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Art.1 |
Article 1 Establishment |
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Art.1.1x |
The Contracting Parties hereby establish the Intergovernmental Organization for Marketing Information and Cooperation Services for Fishery Products in Africa, hereinafter referred to as "INFOPÊCHE". |
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Art.3 |
Article 3 Objectives |
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Art.3.1x |
The objectives of INFOPÊCHE shall be: |
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Art.3.1x.a |
(a) to contribute to the development and modernization of the fisheries sector of the Contracting Parties; |
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Art.3.1x.b |
(b) to contribute to more balanced supplies of fishery products to the Contracting Parties |
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Art.3.1x.c |
(c) to make the best use of export opportunities within and outside Africa; and |
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Art.3.1x.d |
(d) to promote technical and economic cooperation among Contracting Parties. |
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Art.5 |
Article 5 Headquarters |
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Art.5.1 |
1. The seat of INFOPÊCHE is in Abidjan (Côte d'Ivoire). However, if on the date on which this Agreement enters into force, the Côte d'Ivoire has not deposited an instrument of ratification or accession in respect of this Agreement, the seat of INFOPÊCHE shall be determined by the Governing Council by a two & shy thirds majority of its members. |
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Art.5.2 |
2. The Host State shall make available to INFOPÊCHE, without charge, the premises required for its operation as described in Annex II to this Agreement. |
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Art.5.3 |
3. The Host State shall undertake to grant to INFOPÊCHE, to its premises, property, funds and assets, to the members of the Governing Council, to the Director and the staff of INFOPÊCHE and to the consultants, the privileges, immunities and facilities provided for in Article 12 and in Annex II to this Agreement. |
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Art.6 |
Article 6 Membership |
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Art.6.1 |
1. The Member States of INFOPÊCHE shall be the Contracting Parties to the present Agreement. |
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Art.6.2 |
2. The original founding Member States of INFOPÊCHE shall be those States in Africa specified in Annex I to this Agreement which ratify or accede to this Agreement in accordance with Article 14, paragraphs 1 and 2. |
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Art.6.3 |
3. The Governing Council of INFOPÊCHE may, by a two-thirds majority of all its Member States, authorize any State not referred to in Annex I to this Agreement, which has submitted an application for membership, to accede to the Agreement as in force at the time of accession, in accordance with Article 14, paragraph 3. |
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Art.7 |
Article 7 The Governing Council |
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Art.7.1 |
1. INFOPÊCHE shall have a Governing Council consisting of all Member States. Each Member State shall designate one representative to act on its behalf. |
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Art.7.2 |
2. The Governing Council shall hold a regular session annually at such time and place as it shall determine. |
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Art.7.3 |
3. The Governing Council may hold special sessions if it so decides or at the request of one-third of its members. |
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Art.7.4 |
4. The Governing Council shall elect its Chairman and other officers who will hold office for two years. |
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Art.7.5 |
5. The Governing Council shall adopt its own Rules of Procedure, by a two­thirds majority of the votes cast. The Rules of Procedure may provide the possibility for the Governing Council, in special circumstances, to modify the conditions of adoption of a decision. |
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Art.7.6 |
6. Each Member State of the Governing Council shall have one vote. Except as otherwise expressly provided in this Agreement, all decisions of the Governing Council shall be taken by a simple majority of the votes cast. A simple majority of the members shall constitute a quorum. |
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Art.9 |
Article 9 Observers |
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Art.9.1x |
Non-member States, organizations and institutions that are able to make a significant contribution to the activities of INFOPÊCHE may be invited to be represented at sessions of the Governing Council as observers, in accordance with the Rules of Procedure adopted under Article 7, paragraph 5. |
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Art.11 |
Article 11 Finances |
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Art.11.1 |
1. The financial resources of INFOPÊCHE shall be: |
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Art.11.1.a |
(a) the contributions of the Member States to the budget of INFOPÊCHE; |
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Art.11.1.b |
(b) the revenue obtained from the provision of services against payment, for example subscriptions to INFOPÊCHE publications, sales of information, paid advertisements in INFOPÊCHE publications and consultant fees for its technical services; |
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Art.11.1.c |
(c) subventions from States and international organizations; |
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Art.11.1.d |
(d) donations and legacies provided that acceptance of such donations and legacies is compatible with the objectives of INFOPÊCHE; and |
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Art.11.1.e |
(e) such other resources as are approved by the Governing Council and compatible with the objectives of INFOPÊCHE. |
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Art.11.2 |
2. Member States undertake to pay annual contributions in freely convertible currencies to the regular budget of INFOPÊCHE. There shall be for each Member State a minimum contribution determined by the Governing Council. The Governing Council shall establish a scale of contributions, approved by unanimous vote, and taking account of GNP per capita of each Member State. The Host State is exempted from payment of any contribution for as long as it provides the services and covers the costs described in Section 1, Part B of Annex II. At each regular session, the Governing Council shall, by a majority of three-quarters of the Member States participating in the session, determine the regular budget for the following year. |
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Art.11.3 |
3. INFOPÊCHE shall be operated having regard to generally accepted commercial principles. To this end, INFOPÊCHE shall charge for its services at rates set by the Governing Council with a view to the revenue thus derived covering the operating costs and administrative expenses of INFOPÊCHE, and replacement of operating assets. |
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Art.11.4 |
4. If the amount of its arrears equals or exceeds the amount of the contribution due from it for the two preceding calendar years, a Member State, on the decision of the Governing Council, may lose its voting right in the Governing Council. |
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Art.12 |
Article 12 Legal Status, Privileges and Immunities |
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Art.12.1 |
1. INFOPÊCHE shall possess juridical personality and such legal capacity, as well as privileges and immunities, as may be necessary for the fulfilment of the Organization's objectives and for the exercise of its functions. |
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Art.12.2 |
2. The representatives of Member States and the Director and staff of INFOPÊCHE shall be accorded the privileges and immunities necessary for the independent exercise of their functions with INFOPÊCHE. |
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Art.12.3 |
3. Each Member State shall accord the status, privileges and immunities referred to above in the following manner: |
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Art.12.3.a |
(a) In the territory of each Member State which has acceded to the Convention on the Privileges and Immunities of the Specialized Agencies, those which are stipulated therein, mutatis mutandis; |
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Art.12.3.b |
(b) In the territory of each Member State which has not acceded to the above Convention but which has acceded to the Convention on the Privileges and Immunities of the United Nations, those which are stipulated therein, mutatis mutandis; and |
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Art.12.3.c |
(c) If a Member State has not acceded to either of the above Conventions it shall, within six months of the deposit of its instrument of ratification or accession, conclude an agreement with INFOPÊCHE granting a status and privileges and immunities comparable to those provided for in the said Conventions. |
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Art.12.4 |
4. Privileges and immunities are accorded to the representatives of Member States and the Director and staff of INFOPÊCHE not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the Organization. Consequently, a Member State or the Director, as the case may be, not only has the right but is under a duty to waive the immunity of its representatives or of a staff member in any case where, in the opinion of the Member State or of the Director, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded. If the Member State sending the representative or the Director, as the case may be, does not waive the immunity of the representative or the staff member, the Member State or the Director shall make the strongest efforts to achieve an equitable solution of the matter. |
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Art.12.5 |
5. INFOPÊCHE may conclude agreements with States in which offices of the Organization may be located, specifying the privileges and immunities and facilities to be enjoyed by the Organization to enable it to fulfil its objectives and to perform its functions. |
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Art.16 |
Article 16 Withdrawal and Dissolution |
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Art.16.1 |
1. At any time after the expiration of three years from the date when it became a party to this Agreement, any Member State may give notice of its withdrawal from INFOPÊCHE to the Depositary. Such withdrawal shall take effect twelve months after the notice thereof was received by the Depositary or at any later date specified in the notice, provided, however, that any obligation incurred by the Member State vis-à-vis INFOPÊCHE shall remain valid and enforceable. |
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Art.16.2 |
2. INFOPÊCHE shall cease to exist at any time decided by the Governing Council by a three-quarters majority of all its Members. Any assets remaining after the land, buildings and fixtures have been disposed of, after the balance of any donated funds that have not been used has been returned to the respective donors, and after all obligations have been met, shall be distributed among the States which were Members of INFOPÊCHE at the time of the dissolution, in proportion to the contributions that they made, in accordance with Article 11, paragraph 2, for the year preceding the year of the dissolution. |
