Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean
Date: 2011-03-09
Institutions: European Commission
Subjects: Pacific Ocean, biodiversity, conservation of fish stocks, environmental protection, fishery management, international convention, law of the sea, signature of an agreement, sustainable development

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EUROPEAN COMMISSION 

Brussels, 9.3.2011 
COM(2011) 103 final 

2011/0047 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Union, of the Convention on the 
Conservation and Management of High Seas Fishery Resources in the South Pacific 
Ocean 

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EXPLANATORY MEMORANDUM 

In 2006, the governments of Australia, Chile and  New  Zealand  took  the initiative to launch 
the  process  of  International  Consultations  on  the  establishment  of  South  Pacific  Regional 
Fisheries  Management  Organisation  (SPRFMO).  The  purpose  of  the  Consultations  was  to 
cooperate  in  addressing  the  gap  in  the  international  conservation  and  management  of  non-
highly  migratory  fisheries  and  protection  of  biodiversity  in  the  marine  environment  in  high 
seas areas of the South Pacific Ocean, consistent with international law and best practice. 

The European Union has fishing interests in the South Pacific and is therefore obliged, under 
the  terms  of  the  UN  Convention  on  the  Law  of  the  Sea,  to  cooperate  with  other  interested 
parties in the management and conservation of the region's resources. 

The  Union  has  participated  in  this  process  from  the  start  and  has  played  an  active  and 
constructive  role.  The  text  of  the  Convention  was  agreed  in  November  2009  and  has  been 
open for signature since 1 February 2010. The Union signed the Convention text on 26 July 
2010 in accordance with Council decision on the signing, on behalf of the European Union, of 
the Convention on the Conservation and Management of High Seas Fishery Resources in the 
South Pacific Ocean adopted on 24 June 2010. 

It  is  advisable  for  the  Union  to  ratify  the  Convention  in  the  near  future  in  order  to  show 
continued support for the establishment of this RFMO and facilitate the process of entry into 
force  of  this  Convention,  for  which  8  ratifications  are  required,  including  3  from  coastal 
States and 3 from non-coastal States.  

The Council is requested to adopt this proposal as soon as possible following the consent of 
the European Parliament. 

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2011/0047 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Union, of the Convention on the 
Conservation and Management of High Seas Fishery Resources in the South Pacific 
Ocean 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43, in conjunction with Article 218(6)(a) thereof, 

Having regard to the proposal from the European Commission1, 

Having regard to the consent of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The Union is competent to adopt measures for the conservation of marine biological 
resources  under  the  common  fisheries policy and to enter into agreements with third 
countries and international organisations. 

Pursuant  to  Council  Decision  98/392/EC3,  the  Union  is  a  Contracting  Party  to  the 
United  Nations  Convention  on  the  Law  of  the  Sea  of  10  December  1982,  which 
requires  all  members  of  the  international  community  to  cooperate  in  conserving  and 
managing the biological resources of the sea. 

Pursuant  to  Council  Decision  98/414/EC4,  the  Union  is  a  Contracting  Party  to  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. 

On  17  April  2007  the  Council  authorised  the  Commission  to  negotiate,  on  behalf  of 
the  Community,  a  Convention  on  a  Regional  Fisheries  Management  Organisation 
(RFMO)  in  the  South  Pacific  for  fishery  resources  not  yet  covered  by  an  existing 
RFMO. 

The  negotiations  were  successfully  concluded  in  Auckland,  New  Zealand,  on  14 
November 2009 by the adoption of a draft text of the Convention on the Conservation 
and  Management  of  High  Seas  Fishery  Resources  in  the  South  Pacific  Ocean 

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2 
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4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 179, 23.6.1998, p. 1. 
OJ L 189, 3.7.1998, p. 14. 

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(hereinafter  referred  to  as  the  "Convention"),  which,  under  its  Article  36(1),  is  open 
for signature for a period of 12 months from 1 February 2010 and was signed by the 
Union on 26 July 2010 in accordance with Council Decision on the signing, on behalf 
of  the  European  Union,  of  the  Convention  on  the  Conservation  and  Management  of 
High Seas Fishery Resources in the South Pacific Ocean. 

(6) 

(7) 

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

Since  vessels  flying  the  flags  of  Member  States  of  the  Union  fish  resources  in  the 
Convention  area,  it  is  in  the  Union's  interest  to  play  an  effective  role  in  the 
implementation of the Convention. 

(8) 

The Convention text should therefore be concluded. 

HAS ADOPTED THIS DECISION:  

Article 1 

The Convention on the Conservation and Management of High Seas Fishery Resources in the 
South Pacific Ocean is hereby concluded on behalf of the Union. 

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 
deposit,  on  behalf  of  the  Union,  the  instrument  of  approval  with  the  Government  of  New 
Zealand acting in his capacity as Depositary of the Convention in accordance with Article 39 
of the Convention. 

Article 3 

This Decision shall enter into force on the first day after its publication. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

Convention on the Conservation and Management of High Seas Fishery Resources in 
the South Pacific Ocean. 

The Contracting Parties, 

Committed to ensuring the long-term conservation and sustainable use of fishery resources in 
the  South  Pacific  Ocean  and  in  so  doing  safeguarding  the  marine  ecosystems  in  which  the 
resources occur; 

Recalling relevant international law as reflected in 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 
of  4  December  1995  and  the  Agreement  to  Promote  Compliance  with  International 
Conservation  and  Management  Measures  by  Fishing  Vessels  on  the  High  Seas  of  24 
November  1993  and  taking  into  account  the  Code  of  Conduct  for  Responsible  Fisheries 
adopted by the Conference of the Food and Agriculture Organisation of the United Nations at 
its twenty eighth session on 31 October 1995; 

Recognising  that  under  international  law  reflected  in  the  relevant  provisions  of  the  above 
agreements,  States  have  a  duty  to  cooperate  with  each  other  in  the  conservation  and 
management of living resources in the areas of the high seas and, as appropriate, to cooperate 
to  establish  sub-regional  or  regional  fisheries  organisations  or  arrangements  with  a  view  to 
taking the measures necessary for the conservation of such resources; 

Taking into consideration that, under international law reflected in the relevant provisions of 
the  United  Nations  Convention  on  the  Law  of  the  Sea  of  10 December 1982,  coastal  States 
have waters under national jurisdiction within which they exercise their sovereign rights for 
the  purpose  of  exploring,  exploiting,  conserving  and  managing  fishery  resources  and 
conserving living marine resources upon which fishing has an impact; 

Recognising  economic  and  geographical  considerations  and  the  special  requirements  of 
developing States, in particular the least-developed among them, and small island developing 
States,  and  territories  and  possessions,  and  their  coastal  communities,  in  relation  to  the 
conservation,  management  and  sustainable  development  of  fishery  resources  and  equitable 
benefit from those resources; 

Noting  the  need  for  regional  fisheries  management  organisations  and  arrangements  to 
undertake performance reviews in order to assess the degree to which they are attaining their 
respective conservation and management objectives; 

Determined  to  cooperate  effectively  to  eliminate  illegal,  unreported  and  unregulated  fishing 
and  the  adverse  impact  that  it  has  on  the  state  of  the  world  fishery  resources  and  the 
ecosystems in which they occur; 

Conscious  of  the  need  to  avoid  adverse  impacts  on  the  marine  environment,  preserve 
biodiversity, maintain the integrity of marine ecosystems and minimise the risk of long term 
or irreversible effects of fishing; 

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Mindful  that  effective  conservation  and  management  measures  must  be  based  on  the  best 
scientific  information  available  and  the  application  of  the  precautionary  approach  and  an 
ecosystem approach to fisheries management; 

Convinced  that  the  long-term  conservation  and  sustainable  use  of  fishery  resources  in  the 
South  Pacific  Ocean  and  the  protection  of  the  marine  ecosystems  in  which  those  resources 
occur may best be achieved by the conclusion of an international convention for that purpose; 

Have agreed as follows: 

Article 1 

DEFINITIONS 

1. 

For the purposes of this Convention: 

a) 

b) 

c) 

d) 

e) 

f) 

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

'1995  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 of 4 December 1995; 

‘Commission’ means the Commission of the South Pacific Regional Fisheries 
Management Organisation established by Article 6; 

‘Convention  Area’  means  the  Area  to  which  this  Convention  applies  in 
accordance with Article 5; 

‘Code  of  Conduct’  means  the  Code  of  Conduct  for  Responsible  Fisheries 
adopted  by  the  28th  session  of  the  Conference  of  the  Food  and  Agriculture 
Organisation of the United Nations (FAO) on 31 October 1995; 

‘fishery  resources’  means  all  fish  within  the  Convention  Area,  including: 
molluscs; crustaceans; and other living marine resources as may be decided by 
the Commission; but excluding: 

i) 

sedentary species in so far as they are subject to the national jurisdiction 
of  coastal  States  pursuant  to  Article  77  paragraph  4  of  the  1982 
Convention; 

ii) 

highly migratory species listed in Annex I of the 1982 Convention; 

iii) 

anadromous and catadromous species; and 

iv)  marine mammals, marine reptiles and sea birds; 

g) 

‘fishing’ means: 

i) 

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

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ii) 

iii) 

iv) 

engaging  in  any  activity  which  can  reasonably  be  expected  to  result  in 
the  locating,  catching,  taking  or  harvesting  of  fishery  resources  for  any 
purpose; 

transhipment and any operation at sea in support of, or in preparation for, 
any activity described in this definition; and 

the  use  of  any  vessel,  vehicle,  aircraft  or  hovercraft,  in  relation  to  any 
activity described in this definition; 

but  does  not  include  any  operation  related  to  emergencies  involving  the  health  or  safety  of 
crew members or the safety of a vessel;  

h) 

‘fishing  vessel’  means  any  vessel  used  or  intended  for  fishing,  including  fish 
processing vessels, support ships, carrier vessels and any other vessel directly 
engaged in fishing operations; 

i) 

‘flag State’ means, unless otherwise indicated: 

i) 

a State whose fishing vessels are entitled to fly its flag; or 

ii) 

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

j) 

‘IUU  fishing’  means  activities  as  referred  to  in  paragraph  3  of  the  FAO 
International  Plan  of  Action  to  Prevent,  Deter  and  Eliminate  Illegal, 
Unreported and Unregulated Fishing, and other activities as may be decided by 
the Commission; 

k) 

‘nationals’ includes both natural and legal persons; 

l) 

m) 

n) 

o) 

includes  offshore 

‘port’ 
transhipping, packaging, processing, refuelling or re-supplying; 

terminals  and  other 

installations  for 

landing, 

‘regional  economic  integration  organisation’  means  a  regional  economic 
integration  organisation 
transferred 
competence  over  matters  covered  by  this  Convention,  including  the  authority 
to make decisions binding on its member States in respect of those matters; 

its  member  States  have 

to  which 

‘serious violation’ has the same meaning as that set out in Article 21 paragraph 
11 of the 1995 Agreement and such other violations as may be specified by the 
Commission; and 

‘transhipment’  means  the  unloading  of  all  or  any  of  the  fishery  resources  or 
fishery  resource  products  derived  from  fishing  in  the  Convention  Area  on 
board a fishing vessel to another fishing vessel either at sea or in port. 

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2. 

. 

a) 

b) 

‘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. 

This Convention applies, mutatis mutandis, to any entity referred to in Article 
305,  paragraph  1  (c),  (d)  and  (e),  of  the  1982  Convention  which  becomes  a 
party  to  this  Convention,  and  to  that  extent  “Contracting  Party”  refers  to  any 
such entity. 

Article 2 

OBJECTIVE 

The objective of this Convention is, through the application of the precautionary approach and 
an  ecosystem  approach  to  fisheries  management,  to  ensure  the  long-term  conservation  and 
sustainable use of fishery resources and, in so doing, to safeguard the marine ecosystems in 
which these resources occur. 

Article 3 

CONSERVATION AND MANAGEMENT PRINCIPLES AND APPROACHES 

1. 

In giving effect to the objective of this Convention and carrying out decision making 
under  this  Convention,  the  Contracting  Parties,  the  Commission  and  subsidiary 
bodies established under Article 6 paragraph 2 and Article 9 paragraph 1 shall: 

a) 

apply, in particular, the following principles; 

i) 

ii) 

conservation and management of fishery resources shall be conducted in 
a transparent, accountable and inclusive manner, taking into account best 
international practices; 

fishing  shall  be  commensurate  with  the  sustainable  use  of  fishery 
resources taking into account the impacts on non-target and associated or 
dependent species and the general obligation to protect and preserve the 
marine environment;  

iii)  overfishing and excess fishing capacity shall be prevented or eliminated; 

iv) 

v) 

vi) 

full  and  accurate  data  on  fishing,  including  information  relating  to 
impacts on the marine ecosystems in which fishery resources occur, shall 
be  collected,  verified,  reported  and  shared  in  a  timely  and  appropriate 
manner; 

decisions shall be based on the best scientific and technical information 
available and the advice of all relevant subsidiary bodies; 

cooperation  and  coordination  among  Contracting  Parties  shall  be 
promoted to ensure that conservation and management measures adopted 
by the Commission and conservation and management measures applied 

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in  respect  of  the  same  fishery  resources  in  areas  under  national 
jurisdiction are compatible; 

vii)  marine  ecosystems  shall  be  protected,  in  particular  those  ecosystems 

which have long recovery times following disturbance; 

viii)  the interests of developing States, in particular the least developed among 
them  and  small  island  developing  States,  and  of  territories  and 
possessions, and the needs of developing State coastal communities, shall 
be recognised; 

ix) 

effective compliance with conservation and management measures shall 
be ensured and sanctions for any violations shall be adequate in severity 
to  discourage  violations  wherever  they  occur  and  in  particular  shall 
deprive  offenders  of  the  benefits  accruing  from  their  illegal  activities; 
and 

x) 

pollution  and  waste  originating  from  fishing  vessels,  discards,  catch  by 
lost  or  abandoned  gear  and  impacts  on  other  species  and  marine 
ecosystems shall be minimised; and 

apply  the  precautionary  approach  and  an  ecosystem  approach  in  accordance 
with paragraph 2. 

The precautionary approach as described in the 1995 Agreement and the Code 
of  Conduct  shall  be  applied  widely  to  the  conservation  and  management  of 
fishery resources in order to protect those resources and to preserve the marine 
ecosystems in which they occur, and in particular the Contracting Parties, the 
Commission and subsidiary bodies shall: 

i) 

ii) 

iii) 

be  more  cautious  when 
inadequate; 

information 

is  uncertain,  unreliable,  or 

not  use  the  absence  of  adequate  scientific  information  as  a  reason  for 
postponing  or  failing  to  take  conservation  and  management  measures; 
and 

take  account  of  best  international  practices  regarding  the  application  of 
the  precautionary  approach,  including  Annex  II  of  the  1995  Agreement 
and the Code of Conduct. 

2. 

b) 

. 

a) 

b)  An  ecosystem  approach  shall  be  applied  widely  to  the  conservation  and 
management of fishery resources through an integrated approach under which 
decisions in relation to the management of fishery resources are considered in 
the  context  of  the  functioning  of  the  wider  marine  ecosystems  in  which  they 
occur  to  ensure  the  long-term  conservation  and  sustainable  use  of  those 
resources and in so doing, safeguard those marine ecosystems. 

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COMPATIBILITY OF CONSERVATION AND MANAGEMENT MEASURES 

Article 4 

1. 

2. 

The  Contracting  Parties  recognise  the  need  to  ensure  compatibility  of  conservation 
and  management  measures  established  for  fishery  resources  that  are  identified  as 
straddling  areas  under  the  national  jurisdiction  of  a  coastal  State  Contracting  Party 
and  the  adjacent  high  seas  of  the  Convention  Area  and  acknowledge  their  duty  to 
cooperate to this end.  

Conservation  and  management  measures  established  for  the  high  seas  and  those 
adopted  for  areas  under  national  jurisdiction  shall  be  compatible  in  order  to  ensure 
conservation  and  management  of  straddling  fishery  resources  in  their  entirety.  In 
developing compatible conservation and management measures for straddling fishery 
resources Contracting Parties shall:  

a) 

b) 

c) 

take into account the biological unity and other biological characteristics of the 
fishery  resources  and  the  relationships  between  the  distribution  of  the 
resources,  the  fishing  activities  for  those  resources  and  the  geographical 
particularities of the region concerned, including the extent to which the fishery 
resources occur and are fished in areas under national jurisdiction; 

take into account the respective dependence of the coastal States and the States 
fishing on the high seas on the fishery resources concerned; and 

ensure that such measures do not result in harmful impact on the living marine 
resources as a whole in the Convention Area. 

3. 

The  Commission’s  initial  conservation  and  management  measures  shall  take  due 
account  of,  and  not  undermine  the  effectiveness  of,  existing  conservation  and 
management  measures  established  by  relevant  coastal  State  Contracting  Parties  in 
respect of areas under national jurisdiction and by Contracting Parties in respect of 
their flag vessels fishing in the adjacent high seas of the Convention Area. 

Article 5 

AREA OF APPLICATION 

1. 

Except as otherwise provided, this Convention applies to waters of the Pacific Ocean 
beyond areas of national jurisdiction in accordance with international law:  

a) 

east of a line extending south along the 120° meridian of east longitude from 
the  outer  limit  of  the  national  jurisdiction  of  Australia  off  the  south  coast  of 
Western  Australia  to  the  intersection  with  the  55°  parallel  of  south  latitude; 
then due east along the 55° parallel of south latitude to the intersection with the 
150° meridian of east longitude; then due south along the 150° meridian of east 
longitude to the intersection with the 60° parallel of south latitude; 

b) 

north of a line extending east along the 60° parallel of south latitude from the 
150° meridian of east longitude to the intersection with the 67o 16’ meridian of 
west longitude; 

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c)  west  of  a  line  extending  north  along  the  67o  16’  meridian  of  west  longitude 
from the 60° parallel of south latitude to its intersection with the outer limit of 
the  national  jurisdiction  of  Chile  then  along  the  outer  limits  of  the  national 
jurisdictions of Chile, Peru, Ecuador and Colombia to the intersection with the 
2o parallel of north latitude; and 

d) 

south  of  a  line  extending  west  along  the  2o  parallel  of  north  latitude  (but  not 
including  the  national  jurisdiction  of  Ecuador  (Galapagos  Islands))  to  the 
intersection with the 150° meridian of west longitude; then due north along the 
150°  meridian  of  west  longitude  to  its  intersection  with  10°  parallel  of  north 
latitude,  then  west  along  the  10°  parallel  of  north  latitude  to  its  intersection 
with  the  outer  limits  of  the  national  jurisdiction  of  the  Marshall  Islands,  and 
then generally south and around the outer limits of the national jurisdictions of 
Pacific States and territories, New Zealand and Australia until it connects to the 
commencement of the line described in paragraph (a) above. 

The  Convention  shall  also  apply  to  waters  of  the  Pacific  Ocean  beyond  areas  of 
national jurisdiction bounded by the 10° parallel of north latitude and the 20° parallel 
of south latitude and by the 135° meridian of east longitude and the 150° meridian of 
west longitude.  

Where for the purpose of this Convention it is necessary to determine the position on 
the surface of the earth of a point, line or area, that position shall be determined by 
reference  to  the  International  Terrestrial  Reference  System  maintained  by  the 
International Earth Rotation Service, which for most practical purposes is equivalent 
to the World Geodetic System 1984 (WGS84). 

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

Article 6 

THE ORGANISATION 

The Contracting Parties hereby agree to establish, maintain and strengthen the South 
Pacific Regional Fisheries Management Organisation “the Organisation”, which shall 
carry out its functions as set forth in this Convention in order to achieve the objective 
of this Convention. 

2. 

3. 

4. 

1. 

2. 

The Organisation shall consist of: 

a) 

a Commission; 

b) 

a Scientific Committee; 

c) 

a Compliance and Technical Committee; 

d) 

an Eastern Sub-regional Management Committee; 

e) 

a Western Sub-regional Management Committee; 

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f) 

a Finance and Administration Committee; 

g) 

a Secretariat, 

and  any  other  subsidiary  bodies  that  the  Commission  may,  from  time  to  time,  establish  in 
accordance with Article 9 paragraph 1 to assist it in its work. 

3. 

4. 

1. 

2. 

3. 

The  Organisation  shall  have  legal  personality  in  accordance  with  international  law 
and  shall  enjoy  in  its  relations  with  other  international  organisations  and  in  the 
territories  of  the  Contracting  Parties  such  legal  capacity  as  may  be  necessary  to 
perform its functions and achieve the objective of this Convention. The immunities 
and privileges which the Organisation and its officers shall enjoy in the territory of a 
Contracting Party shall be subject to an agreement between the Organisation and the 
Contracting  Party  including,  in  particular,  an  agreement  between  the  Organisation 
and the Contracting Party hosting the Secretariat. 

The Secretariat of the Organisation shall be in New Zealand or at such other place as 
may be decided by the Commission. 

Article 7 

THE COMMISSION 

Each Contracting Party shall be a member of the Commission and shall appoint one 
representative  to  the  Commission  who  may  be  accompanied  by  alternative 
representatives, experts and advisers. 

The Commission shall elect a Chairperson and a Vice-Chairperson from among the 
Contracting Parties, each of whom shall serve for a term of two years and shall be 
eligible for re-election but shall not serve for more than two terms in succession in 
the same capacity. The Chairperson and Vice-Chairperson shall be representatives of 
different Contracting Parties. 

The  first  meeting  of  the  Commission  shall  take  place  no  later  than  12 months 
following the entry into force of this Convention. Thereafter the Chairperson of the 
Commission  shall  convene  an  annual  meeting,  unless  the  Commission  decides 
otherwise, at a time and location to be decided by the Commission. The Commission 
shall hold such other meetings as may be necessary to carry out its functions under 
this Convention. 

4. 

The  principle  of  cost  effectiveness  shall  apply  to  the  frequency,  duration  and 
scheduling of meetings of the Commission and its subsidiary bodies. 

Article 8 

FUNCTIONS OF THE COMMISSION 

The  Commission  shall,  in  accordance  with  the  objective,  principles  and  approaches,  and 
specific provisions of this Convention, exercise the following functions:  

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a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

j) 

k) 

l) 

adopt conservation and management measures to achieve the objective of this 
Convention, including, as appropriate, conservation and management measures 
for particular fish stocks; 

determine the nature and extent of participation in fishing for fishery resources 
including, as appropriate, for particular fish stocks; 

develop  rules  for 
dissemination of data;  

the  collection,  verification,  reporting,  storing  and 

promote  the  conduct  of  scientific  research  to  improve  knowledge  of  fishery 
resources  and  marine  ecosystems  in  the  Convention  Area  and  of  the  same 
fishery  resources  in  adjacent  waters  under  national  jurisdiction,  and,  in 
collaboration  with  the  Scientific  Committee,  establish  procedures  for  the 
conduct  of  fishing  for  fishery  resources  for  scientific  purposes  in  the 
Convention Area; 

cooperate  and  exchange  data  with  members  of  the  Commission  and  with 
relevant organisations, coastal States, territories and possessions; 

promote  compatibility  of  conservation  and  management  measures  in  the 
Convention Area, adjacent areas under national jurisdiction and adjacent areas 
of high seas; 

develop  and  establish  effective  monitoring,  control,  surveillance,  compliance 
and  enforcement  procedures, including non-discriminatory market-related and 
trade-related measures; 

develop  processes  in  accordance  with  international  law  to  assess  flag  State 
performance with respect to the implementation of their obligations under this 
Convention and adopt proposals, if appropriate, to promote implementation of 
such obligations; 

adopt measures to prevent, deter and eliminate IUU fishing; 

develop  rules  for  cooperating  non-Contracting  Party  status  under  this 
Convention;  

review  the  effectiveness  of  the  provisions  of  this  Convention  and  the 
conservation  and  management  measures  adopted  by  the  Commission  in 
meeting the objective of this Convention; 

supervise the organisational, administrative, financial and other internal affairs 
of the Organisation, including the relations among constituent bodies; 

m) 

guide the Commission’s subsidiary bodies in their work; 

n) 

adopt by consensus the budget of the Organisation, the financial regulations of 
the  Organisation  and  any  amendments  thereto,  and  its  rules  of  procedure, 
which  may 
recording  decisions 
for 
intersessionally; 

include  procedures 

taking  and 

EN 

13 

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o) 

p) 

adopt and amend as necessary any other regulations necessary for the exercise 
of its functions and those of its subsidiary bodies; and 

exercise any other function and take any other decisions that may be necessary 
for achieving the objective of this Convention. 

Article 9 

SUBSIDIARY BODIES 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

The  Commission  may  establish  other  subsidiary  bodies,  additional  to  the  Scientific 
Committee,  the  Compliance  and  Technical  Committee,  the  Eastern  Sub-regional 
Management Committee, the Western Sub-regional Management Committee and the 
Finance  and  Administration  Committee  as  may  be  required.  Such  additional 
subsidiary bodies may be established on a permanent or temporary basis taking into 
account cost implications. 

In  establishing  such  additional  subsidiary  bodies  the  Commission  shall  provide 
specific terms of reference and methods of work, provided always that such specific 
terms  of  reference  are  consistent  with  the  objective  and  the  conservation  and 
management  principles  and  approaches  of  this  Convention  and  with  the  1982 
Convention and the 1995 Agreement. Such terms of reference and methods of work 
may be reviewed and amended as appropriate by the Commission from time to time. 

All  subsidiary  bodies  shall  report,  advise  and  make  recommendations  to  the 
Commission  and  contribute  to  regular  reviews  of  the  effectiveness  of  conservation 
and management measures adopted by the Commission. 

In carrying out their functions, all subsidiary bodies shall take into consideration the 
relevant  work  of  other  subsidiary  bodies  established  by  the  Commission,  and  as 
appropriate  the  work  of  other  fisheries  management  organisations  and  the  work  of 
other relevant technical and scientific bodies. 

All  subsidiary  bodies  may  establish  working  groups.  Subsidiary  bodies  may  also 
seek external advice as required in accordance with any general or specific guidance 
provided by the Commission. 

All subsidiary bodies shall operate under the rules of procedure of the Commission 
unless otherwise decided by the Commission. 

Article 10 

SCIENTIFIC COMMITTEE  

Each  member  of  the  Commission  shall  be  entitled  to  appoint  one  representative  to 
the Scientific Committee who may be accompanied by alternate representatives and 
advisers. 

2. 

The functions of the Scientific Committee shall be to: 

a) 

plan,  conduct  and  review  scientific  assessments  of  the  status  of  fishery 
resources including, in cooperation with the relevant coastal State Contracting 

EN 

14 

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Party or Parties, fishery resources that straddle the Convention Area and areas 
under national jurisdiction; 

b) 

provide  advice  and  recommendations  to  the  Commission  and  its  subsidiary 
bodies based on such assessments including, as appropriate: 

i) 

reference points, including precautionary reference points as described in 
Annex II of the 1995 Agreement; 

ii)  management  strategies  or  plans  for  fishery  resources  based  on  such 

reference points; and 

iii) 

analyses  of  conservation  and  management  alternatives,  such  as  the 
establishment of total allowable catch or total allowable fishing effort at 
different levels, that estimate the extent to which each alternative would 
achieve  the  objective  or  objectives  of  any  management  strategy  or  plan 
adopted, or under consideration, by the Commission; 

c) 

d) 

provide  advice  and  recommendations  to  the  Commission  and  its  subsidiary 
bodies  on  the  impact  of  fishing  on  the  marine  ecosystems  in  the  Convention 
Area  including  advice  and  recommendations  on  the  identification  and 
distribution of vulnerable marine ecosystems, the likely impacts of fishing on 
such vulnerable marine ecosystems and measures to prevent significant adverse 
impacts on them; 

encourage and promote cooperation in scientific research in  order  to  improve 
knowledge  of  the  state  of  fishery  resources  and  the  marine  ecosystems  in  the 
Convention  Area  including  knowledge  in  relation  to  fishery  resources 
straddling the Convention Area and areas under national jurisdiction; and 

e) 

provide  such  other  scientific  advice  to  the  Commission  and  its  subsidiary 
bodies as it considers appropriate, or as may be requested by the Commission. 

The  rules  of  procedure  of  the  Commission  shall  provide  that  where  the  Scientific 
Committee is unable to provide its advice by consensus, it shall set out in its report 
the different views of its members. The reports of the Scientific Committee shall be 
made publicly available. 

The  Commission,  taking  into  account  any  recommendations  from  the  Scientific 
Committee, may engage the services of scientific experts to provide information and 
advice on the fishery resources and marine ecosystems in the Convention Area and 
any  related  matters  that  may  be  relevant  to  the  Commission’s  consideration  of 
conservation and management measures. 

The Commission shall make appropriate arrangements for the periodic independent 
peer review of the Scientific Committee’s reports, advice and recommendations. 

3. 

4. 

5. 

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15 

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Article 11 

COMPLIANCE AND TECHNICAL COMMITTEE 

1. 

Each  member  of  the  Commission  shall  be  entitled  to  appoint  one  representative  to 
the  Compliance  and  Technical  Committee  who  may  be  accompanied  by  alternate 
representatives and advisers. 

2. 

The functions of the Compliance and Technical Committee shall be to: 

a)  monitor and review the implementation of, and compliance with, conservation 
and management measures adopted under this Convention and provide advice 
and recommendations to the Commission; 

b) 

c) 

provide  such  other  information,  technical  advice  and  recommendations  as  it 
considers appropriate or as may be requested by the Commission relating to the 
implementation of and compliance with the provisions of this Convention and 
the  conservation  and  management  measures  adopted,  or  under  consideration, 
by the Commission; and 

review  the  implementation  of  cooperative  measures  for  monitoring,  control, 
and  surveillance  and  enforcement  adopted  by  the  Commission  and  provide 
advice and recommendations to the Commission. 

Article 12 

EASTERN AND WESTERN SUB-REGIONAL MANAGEMENT COMMITTEES 

1. 

2. 

3. 

4. 

The Eastern and Western Sub-regional Management Committees shall, on their own 
initiative or at the request of the Commission, develop and make recommendations to 
the  Commission  on  conservation  and  management  measures,  in  accordance  with 
Article 20, and on participation in fishing for fishery resources, in accordance with 
Article  21,  for  the  parts  of  the  Convention  Area  described  in  Annex  I.  Such 
recommendations  shall  be  consistent  with  any  measures  of  general  application 
adopted  by  the  Commission  and  shall  require  the  consent  of  the  coastal  State 
Contracting  Party  or  Parties  concerned  on  the  matters  on  which  such  consent  is 
required under Article 20 paragraph 4 and Article 21 paragraph 2. Where appropriate 
the Committees shall make all efforts to coordinate their recommendations. 

The  Commission  may  by  consensus  amend  Annex  I  at  any  time  to  adjust  the 
geographic coordinates it contains. Such amendment shall take effect from the date 
of its adoption, or any other date specified in the amendment. 

The Commission may decide to assign to one Sub-regional Management Committee 
primary  responsibility  for  developing  and  making  recommendations 
the 
Commission in accordance with this Article for a specific fishery resource even if the 
range  of  that  resource  should  extend  beyond  the  part  of  the  Convention  Area  for 
which that Committee has responsibilities in accordance with Annex I. 

to 

Each  Committee  shall  develop  its  recommendations  on  the  basis  of  the  advice  and 
recommendations of the Scientific Committee. 

EN 

16 

   EN 

5. 

. 

a)  Members  of  the  Commission  situated  adjacent  to  the  part  of  the  Convention 
Area for which a Committee has responsibility in accordance with this Article, 
or whose fishing vessels: 

i) 

are currently fishing in that area; or  

ii) 

have fished in that area within the past two years; or  

iii) 

are  fishing  for  a  specific  fishery  resource  assigned  to  that  Committee 
pursuant  to  paragraph  3,  including  in  areas  under  national  jurisdiction 
adjacent to the Convention Area 

shall be members of that Committee. 

b)  Any member of the Commission that is not a member of a Committee pursuant 
to  subparagraph  (a)  that  gives  notice  to  the  Secretariat  of  an  intention  to  fish 
within two years of the notice in the part of the Convention Area for which a 
Committee  has  responsibility  in  accordance  with  this  Article,  shall  become  a 
member of that Committee. If the notifying member of the Commission does 
not fish in that part of the Convention Area within two years of the notice, it 
shall cease to be a member of that Committee. 

c)  Any member of the Commission that is not a member of a Committee pursuant 
to subparagraph (a) or (b) may send a representative to participate in the work 
of that Committee.  

d) 

For  the  purposes  of  this  paragraph,  “fishing”  includes  only  the  activities 
described in Article 1 paragraph 1 (g) (i) and (ii). 

The  Eastern  and  Western  Sub-regional  Management  Committees  shall  make  all 
efforts to adopt their recommendations to the Commission by consensus. If all efforts 
to  reach  agreement  on  a  recommendation  by  consensus  have  been  exhausted, 
recommendations  shall  be  adopted  by  a  two-thirds  majority  of  the  members  of  the 
relevant  Sub-regional  Management  Committee.  Reports  to  the  Commission  may 
include majority and minority views. 

The  recommendations  made  in  accordance  with  this  Article  will  be  the  basis  of 
conservation and management measures and decisions referred to in Articles 20 and 
21, respectively, that shall be adopted by the Commission. 

Any  extraordinary  costs  incurred  for  the  work  of  either  of  the  Sub-regional 
Management Committees shall be borne by the members of the relevant Committee. 

Article 13  

FINANCE AND ADMINISTRATION COMMITTEE 

Each  member  of  the  Commission  shall  be  entitled  to  appoint  one  representative  to 
the  Finance  and  Administration  Committee  who  may  be  accompanied  by  alternate 
representatives and advisers. 

6. 

7. 

8. 

1. 

EN 

17 

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2. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

The  functions  of  the  Finance  and  Administration  Committee  shall  be  to  advise  the 
Commission on the budget, on the time and place of meetings of the Commission, on 
publications of the Commission, on matters relating to the Executive Secretary and 
the staff of the Secretariat and on such other financial and administrative matters as 
may be referred to it by the Commission. 

Article 14 

SECRETARIAT 

The Secretariat shall perform the functions delegated to it by the Commission. 

The  chief  administrative  officer  of  the  Secretariat  shall  be  the  Executive  Secretary, 
who shall be appointed with the approval of the Contracting Parties on such terms as 
they may determine. 

Any  employees  of  the  Secretariat  shall  be  appointed  by  the  Executive  Secretary  in 
accordance with such staff regulations as may be determined by the Commission. 

The Executive Secretary shall ensure the effective functioning of the Secretariat. 

The Secretariat to be established under this Convention shall be cost effective. The 
setting  up  and  the  functioning  of  the  Secretariat  shall,  where  appropriate,  take  into 
account  the  capacity  of  existing  regional  institutions  to  perform  certain  technical 
secretariat  functions  and  more  specifically  the  availability  of  services  under 
contractual arrangement. 

Article 15 

BUDGET 

The Commission, at its first meeting, shall adopt a budget to fund the Commission 
and its subsidiary bodies, and shall also adopt financial regulations. All decisions on 
the budget and financial regulations, including decisions relating to the contributions 
of  members  of  the  Commission  and  the  formula  for  calculating  such  contributions, 
shall be taken by consensus. 

Each member of the Commission shall contribute to the budget. The amount of the 
annual  contributions  due  from  each  member  of  the  Commission  shall  be  a 
combination  of  a  variable  fee  based  on  its  total  catch  of  such  fishery  resources  as 
may  be  specified  by  the  Commission  and  a  basic  fee  and  shall  take  account  of  its 
economic  status.  For  members  of  the  Commission  whose  only  catch  in  the 
Convention Area is that of its territories adjoining the Convention Area the economic 
status shall be that of the territory concerned. The Commission shall adopt and may 
amend a formula for the calculation of these contributions which shall be set out in 
the financial regulations of the Commission. 

The Commission may request and accept financial contributions and other forms of 
assistance from organisations, individuals and other sources for purposes connected 
with the fulfilment of its functions. 

EN 

18 

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4. 

5. 

6. 

7. 

8. 

9. 

The  Executive  Secretary  shall  submit  a  draft  of  the  annual  budget  for  the  two 
succeeding  financial  years  to  each  member  of  the  Commission  together  with  a 
schedule  of  contributions,  not  less  than  60  days  before  the  meeting  of  the  Finance 
and Administration Committee where the Committee will adopt its recommendations 
to  the  Commission.  In  preparing  the  draft  budget  the  Secretariat  shall  take  full 
account  of  the  need  for  cost  effectiveness  together  with  the  guidance  of  the 
Commission as to the meetings of the subsidiary bodies that may be required in the 
budget  year.  Each  annual  meeting  of  the  Commission  shall  adopt  a  budget  for  the 
succeeding financial year. 

If  the  Commission  is  unable  to  adopt  a  budget,  the  level  of  contributions  to  the 
administrative budget of the Commission shall be determined in accordance with the 
budget  for  the  preceding  year  for  the  purposes  of  meeting  the  administrative 
expenses of the Commission for the following year until such time as a new budget 
can be adopted by consensus. 

Following  the  annual  meeting  of  the  Commission,  the  Executive  Secretary  shall 
notify  each  member  of  the  Commission  of  its  contribution  due  as  calculated  under 
the  formula  adopted  by  the  Commission  pursuant  to  paragraph  2  and  as  soon  as 
possible thereafter each member of the Commission shall pay its contribution to the 
Organisation. 

Contributions shall be payable in the currency of the country in which the Secretariat 
of the Organisation is located, except if otherwise authorised by the Commission. 

A  Contracting  Party  that  becomes  party  to  this  Convention  during  the  course  of  a 
financial  year  shall  contribute  in  respect  of  that  financial  year  a  part  of  the 
contribution  calculated  in  accordance  with  the  provisions  of  this  Article  that  is 
proportionate to the number of complete months remaining in the year from the date 
that the Convention enters into force for that Party. 

Unless otherwise decided by the Commission, a member of the Commission that is 
in arrears with its payment of any monies owed to the Organisation by more than two 
years shall not participate in the taking of any decisions by the Commission until it 
has paid all monies owed by it to the Commission. 

10. 

The  financial  activities  of  the  Organisation  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. 

Article 16 

DECISION-MAKING 

1. 

2. 

As a general rule, decisions by the Commission shall be taken by consensus. For the 
purpose of this Article, “consensus” means the absence of any formal objection made 
at the time the decision was taken. 

Except  where  this  Convention  expressly  provides  that  a  decision  shall  be  taken  by 
consensus,  if  the  Chairperson  considers  that  all  efforts  to  reach  a  decision  by 
consensus have been exhausted: 

EN 

19 

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a) 

b) 

decisions  of  the  Commission  on  questions  of  procedure  shall  be  taken  by  a 
majority  of  the  members  of  the  Commission  casting  affirmative  or  negative 
votes; and 

decisions on questions of substance shall be taken by a three-fourths majority 
of the members of the Commission casting affirmative or negative votes. 

When  the  issue  arises  as  to  whether  a  question  is  one  of  substance  or  not,  that 
question shall be treated as one of substance. 

Article 17 

IMPLEMENTATION OF COMMISSION DECISIONS 

Decisions  on  questions  of  substance  adopted  by  the  Commission  shall  become 
binding on the members of the Commission in the following manner: 

3. 

1. 

the Executive Secretary shall promptly notify each decision to all members of 
the Commission; and 

subject to paragraph 2, the decision shall become binding upon all members of 
the  Commission  90  days  after  the  date  of  transmittal  specified  in  the 
notification pursuant to subparagraph (a) “the date of notification”. 

a) 

b) 

2. 

. 

a)  Any  member  of  the  Commission  may  present  to  the  Executive  Secretary  an 
objection to a decision within 60 days of the date of notification “the objection 
period”. In that event the decision shall not become binding on that member of 
the  Commission  to  the  extent  of  the  objection,  except  in  accordance  with 
paragraph 3 and Annex II. 

b)  A member of the Commission that presents an objection shall at the same time: 

i) 

specify in detail the grounds for its objection; 

ii) 

adopt alternative measures that are equivalent in effect to the decision to 
which it has objected and have the same date of application; and 

iii) 

advise the Executive Secretary of the terms of such alternative measures. 

c) 

The only admissible grounds for an objection are that the decision unjustifiably 
discriminates in form or in fact against the member of the Commission, or is 
inconsistent  with  the  provisions  of  this  Convention  or  other  relevant 
international law as reflected in the 1982 Convention or the 1995 Agreement. 

3. 

Any  member  of  the  Commission  that  has  objected  to  a  decision  may  at  any  time 
withdraw that objection. The decision shall then become binding on that member in 
accordance  with  paragraph  1(b)  or  on  the  date  of  the  withdrawal  of  the  objection 
whichever is the later. 

4. 

The Executive Secretary shall promptly notify all members of the Commission of: 

EN 

20 

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the receipt and withdrawal of each objection; and 

the  grounds  for  that  objection  and  the  alternative  measures  adopted,  or 
proposed to be adopted, pursuant to paragraph 2. 

a) 

b) 

5. 

. 

a)  When  an  objection  is  presented  by  a  member  of  the  Commission  pursuant  to 
paragraph 2, a Review Panel shall be established within 30 days after the end 
of  the  objection  period.  The  Review  Panel  shall  be  established  in  accordance 
with the procedures in Annex II.  

b) 

c) 

d) 

The Executive Secretary shall promptly notify all members of the Commission 
of the establishment of the Review Panel. 

If  two  or  more  members  of  the  Commission  present  objections  based  on  the 
same grounds, those objections shall be dealt with by the same Review Panel, 
which shall have the membership specified in Annex II paragraph 2. 

If  two  or  more  members  of  the  Commission  present  objections  on  different 
grounds,  those  objections  may,  with  the  consent  of  the  members  of  the 
Commission concerned, be dealt with by the same Review Panel, which shall 
have the membership specified in Annex II paragraph 2. In the absence of such 
consent, objections on different grounds shall be dealt with by separate Review 
Panels. 

e)  Within 45 days after its establishment, the Review Panel shall transmit to the 
Executive Secretary its findings and recommendations on whether the grounds 
specified  for  the  objection  presented  by  the  member  or  members  of  the 
Commission  are  justified  and  whether  the  alternative  measures  adopted  are 
equivalent in effect to the decision to which objection has been presented. 

f) 

The Executive Secretary shall promptly notify all members of the Commission 
of  the  findings  and  recommendations  of  the  Review  Panel.  The  findings  and 
recommendations of the Review Panel shall be dealt with and have effect as set 
out in Annex II. 

Nothing in this Article limits the right of a member of the Commission at any time to 
refer  a  dispute  concerning  the  interpretation  or  application  of  this  Convention  for 
binding  settlement  in  accordance  with  the  provisions  of this  Convention  relating  to 
the settlement of disputes. 

Article 18 

TRANSPARENCY 

The Commission shall promote transparency in decision making processes and other 
activities carried out under this Convention. 

All  meetings  of  the  Commission  and  its  subsidiary  bodies  shall  be  open  to  all 
participants  and  observers  registered  in  accordance  with  paragraph  4  unless 
otherwise decided by the Commission. The Commission shall publish its reports and 

6. 

1. 

2. 

EN 

21 

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3. 

4. 

conservation  and  management  measures  when  adopted  and  shall  maintain  a  public 
record  of  all  reports  and  conservation  and  management  measures  in  force  in  the 
Convention Area.  

The  Commission  shall  promote  transparency  in  the  implementation  of  this 
Convention  through  the  public  dissemination  of  non-commercially  sensitive 
information and, as appropriate, facilitating consultations with, and the participation 
of,  non-governmental  organisations,  representatives  of 
industry, 
particularly the fishing fleet, and other interested bodies and individuals. 

the  fishing 

Representatives of non-Contracting Parties, relevant intergovernmental organisations 
and  non-governmental  organisations,  including  environmental  organisations  and 
fishing  industry  organisations  with  an  interest  in  matters  pertaining  to  the 
Commission  shall  be  afforded  the  opportunity  to  take  part  in  the  meetings  of  the 
Commission  and  of  its  subsidiary  bodies,  as  observers  or  otherwise  as  appropriate. 
The  rules  of  procedure  of  the  Commission  shall  provide  for  such  participation  and 
shall  not  be  unduly  restrictive  in  this  respect.  The  rules  of  procedure  shall  also 
provide for such representatives to have timely access to all relevant information. 

RECOGNITION OF THE SPECIAL REQUIREMENTS OF DEVELOPING STATES  

Article 19 

1. 

2. 

The Commission shall give full recognition to the special requirements of developing 
State Contracting Parties in the region, in particular the least developed among them 
and small island developing States, and of territories and possessions in the region, in 
relation to the conservation and management of fishery resources in the Convention 
Area and the sustainable use of such resources. 

In  giving  effect  to  the  duty  to  cooperate  in  the  establishment  of  conservation  and 
management  measures  for  fishery  resources  covered  by  this  Convention,  the 
members  of  the  Commission  shall  take  into  account  the  special  requirements  of 
developing State Contracting Parties in the region, in particular the least developed 
among them and small island developing States, and territories and possessions in the 
region, in particular: 

a) 

b) 

c) 

the  vulnerability  of  such  developing  States  and  territories  and  possessions 
which are dependent on the exploitation of living marine resources, including 
for meeting the nutritional requirements of their populations or part thereof; 

the  need  to  avoid  adverse  impacts  on,  and  ensure  access  to  fisheries  by, 
subsistence, small-scale and artisanal fishers and women fish workers, as well 
as  indigenous  people  in  such  developing  States  Parties,  and  territories  and 
possessions; and 

the need to ensure that such measures do not result in transferring, directly or 
indirectly,  a  disproportionate  burden  of  conservation  action  onto  such 
developing State Contracting Parties, and territories and possessions. 

3. 

The  members  of  the  Commission  shall  cooperate  either  directly  or  through  the 
Commission and other regional or sub-regional organisations to: 

EN 

22 

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a) 

b) 

c) 

enhance  the  ability  of  developing  State  Contracting  Parties  in  the  region,  in 
particular the least developed among them and small island developing States, 
and of territories and possessions in the region, to conserve and manage fishery 
resources and to develop their own fisheries for such resources; 

assist developing State Contracting Parties in the region, in particular the least 
developed among them and small island developing States, and territories and 
possessions  in  the  region,  to  enable  them  to  participate  in  fishing  for  fishery 
resources, including facilitating access to such fishery resources consistent with 
Article 3 and Article 21; and 

facilitate the participation of developing State Contracting Parties in the region, 
in  particular  the  least  developed  among  them  and  small  island  developing 
States,  and  of  territories  and  possessions  in  the  region,  in  the  work  of  the 
Commission and its subsidiary bodies. 

Cooperation  for  the  purposes  set  out  in  this  Article  may  include  the  provision  of 
financial  assistance,  assistance  relating  to  human  resources  development,  technical 
assistance, transfer of technology, including through joint venture arrangements, and 
advisory  and  consultative  services.  Such  assistance  shall,  inter  alia,  be  directed 
towards: 

a) 

improved  conservation  and  management  of  fishery  resources 
through 
collection, reporting, verification, exchange and analysis  of fisheries data  and 
related information; 

b) 

stock assessment and scientific research; and 

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

The  Commission  shall  establish  a  fund  to  facilitate  the  effective  participation  of 
developing State Contracting Parties in the region, in particular the least developed 
among them and small island developing States, and, as appropriate, territories and 
possessions in the region, in the work of the Commission and its subsidiary bodies. 
The  financial  regulations  of  the  Commission  shall  include  guidelines  for  the 
administration of the fund and criteria for eligibility for assistance. 

Article 20 

CONSERVATION AND MANAGEMENT MEASURES 

4. 

5. 

1. 

The  conservation  and  management  measures  adopted  by  the  Commission  shall 
include measures to:  

a) 

ensure  the  long-term  sustainability  of  fishery  resources  and  promote  the 
objective of their responsible utilisation; 

EN 

23 

   EN 

b) 

prevent  or  eliminate  over-fishing  and  excess  fishing  capacity  to  ensure  that 
levels of fishing effort do not exceed those commensurate with the sustainable 
use of fishery resources; 

c)  maintain  or  restore  populations  of  non-target  and  associated  or  dependent 
species  to  above  levels  at  which  their  reproduction  may  become  seriously 
threatened; and 

d) 

protect the habitats and marine ecosystems in which fishery resources and non-
target  and  associated  or  dependent  species  occur  from  the  impacts  of  fishing, 
including  measures  to  prevent  significant  adverse  impacts  on  vulnerable 
marine ecosystems and precautionary measures where it cannot adequately be 
determined  whether  vulnerable  marine  ecosystems  are  present  or  whether 
fishing  would  cause  significant  adverse  impacts  on  vulnerable  marine 
ecosystems. 

2. 

The  specific  conservation  and  management  measures  adopted  by  the  Commission 
shall, as appropriate, include the determination of:  

a) 

reference  points,  including  precautionary  reference  points  as  described  in 
Annex II of the 1995 Agreement; 

b) 

the actions to be taken if those reference points are approached or exceeded; 

c) 

the  nature  and  extent  of  fishing  for  any  fishery  resource  including  the 
establishment of a total allowable catch or total allowable fishing effort; 

d) 

the general or specific locations in which fishing may or may not occur; 

e) 

f) 

g) 

the periods in which fishing may or may not occur; 

the size limits in respect of the catch which may be retained; and 

the types of fishing gear, fishing technology, or fishing practices which may be 
used when fishing. 

3. 

In determining a total allowable catch or total allowable fishing effort for any fishery 
resource under paragraph 2 (c), the Commission shall take into account the following 
factors: 

a) 

the status and stage of development of the fishery resource; 

b) 

fishing patterns of the fishery resource; 

c) 

catch  of  the  same  fishery  resource  within  areas  under  national  jurisdiction 
where relevant; 

d) 

an allowance for discards and any other incidental mortality; 

e) 

catch  of  non-target  and  associated  or  dependent  species  and  impacts  on  the 
marine ecosystems in which the fishery resource occurs; 

EN 

24 

   EN 

f) 

g) 

h) 

relevant  ecological  and  biological  factors  limiting  the  nature  of  fishery 
resources that may be harvested; 

relevant environmental factors, including trophic interactions which may have 
an effect upon the fishery resource and non-target and associated or dependent 
species; and 

as  appropriate,  relevant  conservation  and  management  measures  adopted  by 
other intergovernmental organisations. 

The  Commission  shall  regularly  review  the  total  allowable  catch  or  total  allowable  fishing 
effort established for any fishery resource. 

4. 

. 

a) 

For a fishery resource that straddles the Convention Area and an area under the 
national jurisdiction of a coastal State Contracting Party or Parties: 

i) 

the Commission shall establish a total allowable catch or total allowable 
fishing  effort  and  other  conservation  and  management  measures,  as 
appropriate,  for  the  Convention  Area.  The  Commission  and  the  coastal 
State  Contracting  Party  or  Parties  concerned  shall  cooperate  in  the 
coordination of their respective conservation and management measures 
in accordance with Article 4 of this Convention; 

ii)  with the express consent of the coastal State Contracting Party or Parties 
concerned, the Commission may establish, in accordance with Annex III 
of  this  Convention,  and  as  appropriate,  a  total  allowable  catch  or  total 
allowable  fishing  effort  that  will  apply  throughout  the  range  of  the 
fishery resource; and 

iii) 

in  the  case  where  one  or  more  of  the  coastal  State  Contracting  Parties 
does  not  consent  to  a  total  allowable  catch  or  total  allowable  fishing 
effort  that  will  apply  throughout  the  range  of  the  fishery  resource,  the 
Commission may establish, as appropriate, a total allowable catch or total 
allowable  fishing  effort  that  will  apply  in  the  areas  of  national 
jurisdiction  of  the  consenting  coastal  State  Contracting  Party  or  Parties 
and the Convention Area. Annex III will apply, mutatis mutandis, to the 
establishment  of  this  total  allowable  catch  or  total  allowable  fishing 
effort by the Commission. 

b) 

In  cases  covered  by  subparagraph  (a)  (ii)  or  (a)  (iii),  other  complementary 
conservation  and  management  measures  may  be  adopted  so  as  to  ensure 
sustainable  conservation  and  management  of  the  fishery  resource  throughout 
its range. To give effect to this paragraph, such measures may be adopted, in 
accordance  with  the  principles  of  compatibility  outlined  in  Article  4,  by  the 
Commission for the high seas and the coastal State Contracting Party or Parties 
concerned  for  the  areas  under  national  jurisdiction;  and  by  the  Commission, 
with the consent of the coastal State Contracting Party or Parties concerned, for 
measures that will apply throughout the range of the fishery resource. 

EN 

25 

   EN 

c)  All conservation and management measures, including a total allowable catch 
or  total  allowable  fishing  effort,  adopted  by  the  Commission  in  accordance 
with subparagraphs (a) (ii), (a) (iii) and (b) are without prejudice to and do not 
affect  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 in accordance with international law, as reflected in 
the relevant  provisions of  the  1982 Convention and the  1995 Agreement, and 
do  not  in  any  other  respect  affect  the  Area  of  application  of  this  Convention 
established by Article 5. 

5. 

. 

a) 

The Commission shall adopt measures to be applied on an emergency basis, in 
accordance  with  Article  16,  including  intersessionally,  if  necessary,  where 
fishing presents a serious threat to the sustainability of fishery resources or the 
marine  ecosystem  in  which  these  fishery  resources  occur  or  when  a  natural 
phenomenon  or  human  caused  disaster  has,  or  is  likely  to  have,  a  significant 
adverse impact on the status of fishery resources to ensure that fishing does not 
exacerbate such threat or adverse impact. 

6. 

1. 

b)  Measures  taken  on  an  emergency  basis  shall  be  based  on  the  best  scientific 
evidence  available.  Such  measures  shall  be 
temporary  and  must  be 
reconsidered  for  decision  at  the  next  meeting  of  the  Commission  following 
their  adoption.  The  measures  shall  become  binding  on  the  members  of  the 
Commission  in  accordance  with  Article  17  paragraph  1.  Such  measures  shall 
not be open to the objection procedure in Article 17 paragraph 2 but may be the 
subject of dispute settlement procedures under this Convention. 

The  conservation  and  management  measures  adopted  by  the  Commission  shall  be 
progressively developed and integrated into management strategies or plans that set 
out the management objectives for each fishery resource, the reference points against 
which to measure progress in relation to those objectives, the indicators to be used in 
relation  to  those  reference  points  and  the  measures  to  be  taken  in  response  to 
particular indicator levels. 

Article 21 

PARTICIPATION IN FISHING FOR FISHERY RESOURCES 

When  taking  decisions  regarding  participation  in  fishing  for  any  fishery  resource, 
including the allocation of a total allowable catch or total allowable fishing effort, the 
Commission shall take into account the status of the fishery resource and the existing 
level  of  fishing  effort  for  that  resource  and  the  following  criteria  to  the  extent 
relevant: 

a) 

b) 

historic  catch  and  past  and  present  fishing  patterns  and  practices  in  the 
Convention Area; 

compliance  with  the  conservation  and  management  measures  under  this 
Convention;  

EN 

26 

   EN 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

j) 

demonstrated  capacity  and  willingness  to  exercise  effective  flag  State  control 
over fishing vessels;  

contribution  to  the  conservation  and  management  of  fishery  resources, 
including  the  provision  of  accurate  data  and  effective  monitoring,  control, 
surveillance and enforcement;  

the  fisheries  development  aspirations  and  interests  of  developing  States  in 
particular  small  island  developing  States  and  of  territories  and  possessions  in 
the region;  

the  interests  of  coastal  States,  and  in  particular  developing  coastal  States  and 
territories and possessions, in a fishery resource that straddles areas of national 
jurisdiction  of  such  States,  territories  and  possessions  and  the  Convention 
Area;  

the needs of coastal States and of territories and possessions whose economies 
are dependent mainly on the exploitation of and fishing for a fishery resource 
that  straddles  areas  of  national  jurisdiction  of  such  States,  territories  and 
possessions and the Convention Area;  

the  extent  to  which  a  member  of  the  Commission  is  utilising  the  catch  for 
domestic consumption and the importance of the catch to its food security; 

contribution to the responsible development of new or exploratory fisheries in 
accordance with Article 22; and 

contribution  to  the  conduct  of  scientific  research  with  respect  to  fishery 
resources and the public dissemination of the results of such research. 

When the Commission establishes a total allowable catch or total allowable fishing 
effort  for  any  fishery  resource  pursuant  to  Article  20  paragraph 4  (a)  (ii)  or  (iii),  it 
may,  with  the  express  consent  of  the  coastal  State  Contracting  Party  or  Parties 
concerned,  also  take  decisions  regarding  participation  in  fishing  for  that  resource 
throughout its relevant range. 

In  taking  decisions  under  paragraph  2,  the  Commission  shall  take  into  account  the 
historic  catch  and  past  and  present  fishing  patterns  and  practices  throughout  the 
relevant range of the fishery resource concerned and the criteria listed in paragraph 
1(b) – (j). 

When the consent of the coastal State Contracting Party or Parties concerned is not 
provided pursuant to paragraph 2: 

a) 

the  Commission  shall  take  decisions,  in  accordance  with  paragraph 1, 
regarding  allocation  of  the  portion  of  the  total  allowable  catch  or  total 
allowable  fishing  effort  established  pursuant  to  Article 20  paragraph  4  (a)  (i) 
that may be taken in the Convention Area; and 

b) 

the  Commission  and  the  coastal  State  Contracting  Party  or  Parties  concerned 
shall cooperate in accordance with Article 4. 

2. 

3. 

4. 

EN 

27 

   EN 

5. 

6. 

1. 

2. 

3. 

1. 

In  taking  decisions  under  this  Article,  the  Commission  may  also  have  regard,  as 
appropriate, to performance with respect to other international fisheries management 
regimes. 

The Commission shall, when appropriate, review decisions regarding participation in 
fishing  for  fishery  resources,  including  the  allocation  of  a  total  allowable  catch  or 
total  allowable  fishing  effort,  taking  into  account  the  provisions  of  this  Article  and 
the interests of new Contracting Parties. 

Article 22 

NEW OR EXPLORATORY FISHERIES 

A fishery that has not been subject to fishing or has not been subject to fishing with a 
particular gear type or technique for ten years or more shall be opened as a fishery or 
opened to fishing with such gear type or technique only when the Commission has 
adopted  cautious  preliminary  conservation  and  management  measures  in  respect  of 
that fishery, and, as appropriate, non-target and associated or dependent species, and 
appropriate  measures  to  protect  the  marine  ecosystem  in  which  that  fishery  occurs 
from adverse impacts of fishing activities. 

Such  preliminary  conservation  and  management  measures,  which  may  include 
requirements  regarding  notification  of  intention  to  fish,  the  establishment  of  a 
development  plan,  mitigation  measures  to  prevent  adverse  impacts  on  marine 
ecosystems, use of particular fishing gear, the presence of observers, the collection of 
data, and the conduct of research or exploratory fishing, shall be consistent with the 
objective  and  the  conservation  and  management  principles  and  approaches  of  this 
Convention. The measures shall ensure that the new fishery resource is developed on 
a  precautionary  and  gradual  basis  until  sufficient  information  is  acquired  to  enable 
the  Commission  to  adopt  appropriately  detailed  conservation  and  management 
measures. 

The Commission may, from time to time, adopt standard minimum conservation and 
management measures that are to apply in respect of some or all new fisheries prior 
to the commencement of fishing for such new fisheries. 

Article 23 

DATA COLLECTION, COMPILATION AND EXCHANGE 

To  enhance  the  information  base  for  the  conservation  and  management  of  fishery 
resources,  non-target  and  associated  or  dependent  species  and  the  protection  of  the 
marine  ecosystems  in  which  those  resources  occur;  and  to  contribute  to  the 
elimination or reduction of IUU fishing and its negative impact on those resources, 
the  Commission  shall,  taking  full  account  of  Annex  I  of  the  1995  Agreement, 
develop standards, rules and procedures for, inter alia: 

a) 

the  collection,  verification  and  timely  reporting  to  the  Commission  of  all 
relevant data by members of the Commission;  

EN 

28 

   EN 

b) 

c) 

d) 

e) 

f) 

the compilation and management by the Commission of accurate and complete 
data to facilitate effective stock assessment and ensure that the provision of the 
best scientific advice is enabled;  

the  security  of,  access  to  and  dissemination  of  data  while  maintaining 
confidentiality where appropriate; 

the  exchange  of  data  among  members  of  the  Commission,  and  with  other 
regional  fisheries  management  organisations,  and  other  relevant  organisations 
including data concerning vessels engaged in IUU fishing, and, as appropriate, 
concerning  the  beneficial  ownership  of  such  vessels,  with  a  view  to 
consolidating  such  information  into  a  centralised  format  for  dissemination  as 
appropriate;  

the  facilitation  of  coordinated  documentation  and  data-sharing  between 
regional fisheries management organisations, including procedures to exchange 
data on vessel registers, catch documentation and trade tracking schemes where 
applicable; and 

regular  audits  of  Commission  member  compliance  with  data  collection  and 
exchange  requirements,  and  for  addressing  any  non-compliance  identified  in 
such audits. 

2. 

The Commission shall ensure that data are publicly available concerning the number 
of vessels operating in the Convention Area, the status of fishery resources managed 
under  this  Convention,  fishery  resource  assessments,  research  programmes  in  the 
Convention Area, and cooperative initiatives with regional and global organisations. 

Article 24 

OBLIGATIONS OF MEMBERS OF THE COMMISSION 

1. 

Each member of the Commission shall, in respect of its fishing activities within the 
Convention Area: 

a) 

implement  this  Convention  and  any  conservation  and  management  measures 
adopted  by  the  Commission,  and  take  all  necessary  measures  to  ensure  their 
effectiveness; 

b) 

cooperate in furthering the objective of this Convention; 

c) 

d) 

take  all  necessary  measures  to  support  efforts  to  prevent,  deter  and  eliminate 
IUU fishing; and 

collect, verify and report scientific, technical and statistical data pertaining to 
fishery resources and marine ecosystems in the Convention Area in conformity 
with the standards, rules and procedures established by the Commission. 

2. 

Each member of the Commission shall report to the Commission on an annual basis 
indicating how it has implemented the conservation and management measures and 
compliance and enforcement procedures adopted by the Commission. In the case of 
coastal  State  Contracting  Parties,  the  report  shall  include  information  regarding  the 

EN 

29 

   EN 

conservation  and  management  measures  they  have  taken  for  straddling  fishery 
resources  occurring  in  waters  under  their  jurisdiction  adjacent  to  the  Convention 
Area in accordance with Article 20 paragraph 4 and Article 4. Such reports shall be 
made publicly available. 

Without prejudice to the primacy of the responsibility of the flag State, to the greatest 
extent possible, each member of the Commission shall take measures and cooperate 
to  ensure  compliance  by  its  nationals,  or  fishing  vessels  owned,  operated  or 
controlled  by  its  nationals,  with  the  provisions  of  this  Convention  and  any 
conservation  and  management  measures  adopted  by 
the  Commission,  and 
immediately  investigate  any  alleged  violation  of  such  provisions  and  measures. 
Members  of  the  Commission  shall  provide  reports  on  the  progress  of  the 
investigation  to  the  Commission  and  relevant  members  of  the  Commission  at 
appropriate  regular  intervals,  to  the  extent  permitted  by  national  law,  as  well  as  a 
final report on the outcome when the investigation is completed. 

To  the  extent  permitted  by  its  national  laws  and  regulations,  each  member  of  the 
Commission  shall  establish  arrangements  for  making  available  to  prosecuting 
authorities  of  other  members  of  the  Commission  evidence  related  to  alleged 
violations of the provisions of the Convention and any conservation and management 
measures  adopted  by  the  Commission,  including  information  available  on  the 
beneficial ownership of vessels flying its flag. 

Each  member  of  the  Commission  shall  fulfil  in  good  faith  the  obligations  assumed 
under this Convention and shall exercise the rights recognised in this Convention in a 
manner which would not constitute an abuse of right. 

3. 

4. 

5. 

Article 25 

FLAG STATE DUTIES 

1. 

Each  member  of  the  Commission  shall  take  all  necessary  measures  to  ensure  that 
fishing vessels flying its flag: 

a) 

b) 

c) 

d) 

comply  with  the  provisions  of  this  Convention  and  the  conservation  and 
management  measures  adopted  by  the  Commission  and  that  such  vessels  do 
not  engage  in  any  activity  which  undermines  the  effectiveness  of  such 
measures when operating in the Convention Area;  

do  not  conduct  unauthorised  fishing  within  waters  under  national  jurisdiction 
adjacent to the Convention Area; 

carry  and  operate  equipment  sufficient  to  comply  with  vessel  monitoring 
system standards and procedures adopted by the Commission; and 

land or tranship fishery resources caught in the Convention Area in accordance 
with standards and procedures adopted by the Commission. 

2. 

No member of the Commission shall allow any fishing vessel entitled to fly its flag 
to be used for fishing in the Convention Area unless it has been authorised to do so 
by the appropriate authority or authorities of that member of the Commission. 

EN 

30 

   EN 

3. 

Each member of the Commission shall: 

a) 

authorise the use of fishing 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  and  in  accordance  with  international 
law; 

b)  maintain  a  register  of  fishing  vessels  entitled  to  fly  its  flag  and  authorised  to 
fish  for  fishery  resources,  and  ensure  that,  for  all  such  vessels,  such 
information as may be specified by the Commission is entered in that register; 

c) 

d) 

e) 

in  accordance  with  measures  adopted  by  the  Commission,  investigate 
immediately  and  report  fully  on  actions  taken  in  response  to  any  alleged 
violation by fishing vessels flying its flag of the provisions of this Convention 
or  any  conservation  and  management  measure  adopted  by  the  Commission. 
Reporting  shall  include  reports  on  the  progress  of  the  investigation  to  the 
Commission at appropriate regular intervals, to the extent permitted by national 
law,  as  well  as  a  final  report  on  the  outcome  when  the  investigation  is 
completed;  

ensure  that  penalties  applicable  for  such  violations  are  of  an  appropriate 
severity, taking into account relevant factors including the value of the catch, to 
secure  compliance,  discourage  further  violations  and  deprive  offenders  of  the 
benefits accruing from their illegal activities; and 

ensure in particular that, where it has been established, in accordance with its 
laws, that a fishing vessel flying its flag has been involved in the commission 
of  a  serious  violation  of  the  provisions  of  this  Convention  or  of  any 
conservation  and  management  measures  adopted  by  the  Commission,  the 
vessel concerned ceases fishing activities and does not engage in such activities 
in  the  Convention  Area  until  it  has  complied  with  all  outstanding  sanctions 
imposed by the member of the Commission in respect of the violation. 

Each member of the Commission is encouraged to ensure that fishing vessels flying 
its  flag  operate  in  the  Convention  Area  in  accordance  with  applicable  international 
obligations, and with regard to relevant recommendations and guidelines, regarding 
safety at sea for vessels and their crews. 

Each  member  of  the  Commission  shall  ensure  that  fishing  vessels  flying  its  flag 
engaged in or intending to engage in research into fishery resources comply with any 
procedures  established  by  the  Commission  for  the  conduct  of  scientific  research  in 
the Convention Area. 

Article 26 

PORT STATE DUTIES 

A port State Contracting Party has the right and duty to take measures, in accordance 
with  international  law,  to  promote  the  effectiveness  of  sub-regional,  regional  and 
global conservation and management measures. When taking such measures, a port 
State  Contracting  Party  shall  not  discriminate  in  form  or  in  fact  against  the  fishing 
vessels of any State. 

4. 

5. 

1. 

EN 

31 

   EN 

2. 

Each member of the Commission shall: 

3. 

4. 

1. 

a) 

b) 

give  effect  to  conservation  and  management  measures  adopted  by  the 
Commission in relation to the entry and use of its ports by fishing vessels that 
have  engaged  in  fishing  in  the  Convention  Area  including,  inter  alia,  with 
respect to landing and transhipment of fishery resources, inspection of fishing 
vessels, documents, catch and gear on board, and use of port services; and 

provide assistance to flag States, as reasonably practical and in accordance with 
its national law and international law, when a fishing vessel is voluntarily in its 
ports  and  the  flag  State  of  the  vessel  requests  it  to  provide  assistance  in 
ensuring  compliance  with  the  provisions  of  this  Convention  and  with  the 
conservation and management measures adopted by the Commission. 

In the event that a member of the Commission considers that a fishing vessel making 
use  of  its  ports  has  violated  a  provision  of  this  Convention  or  a  conservation  and 
management  measure  adopted  by  the  Commission,  it  shall  notify  the  flag  State 
concerned,  the  Commission  and  other  relevant  States  and  appropriate  international 
organisations.  The  member  of  the  Commission  shall  provide  the  flag  State  and,  as 
appropriate  the  Commission  with  full  documentation  on  the  matter,  including  any 
record of inspection. 

Nothing in this Article affects the exercise by Contracting Parties of their sovereignty 
over ports in their territory in accordance with international law. 

Article 27 

MONITORING, COMPLIANCE AND ENFORCEMENT 

The  Commission  shall  establish  appropriate  cooperative  procedures  for  effective 
monitoring,  control  and  surveillance  of  fishing  and  to  ensure  compliance  with  this 
Convention  and  the  conservation  and  management  measures  adopted  by  the 
Commission including, inter alia: 

a) 

b) 

the  establishment  and  maintenance  of  a  Commission  record  of  vessels 
authorised to fish in the Convention Area, the marking of vessels and fishing 
gear, the recording of fishing activities, and the reporting of vessel movements 
and activities by a satellite vessel monitoring system that shall be designed to 
ensure  the  integrity  and  security  of  near  real  time  transmissions,  including 
through  the  possibility  of  direct  and  simultaneous  transmissions,  to  the 
Commission and flag State; 

an  inspection  programme  for  Contracting  Parties,  both  at  sea  and  in  port, 
including procedures for Contracting Parties to board and inspect each others’ 
vessels  in  the  Convention  Area,  and  procedures  for  notification  of  inspection 
vessels  and  aircraft  of  Contracting  Parties  that  may  participate  in  the 
programme; 

c) 

regulation and supervision of transhipment; 

EN 

32 

   EN 

d) 

e) 

f) 

non discriminatory market-related measures, consistent with international law, 
to  monitor  transhipment,  landings,  and  trade  to  prevent,  deter  and  eliminate 
IUU fishing including, where appropriate, catch documentation schemes; 

reporting on violations detected, progress and outcomes of investigations, and 
enforcement actions taken; and 

addressing IUU fishing activities, including by identifying vessels engaging in 
IUU fishing activities, and by adopting appropriate measures to prevent, deter 
and eliminate IUU fishing, such as the development of an IUU vessels list, so 
that owners and operators of vessels engaging in such activities are deprived of 
the benefits accruing from those activities. 

The Commission may adopt procedures that enable measures, including trade-related 
measures  in  relation  to  fishery  resources,  to  be  applied  by  members  of  the 
Commission  to  any  state,  member  of  the  Commission,  or  entity  whose  fishing 
vessels  engage  in  fishing  activities  that  diminish  the  effectiveness  of,  or  otherwise 
fail  to  comply  with,  the  conservation  and  management  measures  adopted  by  the 
Commission.  Such  measures  should  include  a  range  of  possible  responses  so  that 
account  can  be  taken  of  the  reason  for  and  degree  of  non-compliance  and  should 
initiatives.  Any 
include, 
implementation of trade-related measures by a member of the Commission shall be 
consistent  with  that  member’s  international  obligations,  including  its  obligations 
under the Agreement establishing the World Trade Organisation. 

capacity-building 

appropriate, 

cooperative 

as 

If, within three years of the entry into force of this Convention, the Commission has 
not  adopted  at  sea  inspection  procedures  as  outlined  in  paragraph  1  (b),  or  an 
alternative mechanism which effectively discharges  the  obligations  of  the  members 
of  the  Commission  under  the  1995 Agreement  and  this  Convention  to  ensure 
compliance  with  the  conservation  and  management  measures  adopted  by  the 
Commission,  Articles  21  and  22  of  the  1995  Agreement  shall  apply  among 
Contracting  Parties  as  if  those  Articles  were  part  of  this  Convention,  and  boarding 
and inspection of fishing vessels in the Area, as well as any subsequent enforcement 
action,  shall  be  conducted  in  accordance  with  Articles  21  and  22  of  the  1995 
Agreement and such additional practical procedures as the Commission may decide 
are necessary for the implementation of those Articles. 

Article 28 

OBSERVER PROGRAMME 

The  Commission  shall  establish  an  observer  programme,  within  three  years  of  the 
entry  into  force  of  this  Convention  or  such  other  period  as  the  Commission  may 
agree,  to  collect  verified  catch  and  effort  data,  other  scientific  data  and  additional 
information related to the fishing activity in the Convention Area, and its impacts on 
the marine environment. Information collected by the observer programme shall, as 
appropriate,  also  be  used  to  support  the  functions  of  the  Commission  and  its 
subsidiary bodies, including the Compliance and Technical Committee. The observer 
programme shall be coordinated by the Secretariat of the Commission, and shall be 
organised  in  a  flexible  manner  which  takes  into  account  the  nature  of  the  fishery 

2. 

3. 

1. 

EN 

33 

   EN 

2. 

3. 

1. 

2. 

1. 

resources and other relevant factors. In this regard, the Commission may enter into 
contracts for the provision of the observer programme. 

The  observer  programme  shall  consist  of  independent  and  impartial  observers  that 
are  sourced  from  programmes  or  service  providers  accredited  by  the  Commission. 
The  programme  shall  be  coordinated,  to  the  maximum  extent  possible,  with  other 
regional, sub-regional and national observer programmes. 

The  Commission  shall  develop  the  observer  programme  taking  into  account  advice 
from  the  Scientific  Committee  and  Compliance  and  Technical  Committee.  The 
programme  shall  be  operated  in  accordance  with  standards,  rules  and  procedures 
developed by the Commission including, inter alia: 

a) 

b) 

c) 

d) 

arrangements for the placing of observers by a member of the Commission on 
vessels flying the flag of another member of the Commission with the consent 
of that member; 

levels  of  coverage  appropriate  for  different  fishery  resources  to  monitor  and 
verify catch, effort, catch composition and other details of fishing operations; 

requirements  for  collection,  validation  and  reporting  of  scientific  data  and 
information relevant to the implementation of the provisions of this Convention 
and the conservation and management measures adopted by the  Commission; 
and 

requirements  to  ensure  the  safety  and  training  of  observers,  for  observer 
accommodation  while  on  board  the  vessel,  and  to  ensure  observers  have  full 
access to and use of all relevant facilities and equipment on board the vessel in 
order to perform their duties effectively. 

Article 29 

ANNUAL REPORT OF THE COMMISSION 

The  Commission  shall  publish  an  annual  report,  which  shall  include  details  of 
decisions taken by the Commission to achieve the objective of this Convention. The 
report shall also provide information on actions taken by the Commission in response 
to  any  recommendations  from  the  General  Assembly  of  the  United  Nations  or  the 
FAO. 

Copies  of  the  report  shall  be  publicly  available  and  shall  be  provided  to  the 
Secretary-General of the United Nations and the Director-General of the FAO. 

Article 30 

REVIEWS 

The Commission shall review the effectiveness of the conservation and management 
measures  adopted  by  the  Commission  in  meeting  the  objective  of  this  Convention 
and the consistency of such measures with the principles and approaches in Article 3. 
Such reviews may include examination of the effectiveness of the provisions of the 
Convention itself and shall be undertaken at least every five years. 

EN 

34 

   EN 

2. 

3. 

4. 

1. 

2. 

3. 

1. 

The  Commission  shall  determine  the  terms  of  reference  and  methodology  of  such 
reviews which shall be carried out in accordance with criteria set by the Commission 
which shall be guided by best international practices and shall include contributions 
from the subsidiary bodies as appropriate and the participation of a person or persons 
of recognised competence who is independent of the Commission. 

The  Commission  shall  take  account  of  the recommendations  arising  from  any  such 
review,  including  through  the  appropriate  amendment  of  its  conservation  and 
management measures and the mechanisms for their implementation. Any proposals 
for  amendment  to  the  provisions  of  this  Convention  arising  from  any  such  review 
shall be dealt with in accordance with Article 35. 

The  results  of  any  such  review  shall  be  made  publicly  available  following  its 
submission to the Commission. 

Article 31 

COOPERATION WITH OTHER ORGANISATIONS 

The  Commission  shall  cooperate,  as  appropriate,  with  other  regional  fisheries 
management  organisations,  the  FAO,  with  other  specialised  agencies  of  the  United 
Nations, and with other relevant organisations on matters of mutual interest. 

The  Commission  shall  take  account  of  the  conservation  and  management  measures 
or  recommendations  adopted  by  other  regional  fisheries  management  organisations 
and other relevant intergovernmental organisations that have competency in relation 
to the Convention Area, or in relation to areas adjacent to the Convention Area or in 
respect  of  particular  living  marine  resources  including  non-target  and  associated  or 
dependent species, and that have objectives that are consistent with, and supportive 
of,  the  objective  of  this  Convention.  It  shall  endeavour  to  ensure  that  its  own 
decisions are compatible with, and supportive of, such conservation and management 
measures or recommendations. 

The  Commission  shall  seek  to  make  suitable  arrangements  for  consultation, 
cooperation  and  collaboration  with  such  other  organisations.  In  particular  it  shall 
seek  to  cooperate  with  other  relevant  organisations  with  the  aim  of  reducing  and 
eventually eliminating IUU fishing. 

Article 32 

NON-PARTIES 

Members of the Commission shall exchange information with respect to the activities 
of fishing vessels engaged in fishing in the Convention Area that are flying the flags 
of  non-Contracting  Parties  to  this  Convention.  Members  of  the  Commission  shall 
take  measures,  individually  or  collectively,  consistent  with  this  Convention  and 
international  law  to  deter  activities  of  such  vessels  which  undermine  the 
effectiveness  of  conservation  and  management  measures  applicable 
the 
Convention Area, and shall report to the Commission any action taken in response to 
fishing in the Convention Area by non-Contracting Parties. 

in 

EN 

35 

   EN 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

3. 

Taking account of Articles 116 to 119 of the 1982 Convention, the members of the 
Commission,  individually  or  collectively,  may  draw  the  attention  of  any  State  or 
fishing  entity  which  is  a  non-Contracting  Party  to  this  Convention  to  any  activity 
which  in  the  opinion  of  the  member  or  members  of  the  Commission  affects  the 
implementation of the objective of this Convention. 

the  Commission  shall, 

Members  of 
request 
non-Contracting  Parties  to  this  Convention  whose  vessels  fish  in  the  Convention 
Area  to  become  party  to  this  Convention  or  to  agree  to  cooperate  fully  in  the 
implementation  of  conservation  and  management  measures  adopted  by  the 
Commission. 

individually  or  collectively, 

Members  of  the  Commission,  individually  or  jointly,  shall  seek  the  cooperation  of 
any non-Contracting Party that has been identified as a relevant port State or market 
State to ensure compliance with the objective of this Convention. 

Article 33 

RELATION TO OTHER AGREEMENTS 

Nothing  in  this  Convention  shall  prejudice  the  rights,  jurisdiction  and  duties  of 
Contracting Parties under relevant provisions of international law as reflected in the 
1982 Convention or the 1995 Agreement. 

This Convention shall not alter the rights and obligations of Contracting Parties that 
arise from other agreements compatible with this Convention and that do not affect 
the enjoyment by other Contracting Parties of their rights or the performance of their 
obligations under this Convention. 

Article 34 

Settlement of Disputes 

Contracting  Parties  shall  cooperate  in  order  to  prevent  disputes  and  shall  use  their 
best  endeavours  to  resolve  any  disputes  by  amicable  means  which  may  include, 
where  a  dispute  is  of  a  technical  nature,  referring  the  dispute  to  an  ad  hoc  expert 
panel. 

In any case where a dispute is not resolved through the means set out in paragraph 1, 
the provisions relating to the settlement of disputes set out in Part VIII of the 1995 
Agreement  shall  apply,  mutatis  mutandis,  to  any  dispute  between  the  Contracting 
Parties. 

Paragraph 2 shall not affect the status of any Contracting Party in relation to the 1995 
Agreement or the 1982 Convention. 

EN 

36 

   EN 

Article 35 

AMENDMENTS 

1. 

2. 

3. 

4. 

5. 

The  text  of  proposed  amendments  must  be  provided  to  the  Executive  Secretary  at 
least  90  days  in  advance  of  a  Commission  meeting.  The  Executive  Secretary  shall 
promptly circulate a copy of this text to all members of the Commission. 

Such  proposals  for  amendment  to  this  Convention  shall  be  adopted  by  the 
Commission  by  a  three-fourths  majority  of  the  Contracting  Parties  present  and 
casting  affirmative  or  negative  votes.  Adopted  amendments  shall  be  transmitted  by 
the Depositary to all Contracting Parties without delay. 

An amendment shall take effect for all Contracting Parties one hundred and twenty 
days following the date of transmittal specified in the notification by the Depositary 
of  receipt  of  written  notification  of  approval  by  three-fourths  of  all  Contracting 
Parties  unless  any  other  Contracting  Party  notifies  the  Depositary  that  it  objects  to 
the  amendment  within  ninety  days  of  the  date  of  transmittal  specified  in  the 
notification by the Depositary of such receipt, in which case the amendment shall not 
take effect for any Contracting Party. Any Contracting Party which has objected to 
an  amendment  may  at  any  time  withdraw  that  objection.  If  all  objections  to  an 
amendment  are  withdrawn,  the  amendment  shall  take  effect  for  all  Contracting 
Parties one hundred and twenty days following the date of transmittal specified in the 
notification by the Depositary of receipt of the last withdrawal. 

Any State, regional economic integration organisation, or other entity referred to in 
Article 1 paragraph 2 (b) that becomes a Contracting Party after the adoption of an 
amendment  in  accordance  with  paragraph  2  shall  be  deemed  to  be  bound  by  the 
Convention  as  amended  once  that  amendment  has  entered  into  force  in  accordance 
with paragraph 3. 

The  Depositary  shall  promptly  notify  all  Contracting  Parties  of  the  receipt  of 
notifications of approval of amendments, the receipt of notifications of objection or 
withdrawal of objections, and the entry into force of amendments. 

Article 36 

SIGNATURE, RATIFICATION, ACCEPTANCE AND APPROVAL 

1. 

This Convention shall be open for signature by: 

a) 

States,  the  regional  economic  integration  organisation  and  the  other  entities 
referred  to  in  Article  1,  paragraph  2  (b),  that  participated  in  the  International 
Consultations  on  the  Establishment  of  the  South  Pacific  Regional  Fisheries 
Management Organisation; and 

b) 

any other State or any other entity referred to in Article 1, paragraph 2 (b), that 
has jurisdiction over waters adjacent to the Convention Area; 

and shall remain open for signature for 12 months from the first day of February 2010. 

2. 

This Convention is subject to ratification, acceptance or approval by the signatories. 

EN 

37 

   EN 

3. 

1. 

Instruments  of  ratification,  acceptance  or  approval  shall  be  deposited  with  the 
Depositary. 

Article 37 

ACCESSION 

This  Convention  shall  be  open  for  accession,  after  its  closure  for  signature,  by  any 
State, regional economic integration organisation or other entity referred to in Article 
36  paragraph  1,  and  by  any  other  State  or  any  other  entity  referred  to  in  Article  1 
paragraph 2 (b) having an interest in fishery resources. 

2. 

Instruments of accession shall be deposited with the Depositary. 

Article 38 

ENTRY INTO FORCE 

1. 

This  Convention  shall  enter  into  force  30  days  after  the  date  of  receipt  by  the 
Depositary of the eighth instrument of ratification, accession, acceptance or approval, 
which shall include ratification, accession, acceptance or approval by: 

a) 

b) 

at  least  three  coastal  States  adjacent  to  the  Convention  Area,  which  must 
include representation from both the side of the Convention Area that is east of 
Meridian  120°  West  and  the  side  of  the  Convention  Area  that  is  west  of 
Meridian 120° West; and 

at least three States that are not coastal States adjacent to the Convention Area 
and whose fishing vessels are fishing in the Convention Area or have fished in 
the Convention Area. 

If  within  three  years  of  its  adoption,  this  Convention  has  not  entered  into  force  in 
accordance with paragraph 1, it shall enter into force six months after the deposit of 
the  tenth  instrument  of  ratification,  accession,  acceptance  or  approval,  or  in 
accordance with paragraph 1, whichever is the earlier. 

For each signatory which ratifies, accepts or approves this Convention after its entry 
into force, this Convention shall enter into force for that signatory 30 days after the 
deposit of its instrument of ratification, acceptance or approval. 

For  each  State  or  regional  economic  integration  organisation  which  accedes  to  this 
Convention  after  its  entry  into  force,  this  Convention  shall  enter  into  force  for  that 
State  or  regional  economic  integration  organisation  30  days  after  the  deposit  of  its 
instrument of accession. 

For  the  purposes  of  this  Article,  “fishing”  includes  only  the  activities  described  in 
Article 1 paragraph 1 (g) (i) and (ii). 

2. 

3. 

4. 

5. 

EN 

38 

   EN 

Article 39 

THE DEPOSITARY 

The Government of New Zealand shall be the Depositary of this Convention and any 
amendments  thereto.  The  Depositary  shall  transmit  certified  copies  of  this 
Convention  to  all  signatories  and  shall  register  this  Convention  with  the  Secretary-
General  of  the  United  Nations  pursuant  to Article 102  of  the  Charter  of  the  United 
Nations. 

The  Depositary  shall  inform  all  signatories  of  and  Contracting  Parties  to  this 
Convention of signatures and of instruments of ratification, accession, acceptance or 
approval deposited under Article 36 or 37 and of the date of entry into force of the 
Convention and of any amendments thereto. 

Article 40 

PARTICIPATION BY TERRITORIES 

The  Commission  and  its  subsidiary  bodies  shall  be  open  to  participation,  with  the 
appropriate  authorisation  of  the  Contracting  Party  having  responsibility  for  its 
international  affairs,  to  territories  in  the  region  that  have  an  interest  in  fishery 
resources. 

The  nature  and  extent  of  participation  by  territories  shall  be  provided  for  by  the 
Contracting  Parties  in  separate  rules  of  procedure  of  the  Commission,  taking  into 
account international law, the distribution of competence on matters covered by this 
Convention and the evolution in the capacity of such territory to exercise rights and 
responsibilities  under  this  Convention.  These  rules  of  procedure  shall  provide 
territories  with  the  right  to  participate  fully  in  the  work  of  the  Commission  and  its 
subsidiary  bodies,  except  for  the  right  to  vote  or  block  consensus  on  decisions, 
advice or recommendations. 

Notwithstanding paragraph 2, all such territories shall be entitled to be present and to 
speak  at  the  meetings  of  the  Commission  and  its  subsidiary  bodies.  In  the 
performance of its functions, and in taking decisions, the Commission shall take into 
account the interests of all participants. 

Article 41 

WITHDRAWAL 

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  1  year  after  the  date  of  receipt  of  the  notification,  unless  the  notification 
specifies a later date. 

Withdrawal from this Convention by a Contracting Party shall not affect the financial 
obligations  of  such  Contracting  Party  incurred  prior  to  its  withdrawal  becoming 
effective. 

1. 

2. 

1. 

2. 

3. 

1. 

2. 

EN 

39 

   EN 

3. 

Withdrawal from this Convention by a Contracting Party shall not in any way affect 
the  duty  of  such  Contracting  Party  to  fulfil  any  obligation  embodied  in  this 
Convention  to  which  it  would  be  subject  under  international  law  independently  of 
this Convention. 

Article 42 

TERMINATION 

This Convention shall be automatically terminated if and when, as the result of withdrawals, 
the number of Contracting Parties drops below 4. 

Article 43 

RESERVATIONS 

No reservations or exceptions may be made to this Convention. 

Article 44 

DECLARATIONS AND STATEMENTS 

Article  43  does  not  preclude  a  State,  regional  economic  integration  organisation  or  entity 
referred  to  in  Article  1  paragraph  2  (b),  when  signing,  ratifying  or  acceding  to  this 
Convention, from making declarations or statements, however phrased or named, with a view, 
inter  alia,  to  the  harmonisation  of  its  laws  and  regulations  with  the  provisions  of  this 
Convention,  provided  that  such  declarations  or  statements  do  not  purport  to  exclude  or  to 
modify the legal effect of the provisions of this Convention in their application to that State, 
regional economic integration organisation or entity. 

Article 45 

ANNEXES 

The  Annexes  form  an  integral  part  of  this  Convention  and,  unless  expressly  provided 
otherwise, a reference to this Convention includes a reference to the Annexes relating thereto. 

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having been duly authorised by 
their respective Governments, have signed this Convention. 

DONE  at  Auckland  this  fourteenth  day  of  November,  two  thousand  and  nine,  in  a  single 
original. 

EN 

40 

   EN 

Annex I 

PARTS OF THE CONVENTION AREA FOR WHICH THE EASTERN AND 
WESTERN SUB-REGIONAL MANAGEMENT COMMITTEES HAVE 
RESPONSIBILITIES 

1. 

2. 

The  Eastern  Sub-regional  Management  Committee  shall  be  responsible  for 
developing  and  recommending  to  the  Commission  conservation  and  management 
measures for that part of the Convention Area that lies east of Meridian 120° West. 

The  Western  Sub-regional  Management  Committee  shall  be  responsible  for 
developing  and  recommending  to  the  Commission  conservation  and  management 
measures for that part of the Convention Area that lies west of Meridian 120° West. 

Annex II 

REVIEW PANEL 

Establishment 

1. 

A Review Panel to be established in accordance with Article 17 paragraph 5 shall be 
constituted as follows: 

a) 

b) 

c) 

It shall consist of three members appointed from the list of experts in the field 
of  fisheries  drawn  up  and  maintained  by  the  FAO  pursuant  to  Annex  VIII, 
Article 2 of the 1982 Convention or a similar list maintained by the Executive 
Secretary.  The  list  maintained  by  the  Executive  Secretary  shall  be  made  up 
from experts whose competence in the legal, scientific or technical aspects of 
fisheries  covered  by  this  Convention  is  established  and  generally  recognised 
and who enjoy the highest reputation for fairness and integrity. Each member 
of  the  Commission  shall  be  entitled  to  nominate  up  to  five  experts  and  shall 
provide  information  on  relevant  qualifications  and  experience  of  each  of  its 
nominees.  

The Chairperson of the Commission and the member of the Commission that 
has  presented  objection  to  the  decision  shall  each  appoint  one  member.  The 
name  of  the  member  appointed  by  the  objecting  member  of  the  Commission 
shall be included in the notification of the objection to the Executive Secretary 
pursuant to Article 17 paragraph 2 (a). The name of the member appointed by 
the Chairperson of the Commission shall be notified to the objecting member 
of the Commission within 10 days of the expiry of the objection period.  

The  third  member  shall  be  appointed  within  20  days  of  the  expiry  of  the 
objection  period  through  agreement  between  the  objecting  member  of  the 
Commission  and  the  Chairperson  of  the  Commission  and  shall  not  be  a 
national of the objecting member of the Commission. If there is no agreement 
within  this  time  period  on  the  appointment  of  the  third  member,  the 
appointment shall be made by the Secretary General of the Permanent Court of 
Arbitration, unless it is agreed that the appointment be made by another person 
or third State. 

EN 

41 

   EN 

d) 

The  Review  Panel  is  considered  to  be  established  on  the  date  that  the  third 
member is appointed, and this third member shall chair the Review Panel. 

2. 

If more than one member of the Commission presents an objection to the decision on 
the same grounds, or where there is agreement pursuant to Article 17 paragraph 5 (d) 
that objections  to the  decision made on different grounds may be dealt with by the 
same  Review  Panel,  the  Review  Panel  shall  consist  of  5  members  from  the  lists 
referred to in paragraph 1 (a) and shall be constituted as follows: 

a)  One  member  shall  be  appointed,  in  accordance  with  paragraph  1  (b)  by  the 
member  of  the  Commission  that  presented  the  first  objection,  two  members 
shall be appointed by the Chairperson of the Commission within 10 days of the 
expiry  of  the  objection  period,  one  member  shall  be  appointed  by  agreement 
between the subsequent objecting members of the Commission within 15 days 
of  the  expiry  of  the  objection  period  and  one  member  shall  be  appointed  by 
agreement  between  all  the  objecting  members  of  the  Commission  and  the 
Chairperson of the Commission within 20 days of the expiry of the objection 
period.  If  within  the  latter  two  time  periods  as  appropriate,  agreement  cannot 
be  reached  on  either  of  the  last  two  appointments,  the  appointment  or 
appointments on which agreement has not been reached shall be made by the 
Secretary  General  of  the  Permanent  Court  of  Arbitration  unless  there  is 
agreement that the appointment or appointments be made by another person or 
third State. 

b) 

The  Review  Panel  is  considered  to  be  established  on  the  date  that  the  final 
member  is  appointed.  The  Review  Panel  shall  be  chaired  by  the  member 
appointed by agreement between all the objecting members of the Commission 
and the Chairperson of the Commission in accordance with subparagraph (a). 

3. 

Any vacancy on a Review Panel shall be filled in the manner described for the initial 
appointment.  

Functioning 

4. 

5. 

6. 

7. 

The Review Panel shall determine its own rules of procedure. 

A hearing shall be convened at a place and on a date to be determined by the Review 
Panel within 30 days following its establishment.  

Any  member  of  the  Commission  may  submit  a  memorandum  to  the  Review  Panel 
concerning the objection under review and the Panel shall allow any such member of 
the Commission full opportunity to be heard. 

Unless the Review Panel decides otherwise because of the particular circumstances 
of  the  case,  the  expenses  of  the  Review  Panel,  including  the  remuneration  of  its 
members, shall be borne as follows: 

a) 

70 per cent shall be borne by the objecting member of the Commission, or if 
there is more than one objecting member of the Commission, divided equally 
amongst them; and 

b) 

30 per cent shall be borne by the Commission from its annual budget. 

EN 

42 

   EN 

8. 

9. 

The  findings  and  recommendations  of  the  Review  Panel  shall  be  adopted  by  a 
majority  of  its  members.  Any  member  of  the  Panel  may  attach  a  separate  or 
dissenting opinion. Any decisions on the procedure of the Review Panel shall also be 
taken by a majority of its members. 

The Review Panel shall, within 45 days of its establishment, transmit its findings and 
recommendations to the Executive Secretary in accordance with Article 17 paragraph 
5. 

Findings and Recommendations 

10. 

The  findings  and  recommendations  of  the  Review  Panel  shall  be  dealt  with  as 
follows: 

Findings of Discrimination 

a) 

b) 

If  the  Review  Panel  finds  that  the  decision  to  which  objection  has  been 
presented  discriminates  in  form  or  in  fact  against  the  objecting  member  or 
members  of  the  Commission  and  the  alternative  measures  have  equivalent 
effect  to  the  decision  to  which  objection  has  been  presented,  the  alternative 
measures shall be deemed to be equivalent to the decision and to be binding on 
the  relevant  member  or  members  of  the  Commission  in  substitution  for  the 
decision. 

the 

receipt  of 

such  modifications.  On 

Subject  to  subparagraphs  (d)  and  (e),  if  the  Review  Panel  finds  that  the 
decision to which objection has been presented discriminates in form or in fact 
against  the  objecting  member  or  members  of  the  Commission  and  the 
alternative measures are equivalent in effect to the decision to which objection 
has  been  presented,  subject  to  specific  modifications,  the  Review  Panel  will 
recommend 
findings  and 
recommendations  of  the  Review  Panel  the  objecting  member  or  members  of 
the Commission shall, within 60 days, modify the relevant alternative measures 
as  recommended  by  the  Review  Panel  or  institute  dispute  settlement 
proceedings under this Convention. The alternative measures shall be deemed 
to be equivalent to the decision to which an objection has been presented when 
they  are  modified  as  recommended  by  the  Review  Panel.  Such  alternative 
measures  shall  then  be  binding  on  the  relevant  member  or  members  of  the 
Commission  in  the  modified  form  in  substitution  for  the  decision.  If  the 
objecting  member  or  members  of  the  Commission  choose  to  institute  dispute 
settlement proceedings under this Convention then neither the decision nor the 
modified  alternative  measures  shall  be  binding  on  the  objecting  member  or 
members of the Commission pending decisions made in those proceedings. 

c) 

Subject  to  subparagraphs  (d)  and  (e),  if  the  Review  Panel  finds  that  the 
decision  to  which  objection  has  been  presented  unjustifiably  discriminates  in 
form  or in  fact  against the  objecting member or  members of the Commission 
but  the  alternative  measures  do  not  have  equivalent  effect  to  the  decision  to 
which  objection  has  been  presented  the  objecting  member  or  members  of  the 
Commission  shall,  within  60  days,  adopt  measures  recommended  by  the 
Review  Panel  as  equivalent  in  effect  to  the  decision  to  which  objection  has 
this 
been  presented  or 

institute  dispute  settlement  proceedings  under 

EN 

43 

   EN 

Convention. If the objecting member or members of the Commission adopt the 
measures recommended by the Review Panel these measures shall be deemed 
to  be  binding  on  the  objecting  member  or  members  of  the  Commission  in 
substitution  for  the  decision.  If  the  objecting  member  or  members  of  the 
Commission  choose  to  institute  dispute  settlement  proceedings  under  this 
Convention  then  neither  the  decision  nor  any  measures  recommended  by  the 
Review  Panel  shall  be  binding  on  the  objecting  member  or  members  of  the 
Commission pending decisions made in those proceedings. 

d)  Where  the  Review  Panel  makes  findings  and  recommendations  under 
subparagraphs (b) or (c) the objecting member or members of the Commission 
may within 30 days from the date of the transmittal of the notification of those 
findings  and  recommendations  request  an  extraordinary  meeting  of  the 
Commission. The Extraordinary Meeting shall be convened by the Chairperson 
within 45 days of the receipt of any such request. 

e) 

If  the  Extraordinary  Meeting  convened  under  subparagraph  (d)  confirms  or 
modifies  the  recommendations  of  the  Review  Panel,  the  60  day  period  under 
subparagraphs  (b)  or  (c)  as  appropriate,  for  the  implementation  of  those 
findings and recommendations in original or modified form or the institution of 
dispute settlement proceedings, shall run from the date of the transmittal of the 
decision  of  the  Extraordinary  Meeting.  If  the  Extraordinary  Meeting  of  the 
Commission  decides  not  to  confirm  or  modify  the  recommendations  of  the 
Review Panel but to revoke the decision to which objection was presented and 
replace  it  with  a  new  decision  or  a  modified  version  of  the  original  decision, 
the  new  or  modified  decision  shall  become  binding  on  the  members  of  the 
Commission in accordance with Article 17. 

Findings of Inconsistency  

f) 

g) 

h) 

If  the  Review  Panel  finds  that  the  decision  to  which  objection  has  been 
presented  is  inconsistent  with  this  Convention,  the  1982 Convention  or  the 
1995  Agreement  an  Extraordinary  Meeting  of  the  Commission  shall  be 
convened by the Chairperson within 45 days of the notification of the Review 
Panel’s findings and recommendations to reconsider the decision in the light of 
those findings and recommendations. 

If the Extraordinary Meeting of the Commission revokes the decision to which 
objection has been presented and replaces it with a new decision, or a modified 
version  of  the  previous  decision,  the  new  or  modified  decision  shall  become 
binding on the members of the Commission in accordance with Article 17. 

If the Extraordinary Meeting of the Commission confirms its original decision, 
the  objecting  member  or  members  of  the  Commission  shall,  within  45  days, 
implement  the  decision  or  institute  dispute  settlement  proceedings  under  this 
Convention. If the objecting member or members of the Commission choose to 
institute  dispute  settlement  proceedings  under  this  Convention,  the  decision 
shall not be binding on the objecting member or members of the Commission 
pending decisions made in those proceedings. 

Findings of Non-justification of Objection 

EN 

44 

   EN 

i) 

j) 

If  the  Review  Panel  finds  that  the  decision  to  which  objection  has  been 
presented does not discriminate in form or in fact against the objecting member 
or members of the Commission and is not inconsistent with this Convention or 
the 1982 Convention or the 1995 Agreement the objecting member or members 
of the Commission shall, subject to subparagraph (j), within 45 days implement 
the decision or institute dispute settlement proceedings under this Convention. 
If  the  objecting  member  or  members  of  the  Commission  choose  to  institute 
dispute settlement proceedings under this Convention the decision shall not be 
binding  on  the  objecting  member  or  members  of  the  Commission  pending 
decisions made in those proceedings. 

If  the  Review  Panel  finds  that  the  decision  to  which  objection  has  been 
presented does not discriminate in form or in fact against the objecting member 
or members of the Commission and is not inconsistent with this Convention or 
the 1982 Convention or the 1995 Agreement but that the alternative measures 
are equivalent in effect to the decision and should be accepted as such by the 
Commission,  the  alternative  measures  shall  be  binding  on  the  objecting 
member  or  members  of  the  Commission  in  substitution  for  the  decision 
pending  confirmation  of  their  acceptance  by  the  Commission  at  its  next 
meeting. 

EN 

45 

   EN 

Annex III 

PROCEDURES FOR THE ESTABLISHMENT AND IMPLEMENTATION OF A 
TOTAL ALLOWABLE CATCH OR TOTAL ALLOWABLE FISHING EFFORT FOR 
A STRADDLING FISHERY RESOURCE WHEN APPLIED THROUGHOUT ITS 
RANGE 

1. 

2. 

3. 

4. 

5. 

In  accordance  with  Articles  23  and  24,  coastal  State  Contracting  Parties  and 
members of the Commission whose vessels fish for the straddling fishery resource in 
areas under national jurisdiction or on the high seas in the adjacent Convention Area 
shall provide all relevant scientific, technical and statistical data with respect to such 
fishery  resources  to  the  Commission  for  consideration  by  the  Scientific  Committee 
and, as appropriate, the Compliance and Technical Committee. 

In accordance with Article 10, the Scientific Committee shall assess the status of the 
straddling  fishery  resource  throughout  its  range  and  provide  advice  to  the 
the  relevant  Sub-regional  Management  Committee  on  an 
Commission  and 
appropriate  total  allowable  catch  or  total  allowable  fishing  effort  for  the  resource 
throughout  its  range.  Such  advice  should  include  where  possible  estimates  of  the 
extent  to  which  the  establishment  of  a  total  allowable  catch  or  a  total  allowable 
fishing  effort  at  different  levels  would  achieve  the  objective  or  objectives  of  any 
management strategy or plan adopted by the Commission.  

In  accordance  with  Article  12,  and  on  the  basis  of  the  advice  of  the  Scientific 
Committee and any relevant advice of the Compliance and Technical Committee, the 
relevant  Sub-regional  Management  Committee  shall  make  recommendations  to  the 
Commission on a total allowable catch or total allowable fishing effort for the fishery 
resource throughout its range and appropriate measures to ensure the total allowable 
catch or total allowable fishing effort is not exceeded. 

In  accordance  with  Articles  16  and  20,  the  Commission,  on  the  basis  of  the 
recommendations  and  advice  from  the  Scientific  Committee  and  the  relevant  Sub-
regional  Management  Committee  and  any  relevant  advice  of  the  Compliance  and 
Technical  Committee,  shall  establish  a  total  allowable  catch  or  total  allowable 
fishing  effort  for  the  fishery  resource  throughout  its  range  and  adopt  appropriate 
measures to ensure that the total allowable catch or total allowable fishing effort is 
not exceeded. 

In  relation  to  the  conservation  and  management  of  Trachurus  murphyi  (jack 
mackerel), the Commission shall, in accordance with Article 20, and as appropriate, 
give primary consideration to establishing a total allowable catch, without prejudice 
to any other conservation and management measures which it considers appropriate 
to  adopt  to  ensure  the  conservation  and  sustainable  use  of  this  fishery  resource.

EN 

46 

   EN 

Annex IV 

FISHING ENTITIES 

1. 

2. 

3. 

4. 

5. 

After the entry into force of this Convention, any fishing entity whose vessels have 
fished or intend to fish for fishery resources may, by a written instrument delivered 
to  the  Depositary,  express  its  firm  commitment  to  abide  by  the  terms  of  this 
Convention  and  comply  with  any  conservation  and  management  measures  adopted 
pursuant  to  it.  Such  commitment  shall  become  effective  30  days  from  the  date  of 
receipt  of  the  instrument.  Any  such  fishing  entity  may  withdraw  such  commitment 
by  written  notification  addressed  to  the  Depositary.  The  withdrawal  shall  become 
effective  1  year  after  the  date  of  its  receipt,  unless  the  notification  specifies  a  later 
date. 

Any  fishing  entity  referred  to  in  paragraph  1  above  may  by  a  written  instrument 
delivered to the Depositary, express its firm commitment to abide by the terms of the 
Convention as it may be amended pursuant to Article 35(3). This commitment shall 
be effective from the dates referred to in Article 35(3) or on the date of receipt of the 
written communication referred to in this paragraph, whichever is later. 

A fishing entity which has expressed its firm commitment to abide by the terms of 
this  Convention  and  comply  with  conservation  and  management  measures  adopted 
pursuant  to  it  in  accordance  with  paragraph  1  must  abide  by  the  obligations  of 
members  of  the  Commission,  and  may  participate  in  the  work,  including  decision 
making,  of  the  Commission  in  accordance  with  the  provisions  of  this  Convention. 
For  the  purposes  of  this  Convention,  references  to  the  Commission  or  members  of 
the Commission include such fishing entity. 

If  a  dispute  involves  a  fishing  entity  which  has  expressed  its  commitment  to  be 
bound by the terms of this Convention in accordance with this Annex and cannot be 
settled  by  amicable  means,  the  dispute  shall,  at  the  request  of  any  party  to  the 
dispute, be submitted to final and binding arbitration in accordance with the relevant 
rules of the Permanent Court of Arbitration. 

The provisions of this Annex relating to the participation of a fishing entity are only 
for the purposes of this Convention. 

EN 

47 

   EN