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Art.4 |
Article IV. MEMBERSHIP |
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Art.4.1 |
1. Membership in the Commission shall be open to Members and Associate Members of FAO |
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Art.4.1.a |
(a) that are: |
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Art.4.1.a.i |
(i) coastal States or Associate Members situated wholly or partly within the Area; |
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Art.4.1.a.ii |
(ii) States or Associate Members whose vessels engage in fishing in the Area for stocks covered by this Agreement; or |
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Art.4.1.a.iii |
(iii) regional economic integration organizations of which any State referred to in subparagraphs (i), or (ii) above is a member and to which that State has transferred competence over matters within the purview of this Agreement; and |
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Art.4.1.b |
(b) that accept this Agreement in accordance with the provisions of paragraph 1 of Article XVII. |
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Art.4.2 |
2. The Commission may, by a two-thirds majority of its Members, admit to membership any other States that are not Members of FAO, but are Members of the United Nations, or of any of its Specialized Agencies or of the International Atomic Energy Agency, provided that such States: |
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Art.4.2.a |
(a) are |
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Art.4.2.a.i |
(i) coastal States situated wholly or partly within the Area; or |
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Art.4.2.a.ii |
(ii) States whose vessels engage in fishing in the Area for stocks covered by this Agreement; and |
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Art.4.2.b |
(b) have submitted an application for membership and a declaration made in a formal instrument that they accept this Agreement as in force at the time of acceptance in accordance with paragraph 2 of Article XVII. |
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Art.4.3 |
3. With a view to furthering the objectives of this Agreement, the Members of the Commission shall cooperate with each other to encourage any State or regional economic integration organization which is entitled to become, but is not yet, a Member of the Commission, to accede to this Agreement. |
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Art.4.4 |
4. If any Member of the Commission ceases to meet the criteria set out in paragraphs 1 or 2 above for two consecutive calendar years, the Commission may, after consultation with the Member concerned, determine that the Member is deemed to have withdrawn from this Agreement effective as from the date of that determination. |
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Art.4.5 |
5. For the purposes of this Agreement, the term “whose vessels” in relation to a Member Organization means vessels of a Member State of such Member Organization. |
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Art.4.6 |
6. Nothing in this Agreement, nor any act or activity carried out in pursuance of this Agreement, shall be interpreted as changing or in any way affecting the position of any party to this Agreement with respect to the legal status of any area covered by this Agreement. |
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Art.8 |
Article VIII. ADMINISTRATION |
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Art.8.1 |
1. The Secretary of the Commission (hereinafter referred to as the “Secretary”) shall be appointed by the Director-General with the approval of the Commission, or in the event of appointment between regular sessions of the Commission, with the approval of the Members of the Commission. The staff of the Commission shall be appointed by the Secretary and shall be under the Secretary's direct supervision. The Secretary and staff of the Commission shall be appointed under the same terms and conditions as staff members of FAO; they shall, for administrative purposes, be responsible to the Director-General. |
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Art.8.2 |
2. The Secretary shall be responsible for implementing the policies and activities of the Commission and shall report thereon to the Commission. The Secretary shall also act as Secretary to other subsidiary bodies established by the Commission, as required. |
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Art.8.3 |
3. The expenses of the Commission shall be paid out of its autonomous budget except those relating to such staff and facilities as can be made available by FAO. The expenses to be borne by FAO shall be determined and paid within the limits of the biennial budget prepared by the Director-General and approved by the Conference of FAO in accordance with the General Rules and the Financial Regulations of FAO. |
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Art.8.4 |
4. Expenses incurred by delegates, their alternates, experts and advisers when attending, as government representatives, sessions of the Commission, its sub-commissions and its committees, as well as the expenses incurred by observers at sessions, shall be borne by the respective governments or organizations. The expenses of experts invited by the Commission to attend, in their individual capacity, meetings of the Commission or its sub-commissions or committees shall be borne by the budget of the Commission. |
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Art.9 |
Article IX. PROCEDURES CONCERNING CONSERVATION AND MANAGEMENT MEASURES |
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Art.9.1 |
1. Subject to paragraph 2, the Commission may, by a two-thirds majority of its Members present and voting, adopt conservation and management measures binding on Members of the Commission in accordance with this Article. |
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Art.9.2 |
2. Conservation and management measures for stocks for which a sub-commission has been established under paragraph 2 of Article XII, shall be adopted upon the proposal of the sub-commission concerned. |
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Art.9.3 |
3. The Secretary shall, without undue delay, notify the Members of the Commission of any conservation and management measures adopted by the Commission. |
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Art.9.4 |
4. Subject to paragraphs 5 and 6, conservation and management measures adopted by the Commission under paragraph 1, shall become binding on Members 120 days from the date specified in the Secretary's notification or on such other date as may be specified by the Commission. |
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Art.9.5 |
5. Any Member of the Commission may, within 120 days from the date specified or within such other period as may be specified by the Commission under paragraph 4, object to a conservation and management measure adopted under paragraph 1. A Member of the Commission which has objected to a measure shall not be bound thereby. Any other Member of the Commission may similarly object within a further period of 60 days from the expiry of the 120-day period. A Member of the Commission may also withdraw its objection at any time and become bound by the measure immediately if the measure is already in effect or at such time as it may come into effect under this article. |
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Art.9.6 |
6. If objections to a measure adopted under paragraph 1 are made by more than one-third of the Members of the Commission, the other Members shall not be bound by that measure; but this shall not preclude any or all of them from giving effect thereto. |
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Art.9.7 |
7. The Secretary shall notify each Member of the Commission immediately upon receipt of each objection or withdrawal of objection. |
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Art.9.8 |
8. The Commission may, by a simple majority of its Members present and voting, adopt recommendations concerning conservation and management of the stocks for furthering the objectives of this Agreement. |
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Art.11 |
Article XI. INFORMATION |
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Art.11.1 |
1. The Members of the Commission shall, on the request of the Commission, provide such available and accessible statistical and other data and information as the Commission may require for the purposes of this Agreement. The Commission shall decide the scope and form of such statistics and the intervals at which they shall be provided. The Commission shall also endeavour to obtain fishing statistics from fishing States or entities which are not Members of the Commission. |
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Art.11.2 |
2. Each Member of the Commission shall provide to the Commission copies of laws, regulations and administrative instructions in force or, where appropriate, summaries thereof, relating to the conservation and management of stocks covered by this Agreement and shall inform the Commission of any amendment or repeal of such laws, regulations and administrative instructions. |
