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

Label Provision
Art.6 Article 6 The Commission
Art.6.1 1. Each Contracting Party shall be a member of the Commission.
Art.6.2 2. Each member shall appoint one representative to the Commission who may be accompanied by alternate representatives and advisers.
Art.6.3 3. The functions of the Commission shall be to:
Art.6.3.a (a) identify conservation and management needs;
Art.6.3.b (b) formulate and adopt conservation and management measures;
Art.6.3.c (c) determine total allowable catches and/or levels of fishing effort, taking into account total fishing mortality, including of non-target species;
Art.6.3.d (d) determine the nature and extent of participation in fishing;
Art.6.3.e (e) keep under review the status of stocks and gather, analyse and disseminate relevant information on stocks;
Art.6.3.f (f) encourage, promote and, where appropriate by agreement, coordinate scientific research on fishery resources within the Convention Area and in adjacent waters under national jurisdiction;
Art.6.3.g (g) manage stocks on the basis of the precautionary approach to be developed in accordance with Article 7;
Art.6.3.h (h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement;
Art.6.3.i (i) adopt measures concerning control and enforcement within the Convention Area;
Art.6.3.j (j) develop measures for the conduct of fishing for scientific research purposes;
Art.6.3.k (k) develop rules for the collection, submission, verification of, access to and use of data;
Art.6.3.l (l) compile and disseminate accurate and complete statistical data to ensure that the best scientific advice is available, while maintaining confidentiality, where appropriate;
Art.6.3.m (m) direct the Compliance and Scientific Committees, other subsidiary bodies, and the Secretariat;
Art.6.3.n (n) approve the budget of the Organisation; and
Art.6.3.o (o) carry out such other activities as may be necessary to fulfil its functions.
Art.6.4 4. The Commission shall adopt its rules of procedure.
Art.6.5 5. The Commission shall adopt measures, in accordance with international law, to promote compliance by vessels flying the flag of non-parties to this Convention with measures agreed by the Commission.
Art.6.6 6. The Commission shall take full account of the recommendations and advice from the Scientific and Compliance Committees in formulating its decisions. The Commission shall, in particular, take full account of the biological unity and other biological characteristics of the stocks.
Art.6.7 7. The Commission shall publish its conservation and management and control measures which are in force, and, as far as practicable, shall maintain records of other conservation and management measures in force in the Convention Area.
Art.6.8 8. The measures referred to in paragraph 3 may include the following:
Art.6.8.a (a) the quantity of any species which may be caught;
Art.6.8.b (b) the areas and periods in which fishing may occur;
Art.6.8.c (c) the size and sex of any species which may be taken;
Art.6.8.d (d) the fishing gear and technology which may be used;
Art.6.8.e (e) the level of fishing effort, including vessel numbers, types and sizes, which may be used;
Art.6.8.f (f) the designation of regions and sub-regions;
Art.6.8.g (g) other measures regulating fisheries with the objective of protecting any species; and
Art.6.8.h (h) other measures the Commission considers necessary to meet the objective of this Convention.
Art.6.9 9. Conservation and management and control measures adopted by the Commission in accordance with this Convention shall become effective in accordance with Article 23.
Art.6.10 10. Taking account of Articles 116-119 of the 1982 Convention, the Commission may draw the attention of any State or fishing entity which is a non-party to this Convention to any activity which in the opinion of the Commission affects implementation of the objective of this Convention.
Art.6.11 11. The Commission shall draw the attention of all Contracting Parties to any activity which in the opinion of the Commission undermines:
Art.6.11.a (a) the implementation by a Contracting Party of the objective of this Convention, or the compliance of that Contracting Party with its obligations under this Convention; or
Art.6.11.b (b) the compliance of that Contracting Party with its obligations under this Convention.
Art.6.12 12. The Commission shall take account of measures established by other organisations which affect living marine resources in the Convention Area, and, without prejudice to the objective of this Convention, shall seek to ensure consistency with such measures.
Art.6.13 13. If the Commission determines that a Contracting Party has ceased to participate in the work of the Organisation, the Commission shall consult with the Contracting Party concerned and may take a decision to address the matter, as it deems appropriate.
Art.11 Article 11 The Secretariat
Art.11.1 1. The Commission shall appoint an Executive Secretary according to such procedures and on such terms and conditions as the Commission may determine.
Art.11.2 2. The Executive Secretary shall be appointed for a term of four years and may be reappointed for one additional term not exceeding four years.
Art.11.3 3. The Commission shall authorise such staff for the Secretariat as may be necessary and the Executive Secretary shall appoint, direct and supervise such staff according to staff regulations approved by the Commission.
Art.11.4 4. The Executive Secretary and the Secretariat shall perform the functions delegated to them by the Commission.
Art.12 Article 12 Finance and budget
Art.12.1 1. At each annual meeting, the Commission shall adopt the Organisation's budget. In determining the size of the budget, the Commission shall give due consideration to the principle of cost effectiveness.
Art.12.2 2. A draft budget for the Organisation's next financial year shall be prepared by the Executive Secretary and submitted to the Contracting Parties at least 60 days before the annual meeting of the Commission.
Art.12.3 3. Each Contracting Party shall contribute to the budget. The contribution by each Contracting Party shall be according to a combination of an equal basic fee, and a fee based on the total catch in the Convention Area of species covered by the Convention. The Commission shall adopt and amend the proportion in which these contributions are applied taking into account the economic status of each Contracting Party. For Contracting Parties with territory adjoining the Convention Area, this shall be the economic status of that territory.
Art.12.4 4. For the first three years following the Convention's entry into force, or a shorter period as decided by the Commission, the contribution of each Contracting Party shall be equal.
Art.12.5 5. The Commission may request and accept financial contributions and other forms of assistance from organisations, individuals and other sources for purposes connected with the fulfilment of its functions.
Art.12.6 6. The financial activities of the Organisation,including the proportion of contributions referred to in paragraph 3, shall be conducted in accordance with Financial Regulations adopted by the Commission and shall be subject to an annual audit by independent auditors appointed by the Commission.
Art.12.7 7. Each Contracting Party shall meet its own expenses arising from attendance at meetings of the bodies of the Organisation.
Art.12.8 8. Unless otherwise decided by the Commission, a Contracting Party that is in arrears with its payment of any monies owing to the Organisation by more than two years:
Art.12.8.a (a) shall not participate in the taking of any decisions by the Commission; and
Art.12.8.b (b) may not notify non-acceptance of any measure adopted by the Commission until it has paid all monies owing by it to 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.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.