Proposal for a Council Decision on the signing, on behalf of the European Community of the Convention for the strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica
Date: 2004-04-06
Institutions: European Commission
Subjects: Spain, accession to an agreement, fishing regulations, international convention

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.4.2004 
COM(2004) 242 final 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Community of the Convention for the 
strengthening of the Inter-American Tropical Tuna Commission established by the 1949 
Convention between the United States of America and the Republic of Costa Rica 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The  Inter-American  Tropical  Tuna  Commission  (IATTC) 
is  a  Regional  Fisheries 
Organisation that has been given competence by its Contracting Parties to regulate fisheries in 
the Eastern Pacific Ocean (EPO) for highly migratory fish stocks. This RFO was established 
by the 1949 Convention between the United States of America and the Republic of Costa Rica 
(hereafter “the 1949 Convention”). Today, the IATTC membership comprises 13 coastal and 
fishing States with interests in the region: Costa Rica, Ecuador, El Salvador, France on behalf 
of  its  overseas  territories  of  Clipperton  and  French  Polynesia,  Guatemala,  Japan,  Mexico, 
Nicaragua, Panama, Peru, United States, Vanuatu and Venezuela. 

The Community has been operating in the EPO tuna fisheries for many years. Presently, the 
EC  tuna  fishing  fleet  operating  in  the  EPO  counts  5  purse  seiners  targeting  in  particular 
skipjack tuna and its catches amounted to 31,000 Metric Tonnes in 2002. Its presence in the 
region  entitles  it  to  co-operate  with  other  interested  coastal  and  fishing  States,  Entities  and 
Organisations towards the conservation and management of the highly migratory fish stocks 
placed under IATTC Competence. 

As  such,  the  Community  became  a  member  of  the  Agreement  on  the  International  Dolphin 
Conservation Program (AIDCP). The Agreement seeks the effective conservation of dolphin 
stocks  affected  by  tuna  fisheries  in  the  EPO  and  its  operation  has  been  entrusted  to  the 
Secretariat  of  the  IATTC.  In  1999,  the  Community  signed  the  AIDCP  (Council  Decision 
1999/337/EC of 26 April 1999) and subsequently decided to apply it provisionally (Council 
Decision 1999/386/EC of 7 June 1999). 

Contrary to the AIDCP provisions, the 1949 Convention rules on accession of new members 
are limited to States and therefore prevent the accession of the Community to IATTC under 
its present terms.  In light  of the  Community’s  established interest in the fisheries subject to 
IATTC competence, a process for the amendment of the 1949 Convention was launched with 
the adoption in 1999 of the Guayaquil Protocol, whereby the 1949 Convention is modified so 
that  Regional  Economic  Integration  Organisations  such  as  the  Community  may  become 
members of this RFO. However, the entry into force of this Protocol was expected to be, and 
is  indeed  proved,  to  be  long  and  laborious.  Today,  the  Protocol  has  been  signed  by  just  8 
IATTC members, and ratified by only four among these. It will only enter into force once all 
IATTC Parties have ratified it. 

In  light  of  the  lengthiness  of  this  process,  the  Community  agreed  to  allow  Spain,  the  only 
Member State whose vessels operate in the Area, to become a Member of IATTC under the 
present  terms  of  the  1949  Convention.  Council  Decision  1999/405/EC  authorises  Spain’s 
accession  on  a  temporary  basis  and  on  account  of  “unique  circumstances”  without  creating 
any precedent, or affecting the Community’s exclusive competence in fisheries matters. Even 
under  this  exceptional  regime,  it  has  taken  until 2003  for  Spain  to  receive  the  ‘nihil  obstat’ 
from  all  other  Members  to  accede  IATTC  and  internal  formalities  are  still  being  completed 
for this accession to become effective. 

It may be argued that the discussions that ended with the adoption of the Guayaquil Protocol, 
also led the Contracting Parties of the IATTC to recognise the need to bring the statute of the 
Organisation  up  to  date  with  recent  developments  in  the  international  Law  of  the  Sea:  the 
United Nations Convention on the Law of the Sea of 1982, its implementing Agreements, and 
the Code of Conduct for Responsible Fisheries (adopted by the Conference of the Food and 
Agriculture  Organization  in  1995,  including  the  Agreement  to  Promote  Compliance  with 

2 

 
 
  
 
International Conservation and Management Measures by Fishing Vessels on the High Seas 
of 1993). As a result, IATTC adopted a Resolution in 1998 launching the process of drafting 
the  text  of  a  new  IATTC  Convention  to  replace  that  of  1949.  After  10  meetings  of  the 
working  Group  created  to  this  effect,  a  new  Convention  text  was  ready  for  adoption  by 
IATTC, which did so at its 70th Meeting held in Antigua, Guatemala, in June 2003. The new 
Convention  is  thus  known  as  “the  Antigua  Convention”.  It  will  enter  into  force  15  months 
after the deposit of the 7th instrument of ratification by a current Contracting Party to IATTC. 

The Antigua Convention was opened for signature on 14 November 2003 in Washington DC, 
United  States  of  America  (the  Depositary),  and  will  remain  so  until  31  December  2004.  Its 
text is authentic in 3 languages: English, Spanish and French. 

The Community was invited since the beginning to participate in the drafting of the Antigua 
Convention and has actively contributed to the process. In particular, the Community sought 
to  ensure  that  the  new  Convention  text  would  contain  the  necessary  provisions  so  that  the 
IATTC  would  become  an  open  Organisation,  allowing  any  party  with  a  real  interest  to 
become a Member, in accordance with Article 8 of the the 1995 UN Fish Stocks Agreement. 
This objective was attained. The Antigua Convention is a comprehensive text that effectively 
strengthens  the  IATTC  and  ensures  that  it  will  exercise  its  responsibilities  towards  the 
effective conservation and management of the EPO highly migratory fish stocks according to 
the principles and standards set out in the Law of the Sea. 

Spain’s  forthcoming  accession  to  IATTC  does  not  affect  the  Community’s  rights  under 
international law to sign the Antigua Convention, since Council Decision 1999/405/EC only 
applies to the 1949 Convention. According to the Decision, Spain is required to denounce the 
1949  Convention  on  the  date  of  the  Community’s  accession  thereto.  If  the  Antigua 
Convention enters into force before the Community is able to accede to the 1949 Convention 
(which is most likely), Spain will be required to withdraw from IATTC at that time. Relevant 
provisions to this end will be included in the Council Decision whereby the EC concludes the 
Antigua  Convention.  These  provisions  are  not  required  presently,  since  Spain  is  not 
authorised to sign the Antigua Convention in any event. 

The Community should therefore sign the Antigua Convention and proceed subsequently to 
its  conclusion  in  order  to  become  a  full  member  of  IATTC,  without  prejudice  to  the 
possibility of its earlier accession under the 1949 Convention in case the Guayaquil Protocol 
enters  into  force  before  the  Antigua  Convention  does.  The  Council  is  therefore  invited  to 
adopt the attached decision. 

3 

 
 
  
 
Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Community of the Convention for the 
strengthening of the Inter-American Tropical Tuna Commission established by the 1949 
Convention between the United States of America and the Republic of Costa Rica 

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 Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The Community has exclusive competence to adopt measures for the conservation and 
management of fishery resources and to enter into agreements with other countries and 
international 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 biological resources. 

The Community has signed and ratified on 19 December 2003 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 Stocks2. 

The  Inter-American  Tropical  Tuna  Commission  (IATTC)  was  established  by  the 
Convention  between  the  United  States  of  America  and  the  Republic  of  Costa  Rica, 
concluded  in  1949.  During  its  61st  Meeting  in  June  1998,  IATTC  adopted  a 
Resolution  whereby  Contracting  Parties  agreed  to  draw  a  new  Convention  to 
strengthen the Commission and bring its statute up to date, in line with the provisions 
of the international Law of the Sea. 

The  Community  was  invited  to  fully  participate  in  this  process  since  the  beginning, 
and  has  played  an  active  role  therein.  The process  culminated  in  the  adoption  of  the 
Convention  for  the  Strengthening  of  the  Inter-American  Tropical  Tuna  Commission 
established  by  the  1949  Convention  between  the  United  States  of  America  and  the 
Republic of Costa Rica (the Antigua Convention), at the 70th Meeting of the IATTC, 
held from 24 to 27 June 2003 in Antigua, Guatemala. 

1 
2 

OJ C , , p. . 
OJ L 189, 3.7.1998, p. 16. 

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(6) 

(7) 

(8) 

The Antigua Convention was open for signature on 14 November 2003 in Washington 
DC,  United  States  of  America,  and  will  remain  so  until  31  December  2004,  in 
accordance with Article XXVII thereof. 

The Antigua Convention is open for signature by the Community in accordance with 
Article XXVII (1) (c) thereof. 

Community fishermen operate in the Convention Area. It is thus in the Community’s 
interest to become a member of the Inter-American Tropical Tuna Commission. The 
Community should therefore sign the Antigua Convention, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The signature of  the Convention for the Strengthening of the  Inter-American Tropical Tuna 
Commission established by the 1949 Convention between the United States of America and 
the Republic of Costa Rica 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,  

For the Council 
The President   

5 

 
 
  
 
 
 
ANNEX  

INTER-AMERICAN TROPICAL TUNA COMMISSION 
TEXT ADOPTED AT THE 70TH MEETING 
27 JUNE 2003 

CONVENTION FOR THE STRENGTHENING OF THE INTER-AMERICAN TROPICAL TUNA 
COMMISSION ESTABLISHED BY THE 1949 CONVENTION BETWEEN 
THE UNITED STATES OF AMERICA 
AND   
THE REPUBLIC  OF COSTA RICA 

The Parties to this Convention: 

(“ANTIGUA CONVENTION”) 

Aware that, in accordance with the relevant provisions of international law, as reflected in 
the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, all States have the 
duty  to  take  such  measures  as  may  be  necessary  for  the  conservation  and  management  of 
living  marine  resources,  including  highly  migratory  species,  and  to  cooperate  with  other 
States in taking such measures; 

Recalling the sovereign rights of coastal States for the purpose of exploring and exploiting, 
conserving and managing the living marine resources within areas under national jurisdiction 
as provided for in UNCLOS, and the right of all States for their nationals to engage in fishing 
on the high seas in accordance with UNCLOS; 

Reaffirming their commitment to the Rio Declaration on Environment and Development and 
Agenda  21,  particularly  Chapter  17,  adopted  by  the  United  Nations  Conference  on 
Environment  and  Development  (1992),  and  to  the  Johannesburg  Declaration  and  Plan  of 
Implementation adopted by the World Summit on Sustainable Development (2002); 

Stressing  the  need  to  implement  the  principles  and  standards  of  the  Code  of  Conduct  for 
Responsible Fisheries adopted by the Conference of the Food and Agriculture Organization 
of the United Nations (FAO) in 1995, including the Agreement to Promote Compliance with 
International Conservation and Management Measures by Fishing Vessels on the High Seas, 
1993, which forms an integral part of the Code, as well as the International Plans of Action 
adopted by FAO within the framework of the Code of Conduct; 

Taking  note  that  the  50th  General  Assembly  of  the  United  Nations,  pursuant  to  resolution 
A/RES/50/24, adopted 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 Stocks and Highly Migratory Fish Stocks (“the 1995 UN Fish 
Stocks Agreement”); 

Considering the importance of fishing for highly migratory fish stocks as a source of food, 
employment  and  economic  benefits  for  the  populations  of  the  Parties  and  that  conservation 
and management measures must address those needs and take into account the economic and 
social impacts of those measures; 

Taking into account the special circumstances and requirements of the developing countries 
of  the  region,  particularly  the  coastal  countries,  in  order  to  achieve  the  objective  of  the 
Convention; 

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Recognizing the significant efforts and the outstanding achievements of the Inter-American 
Tropical Tuna Commission, as well as the importance of its work in the tuna fisheries in the 
Eastern Pacific Ocean; 

Desirous  to  benefit  from  the  experiences  derived  from  the  implementation  of  the  1949 
Convention; 

Reaffirming that multilateral cooperation constitutes the most effective means for achieving 
the objectives of conservation and sustainable use of living marine resources; 

Committed  to  ensuring  the  long-term  conservation  and  the  sustainable  use  of  fish  stocks 
covered by this Convention; 

Convinced  that  the  aforementioned  objectives  and  the  strengthening  of  the  Inter-American 
Tropical Tuna Commission can best be achieved through bringing up to date the provisions of 
the 1949 Convention between the United States of America and the Republic of Costa Rica 
for the establishment of an Inter-American Tropical Tuna Commission; 

Have agreed as follows: 

PART I  

GENERAL PROVISIONS 

ARTICLE I. DEFINITIONS 

For the purposes of this Convention: 
1.    “Fish  stocks  covered  by  this  Convention”  means  stocks  of  tunas  and  tuna-like  species  and  other 

species of fish taken by vessels fishing for tunas and tuna-like species in the Convention Area;  

2.  “Fishing” means:  

(a) the actual or attempted searching for, catching, or harvesting of the fish stocks covered by this 

Convention;  

(b) engaging  in  any  activity  which  can  reasonably  be  expected  to  result  in  the  locating,  catching, 

harvesting of these stocks; 

(c) placing,  searching  for  or  recovering  any  fish-aggregating  device  or  associated  equipment, 

including radio beacons; 

(d) any operation at sea in support of, or in preparation for, any activity described in sub-paragraphs 
(a), (b) and (c) of this paragraph, except for any operation in emergencies involving the health and 
safety of crew members or the safety of a vessel; 

(e) the  use  of  any  other  vehicle,  air-  or  sea-borne,    in  relation  to  any  activity  described  in  this 
definition except for emergencies involving the health or safety of crew members or the safety of 
a vessel; 

3.    “Vessel”  means  any  vessel  used  or  intended  for  use  for  the  purpose  of  fishing,  including  support 

vessels, carrier vessels and any other vessels directly involved in such fishing operations; 

4.  “Flag State” means, unless otherwise indicated: 

(a) a State whose vessels are entitled to fly its flag, or 
(b) a  regional  economic  integration  organization  in  which  vessels  are  entitled  to  fly  the  flag  of  a 

member State of that regional economic integration organization; 

5.    “Consensus”  means  the  adoption  of  a  decision  without  voting  and  without  the  expression  of  any 

stated objection; 

6. “Parties” means the States and regional economic integration organizations which have consented to be 
bound  by  this  Convention  and  for  which  this  Convention  is  in  force,  in  accordance  with  the 

7 

 
 
  
 
 
 
provisions of Articles XXVII, XXIX, and XXX of this Convention; 

7.  “Members  of  the  Commission”  means  the  Parties  and  any  fishing  entity  which  has  expressed  in 
accordance with the provisions of Article XXVIII of this Convention its formal commitment to abide 
by  the  terms  of  this  Convention  and  comply  with  any  conservation  and  management  measures 
adopted pursuant thereto; 

8. “Regional  economic integration organization” means a regional economic integration organization  to 
which  its  member  States  have  transferred  competence  over  matters  covered  by  this  Convention, 
including the authority to make decisions binding on its member States in respect of those matters; 
9. “1949 Convention” means the Convention between the United States of America and the Republic of 

Costa Rica for the establishment of an Inter-American Tropical Tuna Commission; 

10. “Commission” means the Inter-American Tropical Tuna Commission; 
11. “UNCLOS" means the United Nations Convention on the Law of the Sea of 10 December 1982; 
12. “1995 UN Fish Stocks Agreement” means 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; 
13.  “Code  of  Conduct”  means  the  Code  of  Conduct  for  Responsible  Fisheries  adopted  by  the  28th 
Session  of  the  Conference  of  the  Food  and  Agriculture  Organization  of  the  United  Nations  in 
October 1995; 

14. “AIDCP” means the Agreement on the International Dolphin Conservation Program of 21 May 1998.

ARTICLE II. OBJECTIVE 
The objective of this Convention is to ensure the long-term conservation and sustainable use of the fish 
stocks covered by this Convention, in accordance with the relevant rules of international law. 

ARTICLE III. AREA OF APPLICATION OF THE CONVENTION 
The  area  of  application  of  the  Convention  (“the  Convention  Area”)  comprises  the  area  of  the  Pacific 
Ocean bounded by the coastline of North, Central, and South America and by the following lines: 

• the 50°N parallel from the coast of North America to its intersection with the 150°W meridian; 
• the 150°W meridian to its intersection with the 50°S parallel; and 
• the 50°S parallel to its intersection with the coast of South America.  

PART II 

CONSERVATION AND USE OF THE FISH STOCKS COVERED BY THE 
CONVENTION 

ARTICLE IV. APPLICATION OF THE PRECAUTIONARY APPROACH 
1.  The  members  of  the  Commission,  directly  and  through  the  Commission,  shall  apply  the 
precautionary approach, as described in the relevant provisions of the Code of Conduct and/or the 
1995  UN  Fish  Stocks  Agreement,  for  the  conservation,  management  and  sustainable  use  of  fish 
stocks covered by this Convention. 

2.  In particular, the members of the Commission shall be more cautious when information 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.  Where the status of target stocks or non-target or associated or dependent species is of concern, the 
members of the Commission shall subject such stocks and species to enhanced monitoring in order to 
review their status and the efficacy of conservation and management measures. They shall revise those 
measures regularly in the light of new scientific information available. 

ARTICLE V. COMPATIBILITY OF CONSERVATION AND MANAGEMENT MEASURES 
1.  Nothing in this Convention shall prejudice or undermine the sovereignty or sovereign rights of coastal 
States related to the exploration and exploitation, conservation and management of the living marine 
resources within areas under their sovereignty or national jurisdiction as provided for in UNCLOS, or 
the  right  of  all  States  for  their  nationals  to  engage  in  fishing  on  the  high  seas  in  accordance  with 

8 

 
 
  
 
UNCLOS. 

2.  The conservation and management measures established for the high seas and those adopted for areas 
under national jurisdiction shall be compatible, in order to ensure the conservation and management 
of the fish stocks covered by this Convention. 

PART III 

THE INTER-AMERICAN TROPICAL TUNA COMMISSION 

ARTICLE VI. THE COMMISSION  
1.  The members of the Commission agree to maintain, with all its assets and liabilities, and to strengthen 

the Inter-American Tropical Tuna Commission established by the 1949 Convention. 

2.  The Commission shall be composed of sections consisting of from one (1) to four (4) Commissioners 
appointed by each member, who may be accompanied by such experts and advisers as that member 
may deem advisable. 

3.  The Commission shall have legal personality and shall enjoy, in its relations with other international 
organizations and with its members, such legal capacity as may be necessary to perform its functions 
and achieve its objective, in accordance with international law. The immunities and privileges which 
the Commission and its officers shall enjoy shall be subject to an agreement between the Commission 
and the relevant member. 

4.  The headquarters of the Commission shall remain at San Diego, California, United States of America. 

ARTICLE VII. FUNCTIONS OF THE COMMISSION 
1.  The Commission shall perform the following functions, giving priority to tunas and tuna-like species: 
(a) promote, carry out and coordinate scientific research concerning the abundance, biology and biometry 
in the Convention Area of fish stocks covered by this Convention and, as necessary, of associated or 
dependent species, and the effects of natural factors and human activities on the populations of these 
stocks and species; 

(b) adopt standards for collection, verification, and timely exchange and reporting of data concerning the 

fisheries for fish stocks covered by this Convention; 

(c)  adopt  measures  that  are  based  on  the  best  scientific  evidence  available  to  ensure  the  long-term 
conservation  and  sustainable  use  of  the  fish  stocks  covered  by  this  Convention  and  to  maintain  or 
restore the populations of harvested species at levels of abundance which can produce the maximum 
sustainable yield, inter alia, through the setting of the total allowable catch of such fish stocks as the 
Commission  may  decide  and/or  the  total  allowable  level  of  fishing  capacity  and/or  level  of  fishing 
effort for the Convention Area as a whole; 

(d) determine whether, according to the best scientific information available, a specific fish stock covered 
by  this  Convention  is  fully  fished  or  overfished  and,  on  this  basis,  whether  an  increase  in  fishing 
capacity and/or the level of fishing effort would threaten the conservation of that stock;  

(e) in relation to the stocks referred to in subparagraph (d) of this paragraph, determine, on the basis of 
criteria  that  the  Commission  may  adopt  or  apply,  the  extent  to  which  the  fishing  interests  of  new 
members  of  the  Commission  might  be  accommodated,  taking  into  account  relevant  international 
standards and practices; 

(f)  adopt,  as  necessary,  conservation  and  management  measures  and  recommendations  for  species 
belonging to the same ecosystem and that are affected by fishing for, or dependent on or associated 
with, the fish stocks covered by this Convention, with a view to maintaining or restoring populations 
of such species above levels at which their reproduction may become seriously threatened; 

(g) adopt appropriate measures to avoid, reduce and minimize waste, discards, catch by lost or discarded 
gear,  catch  of  non-target  species  (both  fish  and  non-fish  species)  and  impacts  on  associated  or 
dependent species, in particular endangered species; 

(h)  adopt  appropriate  measures  to  prevent  or  eliminate  over-fishing  and  excess  fishing  capacity  and  to 
ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of the 
fish stocks covered by this Convention; 

(i)  establish  a  comprehensive  program  for  data  collection  and  monitoring  which  shall  include  such 

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elements  as  the  Commission  determines  necessary.    Each  member  of  the  Commission  may  also 
maintain its own program consistent with guidelines adopted by the Commission; 

(j) ensure that, in developing measures to be adopted under subparagraphs (a) to (i) of this paragraph, due 
consideration is given to the need for coordination and compatibility with measures adopted pursuant 
to the AIDCP; 

(k)  promote,  to  the  extent  practicable,  the  development  and  use  of  selective,  environmentally  safe  and 
cost-effective  fishing  gear  and  techniques  and  such  other  related  activities,  including  activities 
connected with, inter alia, transfer of technology and training; 

(l)  where necessary, develop criteria for, and make decisions relating to, the allocation of total allowable 
catch,  or  total  allowable  fishing  capacity,  including  carrying  capacity,  or  the  level  of  fishing  effort, 
taking into account all relevant factors; 

(m) apply the precautionary approach in accordance with the provisions of Article IV of this Convention. 
In cases where measures are adopted by the Commission pursuant to the precautionary approach in 
the  absence  of  adequate  scientific  information,  as  set  out  in  Article  IV,  paragraph  2  of  this 
Convention, the Commission shall, as soon as possible, undertake to obtain the scientific information 
necessary to maintain or modify any such measures; 

(n)  promote  the  application  of  any  relevant  provision  of  the  Code  of  Conduct  and  of  other  relevant 
international instruments including, inter alia, the International Plans of Action adopted by FAO in the 
framework of the Code of Conduct; 
(o) appoint the Director of the Commission; 
(p) approve its program of work; 
(q) approve its budget, in accordance with provisions of Article XIV of this Convention; 
(r) approve the accounts for the past budgetary period; 
(s) adopt or amend its own rules and procedures, financial regulations and other internal administrative 

regulations as may be necessary to carry out its functions; 

(t) provide the Secretariat for the AIDCP, taking into account the provisions of Article XIV, paragraph 3 

of this Convention; 

(u) establish such subsidiary bodies as it considers necessary; 
(v)  adopt  any  other  measure  or  recommendation,  based  on  relevant  information,  including  the  best 
scientific  information  available,  as  may  be  necessary  to  achieve  the  objective  of  this  Convention, 
including  non-discriminatory  and  transparent  measures  consistent  with  international  law,  to  prevent, 
deter  and  eliminate  activities  that  undermine  the  effectiveness  of  the  conservation  and  management 
measures adopted by the Commission. 

2.  The  Commission  shall  maintain  a  staff  qualified  in  matters  pertaining  to  this  Convention,  including 
administrative, scientific and technical areas, under the supervision of the Director, and ensure that it 
shall include all personnel needed for the efficient and effective application of this Convention. The 
Commission  should  seek  the  most  qualified  staff  available,  and  give  due  consideration  to  the 
importance of recruiting staff on an equitable basis to promote broad representation and participation 
of the members of the Commission. 

3.  In considering guidance for the program of work on scientific matters to be addressed by the scientific 
staff,  the  Commission  shall  consider,  inter  alia,  the  advice,  recommendations,  and  reports  of  the 
Scientific Advisory Committee established pursuant to Article XI of this Convention. 

ARTICLE VIII. MEETINGS OF THE COMMISSION 
1. The ordinary meetings of the Commission shall take place at least once a year, in such location and on 

such date as the Commission agrees. 

2. The Commission may also hold extraordinary meetings when deemed necessary.  These meetings shall 
be  convened  at  the  request  of  at  least  two  of  the  members  of  the  Commission,  provided  that  a 
majority of the members support the request. 

3. The meetings of the  Commission shall be  held only when  a quorum is present.  Quorum is reached 
when  two-thirds  of  the  members  of  the  Commission  are  present.    This  rule  shall  also  apply  to 
meetings of subsidiary bodies established under this Convention. 

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4.  The  meetings  shall  be  held  in  English  and  Spanish,  and  the  documents  of  the  Commission  shall  be 

produced in both these languages. 

5. Members shall elect a Chairman and Vice-Chairman from,  unless otherwise decided, different Parties 
to this Convention.  Both officials shall be elected for a period of one (1) year and shall remain in office 
until their successors are elected. 

ARTICLE IX. DECISION MAKING 
1. Unless provided otherwise, all decisions made by the Commission at meetings convened pursuant to 
Article VIII of this Convention shall be by consensus of members of the Commission present at the 
meeting in question. 

2.    Decisions  on  adoption  of  amendments  to  this  Convention  and  its  annexes,  as  well  as  invitations  to 
accede  to  the  Convention  pursuant  to  Article  XXX,  paragraph  (c)  of  this  Convention,  shall  require 
consensus of all Parties.  In such cases, the Chairman of the meeting shall ensure that all members of 
the  Commission  have  the  opportunity  to  express  their  views  on  the  proposed  decisions,  which  the 
Parties shall take into account in reaching the final decision. 

3.  The consensus of all the members of the Commission shall be required for decisions on: 

 (a) the adoption and amendment of the Commission’s budget, and those that determine the form and 

proportion of the contributions of the members; 

(b) the issues referred to in Article VII, subparagraph (l) of paragraph 1 of this Convention. 

4.  With respect to decisions referred to in paragraphs 2 and 3 of this Article, if a Party or member of the 
Commission, as the case may be, is absent from the meeting in question and has not sent a notification 
in accordance with paragraph 6 of this Article, the Director shall notify such Party or member of the 
decision taken at the meeting.  If, within thirty (30) days of the receipt by the Party or member of such 
notification,  the  Director  has  not  received  a  response  from  such  Party  or  member,  that  Party  or 
member shall be deemed to have joined the consensus on the decision in question.  If, within such 30-
day period, such Party or member replies in writing that it cannot join the consensus on the decision 
in question, the decision shall have no effect, and the Commission shall seek to reach consensus at the 
earliest opportunity. 

5.  When a Party or member of the Commission that was not present at a meeting notifies the Director, in 
accordance with paragraph 4 of this Article, that it cannot join the consensus on a decision taken at 
that meeting, that member shall not be able to oppose consensus on the same issue if it is not present 
at the next meeting of the Commission at which that issue is on the agenda. 

6.    If  a  member  of  the  Commission  is  not  able  to  attend  a  meeting  of  the  Commission  due  to 

extraordinary and unforeseen circumstances outside its control: 
(a)  It shall so notify the Director, in writing, prior to the start of the meeting if possible or otherwise 
at the earliest possible opportunity.  Such notification shall be effective upon acknowledgement of 
its receipt by the Director to the member concerned; and  

(b)  Subsequently  and  as  soon  as  possible,  the  Director  shall  notify  the  member  of  all  the  decisions 

taken at that meeting in accordance with paragraph 1 of this Article; 

(c) within thirty (30) days of the notice referred to in subparagraph (b) of this paragraph, the member 
may  notify  the  Director  in  writing  that  it  cannot  join  the  consensus  on  one  or  more  of  these 
decisions.    In  such  cases,  the  relevant  decision  or  decisions  shall  have  no  effect,  and  the 
Commission shall seek to reach consensus at the earliest opportunity. 

7.  The  decisions  adopted  by  the  Commission  pursuant  to  this  Convention  shall  be  binding  for  all 
members forty-five (45) days after their notification, unless otherwise specified in this Convention or 
agreed when a decision is taken. 

ARTICLE X. COMMITTEE FOR THE REVIEW OF IMPLEMENTATION OF MEASURES ADOPTED 
BY THE COMMISSION 
1.  The  Commission  shall  establish  a  Committee  for  the  Review  of  Implementation  of  Measures 
Adopted by the Commission, which shall be composed of those representatives designated for this 
purpose by each member of the Commission, who may be accompanied by such experts and advisers 
as that member may deem advisable. 

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2.  The functions of the Committee shall be those established in Annex 3 of this Convention. 
3.  In the exercise of its functions, the Committee may, where appropriate, and with the approval of the 
Commission,  consult  any  other  fisheries  management,  technical  or  scientific  organization  with 
competence in the subject  matter of such consultation  and  may seek such expert advice  as may  be 
required in each case. 

4.  The Committee shall strive to adopt its reports and recommendations by consensus.  If every effort 
to  achieve  consensus  has  failed,  the  reports  shall  so  indicate,  and  shall  reflect  the  majority  and 
minority views. At the request of any member of the Committee, the views of that member on all or 
any part of the reports shall also be reflected. 

5. The Committee shall meet at least once a year, preferably on the occasion of the ordinary meeting of 

the Commission. 

6. The Committee may convene additional meetings at the request of at least two (2) of the members of 

the Commission, provided that a majority of the members support the request. 

7. The Committee shall exercise its functions in accordance with such rules of procedure, guidelines and 

directives as the Commission may adopt. 

8.  In support of the work of the Committee, the staff of the Commission shall: 

(a)  collect  the  information  necessary  for  the  work  of  the  Committee  and  develop  a  data  base,  in 

accordance with the procedures established by the Commission; 

(b) provide such statistical analyses as the Committee deems necessary for carrying out its functions; 
(c) prepare the reports of the Committee; 
(d) distribute to the members of the Committee all pertinent information, particularly that set out in 

subparagraph (a) of paragraph 8 of this Article. 

ARTICLE XI. SCIENTIFIC ADVISORY COMMITTEE 
1.    The  Commission  shall  establish  a  Scientific  Advisory  Committee,  which  shall  be  composed  of  a 
representative  designated  by  each  member  of  the  Commission,  who  shall  have  appropriate 
qualifications  or  relevant  experience  in  the  area  of  competence  of  the  Committee,  and  who  may  be 
accompanied by such experts or advisers as that member may deem advisable. 

2.  The Commission may invite to participate in the work of the Committee organizations or persons with 

recognized scientific experience in matters related to the work of the Commission. 
3.  The functions of the Committee shall be those established in Annex 4 of this Convention. 
4.  The Committee shall meet at least once a year, preferably prior to a meeting of the Commission. 
5.  The Committee may convene additional meetings at the request of at least two (2) of the members of 

the Commission, provided that a majority of the members support the request. 

6.  The Director shall serve as Chairman of the Committee or may delegate the exercise of this function 

subject to the approval of the Commission. 

7.  The Committee shall strive to adopt its reports and recommendations by consensus.  If every effort to 
achieve consensus has failed, the reports shall so indicate, and shall reflect the majority and minority 
views.  At the request of any member of the Committee, the views of that member on all or any part 
of the reports shall also be reflected. 

ARTICLE XII. ADMINISTRATION 
1.    The  Commission  shall  appoint,  in  accordance  with  the  adopted  rules  of  procedure  and  taking  into 
account any criteria established therein, a Director, whose competence in the field of this Convention 
is  established  and  generally  recognized,  in  particular  in  its  scientific,  technical  and  administrative 
aspects, and who shall be responsible to the Commission and may be removed by the Commission at 
its discretion.  The term of the Director shall be of 4 years, and he may be reappointed as many times 
as the Commission decides. 

2.  The functions of the Director shall be: 

(a) preparing research plans and programs for the Commission; 
(b) preparing budget estimates for the Commission;  

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(c) authorizing the disbursement of funds for the implementation of the approved program of work 

and budget by the Commission and accounting for the funds thus employed; 

(d) appointing,  removing  and  directing  the  administrative,  scientific,  technical  and  other  staff, 
required for the functions of the Commission, in accordance with the rules of procedure adopted 
by the Commission; 

(e)  where  appropriate  for  the  efficient  functioning  of  the  Commission,  appointing  a  Coordinator  of 
Scientific  Research,  in  accordance  with  subparagraph  (d)  of  paragraph  2  of  this  Article,  who  shall 
operate  under  the  supervision  of  the  Director,  who  shall  assign  to  the  Coordinator  of  Scientific 
Research such functions and responsibilities as the Director determines appropriate; 

(f) arranging for cooperation with other organizations or individuals, as appropriate, when needed for the 

performance of the functions of the Commission; 

(g)  coordinating  the  work  of  the  Commission  with  that  of  organizations  and  individuals  whose 

cooperation the Director has arranged; 

(h) drafting administrative, scientific and other reports for the Commission; 
(i) preparing draft agendas for and convening the meetings of the Commission and its subsidiary bodies, 
in  consultation  with  the  members  of  the  Commission  and  taking  into  account  their  proposals,  and 
providing administrative and technical support for such meetings; 

(j) ensuring the publication and dissemination of the conservation and management measures which have 
been  adopted  by  the  Commission  and  are  in  force  and,  as  far  as  practicable,  the  maintenance  and 
dissemination of records of other applicable conservation and management measures adopted by the 
members of the Commission in force in the Convention Area; 

(k) ensuring the maintenance of a record, based, inter alia, on the information provided to the Commission 
pursuant  to  Annex  1  of  this  Convention,  of  vessels  fishing  in  the  Convention  Area,  as  well  as  the 
periodic circulation of the information contained in such record to all members of the Commission, 
and, on request, to any member individually; 

(l) acting as the legal representative of the Commission; 
(m) performing such other functions as are necessary to ensure the efficient and effective operation of the 

Commission and others that may be assigned to him by the Commission. 

3.  In fulfilling their functions, the Director and the staff of the Commission shall not act in any manner 
that could be incompatible with their status or with the objective and provisions of this Convention, 
nor shall they have any financial interests in activities such as investigation and research, exploration, 
exploitation, processing and marketing of the fish stocks covered by this Convention.  Likewise, they 
shall  also  maintain  as  confidential,  while  they  are  employed  by  the  Commission  and  thereafter,  any 
confidential information they obtained or to which they had access during their employment. 

ARTICLE XIII. SCIENTIFIC STAFF 
The  Scientific  Staff  shall  operate  under  the  supervision  of  the  Director,  and  of  the  Coordinator  of 
Scientific Research if appointed in accordance with Article XII, subparagraphs (d) and (e) of paragraph 2 
of this Convention, and shall have the following functions, giving priority to tunas and tuna-like species: 
(a)  conduct the scientific research projects and other research activities approved by the Commission in 

accordance with the plans of work adopted for this purpose; 

(b)  provide  the  Commission,  through  the  Director,  with  scientific  advice  and  recommendations  in 
support  of  the  formulation  of  conservation  and  management  measures  and  other  relevant  matters, 
following  consultations  with  the  Scientific  Advisory  Committee,  except  in  circumstances  where 
evident time constraints would limit the ability of the Director to provide the Commission with such 
advice or recommendations on a timely basis; 

(c) provide the Scientific Advisory Committee with the information necessary to carry out the functions 

specified in Annex 4 of this Convention; 

(d)  provide  the  Commission,  through  the  Director,  with  recommendations  for  scientific  research  in 
support of the Commission’s functions in accordance with Article VII, subparagraph (a) of paragraph 
1, of this Convention;  

(e) collect and analyze information relating to current and past conditions and trends of the populations 

13 

 
 
  
 
of the fish stocks covered by this Convention; 

(f)  provide  the  Commission,  through  the  Director,  with  proposed  standards  for  collection,  verification, 
and  timely  exchange  and  reporting  of  data  concerning  the  fisheries  for  fish  stocks  covered  by  this 
Convention; 

(g)  collect  statistical  data  and  all  kinds  of  reports  concerning  catches  of  fish  stocks  covered  by  this 
Convention and the operations of vessels in the Convention Area, and any other relevant information 
concerning fisheries for such stocks, including, as appropriate, social and economic aspects; 

(h)  study  and  appraise  information  concerning  methods  and  procedures  for  maintaining  and  increasing 

the fish stocks covered by this Convention; 

(i) publish or otherwise disseminate reports on its findings and such other reports as fall within the scope 
of this Convention as well as scientific, statistical and other data relating to the fisheries for the fish 
stocks  covered  by  this  Convention,  ensuring  confidentiality  in  conformity  with  the  provisions  of 
Article XXII of this Convention; 

(j) perform such other functions and tasks as may be assigned to it. 

ARTICLE XIV. BUDGET 
1.  The Commission shall adopt each year its budget for the following year, in accordance with Article IX, 
paragraph 3 of this Convention.  In determining the size of the budget, the Commission shall give due 
consideration to the principle of cost effectiveness. 

2.    The  Director  shall  submit  to  the  Commission  for  consideration  a  detailed  draft  annual  budget  that 
shall identify the disbursements to be made from contributions referred to in Article XV, paragraph 
1, and those referred to in Article XV, paragraph 3, of this Convention.  

3. The Commission shall maintain separate accounts for the activities carried out under this Convention 
and under the AIDCP. The services to be provided to the AIDCP and the corresponding estimated 
costs shall be specified in the Commission’s budget.  The Director shall provide to the Meeting of the 
Parties to the AIDCP for its approval, and prior to the year in which the services are to be provided, 
estimates  of  services  and  their  costs  corresponding  to  the  tasks  to  be  carried  out  pursuant  to  that 
Agreement. 

4. The accounts of the Commission shall be subjected to an annual independent financial audit. 

ARTICLE XV. CONTRIBUTIONS 
1.  The amount of the contribution of each member of the Commission to the budget shall be determined 
in  accordance  with  the  scheme  which  the  Commission  shall  adopt,  and  amend,  as  required,  in 
accordance  with  Article  IX,  paragraph  3,  of  this  Convention.    The  scheme  adopted  by  the 
Commission  shall  be  transparent  and  equitable  for  all  members  and  shall  be  set  out  in  the  financial 
regulations of the Commission. 

2.  The  contributions  agreed  pursuant  to  the  provisions  of    paragraph  1  of  this  Article  shall  enable  the 
operation of the Commission and cover in a timely manner the annual budget adopted in accordance 
with Article XIV, paragraph 1, of this Convention. 

3.    The  Commission  shall  establish  a  fund  to  receive  voluntary  contributions  for  research  on  and 
conservation  of  the  fish  stocks  covered  by  this  Convention  and,  as  appropriate,  associated  or 
dependent species, and for the conservation of the marine environment. 

4.    Notwithstanding  the  provisions  of  Article  IX  of  this  Convention,  unless  the  Commission  decides 
otherwise,  if  a  member  of  the  Commission  is  in  arrears  in  the  payment  of  its  contributions  by  an 
amount equal to or greater than the total of the contributions due from it for the preceding twenty-
four  (24)  months,  that  member  shall  not  have  the  right  to  participate  in  decision-making  in  the 
Commission until it has fulfilled its obligations pursuant to this Article. 

5.  Each member of the Commission shall meet its own expenses arising from attendance at meetings of 

the Commission and of its subsidiary bodies. 

ARTICLE XVI. TRANSPARENCY 
1.  The  Commission  shall  promote  transparency  in  the  implementation  of  this  Convention  in  its 

decision-making processes and other activities, inter alia, through: 
(a)  the public dissemination of pertinent non-confidential information; and 

14 

 
 
  
 
(b)  as  appropriate,  facilitating  consultations  with,  and  the  effective  participation  of,  non-
governmental organizations, representatives of the fishing industry, particularly the fishing fleet, 
and other interested bodies and individuals. 

including  environmental  organizations  with  recognized  experience 

2.  Representatives  of  non-Parties,  relevant  intergovernmental  organizations,  and  non-governmental 
in  matters 
organizations, 
pertaining  to  the  Commission  and  the  tuna  industry  of  any  of  the  members  of  the  Commission 
operating in the Convention Area, particularly the tuna fishing fleet, shall be afforded the opportunity 
to  take  part  in  the  meetings  of  the  Commission  and  of  its  subsidiary  organs,  as  observers  or 
otherwise, as appropriate, in accordance with the principles and criteria established in Annex 2 of this 
Convention  as  well  as  others  that  the  Commission  may  adopt.  Such  participants  shall  have  timely 
access to relevant information, subject to the rules of procedure and of confidentiality on access to 
such information that the Commission may adopt. 

PART IV 

RIGHTS AND OBLIGATIONS OF MEMBERS OF THE COMMISSION 

ARTICLE XVII. RIGHTS OF STATES 
No  provision  of  this  Convention  may  be  interpreted  in  such  a  way  as  to  prejudice  or  undermine  the 
sovereignty, sovereign rights, or jurisdiction exercised by any State in accordance with international law, as 
well as its position or views with regard to matters relating to the law of the sea. 

ARTICLE XVIII. IMPLEMENTATION, COMPLIANCE AND ENFORCEMENT BY PARTIES 
1.  Each Party shall take the measures necessary to ensure the implementation of and compliance with 
this Convention and any conservation and management measures adopted pursuant thereto, including 
the adoption of the necessary  laws and regulations.  

2.  Each  Party  shall  provide  to  the  Commission  all  the  information  that  may  be  required  for  the 
fulfillment  of  the  objective  of  this  Convention,  including  statistical  and  biological  information  and 
information  concerning  its  fishing  activities  in  the  Convention  Area,  and  shall  provide  to  the 
Commission information regarding actions taken to implement the measures adopted in accordance 
with  this  Convention,  whenever  required  by  the  Commission  and  as  appropriate,  subject  to  the 
provisions of Article XXII of this Convention and in accordance with the rules of procedure to be 
developed and adopted by the Commission. 

3.    Each  Party  shall  promptly,  through  the  Director,  inform  the  Committee  for  the  Review  of 
Implementation of Measures Adopted by the Commission established pursuant to the provisions of 
Article X of this Convention of: 
(a) legal  and  administrative  provisions,  including  those  regarding  infractions  and  sanctions, 
applicable  to  compliance  with  conservation  and  management  measures  adopted  by  the 
Commission; 

(b) actions taken to ensure compliance with conservation and management measures adopted by the 
Commission, including, if appropriate, an analysis of individual cases and the final decision taken.

4.  Each Party shall: 

(a) authorize  the  use  and  release,  subject  to  any  applicable  rules  of  confidentiality,  of  pertinent 

information recorded by on-board observers of the Commission or a national program; 

(b) ensure that vessel owners and/or captains allow the Commission, in accordance with the rules of 
procedure  adopted  by  the  Commission  in  this  respect,  to  collect  and  analyze  information 
necessary for carrying out the functions of the Committee for the Review of Implementation of 
Measures Adopted by the Commission; 

(c) provide to the Commission every six months a report on the activities of its tuna-fishing vessels 
and  any  other  information  necessary  for  the  work  of  the  Committee  for  the  Review  of 
Implementation of Measures Adopted by the Commission. 

5.  Each Party shall take measures to ensure that vessels operating in waters under its national jurisdiction 

comply with this Convention and the measures adopted pursuant thereto. 

6.  Each Party, where it has reasonable grounds to believe that a vessel flying the flag of another State has 
engaged in any activity that undermines the effectiveness of conservation and management measures 

15 

 
 
  
 
adopted  for  the  Convention  Area,  shall  draw  this  to  the  attention  of  the  flag  State  concerned  and 
may, as appropriate, draw the matter to the attention of the Commission.  The Party in question shall 
provide  the  flag  State  with  full  supporting  evidence  and  may  provide  the  Commission  with  a 
summary of such evidence.  The Commission shall not circulate such information until such time as 
the  flag  State  has  had  an  opportunity  to  comment,  within  a  reasonable  time,  on  the  allegation  and 
evidence submitted for its consideration, or to object, as the case may be. 

7.    Each  Party,  at  the  request  of  the  Commission  or  of  any  other  Party,  when  provided  with  relevant 
information  that  a  vessel  under  its  jurisdiction  has  carried  out  activities  which  contravene  the 
measures  adopted  pursuant  to  this  Convention,  shall  carry  out  a  thorough  investigation,  and  if 
appropriate  proceed  in  accordance  with  its  national  legislation  and  inform,  as  soon  as  possible,  the 
Commission  and,  if  applicable,  the  other  Party,  of  the  results  of  its  investigations  and  the  actions 
taken. 

8.    Each  Party  shall  apply,  in  accordance  with  its  national  laws  and  in  a  manner  consistent  with 
international  law,  sanctions  of  sufficient  gravity  as  to  be  effective  in  securing  compliance  with  the 
provisions of this Convention and of measures adopted pursuant thereto and to deprive offenders of 
the  benefits  accruing  from  their  illegal  activities,  including,  as  appropriate,  refusal,  suspension  or 
withdrawal of the authorization to fish. 

9.  The Parties whose coasts border the Convention Area or whose vessels fish for fish stocks covered by 
this Convention or in whose territory the catch is landed and processed shall cooperate with a view to 
ensuring  compliance  with  this  Convention  and  with  a  view  to  ensuring  the  application  of  the 
conservation and management measures adopted by the Commission, including through the adoption 
of cooperative measures and schemes, as appropriate. 

10. If the Commission determines that vessels fishing in the Convention Area have engaged in activities 
which undermine the effectiveness of or otherwise violate the conservation and management measures 
adopted by the Commission, the Parties may take action, following the recommendations adopted by 
the Commission and in accordance with this Convention and international law, to deter such vessels 
from such activities until such time as appropriate action is taken by the flag State to ensure that such 
vessels do not continue those activities. 

ARTICLE XIX. IMPLEMENTATION, COMPLIANCE AND ENFORCEMENT BY FISHING 
ENTITIES 
Article  XVIII  of  this  Convention  applies,  mutatis  mutandis,  to  fishing  entities  that  are  members  of  the 
Commission. 

ARTICLE XX. DUTIES OF FLAG STATES 
1.  Each  Party  shall,  in  accordance  with  international  law,  take  such  measures  as  may  be  necessary  to 
ensure that vessels flying its flag comply with the provisions of this Convention and the conservation 
and  management  measures  adopted  pursuant  thereto,  and  that  such  vessels  do  not  engage  in  any 
activity which undermines the effectiveness of such measures. 

2.  No Party shall allow any vessel entitled to fly its flag to be used for fishing for fish stocks covered by 
this Convention unless it has been authorized to do so by the appropriate authority or authorities of 
that Party.  A Party shall authorize the use of vessels 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.  In  addition  to  its  obligations  under  paragraphs  1  and  2  of  this  Article,  each  Party  shall  take  such 
measures  as  may  be  necessary  to  ensure  that  vessels  flying  its  flag  do  not  fish  in  areas  under  the 
sovereignty  or  national  jurisdiction  of  any  other  State  in  the  Convention  Area  without  the 
corresponding license, permit or authorization issued by the competent authorities of that State. 

ARTICLE XXI. DUTIES OF FISHING ENTITIES 
Article  XX  of  this  Convention  applies,  mutatis  mutandis,  to  fishing  entities  that  are  members  of  the 
Commission. 

16 

 
 
  
 
PART V 

CONFIDENTIALITY 

ARTICLE XXII. CONFIDENTIALITY 
1.  The Commission shall establish rules of confidentiality for all bodies and individuals given access to 

information pursuant to this Convention. 

2.    Notwithstanding  any  confidentiality  rules  which  may  be  adopted  in  accordance  with  paragraph  1  of 
this Article, any persons with access to such confidential information may disclose such information 
in  connection  with  legal  or  administrative  proceedings,  if  requested  by  the  competent  authority 
concerned. 

PART VI 

COOPERATION 

ARTICLE XXIII. COOPERATION AND ASSISTANCE 
1.  The  Commission  shall  seek  to  adopt  measures  relating  to  technical  assistance,  technology  transfer, 
training  and  other  forms  of  cooperation,  to  assist  developing  countries  that  are  members  of  the 
Commission  to  fulfill  their  obligations  under  this  Convention,  as  well  as  to  enhance  their  ability  to 
develop fisheries under their respective national jurisdictions and to participate in high seas fisheries 
on a sustainable basis. 

2.  The members of the Commission shall facilitate and promote such cooperation, especially financial 
and technical, and the transfer of technology, as may be necessary for the effective implementation of 
paragraph 1 of this Article. 

ARTICLE XXIV. COOPERATION WITH OTHER ORGANIZATIONS OR ARRANGEMENTS 
1.  The  Commission  shall  cooperate  with  subregional,  regional,  and  global  fishery  organizations  and 
arrangements  and,  as  appropriate,  shall  establish  relevant  institutional  arrangements  such  as 
consultative  committees,  in  agreement  with  such  organizations  or  arrangements,  with  the  goal  of 
promoting the achievement of the objective of this Convention, obtaining the best available scientific 
information, and avoiding duplication with respect to their work. 

2.  The Commission, in agreement with the relevant organizations or arrangements, shall adopt the rules 
of  operation  for  the  institutional  arrangements  established  in  accordance  with  paragraph  1  of  this 
Article. 

3.  Where the Convention Area overlaps with an area under regulation by another fisheries management 
organization, the Commission shall cooperate with such other organization in order to ensure that the 
objective of this Convention is reached.  To this end, through consultations or other arrangements, 
the  Commission  shall  strive  to  agree  with  the  other  organization  on  the  relevant  measures  to  be 
taken,  such  as  ensuring  the  harmonization  and  compatibility  of  the  conservation  and  management 
measures adopted by the Commission and the other organization, or deciding that the Commission 
or  the  other  organization,  as  appropriate,  avoid  taking  measures  in  respect  of  species  in  that  area 
which are regulated by the other. 

4.  The  provisions  of  paragraph  3  of  this  Article  shall  be  applied,  as  appropriate,  to  the  case  of  fish 
stocks that migrate through areas under the purview of the Commission and of another organization 
or organizations or arrangements. 

PART VII 

SETTLEMENT OF DISPUTES 

ARTICLE XXV. SETTLEMENT OF DISPUTES 
1.    The  members  of  the  Commission  shall  cooperate  in  order  to  prevent  disputes.    Any  member  may 
consult with one or more members about any dispute related to the interpretation or application of 
the provisions of this Convention to reach a solution satisfactory to all as quickly as possible. 

2.      If  a  dispute  is  not  settled  through  such  consultation  within  a  reasonable  period,  the  members  in 
question shall consult among themselves as soon as possible in order to settle the dispute through any 

17 

 
 
  
 
peaceful means they may agree upon, in accordance with international law. 

3.  In cases when two or more members of the Commission agree that they have a dispute of a technical 
nature, and they are unable to resolve the dispute among themselves, they may refer the dispute, by 
mutual  consent,  to  a  non-binding  ad  hoc  expert  panel  constituted  within  the  framework  of  the 
Commission in accordance with the procedures adopted for this purpose by the Commission.  The 
panel  shall  confer  with  the  members  concerned  and  shall  endeavor  to  resolve  the  dispute 
expeditiously without recourse to binding procedures for the settlement of disputes. 

PART VIII 

NON-MEMBERS 

ARTICLE XXVI. NON-MEMBERS 
1.    The  Commission  and  its  members  shall  encourage  all  States  and  regional  economic  integration 
organizations  referred  to  in  Article  XXVII  of  this  Convention  and,  as  appropriate,  fishing  entities 
referred  to  in  Article  XXVIII  of  this  Convention  that  are  not  members  of  the  Commission  to 
become members or to adopt laws and regulations consistent with this Convention. 

2.    The  members  of  the  Commission  shall  exchange  information  among  themselves,  either  directly  or 
through  the  Commission,  with  respect  to  activities  of  vessels  of  non-members  that  undermine  the 
effectiveness of this Convention. 

3.  The Commission and its members shall cooperate, consistent with this Convention and international 
law,  to  jointly  deter  vessels  of  non-members  from  carrying  out  activities  that  undermine  the 
effectiveness  of  this  Convention.    To  this  end,  the  members  shall,  inter  alia,  call  to  the  attention  of 
non-members such activities by their vessels. 

PART IX 

FINAL PROVISIONS 

ARTICLE XXVII. SIGNATURE 
1. This Convention shall be open for signature at Washington  from November 14, 2003, until December  

31, 2004 by: 

(a)  the Parties to the 1949 Convention; 
(b)   States not Party to the 1949 Convention with a coastline bordering the Convention Area; and 
(c)  States and regional economic integration organizations which are not Parties to the 1949 Convention 
and whose vessels have fished for fish stocks covered by this Convention at any time during the four 
years  preceding  the  adoption  of  this  Convention  and  that  participated  in  the  negotiation  of  this 
Convention; and 

(d)  other  States  which  are  not  Parties  to  the  1949  Convention  and  whose  vessels  have  fished  for  fish 
stocks covered by this Convention at any time during the four years preceding the adoption of this 
Convention, following consultations with the Parties to the 1949 Convention. 

2.  In relation to the regional economic integration organizations referred to in paragraph 1 of this Article, 
no member State of such organizations may sign this Convention unless it represents a territory which 
lies  outside  the  territorial  scope  of  the  treaty  establishing  the  organization  and  provided  that  such 
member State’s participation be limited to representing only the interests of that territory. 

ARTICLE XXVIII. FISHING ENTITIES 
1.  Any fishing entity whose vessels have fished for fish stocks covered by this Convention at any time 
during the four years preceding the adoption of this Convention may express its firm commitment to 
abide by the terms of this Convention and comply with any conservation and management measures 
adopted pursuant thereto, by: 
a)  signing,  during  the  period  referred  to  in  Article  XXVII,  paragraph  1  of  this  Convention,  an 
instrument  drafted  to  this  effect  in  accordance  with  a  resolution  to  be  adopted  by  the 
Commission under the 1949 Convention; and/or  

b)  during  or  after  the  above-mentioned  period,  providing  a  written  communication  to  the 
Depositary  in  accordance  with  a  resolution  to  be  adopted  by  the  Commission  under  the  1949 

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Convention.    The  Depositary  shall  promptly  provide  a  copy  of  this  communication  to  all 
signatories and Parties. 

2.    The  commitment  expressed  pursuant  to  paragraph  1  of  this  Article  shall  be  effective  from  the  date 
referred  to  in  Article  XXXI,  paragraph  1,  of  this  Convention,  or  on  the  date  of  the  written 
communication referred to in paragraph 1 of this Article, whichever is later.  

3.  Any fishing entity referred to above may express its firm commitment to abide by the terms of this 
Convention as it may be amended pursuant to Article XXXIV or Article XXXV of this Convention by 
providing a written communication to this effect to the Depositary in accordance with the resolution 
referred to in paragraph 1 of this Article. 

4.  The commitment expressed pursuant to paragraph 3 of this Article shall be effective from the dates 
referred to in Article XXXIV, paragraph 3, and Article XXXV, paragraph 4, of this Convention, or 
on the date of the written communication referred to in paragraph 3 of this Article, whichever is later. 

ARTICLE XXIX. RATIFICATION, ACCEPTANCE OR APPROVAL 
This Convention is subject to ratification, acceptance or approval  by the signatories in accordance with 
their domestic laws and procedures. 

ARTICLE XXX. ACCESSION 
This  Convention  shall  remain  open  to  accession  by  any  State  or  regional  economic  integration 
organization : 
(a)  that meets the requirements of Article XXVII of this Convention; or 
(b)  whose  vessels  fish  for  fish  stocks  covered  by  this  Convention,  following  consultations  with  the 

Parties; or 

(c)  that is otherwise invited to accede on the basis of a decision by the Parties. 

ARTICLE XXXI. ENTRY INTO FORCE 
1.  This Convention shall enter into force fifteen (15) months after the deposit with the Depositary of the 
seventh  instrument  of  ratification,  acceptance,  approval,  or  accession  of  the  Parties  to  the  1949 
Convention  that  were  Parties  to  that  Convention  on  the  date  this  Convention  was  opened  for 
signature. 

2.  After the date of entry into force of this Convention, with respect to each State or regional economic 
integration  organization  that  meets  the  requirements  of  Article  XXVII  or  Article  XXX,  this 
Convention shall enter into force for said State or regional economic integration organization on the 
thirtieth  (30th)  day  following  the  deposit  of  its  instrument  of  ratification,  acceptance,  approval,  or 
accession. 

3.    Upon  entry  into  force  of  this  Convention,  this  Convention  shall  prevail,  as  between  Parties  to  this 

Convention and the 1949 Convention, over the 1949 Convention. 

4.    Upon  the  entry  into  force  of  this  Convention,  conservation  and  management  measures  and  other 
arrangements adopted by the Commission under the 1949 Convention shall remain in force until such 
time as they expire, are terminated by a decision of the Commission, or are replaced by other measures 
or arrangements adopted pursuant to this Convention. 

5.  Upon entry into force of this Convention, a Party to the 1949 Convention that has not yet consented 
to be bound by this Convention shall be deemed to remain a member of the Commission unless such 
Party  elects  not  to  remain  a  member  of  the  Commission  by  so  notifying  the  Depositary  in  writing 
prior to the entry into force of this Convention. 

6.  Upon entry into force of this Convention for all Parties to the 1949 Convention, the 1949 Convention 
shall be considered as terminated in accordance with the relevant rules of international law as reflected 
in Article 59 of the Vienna Convention on the Law of Treaties. 

ARTICLE XXXII. PROVISIONAL APPLICATION 
1.  In accordance with its laws and regulations, a State or regional economic integration organization that 
meets  the  requirements  of  Article  XXVII  or  Article  XXX  of  this  Convention  may  apply  this 
Convention provisionally by so notifying the Depositary in writing. Such provisional application shall 

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commence on the later of the date of entry into force of this Convention and the date of receipt of 
such notification by the Depositary. 

2.    Provisional  application  of  this  Convention  by  a  State  or  regional  economic  integration  organization 
referred to in paragraph 1 of this Article shall terminate upon entry into force of this Convention for 
that  State  or  regional  economic  integration  organization,  or  upon  notification  to  the  Depositary  by 
that  State  or  regional  economic  integration  organization  of  its  intention  to  terminate  its  provisional 
application of this Convention. 

No reservations may be made to this Convention. 

ARTICLE XXXIII. RESERVATIONS 

ARTICLE XXXIV. AMENDMENTS 
1.  Any member of the Commission may propose an amendment to the Convention by providing to the 
Director  the  text  of  a  proposed  amendment  at  least  sixty  (60)  days  in  advance  of  a  meeting  of  the 
Commission.  The Director shall provide a copy of this text to all other members promptly. 

2.  Amendments to the Convention shall be adopted in accordance with Article IX, paragraph 2, of this 

Convention. 

3.    Amendments  to  this  Convention  shall  enter  into  force  ninety  (90)  days  after  all  Parties  to  the 
Convention  at  the  time  the  amendments  were  approved  have  deposited  their  instruments  of 
ratification, acceptance, or approval of such amendments with the Depositary. 

4.  States or regional economic integration organizations that become Parties to this Convention after the 
entry into force of amendments to the Convention or its annexes shall be considered to be Party to 
the Convention as amended. 

ARTICLE XXXV. ANNEXES 
1.    The  Annexes  to  this  Convention  form  an  integral  part  thereof  and,  unless  expressly  provided 

otherwise, a reference to this Convention includes a reference to the Annexes thereto. 

2.    Any  member  of  the  Commission  may  propose  an  amendment  to  an  Annex  to  the  Convention  by 
providing to the Director the text of a proposed amendment at least sixty (60) days in advance of a 
meeting  of  the  Commission.    The  Director  shall  provide  a  copy  of  this  text  to  all  other  members 
promptly. 

3.    Amendments  to  the  Annexes  shall  be  adopted  in  accordance  with  Article  IX,  paragraph  2,  of  this 

Convention. 

4.    Unless  otherwise  agreed,  amendments  to  an  Annex  shall  enter  into  force  for  all  members  of  the 

Commission ninety (90) days after their adoption pursuant to paragraph 3 of this Article. 

ARTICLE XXXVI. WITHDRAWAL 
1.  Any Party may withdraw at any time after twelve (12) months from the date on which this Convention 
entered into force with respect to that Party by giving written notice of withdrawal to the Depositary.  
The Depositary shall inform the other Parties of the withdrawal within thirty (30) days of receipt of 
such notice.  The withdrawal shall become effective six (6) months after receipt of such notice by the 
Depositary. 

2.  This article applies, mutatis mutandis, to any fishing entity with respect to its commitment under Article 

XXVIII of this Convention. 

ARTICLE XXXVII. DEPOSITARY 
The  original  texts  of  this  Convention  shall  be  deposited  with  the  Government  of  the  United  States  of 
America, which shall send certified copies thereof to  the signatories and the Parties thereto, and to  the 
Secretary General of the United Nations for registration and publication, pursuant to Article 102 of the 
Charter of the United Nations. 
IN  WITNESS  WHEREOF,  the  undersigned  Plenipotentiaries,  having  been  duly  authorized  by  their 
respective Governments, have signed this Convention. 
DONE  at  Washington,  on this 14th day of November, 2003, in English, Spanish and French, all three 
texts being equally authentic. 

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ANNEX 1. GUIDELINES AND CRITERIA FOR THE ESTABLISHMENT OF RECORDS OF 
VESSELS 
1.  In application of Article XII, subparagraph (k) of paragraph 2, of this Convention, each Party shall 
maintain a record of vessels entitled to fly its flag and authorized to fish in the Convention Area 
for fish stocks covered by this Convention, and shall ensure that the following information for all 
such vessels is entered in that record: 
(a) Name of vessel, registration number, previous names (if known) and port of registry; 
(b) A photograph of the vessel showing its registration number; 
(c) Name and address of owner or owners; 
(d) Name and address of operator(s) and/or manager(s) if any; 
(e) Previous flag (if known and if any); 
(f) International Radio Call Sign (if any); 
(g) Where and when built; 
(h) Type of vessel; 
(i) Type of fishing methods; 
(j) Length, beam and moulded depth; 
(k) Gross tonnage; 
(l) Power of main engine or engines; 

(m) The nature of the authorization to fish granted by the flag State; 
(n) Freezer type, freezer capacity, and number and capacity of fish holds. 

2.  The Commission may decide to exempt vessels from the requirements of paragraph 1 of this Annex 

on the basis of their length or other characteristic. 

3.    Each  Party  shall  provide  to  the  Director,  in  accordance  with  the  procedures  established  by  the 
Commission, the information referred to in paragraph 1 of this Annex and shall promptly  notify 
the Director of any modifications to such information. 

4.   Each Party shall also promptly inform the Director of: 

(a) any additions to the record; 

(b) deletions from the record by reason of: 

i.  the voluntary relinquishment or non-renewal of the fishing authorization by the owner or 

operator of the vessel; 

ii.  the withdrawal of the fishing authorization issued to the vessel in accordance with Article 

XX, paragraph 2, of this Convention; 

iii.  the fact that the vessel is no longer entitled to fly its flag; 

iv.  the scrapping, decommissioning or loss of the vessel; and 

v.  any other reason, 

specifying which of the reasons listed above are applicable. 

5.  This Annex applies, mutatis mutandis, to fishing entities that are members of the Commission. 

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ANNEX 2. PRINCIPLES AND CRITERIA FOR THE PARTICIPATION OF OBSERVERS AT 
MEETINGS OF THE COMMISSION 

1. The Director shall invite to meetings of the Commission convened pursuant to Article VIII of this 
Convention intergovernmental organizations whose work is relevant to the implementation of this 
Convention, as well as non-Parties interested in conservation and sustainable use of the fish stocks 
covered by this Convention that so request. 

2.  Non-governmental  organizations  (NGOs)  referred  to  in  Article  XVI,  paragraph  2  of  this 
Convention shall be eligible to participate as observers in all meetings of the Commission and its 
subsidiary bodies convened pursuant to Article VIII of this Convention, except meetings held in 
executive session or meetings of Heads of Delegation. 

3. Any NGO desiring to participate as an observer in a meeting of the Commission shall notify the 
Director of its request to participate at least fifty (50) days in advance of the meeting. The Director 
shall  notify  the  members  of  the  Commission  of  the  names  of  such  NGOs,  together  with  the 
information  specified  in  paragraph  6  of  this  Annex,  at  least  forty-five  (45)  days  prior  to  the 
beginning of the meeting. 

4. If a meeting of the Commission is held with less than fifty (50) days’ notice, the Director shall have 

greater flexibility concerning the time frames established in paragraph 3 of this Annex. 

5. An NGO wishing to participate in the meetings of the Commission and its subsidiary bodies may 

also be allowed to do so on an annual basis, subject to paragraph 7 of this Annex. 

6. Requests for participation referred to in paragraphs 3, 4 and 5 of this Annex shall include the name 
and  office  locations  of  the  NGO,  and  a  description  of  its  mission  and  how  its  mission  and 
activities  are  related  to  the  work  of  the  Commission.    Such  information  shall  be  updated  if 
necessary. 

7. An NGO desiring to participate as an observer may do so unless at least one-third of the members 

of the Commission object for cause in writing to such participation. 

8.  All  observers  admitted  to  a  meeting  of  the  Commission  shall  be  sent  or  otherwise  provided  the 
same documentation generally available to the members of the Commission, except documentation 
containing business-confidential data. 

9. Any observer admitted to a meeting of the Commission may: 

(a) attend meetings, subject to paragraph 2 of this Annex, but not vote; 

(b) make oral statements during the meetings upon the invitation of the Chairman; 

(c) distribute documents at the meeting, with the approval of the Chairman; and 

(d) engage in other activities, as appropriate and as approved by the Chairman. 

10.  The  Director  may  require  non-Party  and  NGO  observers  to  pay  reasonable  fees,  and  to  cover 

costs attributable to their attendance. 

11. All observers admitted to a meeting of the Commission shall comply with all rules and procedures 

applicable to other participants in the meeting. 

12.  Any  NGO  that  does  not  comply  with  the  requirements  of  paragraph  11  of  this  Annex  shall  be 

excluded from further participation in meetings, unless the Commission decides otherwise. 

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ANNEX 3. COMMITTEE FOR THE REVIEW OF IMPLEMENTATION OF MEASURES 
ADOPTED BY THE COMMISSION 

The functions of the Committee for the Review of Implementation of Measures Adopted by the 
Commission established under Article X of this Convention shall be the following: 

(a)  review and monitor compliance with conservation and management measures adopted by the 
Commission, as well as cooperative measures referred to in Article XVIII, paragraph 9, of this 
Convention; 

(b)  analyze information by flag or, when information by flag would not cover the relevant case, 

by vessel, and any other information necessary to carry out its functions; 

(c)  provide the Commission with information, technical advice and recommendations relating to 

the implementation of, and compliance with, conservation and management measures; 

(d)  recommend  to  the  Commission  means  of  promoting  compatibility  among  the  fisheries 

management measures of the members of the Commission; 

(e)  recommend  to  the  Commission  means  to  promote  the  effective  implementation  of  Article 

XVIII, paragraph 10, of this Convention; 

(f)  in consultation with the Scientific Advisory Committee, recommend to the Commission the 
priorities  and  objectives  of  the  program  for  data  collection  and  monitoring  established  in 
Article VII, subparagraph (I) of paragraph 1, of this Convention and assess and evaluate the 
results of that program; 

(g)  perform such other functions as the Commission may direct. 

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ANNEX 4. SCIENTIFIC ADVISORY COMMITTEE 

The  functions  of  the  Scientific  Advisory  Committee  established  under  Article  XI  of  this 
Convention shall be the following: 

(a)  review the plans, proposals and research programs of the Commission, and provide to the 

Commission such advice as may be appropriate; 

(b)  review  any  relevant  assessments,  analyses,  research  or  work,  as  well  as  recommendations 
prepared  for  the  Commission  by  its  scientific  staff  prior  to  consideration  of  such 
recommendations  by  the  Commission,  and  to  provide  additional  information,  advice  and 
comments, as warranted, to the Commission on these matters; 

(c)  recommend to the Commission specific issues and items to be addressed by the scientific 

staff as part of its future work; 

(d)  in  consultation  with  the  Committee  for  the  Review  of  the  Implementation  of  Measures 
Adopted by the Commission, recommend to the Commission the priorities and objectives 
of the program for data collection and monitoring established in Article VII, subparagraph 
(i) of paragraph 1, of this Convention and assess and evaluate the results of that program; 

(e)  assist  the  Commission  and  the  Director  in  locating  sources  of  funding  to  conduct  the 

research to be undertaken under this Convention; 

(f)  develop  and  promote  cooperation  between  and  among  the  members  of  the  Commission 
through  their  research  institutions,  with  the  purpose  of  expanding  the  knowledge  and 
understanding of the fish stocks covered by this Convention; 

(g)  promote  and  facilitate,  as  appropriate,  the  cooperation  of  the  Commission  with  other 

national and international public or private organizations with similar objectives; 

(h)  consider any matter referred to it by the Commission; 

(i)  perform  such  other  functions  and  tasks  as  may  be  requested  or  assigned  to  it  by  the 

Commission. 

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