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Art.9 |
Article 9 The Compliance Committee |
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Art.9.1 |
1. Each Contracting Party shall be entitled to appoint one representative to the Compliance Committee who may be accompanied by alternate representatives and advisers. |
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Art.9.2 |
2. Unless otherwise decided by the Commission, the functions of the Compliance Committee shall be to provide the Commission with information, advice and recommendations on the implementation of, and compliance with, conservation and management measures. |
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Art.9.3 |
3. In performing its functions, the Compliance Committee shall conduct activities as the Commission may direct and shall: |
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Art.9.3.a |
(a) coordinate compliance activities undertaken by or on behalf of the Organisation; |
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Art.9.3.b |
(b) coordinate with the Scientific Committee on matters of common concern; and |
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Art.9.3.c |
(c) perform such other tasks as directed by the Commission. |
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Art.9.4 |
4. The Compliance Committee shall meet as deemed necessary by the Commission. |
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Art.9.5 |
5. The Compliance Committee shall adopt, and amend as necessary, rules of procedure for the conduct of its meetings and the exercise of its functions. The rules and any amendments thereto shall be approved by the Commission. The rules shall include procedures for the presentation of minority reports. |
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Art.9.6 |
6. The Compliance Committee may establish, with the approval of the Commission, such subsidiary bodies as are necessary for the performance of its functions. |
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Art.10 |
Article 10 The Scientific Committee |
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Art.10.1 |
1. Each Contracting Party shall be entitled to appoint one representative to the Scientific Committee who may be accompanied by alternate representatives and advisers. |
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Art.10.2 |
2. The Scientific Committee may seek expert advice as required on an ad hoc basis. |
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Art.10.3 |
3. The functions of the Scientific Committee shall be to provide the Commission with scientific advice and recommendations for the formulation of conservation and management measures for fishery resources covered by this Convention, and to encourage and promote cooperation in scientific research in order to improve knowledge of the living marine resources of the Convention Area. |
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Art.10.4 |
4. In performing its functions, the Scientific Committee shall conduct such activities as the Commission may direct and shall: |
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Art.10.4.a |
(a) consult, cooperate and encourage the collection, study and exchange of information relevant to the living marine resources of the Convention Area; |
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Art.10.4.b |
(b) establish criteria and methods to be used in determining conservation and management measures; |
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Art.10.4.c |
(c) assess the status and trends of relevant populations of living marine resources; |
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Art.10.4.d |
(d) analyse data on the direct and indirect effects of fishing and other human activities on populations of fishery resources; |
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Art.10.4.e |
(e) assess the potential effects of proposed changes in the methods or levels of fishing and of proposed conservation and management measures; and |
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Art.10.4.f |
(f) transmit reports and recommendations to the Commission as directed, or on its own initiative, regarding conservation and management measures and research. |
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Art.10.5 |
5. In carrying out its functions, the Scientific Committee shall seek to take into consideration the work of other fisheries management organisations, as well as other technical and scientific bodies. |
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Art.10.6 |
6. The first meeting of the Scientific Committee shall be held within three months of the first meeting of the Commission. |
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Art.10.7 |
7. The Scientific Committee shall adopt, and amend as necessary, rules of procedure for the conduct of its meetings and the exercise of its functions. The rules and any amendments thereto shall be approved by the Commission. The rules shall include procedures for the presentation of minority reports. |
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Art.10.8 |
8. The Scientific Committee may establish, with the approval of the Commission, such subsidiary bodies as are necessary for the performance of its functions. |
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Art.24 |
Article 24 Dispute settlement |
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Art.24.1 |
1. The Contracting Parties shall cooperate in order to prevent disputes. |
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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. |
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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. |
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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. |
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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. |
