proposal shall then become a measure binding on all Contracting Parties, except those which have presented objections, at the end of the extended period or periods for objecting. If, however, at the end of such extended period or periods, objections have been presented and maintained by a majority of Commission members, the proposal shall not become a binding measure, unless any or all of the Commission members nevertheless agree as among themselves to be bound by it on an agreed date.
Art.12.2 2. Any Commission member which has objected to a proposal may at any time withdraw that objection and the proposal immediately shall become a measure binding on such a member, subject to the objection procedure provided for in this Article.
Art.12.3 3. At any time after the expiration of one year from the date on which a measure enters into force, any Commission member may give to the Executive Secretary notice of its intention not to be bound by the measure, and, if that notice is not withdrawn, the measure shall cease to be binding on that member at the end of one year from the date of receipt of the notice by the Executive Secretary. At any time after a measure has ceased to be binding on a Commission member under this paragraph, the measure shall cease to be binding on any other Commission member upon the date a notice of its intention not to be bound is received by the Executive Secretary.
Art.12.4 4. The Executive Secretary shall immediately notify each Contracting Party of:
Art.12.4.a (a) the receipt of each objection and withdrawal of objection under paragraphs 1 and 2;
Art.12.4.b (b) the date on which any proposal becomes a binding measure under the provisions of paragraph 1; and
Art.12.4.c (c) the receipt of each notice under paragraph 3.
Art.13 Article XIII
Art.13.1 1. The membership of the Commission shall be reviewed and determined by the General Council at its annual meeting and shall consist of:
Art.13.1.a (a) each Contracting Party which participates in the fisheries of the Regulatory Area; and
Art.13.1.b (b) any Contracting Party which has provided evidence satisfactory to the General Council that it expects to participate in the fisheries of the Regulatory Area during the year of that annual meeting or during the following calendar year.
Art.13.2 2. Each Commission member shall appoint to the Commission not more than three representatives who may be accompanied at any of its meetings by alternates, experts and advisers.
Art.13.3 3. Any Contracting Party that is not a Commission member may attend meetings of the Commission as an observer.
Art.13.4 4. The Commission shall elect a Chairman and a Vice-Chairman, each of whom shall serve for a term of two years and shall be eligible for re-election but shall not serve for more than four years in succession. The Chairman and Vice-Chairman shall be representatives of different Commission members.
Art.13.5 5. Any meeting of the Commission, other than the annual meeting convened pursuant to Article IV, may be called by the Chairman at such time and place as the Chairman may determine, upon the request of any Commission member.
Art.13.6 6. The Commission may establish such Committees and Subcommittees as it considers desirable for the exercise of its duties and functions.
Art.16 Article XVI
Art.16.1 1. Each Contracting Party shall pay the expenses of its own delegation to all meetings held pursuant to this Convention.
Art.16.2 2. The General Council shall adopt an annual budget for the Organization.
Art.16.3 3. The General Council shall establish the contributions due from each Contracting Party under the annual budget on the following basis:
Art.16.3.a (a) 10% of the budget shall be divided among the coastal States in proportion to their nominal catches in the Convention Area in the year ending two years before the beginning of the budget year;
Art.16.3.b (b) 30% of the budget shall be divided equally among all the Contracting Parties; and
Art.16.3.c (c) 60% of the budget shall be divided among all Contracting Parties in proportion to their nominal catches in the Convention Area in the year ending two years before the beginning of the budget year.
Art.16.3.dx The nominal catches referred to above shall be the reported catches of the species listed in Annex I, which forms an integral part of this Convention.
Art.16.4 4. The Executive Secretary shall notify each Contracting Party of the contribution due from that Party as calculated under paragraph 3, and as soon as possible thereafter each Contracting Party shall pay to the Organization its contribution.
Art.16.5 5. Contributions shall be payable in the currency of the country in which the headquarters of the Organization is located, except if otherwise authorized by the General Council.
Art.16.6 6. Subject to paragraph 11, the General Council shall, at its first meeting, approve a budget for the balance of the first financial year in which the Organization functions and the Executive Secretary shall transmit to the Contracting Parties copies of that budget together with notices of their respective contributions.
Art.16.7 7. For subsequent financial years, drafts of the annual budget shall be submitted by the Executive Secretary to each Contracting Party together with a schedule of contributions, not less than sixty days before the annual meeting of the Organization at which the budgets are to be considered.
Art.16.8 8. A Contracting Party acceding to this Convention during the course of a financial year shall contribute in respect of that year a part of the contribution calculated in accordance with the provisions of this Article that is proportional to the number of complete months remaining in the year.
Art.16.9 9. A Contracting Party which has not paid its contributions for two consecutive years shall not enjoy any right of casting votes and presenting objections under this Convention until it has fulfilled its obligations, unless the General Council decides otherwise.
Art.16.10 10. The financial affairs of the Organization shall be audited annually by external auditors to be selected by the General Council.
Art.16.11 11. If the Convention enters into force on 1 January 1979, the provisions of Annex II, which forms an integral part of this Convention, shall apply in place of the provisions of paragraph 6.
Art.20 Article XX
Art.20.1 1. The Convention Area shall be divided into scientific and statistical sub-areas, divisions and subdivisions, the boundaries of which shall be those defined in Annex III to this Convention.
Art.20.2 2. On the request of the Scientific Council, the General Council may by a two-thirds majority vote of all Contracting Parties, if deemed necessary for scientific or statistical purposes, modify the boundaries of the scientific and statistical sub-areas, divisions and subdivisions set out in Annex 111, provided that each coastal State exercising fisheries jurisdiction in any part of the area affected concurs in such action.
Art.20.3 3. On the request of the Fisheries Commission and after having consulted the Scientific Council, the General Council may by a two-thirds majority vote of all Contracting Parties, if deemed necessary for management purposes, divide the Regulatory Area into appropriate regulatory divisions and subdivisions. These may subsequently be modified in accordance with the same procedure. The boundaries of any such divisions and subdivisions shall be defined in Annex III.
Art.20.4 4. Annex III to this Convention, either in its present terms or as modified from time to time pursuant to this Article, forms an integral part of this Convention.