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Paragraphs in "Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean" coded as

Label Provision
Art.16.2.c (c) verification of compliance with conservation and management measures agreed by the Commission; and
Art.16.2.d (d) prompt action on reports of infringements in contravention of measures agreed by the Commission.
Art.16.3 3. In applying these principles the System shall, inter alia, comprise the following elements:
Art.16.3.a (a) control measures, including the authorisation of vessels to fish, the marking of vessels and fishing gear, the recording of fishing activities, and the near-to-real time reporting of vessel movements and activities by means such as satellite surveillance;
Art.16.3.b (b) an inspection programme, both at sea and in port, including procedures for boarding and inspection of vessels, on a reciprocal basis;
Art.16.3.c (c) an observer programme based on common standards for the conduct of observation, including, inter alia, arrangements for the placing of observers by a Contracting Party on vessels flying the flag of another Contracting Party with the consent of that Party; an appropriate level of coverage for different sizes and types of fishing vessels and fishery research vessels; and measures for reporting by observers of information regarding apparent violations of conservation and management measures, taking into account the need to ensure the safety of observers; and
Art.16.3.d (d) procedures for the follow-up on infringements detected under the System, including standards of investigation, reporting procedures, notification of proceedings and sanctions, and other enforcement actions.
Art.16.4 4. The System shall have a multilateral and integrated character.
Art.16.5 5. In order to strengthen the effective exercise of flag State responsibility by Contracting Parties for fishing vessels and fishery research vessels flying their flags in the Convention Area, the interim arrangements set out in the Annex, which forms an integral part of this Convention, shall apply upon entry into force of this Convention and remain in force until the establishment of the System or until the Commission decides otherwise.
Art.16.6 6. If, within two years of the entry into force of this Convention, the Commission has not established the System, the Commission shall, at the request of any Contracting Party, give urgent consideration to adoption of boarding and inspection procedures in order to strengthen the effective discharge by Contracting Parties of their obligations under this Convention and where applicable, under the 1995 Agreement. A special meeting of the Commission may be convened for this purpose.
Art.17 Article 17 Decision making
Art.17.1 1. Decisions of the Commission on matters of substance shall be taken by consensus of the Contracting Parties present. The question of whether a matter is one of substance shall be treated as a matter of substance.
Art.17.2 2. Decisions on matters other than those referred to in paragraph 1 shall be taken by a simple majority of the Contracting Parties present and voting.
Art.17.3 3. In the taking of decisions pursuant to this Convention, a regional economic integration organisation shall have only one vote.
Art.18 Article 18 Cooperation with other organisations
Art.18.1 1. The Organisation shall cooperate, as appropriate, with the Food and Agriculture Organisation of the United Nations and with other specialised agencies and organisations on matters of mutual interest.
Art.18.2 2. The Organisation shall seek to develop cooperative working relationships with other inter-governmental organisations which can contribute to their work and which have an interest in ensuring the long-term conservation and sustainable use of living marine resources in the Convention Area.
Art.18.3 3. The Commission may enter into agreements with the organisations referred to in this article and with other organisations as may be appropriate. The Commission may invite such organisations to send observers to its meetings, or to the meetings of any subsidiary bodies of the Organisation.
Art.18.4 4. In the application of Articles 2 and 3 of this Convention to fishery resources, the Organisation shall cooperate with other relevant fisheries management organisations and take account of their conservation and management measures applicable in the region.
Art.19 Article 19 Compatibility of conservation and management measures
Art.19.1 1. The Contracting Parties recognise the need to ensure compatibility of conservation and management measures adopted for straddling fish stocks on the high seas and in areas under national jurisdiction. To this end, the Contracting Parties have a duty to cooperate for the purposes of achieving compatible measures in respect of such stocks of fisheries resources as occur in the Convention area and in areas under the jurisdiction of any Contracting Party. The appropriate Contracting Party and the Commission shall accordingly promote the compatibility of such measures. This compatibility shall be ensured in such a way which does not undermine measures established in accordance with Articles 61 and 119 of the 1982 Convention.
Art.19.2 2. For the purpose of paragraph 1, the coastal States and the Commission shall develop and agree on standards for reporting and exchanging data on fisheries for the stocks concerned as well as statistical data on the status of the stocks.
Art.19.3 3. Each Contracting Party shall keep the Commission informed of its measures and decisions taken in accordance with this Article.
Art.20 Article 20 Fishing opportunities
Art.20.1 1. In determining the nature and extent of participatory rights in fishing opportunities, the Commission shall take into account, inter alia:
Art.20.1.a (a) the state of fishery resources including other living marine resources and existing levels of fishing effort, taking into account the advice and recommendations of the Scientific Committee;
Art.20.1.b (b) respective interests, past and present fishing patterns, including catches, and practices in the Convention Area;
Art.20.1.c (c) the stage of development of a fishery;
Art.20.1.d (d) the interests of developing States in whose areas of national jurisdiction the stocks also occur;
Art.20.1.e (e) contributions to conservation and management of fishery resources in the Convention Area, including the provision of information, the conduct of research and steps taken to establish cooperative mechanisms for effective monitoring, control, surveillance and enforcement;
Art.20.1.f (f) contributions to new or exploratory fisheries, taking account of the principles set out in Article 6.6 of the 1995 Agreement;
Art.20.1.g (g) the needs of coastal fishing communities which are dependent mainly on fishing for the stocks in the South-East Atlantic; and
Art.20.1.h (h) the needs of coastal States whose economies are overwhelmingly dependent on the exploitation of fishery resources.
Art.20.2 2. In applying the provisions of paragraph 1, the Commission may, inter alia :
Art.20.2.a (a) designate annual quota allocations or effort limitations for Contracting Parties;
Art.20.2.b (b) allocate catch quantities for exploration and scientific research; and
Art.20.2.c (c) set aside fishing opportunities for non-parties to this Convention, if necessary.
Art.20.3 3. The Commission shall, subject to agreed rules, review quota allocations, effort limitations and participation in fishing opportunities of Contracting Parties taking into account the information, advice and recommendations on the implementation of, and compliance with, conservation and management measures by Contracting Parties.
Art.21 Article 21 Recognition of the special requirements of developing States in the region
Art.21.1 1. The Contracting Parties shall give full recognition to the special requirements of developing States in the region in relation to conservation and management of fishery resources and the development of such resources.
Art.21.2 2. In giving effect to the duty to cooperate in the establishment of conservation and management measures for stocks covered by this Convention, the Contracting Parties shall take into account the special requirements of such developing States, in particular:
Art.21.2.a (a) the vulnerability of developing States in regions which are dependent on the exploitation of living marine resources, including for meeting the nutritional requirements of their populations or parts thereof;
Art.21.2.b (b) the need to avoid adverse impacts on, and ensure access to fisheries by, subsistence, small-scale and artisanal fishers and women fishworkers; and
Art.21.2.c (c) the need to ensure that such measures do not result in transferring, directly or indirectly, a disproportionate burden of conservation action onto developing States in the region.
Art.21.3 3. The Contracting Parties shall cooperate through the Commission and other subregional or regional organisations involved in the management of fishery resources:
Art.21.3.a (a) to enhance the ability of developing States in the region to conserve and manage fishery resources and to develop their own fisheries for such resources; and
Art.21.3.b (b) to assist developing States in the region which may fish for fishery resources, to enable them to participate in fisheries for such resources, including facilitating access in accordance with this Convention.
Art.21.4 4. Cooperation with developing States in the region for the purposes set out in this article shall include the provision of financial assistance, assistance relating to human resources development, technical assistance, transfer of technology, and activities directed specifically towards:
Art.21.4.a (a) improved conservation and management of the fishery resources covered by this Convention through collection, reporting, verification, exchange and analysis of fisheries data and related information;
Art.21.4.b (b) stock assessment and scientific research; and
Art.21.4.c (c) monitoring, control, surveillance, compliance and enforcement, including training and capacity-building at the local level, development and funding of national and regional observer programmes and access to technology and equipment.
Art.22 Article 22 Non-Parties to this Convention
Art.22.1 1. The Contracting Parties shall, either directly or through the Commission, request non-parties to this Convention whose vessels fish in the Convention Area to cooperate fully with the Organisation either by becoming party to the Convention or by agreeing to apply the conservation and management measures adopted by the Commission with a view to ensuring that such measures are applied to all fishing activities in the Convention Area. Such non-parties to this Convention shall enjoy benefits from participation in the fishery commensurate with their commitment to comply with conservation and management measures in respect of the relevant stocks.
Art.22.2 2. Contracting Parties may exchange information between each other or through the Commission on, and shall inform the Commission of activities of, fishing vessels flying the flags of the non-parties to this Convention which are engaged in fishing operations in the Convention Area, and of any action taken in response to fishing by non-parties to this Convention. The Commission shall share information on such activities with other appropriate regional or subregional organisations and arrangements.
Art.22.3 3. The Contracting Parties may, either directly or through the Commission, take measures, which are consistent with international law, and which they deem necessary and appropriate, to deter fishing activities by fishing vessels of non-parties to this Convention which undermine the effectiveness of conservation and management measures adopted by the Commission.
Art.22.4 4. The Contracting Parties shall, individually or jointly, request fishing entities which have fishing vessels in the Convention Area to cooperate fully with the organisation in implementing conservation and management measures, with a view to having such measures applied de facto as extensively as possible to fishing activities in the Convention Area. Such fishing entities shall enjoy benefits from participation in the fishery commensurate with their commitment to comply with conservation and management measures in respect of the stocks. The Commission may invite non-parties to this Convention to send observers to its meetings, or to the meetings of any subsidiary bodies of the Organisation.
Art.23 Article 23 Implementation
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:
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;
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;
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;
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:
Art.23.1.d.i (i) the Contracting Party considers that the measure is inconsistent with the provisions of this Convention;
Art.23.1.d.ii (ii) the Contracting Party cannot practicably comply with the measure;
Art.23.1.d.iii (iii) the measure unjustifiably discriminates in form or in fact against the Contracting Party; or
Art.23.1.d.iv (iv) other special circumstances apply;
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);
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
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.
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.
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.
Art.24 Article 24 Dispute settlement
Art.24.1 1. The Contracting Parties shall cooperate in order to prevent disputes.
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.
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.
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.
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.
Art.25 Article 25 Signature, ratification, acceptance and approval
Art.25.1 1. This Convention shall be open for signature on 20 April 2001, in Windhoek, Namibia, and subsequently at the head-quarters of the Food and Agriculture Organisation of the United Nations for one year from its adoption on 20 April 2001 by all States and regional economic integration organisations participating in the Conference on the South-East Atlantic Fisheries Organisation held on 20 April 2001 and by all States and regional economic integration organisations whose vessels fish, or have fished in the Convention Area, for fishery resources covered by this Convention, in the four years preceding the adoption of the Convention.
Art.25.2 2. This Convention shall be subject to ratification, acceptance or approval by the States and regional economic integration organisations referred to in paragraph 1. The instruments of ratification, acceptance or approval shall be deposited with the Director-General of the Food and Agriculture Organisation of the United Nations, hereafter 'the Depositary '.
Art.26 Article 26 Accession
Art.26.1 1. This Convention shall be open for accession by coastal States, and by all other States and regional economic integration organisations whose vessels fish in the Convention Area for fishery resources covered by this Convention.
Art.26.2 2. This Convention shall be open for accession by regional economic integration organisations, other than that regional economic integration organisation that qualifies as a Contracting Party under Article 25,which include among their member States one or more States which have transferred, in whole or in part, competence over matters covered by this Convention. The accession of such regional economic integration organisations shall be the subject of consultations within the Commission concerning the conditions for participation in the work of the Commission.
Art.26.3 3. Instruments of accession shall be deposited with the Depositary. Accessions received by the Depositary prior to the date of entry into force of this Convention shall become effective 30 days after the date on which this Convention enters into force.
Art.27 Article 27 Entry into force
Art.27.1x This Convention shall enter into force 60 days after the date of deposit with the Depositary of the third instrument of ratification, accession, acceptance or approval at least one of which has been deposited by a coastal State. For each State or regional economic integration organisation which, subsequent to the date of entry into force of this Convention, deposits an instrument of ratification or accession, this Convention shall enter into force on the thirtieth day following such deposit.
Art.28 Article 28 Reservations and exceptions
Art.28.1x No reservations or exceptions may be made to this Convention.
Art.29 Article 29 Declarations and statements
Art.29.1x Article 28 does not preclude a State or regional economic integration organisation, when signing, ratifying or acceding to this Convention, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonisation of its laws and regulations with the provisions of this Agreement, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Convention in their application to that State or regional economic integration organisation.
Art.30 Article 30 Relation to other agreements
Art.30.1x This Convention shall not alter the rights and obligations of Contracting Parties which arise from the 1982 Convention and other agreements compatible with the 1982 Convention and which do not affect the enjoyment by other Contracting Parties of their rights or the performance of their obligations under this Convention.
Art.31 Article 31 Maritime claims
Art.31.1x Nothing in this Convention shall constitute recognition of the claims or positions of any of the Contracting Parties concerning the legal status and extent of waters and zones claimed by any such Contracting Party.
Art.32 Article 32 Amendment
Art.32.1 1. Any Contracting Party may at any time propose amendments to this Convention.
Art.32.2 2. Any proposed amendment shall be notified in writing to the Executive Secretary at least 90 days prior to the meeting at which it is proposed to be considered, and the Executive Secretary shall promptly transmit the proposal to all Contracting Parties. Proposed amendments to the Convention shall be considered at the annual meeting of the Commission, unless a majority of the Contracting Parties request a special meeting to discuss the proposed amendment. A special meeting may be convened on not less than 90 days' notice.
Art.32.3 3. The text of any amendment adopted by the Commission shall be transmitted promptly by the Executive Secretary to all Contracting Parties.
Art.32.4 4. An amendment shall enter into force on the thirtieth day following the deposit of instruments of ratification, acceptance or approval thereof from all Contracting Parties.
Art.33 Article 33 Withdrawal
Art.33.1 1. A Contracting Party may, by written notification addressed to the Depositary, withdraw from this Convention and may indicate its reasons. Failure to indicate reasons shall not affect the validity of the withdrawal. The withdrawal shall take effect one year after the date of receipt of the notification by the Depositary, unless the notification specifies a later date.
Art.33.2 2. Withdrawal from this Convention by any Contracting Party shall not affect its financial obligations under this Convention incurred prior to its withdrawal becoming effective.
Art.34 Article 34 Registration
Art.34.1 1. The Director-General of the Food and Agriculture Organisation of the United Nations shall be the Depositary of this Convention, and any amendments or revisions thereto. The Depositary shall:
Art.34.1.a (a) send certified copies of this Convention to each signatory to this Convention and to all Contracting Parties;
Art.34.1.b (b) arrange for the registration of this Convention, upon its entry into force, with the Secretary-General of the United Nations in accordance with article 102 of the Charter of the United Nations;
Art.34.1.c (c) inform each signatory to this Convention and all Contracting Parties of:
Art.34.1.c.i (i) instruments of ratification, accession, acceptance and approval deposited in accordance with Articles 25 and 26 respectively;
Art.34.1.c.ii (ii) the date of entry into force of the Convention in accordance with Article 27;
Art.34.1.c.iii (iii) the entry into force of amendments to this Convention in accordance with Article 32;
Art.34.1.c.iv (iv) withdrawals from this Convention pursuant to Article 33.
Art.34.2 2. The language of communication for the functions of the Depositary shall be English.
Art.35 Article 35 Authentic texts
Art.35.1x The English and Portuguese texts of this Convention are equally authentic.
Conc.1 IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention in the English and Portuguese languages.
Conc.2 Done at Windhoek, Namibia, 20 April 2001, in a single original in the English and Portuguese languages.

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