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Art.23 |
Article 23 Implementation |
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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: |
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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; |
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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; |
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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; |
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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: |
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Art.23.1.d.i |
(i) the Contracting Party considers that the measure is inconsistent with the provisions of this Convention; |
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Art.23.1.d.ii |
(ii) the Contracting Party cannot practicably comply with the measure; |
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Art.23.1.d.iii |
(iii) the measure unjustifiably discriminates in form or in fact against the Contracting Party; or |
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Art.23.1.d.iv |
(iv) other special circumstances apply; |
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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); |
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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 |
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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. |
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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. |
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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. |
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Art.28 |
Article 28 Reservations and exceptions |
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Art.28.1x |
No reservations or exceptions may be made to this Convention. |
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Art.29 |
Article 29 Declarations and statements |
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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. |
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Art.33 |
Article 33 Withdrawal |
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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. |
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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. |
