2001/319/EC: Council Decision of 29 January 2001 on the signing, on behalf of the European Community, of the Convention on the conservation and management of fishery resources in the South-East Atlantic Ocean
Date: 2001-01-29
Institutions: Council of the European Union
Subjects: Atlantic Ocean, conservation of fish stocks, fishery management, fishing area, international convention, the EU's international role

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 29 January 2001

on the signing, on behalf of the European Community, of the Convention on the conservation and
management of fishery resources in the South-East Atlantic Ocean

(2001/319/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 in conjunction with
the first sentence of the first subparagraph of Article 300(2)
thereof,

Having regard to the proposal from the Commission,

resources in the Convention Area through the effective
implementation of the Convention.

(6)

Community fishermen fish stocks in the Convention
Area and it is in the Community's interest to play an
effective role in the implementation of the Convention.
It is therefore necessary for the Community to sign the
Convention,

Whereas:

(1)

(2)

(3)

(4)

The Community is competent to adopt measures for the
conservation and management of fisheries resources and
to enter into agreements with other countries and inter-
national organisations.

The Community is a Contracting Party to the United
Nations Convention on the Law of
the Sea, which
requires all members of the international community to
cooperate in conserving and managing the sea's biolog-
ical resources.

The Community has signed the Agreement on the
implementation of the provisions of the United Nations
Convention on the Law of the Sea of 10 December
1982, relating to the Conservation and Management of
Straddling Fish Stocks and Highly Migratory Fish
Stocks (1).

The seventh meeting of the coastal States and other
parties interested in the future Convention on the
conservation and management of fishery resources in
the South-East Atlantic Ocean presented a draft
Convention.

(5)

The objective of this Convention is to ensure the long-
term conservation and sustainable use of the fishery

HAS DECIDED AS FOLLOWS:

Article 1

The signature of
the Convention on the conservation and
management of fishery resources in the South-East Atlantic
Ocean is hereby approved on behalf of
the European
Community, subject to the Council Decision concerning the
conclusion of the said Convention.

The text of the Convention is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Convention on behalf of
the Community, subject to its conclusion.

Done at Brussels, 29 January 2001.

For the Council

The President

M. WINBERG

(1) OJ L 189, 3.7.1998, p. 16.

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ANNEX

CONVENTION ON THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES IN THE
SOUTH-EAST ATLANTIC OCEAN

The Contracting Parties to this Convention,

COMMITTED to ensuring the long term conservation and sustainable use of all living marine resources in the South-East
Atlantic Ocean, and to safeguarding the environment and marine ecosystems in which the resources occur;

RECOGNISING the urgent and constant need for effective conservation and management of the fishery resources in the
high seas of the South-East Atlantic Ocean;

RECOGNISING THE RELEVANT PROVISIONS of the United Nations Convention on the Law of the Sea of 10 December
1982; the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea
of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks, 1995; and taking into account the FAO Agreement to Promote Compliance with International Conservation and
Management Measures by Fishing Vessels on the High Seas, 1993 and the FAO Code of Conduct for Responsible
Fisheries, 1995;

RECOGNISING the duties of States to cooperate with each other in the conservation and management of living resources
in the South-East Atlantic Ocean;

DEDICATED to exercising and implementing the precautionary approach in the management of fishery resources, in line
with the principles set out in the Agreement for the Implementation of the Provisions of the United Nations Convention
on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and
Highly Migratory Fish Stocks, 1995, and with the FAO Code of Conduct for Responsible Fisheries, 1995;

RECOGNISING that the long term conservation and sustainable use of high seas fishery resources require cooperation
among States through appropriate subregional or regional organisations which agree upon the measures necessary for this
purpose;

COMMITTED to responsible fisheries;

NOTING that the coastal States have established areas of national jurisdiction in accordance with the United Nations
Convention on the Law of the Sea of 10 December 1982, and general principles of international law within which they
exercise sovereign rights for the purpose of exploring and exploiting, conserving and managing living marine resources;

DESIRING cooperation with the coastal States and with all other States and Organisations having a real interest in the
fishery resources of the South-East Atlantic Ocean to ensure compatible conservation and management measures;

RECOGNISING economic and geographical considerations and the special requirements of developing States, and their
coastal communities, for equitable benefit from living marine resources;

CALLING upon States which are not Contracting Parties to this Convention, and which do not otherwise agree to apply
the conservation and management measures adopted under this Convention, not to authorise vessels flying their flags to
engage in fishing for the resources which are the subject of this Convention;

CONVINCED that the establishment of an organisation for the long term conservation and sustainable use of the fishery
resources in the South-East Atlantic Ocean would best serve these purposes;

BEARING IN MIND that the achievements of the above will contribute to the realisation of a just and equitable economic
order in the interests of all humankind, and in particular the special

interests and needs of developing States,

HAVE AGREED AS FOLLOWS:

Article 1

Use of terms

to the Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks, 1995;

For the purposes of this Convention:

(a)

‘1982 Convention’ means the United Nations Convention
on the Law of the Sea of 10 December 1982;

(c)

‘Coastal State’ means any Contracting Party with waters
under national
to the
Convention Area;

jurisdiction which are adjacent

(b)

‘1995 Agreement’ means the Agreement for the Imple-
mentation of the Provisions of the United Nations Conven-
tion on the Law of the Sea of 10 December 1982 relating

(d)

‘Commission’ means
Commission established pursuant to Article 5;

the South-East Atlantic Fisheries

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(e)

(f)

(g)

‘Contracting Party’ means any State or regional economic
integration organisation which has consented to be bound
by this Convention, and for which the Convention is in
force;

‘Control measure’ means any decision or action adopted
by the Commission regarding observation,
inspection,
compliance and enforcement pursuant to Article 16;

‘Fisheries management organisation’ means any intergov-
ernmental organisation which has competence to take
regulatory measures in relation to living marine resources;

(h)

‘Fishing’ means:

(n)

(o)

(p)

‘Living marine resources’ means all living components of
including seabirds;
marine ecosystems,

‘Regional economic integration organisation’ unless other-
wise specified, means a regional economic integration
organisation to which all its member States have trans-
ferred competence over matters covered by this Conven-
tion, including the authority to make decisions binding on
its member States in respect of those matters; and

‘Transshipment’ means unloading of all or any of the
fishery resources on board a fishing vessel to another
fishing vessel either at sea or in port without the products
having been recorded by a port State as landed.

(i)

the actual or attempted searching for, catching, taking
or harvesting of fishery resources;

(ii) engaging in any activity which can reasonably be
expected to result in the locating, catching, taking or
for any purpose
harvesting of
including scientific research;

fishery resources

(iii) placing, searching for or recovering any aggregating
device for fishery resources or associated equipment
including radio beacons;

(iv) any operation at sea in support of, or in preparation
for, any activity described in this definition, except for
any operation in emergencies involving the health and
safety of crew members or the safety of a vessel; or

(v)

the use of an aircraft
in relation to any activity
described in this definition except for flights in emer-
safety of crew
involving the health or
gencies
members or the safety of a vessel;

(i)

(j)

(k)

‘Fishing entity’ means any fishing entity referred to in
Article 1 paragraph 3 of the 1995 Agreement;

‘Fishing vessel’ means any vessel used or intended for use
for the purposes of the commercial exploitation of fishery
resources,
ships, any other vessels
directly engaged in such fishing operations, and vessels
engaged in transshipment;

including mother

‘Fishing research vessel’ means any vessel engaged in
fishing, as defined in point
for scientific research
purposes, including permanent research vessels or vessels
normally engaged in commercial fishing operations, or
fishing support activities;

(h),

(l)

‘Fishery resources’ means resources of fish, molluscs, crus-
taceans and other sedentary species within the Convention
Area, excluding:

(i)

sedentary species subject to the fishery jurisdiction of
coastal States pursuant to Article 77 paragraph 4 of
the 1982 Convention; and

(ii) highly migratory species listed in Annex I of the 1982

Convention;

(m) ‘Flag State’ means, unless otherwise indicated:

Article 2

Objective

The objective of this Convention is to ensure the long-term
conservation and sustainable use of the fishery resources in the
Convention Area through the effective implementation of this
Convention.

Article 3

General principles

In giving effect
the
Contracting Parties, where appropriate through the Organ-
isation, shall,

to the objective of

this Convention,

in particular:

(a) adopt measures, based on the best scientific evidence avail-
able, to ensure the long term conservation and sustainable
use of
the fishery resources to which this Convention
applies;

(b) apply the precautionary approach in accordance with

Article 7;

(c) apply the provisions of this Convention relating to fishery
resources, taking due account of the impact of
fishing
operations on ecologically related species such as seabirds,
cetaceans, seals and marine turtles;

(d) adopt, where necessary, conservation and management
measures for species belonging to the same ecosystem as,
or associated with or dependent upon, the harvested fishery
resources;

(e) ensure that fishery practices and management measures
take due account of the need to minimise harmful impacts
on living marine resources as a whole; and

(f) protect biodiversity in the marine environment.

Article 4

Geographical application

(i) a state whose vessels are entitled to fly its flag; or

(ii) a regional economic integration organisation in which
vessels are entitled to fly the flag of a member State of
that regional economic integration organisation;

Except as otherwise provided, this Convention applies within
the Convention Area, being all waters beyond areas of national
jurisdiction in the area bounded by a line joining the following
points along parallels of latitude and meridians of longitude:

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— beginning at the outer limit of waters under national juris-
diction at a point 6° South, thence due west along the 6°
South parallel to the meridian 10° West, thence due north
along the 10° West meridian to the equator, thence due
west along the equator to the meridian 20° West, thence
due south along the 20° West meridian to a parallel 50°
South, thence due east along the 50° South parallel to the
meridian 30° East, thence due north along the 30° East
meridian to the coast of the African continent.

Article 5

The Organisation

1.
The Contracting Parties hereby establish and agree to
maintain the South-East Atlantic Fisheries Organisation, herein
‘the Organisation’.

2.

The Organisation shall comprise:

(a) the Commission;

(b) the Compliance and Scientific Committees, as subsidiary
bodies, and any other subsidiary bodies that the Commis-
sion shall establish from time to time to assist in meeting
the objective of this Convention; and

(c)

the Secretariat.

3.
The Organisation shall have legal personality and shall
enjoy in the territory of each of the Contracting Parties such
legal capacity as may be necessary to perform its functions and
achieve the objective of this Convention. The privileges and
immunities to be enjoyed by the Organisation and its staff in
the territory of a Contracting Party shall be determined by
agreement between the Organisation and the Contracting Party
concerned.

(c) determine total allowable catches and/or levels of fishing
effort, taking into account total fishing mortality, including
of non-target species;

(d) determine the nature and extent of participation in fishing;

(e) keep under review the status of stocks and gather, analyse

and disseminate relevant information on stocks;

(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;

(g) manage stocks on the basis of the precautionary approach

to be developed in accordance with Article 7;

(h) establish appropriate cooperative mechanisms for effective
monitoring, control, surveillance and enforcement;

(i)

(j)

adopt measures concerning control and enforcement
within the Convention Area;

develop measures for the conduct of fishing for scientific
research purposes;

(k) develop rules for the collection, submission, verification of,

access to and use of data;

(l)

compile and disseminate accurate and complete statistical
data to ensure that the best scientific advice is available,
while maintaining confidentiality, where appropriate;

(m) direct the Compliance and Scientific Committees, other

subsidiary bodies, and the Secretariat;

(n) approve the budget of the Organisation; and

(o) carry out such other activities as may be necessary to fulfil

its functions.

The official languages of the Organisation shall be English

4.
and Portuguese.

4.

The Commission shall adopt its rules of procedure.

The headquarters of the Organisation shall be established

5.
in Namibia.

Article 6

The Commission

Each Contracting Party shall be a member of

1.
Commission.

the

Each member shall appoint one representative to the
2.
Commission who may be accompanied by alternate representa-
tives and advisers.

3.

The functions of the Commission shall be to:

(a)

identify conservation and management needs;

(b)

formulate and adopt conservation and management meas-
ures;

The Commission shall adopt measures,

5.
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.

6.
The Commission shall take full account of the recom-
mendations 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.

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.

The measures referred to in paragraph 3 may include the

8.
following:

(a)

the quantity of any species which may be caught;

(b) the areas and periods in which fishing may occur;

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(c)

the size and sex of any species which may be taken;

(d) the fishing gear and technology which may be used;

(e)

the level of fishing effort, including vessel numbers, types
and sizes, which may be used;

(f)

the designation of regions and sub-regions;

(g) other measures regulating fisheries with the objective of

protecting any species; and

(h) other measures the Commission considers necessary to

meet the objective of this Convention.

Conservation and management and control measures
9.
adopted by the Commission in accordance with this Conven-
tion shall become effective in accordance with Article 23.

Taking account of Articles 116-119 of

10.
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.

11.
The Commission shall draw the attention of all
Contracting Parties to any activity which in the opinion of the
Commission undermines:

(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

(b) the compliance of that Contracting Party with its obliga-

tions under this Convention.

The Commission shall take account of measures estab-
12.
lished 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 consis-
tency with such measures.

13.
If the Commission determines that a Contracting Party
has ceased to participate in the work of the Organisation, the
Commission shall
Party
concerned and may take a decision to address the matter, as it
deems appropriate.

consult with the Contracting

Article 7

Application of the precautionary approach

1.
The Commission shall apply the precautionary approach
widely to conservation and management and exploitation of
fishery resources in order to protect
those resources and
preserve the marine environment.

2.
The Commission shall be more cautious when informa-
tion is uncertain, unreliable or inadequate. The absence of
adequate scientific information shall not be used as a reason for
postponing or failing to take conservation and management
measures.

3.
In implementing this article, the Commission shall take
cognisance of best international practices regarding the applica-
tion of the precautionary approach, including Annex II of the

1995 Agreement and the FAO Code of Conduct for Respon-
sible Fisheries, 1995.

Article 8

Meetings of the Commission

The Commission shall hold an annual meeting and any

1.
other meetings as deemed necessary.

The first meeting of the Commission shall be held within
2.
this Convention,
the entry into force of
three months of
provided that among the Contracting Parties there are at least
two States conducting fishing activities in the Convention Area.
The first meeting shall, in any event, be held within six months
of the entry into force of the Convention. The Government of
Namibia shall consult with the Contracting Parties regarding
the first Commission meeting. The provisional agenda shall be
communicated to each signatory and Contracting Party not less
than one month before the date of the meeting.

3.
The first meeting of the Commission shall, inter alia, give
priority consideration to the costs associated with implementa-
tion of the Annex by the Secretariat and measures to fulfil the
functions of the Commission set out in Article 6.3(k) and (l).

4.
The first meeting of the Commission shall be held at the
headquarters of the Organisation. Thereafter, meetings of the
Commission shall be held at
the headquarters, unless the
Commission decides otherwise.

5.
The Commission shall elect from among the representa-
tives of the Contracting Parties a chairperson and vice chair-
person, each of whom shall serve for a term of two years and
shall be eligible for re-election for one additional term of two
years. The first chairperson shall be elected at the first meeting
of the Commission for an initial term of three years. The
chairperson and vice chairperson shall not be representatives of
the same Contracting Party.

6.
The Commission shall adopt rules of procedure to govern
the participation of representatives from non-Parties to this
Convention as observers.

7.
The Commission shall adopt rules of procedure to govern
the participation of representatives from inter-governmental
organisations as observers.

Representatives

8.
from non-governmental organisations
concerned with the stocks found in the Convention Area shall
be given the opportunity to participate as observers in the
meetings of the Organisation, subject to rules adopted by the
Commission.

9.
The Commission shall adopt rules to govern such partici-
pation and to provide for transparency in the activities of the
Organisation. The rules shall not be unduly restrictive in this
respect and shall provide for timely access to records and
reports of the Organisation, subject to the procedural rules on
access to them. The Commission shall adopt such rules of
procedure as soon as possible.

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The Contracting Parties may decide, by consensus, to
10.
invite representatives from non-parties to this Convention and
from intergovernmental organisations to participate as obser-
vers until the rules regarding such participation are adopted by
the Commission.

Article 9

The Compliance Committee

1.
Each Contracting Party shall be entitled to appoint one
representative to the Compliance Committee who may be
accompanied by alternate representatives and advisers.

2.
Unless otherwise decided by the Commission, the func-
tions 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.

3.
In performing its functions, the Compliance Committee
shall conduct activities as the Commission may direct and shall:

(a) coordinate compliance activities undertaken by or on

behalf of the Organisation;

(b) coordinate with the Scientific Committee on matters of

common concern; and

(c) perform such other tasks as directed by the Commission.

The Compliance Committee shall meet as deemed neces-

4.
sary by the Commission.

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 amend-
ments thereto shall be approved by the Commission. The rules
shall
the presentation of minority
reports.

include procedures for

6.
The Compliance Committee may establish, with the
approval of the Commission, such subsidiary bodies as are
necessary for the performance of its functions.

Article 10

The Scientific Committee

1.
Each Contracting Party shall be entitled to appoint one
representative to the Scientific Committee who may be accom-
panied by alternate representatives and advisers.

The Scientific Committee may seek expert advice as

2.
required on an ad hoc basis.

3.
The functions of the Scientific Committee shall be to
provide the Commission with scientific advice and recommen-
dations 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.

In performing its functions, the Scientific Committee shall
4.
conduct such activities as the Commission may direct and shall:

(a) consult, cooperate and encourage the collection, study and
to the living marine

exchange of
information relevant
resources of the Convention Area;

(b) establish criteria and methods to be used in determining

conservation and management measures;

(c) assess the status and trends of relevant populations of

living marine resources;

(d) analyse data on the direct and indirect effects of fishing and
other human activities on populations of fishery resources;

(e) assess the potential effects of proposed changes in the
methods or levels of fishing and of proposed conservation
and management measures; and

(f)

transmit reports and recommendations to the Commission
as directed, or on its own initiative, regarding conservation
and management measures and research.

In carrying out its functions, the Scientific Committee
5.
shall seek to take into consideration the work of other fisheries
management organisations, as well as other technical and
scientific bodies.

6.
The first meeting of the Scientific Committee shall be
held within three months of the first meeting of the Commis-
sion.

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 amend-
ments thereto shall be approved by the Commission. The rules
the presentation of minority
shall
reports.

include procedures for

8.
The Scientific Committee may establish, with the
approval of the Commission, such subsidiary bodies as are
necessary for the performance of its functions.

Article 11

The Secretariat

1.
The Commission shall appoint an Executive Secretary
according to such procedures and on such terms and condi-
tions as the Commission may determine.

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.

3.
The Commission shall authorise such staff for the Secre-
tariat as may be necessary and the Executive Secretary shall
appoint, direct and supervise such staff according to staff regu-
lations approved by the Commission.

The Executive Secretary and the Secretariat shall perform

4.
the functions delegated to them by the Commission.

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Article 12

Finance and budget

At each annual meeting, the Commission shall adopt the
1.
Organisation's budget. In determining the size of the budget,
the Commission shall give due consideration to the principle of
cost effectiveness.

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.

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.

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.

5.
The Commission may request and accept financial contri-
butions and other forms of assistance from organisations, indi-
viduals and other sources for purposes connected with the
fulfilment of its functions.

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.

Each Contracting Party shall meet

its own expenses
7.
arising from attendance at meetings of the bodies of the Organ-
isation.

Unless otherwise decided by

a
8.
Contracting Party that is in arrears with its payment of any
monies owing to the Organisation by more than two years:

the Commission,

(a) shall not participate in the taking of any decisions by the

Commission; and

(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.

Article 13

Contracting Party obligations

Each Contracting Party shall, in respect of its activities

1.
within the Convention Area:

(a) collect and exchange scientific, technical and statistical data
with respect to fisheries resources covered by this Conven-
tion;

(b) ensure that data are collected in sufficient detail to facilitate
effective stock assessment and are provided in a timely
manner to fulfil the requirements of the Commission;

(c)

take appropriate measures to verify the accuracy of such
data;

(d) provide annually to the Organisation such statistical,
biological and other data and information as the Commis-
sion may require;

(e) provide to the Organisation in the manner and at such
intervals as may be required by the Commission, informa-
tion concerning its fishing activities, including fishing areas
and fishing vessels in order to facilitate the compilation of
reliable catch and effort statistics; and

(f) provide to the Commission at such intervals as it may
require information on steps taken to implement
the
conservation and management measures adopted by the
Commission.

2.
Each coastal State shall, in respect of activities that occur
in its area of national jurisdiction relating to straddling stocks
of fishery resources, provide to the Organisation data required
in accordance with paragraph 1.

Each Contracting Party shall promptly implement this
3.
Convention and any conservation, management and other
measures or matters which may be agreed by the Commission.

Each Contracting Party shall take appropriate measures,
4.
in accordance with the measures adopted by the Commission
and international law, in order to ensure the effectiveness of
the measures adopted by the Commission.

5.
Each Contracting Party shall transmit to the Commission
an annual statement of implementing and compliance meas-
ures, including imposition of sanctions for any violations, it
has taken in accordance with this Article.

6.

(a) Without prejudice to the primacy of the responsibility
of the flag State, each Contracting Party shall, to the
greatest extent possible, take measures, or cooperate,
to ensure that its nationals fishing in the Convention
Area and its industries comply with the provisions of
this Convention. Each Contracting Party shall, on a
regular basis, inform the Commission of such meas-
ures taken.

(b) Fishing opportunities granted to the Contracting
Parties by the Commission shall be exercised exclu-
sively by vessels flying the flag of Contracting Parties.

7.
Each coastal State shall regularly inform the Organisation
of the measures they have adopted for fishery resources within
areas of water under their national jurisdiction adjacent to the
Convention Area.

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Each Contracting Party shall fulfil in good faith the obli-
8.
gations assumed under this Convention and shall exercise the
rights recognised in this Convention in a manner which would
not constitute an abuse of rights.

Article 14

Flag State duties

1.
Each Contracting Party shall take such measures as may
be necessary to ensure that vessels flying its flag comply with
the conservation and management and control measures
adopted by the Commission and that they do not engage in
any activities which undermine the effectiveness of such meas-
ures.

Each Contracting Party shall authorise the use of vessels
2.
flying its flag for fishing in the Convention Area only where it
is able to exercise effectively its responsibilities in respect of
such vessels under this Convention.

3.
Each Contracting Party shall take appropriate measures in
respect of vessels flying its flag which are in accordance with
measures adopted by the Commission and which give effect
thereto, and which take account of existing international prac-
tices. These measures shall

inter alia:

include,

(a) measures to ensure that a flag State investigates imme-
diately and reports fully on actions taken in response to an
alleged violation by a vessel flying its flag of measures
adopted by the Commission;

(b) control of such vessels in the Convention Area by means of

fishing authorisation;

(c) establishment of a national record of fishing vessels author-
ised to fish in the Convention Area and provision for
sharing this information with the Commission on a regular
basis;

(d) requirements for marking of fishing vessels and fishing gear

for identification;

(e) requirements for recording and timely reporting of vessel
target and non-target species, catch
position, catch of
landed, catch transhipped, fishing effort and other relevant
fisheries data;

(f)

regulation of transhipment to ensure that the effectiveness
of conservation and management measures is not under-
mined;

(g) measures

to permit access by observers

from other
Contracting Parties to carry out functions as agreed by the
Commission; and

(h) measures to require the use of a vessel monitoring system

as agreed by the Commission.

4.
Each Contracting Party shall ensure that vessels flying its
flag do not undermine measures agreed by the Commission
through unauthorised fishing within areas adjacent
to the
Convention Area on stocks occurring in the Convention Area
and the adjacent area.

Article 15

Port State duties and measures taken by a port State

1. Measures taken by a port State in accordance with this
Convention shall take full account of the right and the duty of
a port State to take measures, in accordance with international
law, to promote the effectiveness of subregional, regional and
global conservation and management measures.

2.
Each Contracting Party shall, in accordance with meas-
ures agreed by the Commission, inter alia, inspect documents,
fishing gear and catch on board fishing vessels, when such
vessels are voluntarily in its ports or at its offshore terminals.

3.
Each Contracting Party shall, in accordance with meas-
ures agreed by the Commission, adopt regulations in accord-
ance with international law to prohibit landings and transship-
ments by vessels flying the flag of non-parties to this Conven-
tion where it has been established that the catch of a stock
covered by this Convention has been taken in a manner which
undermines the effectiveness of conservation and management
measures adopted by the Commission.

4.
In the event that a port State considers that there has
been a violation by a Contracting Party vessel of a conservation
and management or control measure adopted by the Commis-
sion, the port State shall draw this to the attention of the flag
State concerned and, as appropriate, the Commission. The port
State shall provide the flag State and the Commission with full
documentation of the matter, including any record of inspec-
tion. In such cases, the flag State shall transmit to the Commis-
sion details of actions it has taken in respect of the matter.

5.
Nothing in this article affects the exercise by States of
their sovereignty over ports in their territory in accordance
with international

law.

6.
accordance with international

All measures taken under this article shall be taken in
law.

Article 16

Observation, inspection, compliance and enforcement

1.
The Contracting Parties, through the Commission, shall
establish a system of observation, inspection, compliance and
enforcement, hereafter ‘the System’, to strengthen the effective
exercise of flag State responsibility by Contracting Parties for
fishing vessels and fishing research vessels flying their flags in
the Convention Area. The major purpose of the System is to
ensure that Contracting Parties effectively discharge their obli-
gations under this Convention and, where applicable, under the
in order to ensure compliance with the
1995 Agreement,
conservation and management measures
agreed by the
Commission.

2.
guided,

In establishing the System,

the Commission shall be

inter alia, by the following principles:

(a)

fostering of cooperation among Contracting Parties to
ensure effective implementation of the System;

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(b) a System which is impartial and non-discriminatory in

Article 17

nature;

(c) verification of compliance with conservation and manage-

ment measures agreed by the Commission; and

(d) prompt action on reports of infringements in contraven-

tion of measures agreed by the Commission.

In applying these principles the System shall, inter alia,

3.
comprise the following elements:

(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;

(b) an inspection programme, both at

sea and in port,
for boarding and inspection of

including procedures
vessels, on a reciprocal basis;

(c) an observer programme based on common standards for
the conduct of observation, including,
inter alia, arrange-
ments 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

(d) procedures for the follow-up on infringements detected
under the System,
investigation,
reporting procedures, notification of proceedings and sanc-
tions, and other enforcement actions.

including standards of

The System shall have a multilateral and integrated

4.
character.

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 Commission
decides otherwise.

the System or until

the entry into force of

If, within two years of

6.
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 inspec-
tion procedures in order to strengthen the effective discharge
by Contracting Parties of their obligations under this Conven-
tion and where applicable, under the 1995 Agreement. A
special meeting of the Commission may be convened for this
purpose.

Decision making

Decisions of the Commission on matters of substance
1.
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.

Decisions on matters other than those referred to in
the

2.
paragraph 1 shall be taken by a simple majority of
Contracting Parties present and voting.

In the taking of decisions pursuant to this Convention, a
3.
regional economic integration organisation shall have only one
vote.

Article 18

Cooperation with other organisations

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.

The Organisation shall

2.
seek to develop cooperative
working relationships with other inter-governmental organ-
isations 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.

3.
The Commission may enter into agreements with the
organisations referred to in this article and with other organ-
isations 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.

In the application of Articles 2 and 3 of this Convention
4.
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.

Article 19

Compatibility of conservation and management measures

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 compat-
ible measures in respect of such stocks of fisheries resources as
occur in the Convention area and in areas under the jurisdic-
tion 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.

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For the purpose of paragraph 1, the coastal States and the
2.
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.

3.
Each Contracting Party shall keep the Commission
informed of its measures and decisions taken in accordance
with this Article.

Article 20

Fishing opportunities

1.
In determining the nature and extent of participatory
rights in fishing opportunities, the Commission shall take into
account,

inter alia:

(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;

(b) respective interests, past and present

fishing patterns,
including catches, and practices in the Convention Area;

(c)

the stage of development of a fishery;

(d) the interests of developing States in whose areas of national

jurisdiction the stocks also occur;

(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;

(f) contributions

to new or exploratory fisheries,

taking
account of the principles set out in Article 6.6 of the 1995
Agreement;

(g) the needs of coastal

fishing communities which are
dependent mainly on fishing for the stocks in the South-
East Atlantic; and

(h) the needs of coastal States whose economies are over-
fishery

whelmingly dependent on the exploitation of
resources.

In applying the provisions of paragraph 1, the Commis-

2.
sion may,

inter alia:

(a) designate annual quota allocations or effort limitations for

Contracting Parties;

(b) allocate catch quantities for exploration and scientific

research; and

tion of, and compliance with, conservation and management
measures by Contracting Parties.

Article 21

Recognition of the special requirements of developing
States in the region

1.
The Contracting Parties shall give full recognition to the
special requirements of developing States in the region in rela-
tion to conservation and management of fishery resources and
the development of such resources.

2.
In giving effect to the duty to cooperate in the establish-
ment of conservation and management measures for stocks
covered by this Convention, the Contracting Parties shall take
the special requirements of such developing
into account
States,

in particular:

(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;

(b) the need to avoid adverse impacts on, and ensure access to
fisheries by, subsistence, small-scale and artisanal fishers
and women fishworkers; and

(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.

3.
The Contracting Parties shall cooperate through the
Commission and other subregional or regional organisations
involved in the management of fishery resources:

(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

(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 accord-
ance with this Convention.

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:

(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;

(c) set aside fishing opportunities for non-parties to this

Convention,

if necessary.

(b) stock assessment and scientific research; and

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 implementa-

(c) monitoring, control, surveillance, compliance and enforce-
ment, including training and capacity-building at the local
level, development and funding of national and regional
observer programmes and access to technology and equip-
ment.

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Article 22

Non-Parties to this Convention

(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;

The Contracting Parties shall, either directly or through
1.
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.

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.

The Contracting Parties may, either directly or through
3.
the Commission, take measures, which are consistent with
international law, and which they deem necessary and appro-
priate, 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.

individually or

The Contracting Parties shall,

4.
jointly,
fishing entities which have fishing vessels in the
request
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.

Article 23

Implementation

1.
Conservation and management and control measures
adopted by the Commission shall become binding on the
Contracting Parties in the following manner:

(a) the Executive Secretary shall notify promptly in writing all
Contracting Parties of such a measure following its adop-
tion by the Commission;

(c)

if a Contracting Party, within 60 days following the noti-
fication specified in subparagraph (a), notifies the Commis-
sion that it is unable to accept a measure, that measure
to the extent stated, be binding upon that
shall not,
remain
Contracting Party; however,
binding on all other Contracting Parties unless
the
Commission decides otherwise;

the measure shall

(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:

(i)

the Contracting Party considers that the measure is
inconsistent with the provisions of this Convention;

(ii)

the Contracting Party cannot practicably comply with
the measure;

(iii) the measure unjustifiably discriminates in form or in

fact against the Contracting Party; or

(iv) other special circumstances apply;

(e)

the Executive Secretary shall promptly circulate to all
Contracting Parties details of any notification and explana-
tion received in accordance with subparagraphs (c) and (d);

(f)

in the event that any Contracting Party invokes the proce-
dure 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

(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 accord-
ance with Article 24 to make recommendations on any
interim measures following the invocation of the proced-
ures 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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Any Contracting Party which invokes the procedure set
2.
out in paragraph 1 may at any time withdraw its notification
of non-acceptance and become bound by the measure imme-
diately if it is already in effect or at such time as it may come
into effect under this article.

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.

Article 24

Dispute settlement

The Contracting Parties shall cooperate in order

1.
prevent disputes.

to

2.
If any dispute arises between two or more Contracting
Parties concerning the interpretation or implementation of this
those Contracting Parties shall consult among
Convention,
themselves with a view to resolving the dispute, or to having
the dispute resolved by negotiation, inquiry, mediation, conci-
liation, arbitration, judicial settlement or other peaceful means
of their own choice.

In cases where

3.
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 estab-
lished in accordance with procedures adopted by the Commis-
sion 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 proced-
ures for the settlement of disputes.

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
the 1982
settlement of disputes provided in Part XV of
Convention or, where the dispute concerns one or more strad-
dling 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.

Article 25

Signature, ratification, acceptance and approval

the Food and Agriculture Organisation of

This Convention shall be open for signature on 20 April
1.
2001, in Windhoek, Namibia, and subsequently at the head-
quarters of
the
United Nations for one year from its adoption on 20 April
2001 by all States and regional economic integration organ-
isations 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.

2.
This Convention shall be subject to ratification, accep-
tance or approval by the States and regional economic integra-
tion 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’.

Article 26

Accession

1.
This Convention shall be open for accession by coastal
States, and by all other States and regional economic integra-
tion organisations whose vessels fish in the Convention Area
for fishery resources covered by this Convention.

integration organisation that

2.
This Convention shall be open for accession by regional
economic integration organisations, other than that regional
a
economic
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 integra-
tion organisations shall be the subject of consultations within
the Commission concerning the conditions for participation in
the work of the Commission.

qualifies

as

Instruments of accession shall be deposited with the
3.
Depositary. Accessions received by the Depositary prior to the
date of entry into force of this Convention shall become effec-
tive 30 days after the date on which this Convention enters
into force.

Article 27

Entry into force

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.

This Convention shall enter into force 60 days after the date of
deposit with the Depositary of the third instrument of ratifica-
tion, 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 instru-
ment of ratification or accession, this Convention shall enter
into force on the thirtieth day following such deposit.

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Article 28

Reservations and exceptions

The text of any amendment adopted by the Commission
3.
shall be transmitted promptly by the Executive Secretary to all
Contracting Parties.

No reservations or
Convention.

exceptions may be made

to this

An amendment shall enter into force on the thirtieth day
4.
following the deposit of instruments of ratification, acceptance
or approval thereof from all Contracting Parties.

Article 29

Declarations and statements

Article 28 does not preclude a State or regional economic
integration organisation, when signing, ratifying or acceding to
from making declarations or statements,
this Convention,
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 state-
ments 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.

Article 30

Relation to other agreements

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.

Article 31

Maritime claims

Article 33

Withdrawal

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.

2. Withdrawal from this Convention by any Contracting
this
Party shall not affect
Convention incurred prior
to its withdrawal becoming
effective.

its financial obligations under

Article 34

Registration

1.
The Director-General of the Food and Agriculture Organ-
isation of the United Nations shall be the Depositary of this
Convention, and any amendments or revisions thereto. The
Depositary shall:

(a) send certified copies of this Convention to each signatory

to this Convention and to all Contracting Parties;

Nothing in this Convention shall constitute recognition of the
claims or positions of
the Contracting Parties
any of
concerning the legal status and extent of waters and zones
claimed by any such Contracting Party.

(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;

Article 32

Amendment

Any Contracting Party may at any time propose amend-

1.
ments to this Convention.

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 Secre-
tary 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.

(c)

inform each signatory to this Convention and all
Contracting Parties of:

(i)

instruments of ratification, accession, acceptance and
approval deposited in accordance with Articles 25 and
26 respectively;

(ii)

the date of entry into force of the Convention in
accordance with Article 27;

(iii) the entry into force of amendments to this Convention

in accordance with Article 32;

(iv) withdrawals
Article 33.

from this Convention pursuant

to

The language of communication for the functions of the

2.
Depositary shall be English.

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Article 35

Authentic texts

The English and Portuguese texts of this Convention are equally authentic.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention in the
English and Portuguese languages.

Done at Windhoek, Namibia, 20 April 2001, in a single original in the English and Portuguese languages.