Convention On The Conservation Of The Living Resources Of The Southeast Atlantic (With Final Act Of The Conference And Resolutions)
Source:
Preamble
The Governments of the States parties to this Convention, considering their mutual interest in the living resources of the Southeast Atlantic and desiring to cooperate in the conservation and rational exploitation of these resources, have agreed as follows:
Article I
1. The area to which this Convention shall apply, hereinafter referred to as the " Convention Area, " shall be all waters bounded by a line drawn as follows:
Beginning at a point at 6°04'36" South latitude and 12°19'48" East longitude, thence in a northwesterly direction along a rhumb line to the point at the intersection of the meridian 12° East with the parallel 6° South, thence due west along this parallel to the meridian 20° West, thence due south along this meridian to the parallel 50° South, thence due east along this parallel to the meridian 40° East, thence due north along this meridian to the coast of the African continent, thence in a westerly direction along this coast to the original point of departure.
2. The eastern boundary at the meridian 40° East shall be reviewed if a convention for the conservation of the living resources of the sea is established applying to an area immediately adjacent to that boundary.
Article II
Nothing in this Convention shall be considered as affecting the rights, claims or views of any Contracting Party in regard to the limits of the territorial sea or to the extent of jurisdiction over fisheries under international law.
Article III
This Convention shall apply to all fish and other living resources in the Convention Area, with the exception of any such resources as may be excluded pursuant to arrangements or agreements entered into by the Commission in accordance with paragraph 1 of Article XI of this Convention.
Article IV
The Contracting Parties hereby agree to establish and to maintain a Commission to be known as the International Commission for the Southeast Atlantic Fisheries, hereinafter referred to as the " Commission, " which shall carry out the functions set forth in this Convention.
Article V
1. The Commission shall hold a regular session at least once every two years. A special session shall be called at any time at the request of one Contracting Party provided that such request is supported by at least three other Contracting Parties.
2. Each of the Contracting Parties shall be represented on the Commission by not more than three Commissioners who may be accompanied by experts and advisers.
3. Each Contracting Party shall have one vote in the Commission. Except as may be otherwise provided in this Convention, decisions of the Commission shall be taken by a majority of two thirds of the Contracting Parties present and voting. Two thirds of the Contracting Parties shall constitute a quorum.
4. At each regular session the Commission shall elect from among the Commissioners the following officers: a Chairman, a First Vice-Chairman and a Second Vice-Chairman. These officers shall remain in office until the election of their successors at the next regular session and shall not be eligible to serve for more than two consecutive terms in the same office. A commissioner, when acting as Chairman, shall not vote.
5. The working languages of the Commission shall be English, French and Spanish.
6. The Commission shall adopt such rules of procedure and other internal administrative regulations as are necessary to carry out its functions. The rules of procedure of subsidiary bodies established by the Commission under Article VII may be adopted by such subsidiary bodies, but shall only enter into force upon approval by the Commission.
Article VI
1. In order to achieve the objectives set out in this Convention, the Commission shall be responsible for the study of all fish and other living resources in the Convention Area. Such study shall include research on the abundance, life history, biometry and ecology of these resources; and the study of their environment. In undertaking the study of these matters, the Commission shall collect, analyse, publish and disseminate, by all appropriate means, statistical, biological and other scientific information on the said resources.
2. The Commission, in carrying out its responsibilities shall, insofar as feasible, utilize the technical and scientific services of, and information from, official agencies of the Contracting Parties. The Commission may, when necessary, utilize other services and information, and may also undertake, within the limits of its supplementary budget, independent research to supplement the research being done by governments, national institutions or other international organizations.
3. The Contracting Parties shall furnish, on the request of the Commission, any available statistical and other data and information the Commission may need for the purposes of the Convention.
Article VII
1. The Commission may establish a Regional Committee for each of the regions into which the Convention Area may be divided on an ecological basis and a Stock Committee with respect to any stock to be found in the Convention Area. The Commission may also establish a Scientific Advisory Council, hereinafter referred to as the " Council. " The Commission may establish such other subsidiary bodies as are necessary for the performance of its functions, determining their composition and terms of reference in each case.
2. Regional Committees shall have the functions specified in this Article, except with respect to any stock for which a Stock Committee is competent.
3. A Regional or Stock Committee may initiate, on the basis of the results of scientific investigations, proposals regarding measures that are applicable to the region or stock for which it has been established and shall consider any proposals that may be referred to it by the Commission.
4. A Regional or Stock Committee may prepare draft recommendations for consideration by the Commission. The Commission may adopt such draft recommendations, with any amendments it may consider desirable, in accordance with Article VIII of this Convention.
5. The Commission shall designate the Contracting Parties that may be represented on a Regional or Stock Committee. However, when a Regional or Stock Committee is established a Contracting Party shall automatically have the right to be represented thereon if it fishes in the region; or if it exploits the stock concerned; or if it has a coastline adjacent to the region concerned or the area where the stock is to be found. If a Contracting Party exploits a stock outside the region covered by a Regional or Stock Committee, it may be eligible to be represented thereon if the Commission so decides.
6. The functions of the Council shall be to advise and assist the Commission and its Regional and Stock Committees with respect to the scientific aspects of their responsibilities.
7. Each Contracting Party may send a delegation of scientists to the Council composed of as many experts as it whishes. The Council may establish subsidiary bodies and determine their composition.
8. The Council may, with the concurrence of the Commission, invite other scientists or expert to participate in its deliberations in an advisory capacity.
9. The Council shall hold regular sessions whose timing shall be determined by the Commission in relation to its regular sessions. The Council may hold special sessions subject to the approval of the Commission.
Article VIII
1. The Commission may make, on its own initiative or on the proposal of a Regional or Stock Committee and on the basis of the results of scientific investigations, recommendations relating to the objectives of this Convention. These recommendations shall become binding on the Contracting Parties under the conditions laid down in Article IX.
2. The matters with respect to which the Commission may make recommendations shall be:
(a) the regulation of the sizes of mesh of fishing nets;
(b) the regulation of the size limits of fish that may be retained on board any fishing craft or landed, or exposed or offered for sale;
(c) the establishment of open and closed seasons;
(d) the establishment of open and closed areas;
(e) the regulation of fishing gear and appliances, other than regulation of the size of mesh of fishing nets;
(f) the improvement and the increase of living resources, which may include artificial propagation, the transplantation and acclimatization of organisms, the transplantation of young, and predator control;
(g) the regulation of the total catch by species, group of species or, if appropriate, by regions; and
(h) any other type of measure directly related to the conservation of all fish and other living resources in the Convention Area.
3. (a) If the Commission makes a recommendation under paragraph 2 (g) of this Article, it may invite the Contracting Parties concerned, as determined by the Commission, to elaborate agreements on the allocation of a total catch quota taking into account the fishing interests of all the countries concerned and ensuring, as far as possible, that all the countries concerned abide by the Commission's recommendation for a total catch quota and by any agreed allocation.
(b) the terms of any such agreement shall be reported by the Contracting Parties concerned to the Commission as soon as possible. Without prejudice to the binding force of such agreements on the parties thereto, the Commission may thereupon make recommendations, pursuant to paragraph 1 of this Article, on the subject matter of the said agreements.
4. The Commission shall notify all Contracting Parties of recommendations adopted by the Commission.
Article IX
1. Subject to the provisions of this Article, the Contracting Parties undertake to give effect to any recommendation adopted by the Commission in accordance with Article VIII.
2. Any Contracting Party may, within ninety days of notification of a recommendation, present an objection to it to the Commission and in that event shall not be under an obligation to give effect to the recommendation.
3. If an objection is presented within the ninety-day period referred to in the preceding paragraph any other Contracting Party may present an objection at any time within a further period of sixty days or within thirty days after notification of an objection presented by another Contracting Party made within the further sixty-day period.
4. If objections to a recommendation are presented by at least three Contracting Parties, all the other Contracting Parties shall be relieved forthwith of any obligation to give effect to that recommendation; nevertheless, any or all of them may agree among themselves to give effect to it.
5. Any Contracting Party which has presented an objection to a recommendation may at any time withdraw that objection and shall then, subject to the provisions of the preceding paragraph, give effect to the recommendation within ninety days.
6. The Commission shall notify all Contracting Parties of each objection or withdrawal immediately upon receipt thereof.
Article X
1. Without prejudice to the rights of States in the waters in which they are entitled under international law to exercise jurisdiction over fisheries, each Contracting Party shall take appropriate measures, in its territories and in these waters with respect to all persons and vessels, and beyond these waters with respect to its nationals and vessels, to ensure the implementation of the provisions of the present Convention and the recommendations of the Commission which have become binding on that Contracting Party, and to apply sanctions for the violation of such recommendations.
2. The Contracting Parties undertake to collaborate with each other with a view to the adoption of effective measures to ensure the implementation of this Convention and the achievement of its objectives.
3. In addition, the Contracting Parties undertake to collaborate with each other with a view to setting up, upon a recommendation by the Commission, a system of international enforcement of such recommendations as the Commission may select for inclusion under the said system, except in the waters in which a State is entitled under international law to exercise jurisdiction over fisheries. The adoption and implementation of such a recommendation shall be governed by Articles VIII and IX of this Convention.
4. The Contracting Parties shall transmit to the Commission, biennially, or at such times as may be required by the Commission, a statement of the action that they have taken pursuant to this Article.
Article XI
1. The Commission shall seek to conclude agreements and maintain working arrangements with other international organizations which have related objectives, and in particular the Food and Agriculture Organization of the United Nations, to ensure effective collaboration and coordination and to avoid duplication with respect to their work.
2. The Commission may invite any appropriate international organization and the Government of any State eligible to become a party to this Convention under Article XVII, but which is not a member of the Commission, to be represented in an observer capacity at sessions of the Commission or its subsidiary bodies.
Article XII
1. The Commission shall appoint an Executive Secretary on such conditions as it may determine.
2. The staff of the Commission shall be appointed by the Executive Secretary in accordance with such rules and on such conditions as may be determined by the Commission.
3. The Executive Secretary shall perform such functions as the Commission may prescribe, including the following:
(a) receiving and transmitting the Commission's official communications;
(b) preparing budget estimates for review by the Commission at its regular sessions;
(c) preparing for submission to the Commission at its regular sessions a report on the Commission's activities and the programme of work, and arranging for the subsequent publication of this report and the proceedings of the Commission;
(d) arranging for the collection and analysis of statistics and other data necessary to accomplish the purposes of this Convention;
(e) preparing for submission to the Commission, and for possible subsequent publication, reports on statistical, biological and other matters;
(f) authorizing the disbursement of funds in accordance with the Commission's budget;
(g) accounting for the funds of the Commission; and
(h) arranging for cooperation with international organizations as provided for under Article XI of this Convention.
Article XIII
1. At each regular session the Commission shall adopt a budget for the following fiscal period and budget estimates for the fiscal period following thereafter. The fiscal period shall be two years. However, should the Commission hold more than one regular session during a fiscal period, it may revise the current budget if required. Subject to the agreement of all Contracting Parties, the Commission may, at any session, adopt a supplementary budget.
2. The contributions to the budget and any supplementary budget to be paid by each Contracting Party shall be payable in such currency or currencies and at such time as the Commission shall decide.
3. The voting rights of any Contracting Party whose arrears of contributions equal or exceed its total contribution falling due in the preceding fiscal period shall be suspended unless the Commission decides otherwise.
4. The Commission may also accept from any private or public sources other contributions for the furtherance of its objectives. Such contributions shall be used and administered in accordance with rules to be adopted by the Commission.
5. The Commission shall arrange for an annual independent audit of its accounts to be made and submitted for review and approval by the Commission.
6. The Commission shall establish a Working Capital Fund to finance operations of the Commission prior to receiving annual contributions, and for such other purposes as the Commission may determine. The Commission shall fix the level of the Fund, assess advances necessary for its establishment, and adopt regulations governing its use.
Article XIV
The Commission shall calculate the contributions to be made by the Contracting Parties to the budget including any supplementary budget according to the following formula:
(a) One third of the total amount of the budget including any supplementary budget shall be contributed by the Contracting Parties in equal parts;
(b) Each Contracting Party shall contribute in respect of each Regional or Stock Committee of which it is a member an amount equivalent to one third of its contribution under subparagraph (a) above. This proportion shall be reduced, if necessary, in order that the total amount contributed by the Contracting Parties under this subparagraph shall not exceed one third of the total budget including any supplementary budget;
(c) Any remaining portion of the budget including any supplementary budget shall be contributed by each Contracting Party in the proportion that its nominal catch in the Convention Area bears to the aggregate nominal catch of all Contracting Parties in that Area. In computing this catch the Commission shall take into account all fishes, crustaceans, molluscs and other marine invertebrates, with the exception of such species as may be excluded from the application of this Convention in accordance with Article III. The catch shall be determined on the basis of the average for the last two calendar years for which statistics have been published by the Food and Agriculture Organization of the United Nations.
Article XV
1. The Commission shall determine where its seat shall be situated.
2. The Commission shall have legal personality. It shall, in particular, have capacity to contract, and to acquire and dispose of movable and immovable property.
Article XVI
The provisions of this Convention shall not apply to fishing operations conducted solely for the purpose of scientific investigations, by vessels authorized by a Contracting Party for that purpose, or to fish taken in the course of such operations. However, fish so taken shall not be sold, or exposed or offered for sale in violation of a recommendation of the Commission.
Article XVII
1. This Convention shall be open for signature by the Government of any State represented at the Conference which adopted the Convention, or by the Government of any other State which is a Member of the United Nations or of any specialized agency of the United Nations.
2. Signature of this Convention shall be subject to ratification, acceptance or approval.
3. Once this Convention has entered into force, any State referred to in paragraph I of this Article which has not signed the Convention or any other State unanimously invited by the Commission to become a party to the Convention may adhere to it.
4. Instruments of ratification, acceptance, approval or adherence shall be deposited with the Director-General of the Food and Agriculture Organization of the United Nations, hereinafter referred to as the " Depositary. "
5. Ratification, acceptance, approval or adherence may not be made subject to any reservation.
Article XVIII
1. This Convention shall enter into force on the thirtieth day following the date of deposit of at least four instruments of ratification, acceptance or approval, provided that the weight of the aggregate nominal catch in the Convention Area of the countries having deposited such instruments amounts to at least seven hundred thousand metric tons on the basis of the statistics published by the Food and Agriculture Organization of the United Nations for the year one thousand nine hundred and sixty-eight.
2. After the entry into force of this Convention in accordance with paragraph I of this Article, the Convention shall enter into force for each State whose Government deposits an instrument of ratification, acceptance, approval or adherence on the thirtieth day following the date on which such instrument is received by the Depositary.
Article XIX
1. Any Contracting Party may propose amendments to this Convention which shall be referred to the Commission for approval at a regular or special session. Proposals for the amendment of the Convention shall be communicated to the Depositary who shall inform the Contracting Parties thereof. Any amendment shall take effect for each Contracting Party accepting the amendment on the ninetieth day after its acceptance by three fourths of the Contracting Parties and thereafter for each remaining Contracting Party on the day on which the Depositary receives the notification of such acceptance.
2. Any State which becomes a Contracting Party after an amendment to this Convention has been proposed for acceptance pursuant to the provisions of this Article shall be bound by the Convention as amended when the said amendment comes into force.
Article XX
At any time after ten years from the date of entry into force of this Convention, any Contracting Party may withdraw from the Convention by giving written notification of withdrawal. Withdrawal shall take effect on December thirty-first of the calendar year following the year in which notification of withdrawal was communicated to the Depositary.
Article XXI
1. The Depositary shall inform the Governments of the States referred to in paragraphs 1 and 3 of Article XVII:
(a) of the signature of this Convention and of the deposit of instruments of ratification, acceptance, approval or adherence in accordance with Article XVII;
(b) of the date on which the Convention will come into force in accordance with paragraph 1 of Article XVIII.
2. The Depositary shall inform all Contracting Parties:
(a) of proposals for the amendment of the Convention, notification of acceptance of such amendments and the entry into force of amendments, in accordance with Article XIX;
(b) of notification of withdrawal made in accordance with Article XX.
3. The original of this Convention shall be deposited with the Depositary who shall send certified copies thereof to the Governments of the States eligible to become parties to this Convention in accordance with Article XVII.
DONE at Rome this twenty-third of October one thousand nine hundred and sixty-nine, in a single copy in the English, French and Spanish languages, each version being equally authoritative.
FAIT à Rome ce vingt-trois octobre mil neuf cent soixante-neuf en un seul exemplaire en langues anglaise, française et espagnole, les trois textes faisant également foi.
HECHO en Roma el día veintitrés de octubre de mil novecientos sesenta y nueve en una sola copia en los idiomas español, francés e inglés, siendo cada una de las versiones igualmente auténticas.
[Official English translation of country name]
JOHANNES JACOBUS KITSHOFF [1]
For the Republic of South Africa
23.10.69
ROLF LAHR
[For the Federal Republic of Germany]
23.10.69
MARCOS ANTONIO SANTANDER PÁEZ
JESÚS NARCISO ALVAREZ RODRÍGUEZ
23-10-69
[For the Republic of Cuba]
UMBERTO PORZIO
[For Italy]
23-10-1969
[For Portugal]
Captain JOAQUIN CARLOS ESTEVES CARDOSO
PEDRO GUERREIRO DA FRANCA
VASCO VALDEZ BANDEIRA
JOÃO SA COUTINHO SOTO MAIOR
23 October 1969
TOKICHI TAKANO
For Japan
9-2-1970
JUAN PABLO DE LOJENDIO E IRURE
[For Spain]
27.18.70
R. VAN HAUWERMEIREN
[For Belgium]
23/7/1970
NIKITA RYJOV
23/XII/70
Ambassador of the USSR in Italy
For the Union of Soviet Socialist Republics
ANNEX I
CONFERENCE OF PLENIPOTENTIARIES ON THE CONSERVATION OF THE LIVING RESOURCES OF THE SOUTHEAST ATLANTIC
Rome, Italy, 14 to 23 October 1969.
FINAL ACT
1. The Conference of the Food and Agriculture Organization of the United Nations, at its Fourteenth Session held in Rome in November 1967, authorized the Director-General of that Organization to call a Conference of Plenipotentiaries to prepare and adopt a Convention for the purpose of establishing a Commission for the conservation of the living resources of the Southeast Atlantic.
2. The Conference of Plenipotentiaries on the Conservation of the Living Resources of the Southeast Atlantic met at the Headquarters of the Food and Agriculture Organization of the United Nations in Rome from 14 to 23 October 1969.
3. The Governments of the following twelve States were represented: Belgium, Cuba, France, Germany (Federal Republic of), Italy, Japan, Korea (Republic of), Panama, Portugal, South Africa (Republic of), Spain, Togo.
4. The Governments of the following five States were represented by observers: Brazil, China (Republic of), Ecuador, Poland, United States of America.
5. The Honourable Vittorino Colombo, Minister of Merchant Marine of Italy, and Mr. Roy I. Jackson, Assistant Director-General (Fisheries) of the Food and Agriculture Organization of the United Nations, addressed the Conference.
6. The Conference elected Mr. R. A. Lagarde (France) as President.
7. The Conference elected as Vice-Presidents: Cuba, Italy, Japan, Korea (Republic of), Portugal, South Africa (Republic of), Spain.
8. The following committees were set up:
General Committee
Chairman: The President of the Conference
Main Committee
Chairman: Mr. G. Möcklinghoff (Federal Republic of Germany)
Drafting Committee
Chairman: Dr. O. Rodríguez Martín (Spain)
Credentials Committee
Chairman: H.E. René Van Hauwermeiren (Belgium)
9. The Director-General of the Food and Agriculture Organization of the United Nations was represented by Mr. F. E. Popper in his capacity as Secretary-General of the Conference.
10. The Conference had before it a draft Convention prepared by the Secretariat of the Food and Agriculture Organization of the United Nations and comments thereon submitted by Governments.
11. On the basis of its deliberations, the Conference prepared and opened for signature the Convention which is reproduced in Annex I hereto. The Convention will remain open for signature at the Headquarters of the Food and Agriculture Organization of the United Nations in Rome.
12. In addition, the Conference adopted the two Resolutions which are reproduced as Annexes II and III hereto.
IN WITNESS WHEREOF the following representatives have signed this Final Act:
For Belgium: R. VAN HAUWERMEIREN For Cuba: MARCOS ANTONIO SANTANDER PÁEZ JESÚS NARCISO ALVAREZ RODRÍGUEZ For France: ROGER LAGARDE For the Federal Republic of Germany: ROLF LAHR For Italy: UMBERTO PORZIO For Japan: TOKICHI TAKANO M. TAKASHIMA KYO ANDO For the Republic of Korea: JAE HUNG YU JU IN SONG For Portugal: JOAQUIM CARLOS ESTEVES CARDOSO PEDRO GUERREIRO DA FRANCA VASCO VALDEZ BANDEIRA JOÃO SA COUTINHO SOTO MAIOR For the Republic of South Africa: JOHANNES JACOBUS KITSHOFF For Spain: OLEGARIO RODRÍGUEZ MARTÍN A. FERNÁNDEZ GONZÁLEZ For Togo: G. SALAMI
DONE at Rome this twenty-third day of October one thousand nine hundred and sixty-nine in a single copy in the English, French and Spanish languages, each text being equally authentic. The original texts shall be deposited in the archives of the Food and Agriculture Organization of the United Nations.
ANNEX II
RESOLUTION No. 1
The Conference
Agreeing that it is highly desirable and necessary to establish machinery for adequate medical, technical and meteorological services for the protection of the fishermen working on board fishing vessels on the high seas in the area covered by the Convention on the Conservation of the Living Resources of the Southeast Atlantic;
Considering that, in the opinion of the Delegates present, it is possible and desirable to create an international system which would provide an effective solution to the problems of deep-sea fishermen, in the Convention Area, with regard to cases of acute illness or the consequences of accidents or other perils to which fishermen may fall victim;
Suggests to all countries adjoining the Southeast Atlantic area or having fisheries interests therein, and who are eligible to become members of the Commission under the above-mentioned Convention, that they should collaborate, in conjunction with any specialized agencies of the United Nations which they deem appropriate, in establishing an international service for the protection of fishermen working in the Convention Area; and further
Invites the member countries of the Commission to develop a plan designed to meet the aims set forth in this Resolution.
ANNEX III
RESOLUTION No. 2
The Conference
Noting that certain stocks in the Convention Area appear to be heavily exploited, as described in Supplement 1 to the Report of the fifth session (July 1968) of the FAO Advisory Committee on Marine Resources Research (ACMRR), and that measures to conserve these stocks are becoming urgently needed;
Recognizing that the formulation of necessary measures should be based on sound scientific advice, and that such advice is best obtained from working parties of scientists in which the expertise and data from all countries can be combined;
Noting that the studies reported in the above-mentioned ACMRR Report were based on data not more recent than 1967, and that the proposed Commission on the Conservation of the Living Resources of the Southeast Atlantic will not itself be able to set up such a group for some time;
Believing that it would greatly assist the proposed Commission at its first session if a similar group could meet and prepare a further report on the state of the stocks and on the effect of possible regulatory measures, for submission to member countries in advance of the first session;
Urges all countries that are eligible to become a party to the Convention that exploit the resources of the Southeast Atlantic to facilitate the attendance of suitable experts, and to arrange for the submission of statistical and other material; and
Invites the Director-General of the Food and Agriculture Organization of the United Nations to consult with all the countries invited to participate in the Conference with a view to his providing facilities for the holding of a meeting in Rome, as soon as possible after the first session of the International Commission for the Conservation of Atlantic Tunas, 1-6 December 1969.
DECLARATION MADE UPON APPROVAL OF THE CONVENTION BY THE UNION OF SOVIET SOCIALIST REPUBLICS
[Official English Translation of Declaration made by the Union of Soviet Socialist Republics]
Signing the Convention on the Conservation of the Living Resources in the Southeast Atlantic, the Union of Soviet Socialist Republics considers it necessary to declare that the statements contained in Article XVII of the Convention according to which a number of States are deprived of the possibility of becoming participants in the Convention are of discriminative nature. The USSR believes that in conformity with the principle of sovereign equality of States the Convention has to be open to participation of all the States concerned without any discrimination or limitation.
