CELEX: 51980PC0643
Language: en
Date: 1980-11-03
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF THE CONVENTION ON THE CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 643
Vol. 1980/0205
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(80)643 final
                                                  Brussels . 3rd November 1980
                       PROPOSAL FOR A COUNCIL DECISION
              CONCERNING THE CONCLUSION OF THE CONVENTION ON THE
               CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES
                ( presented by the Commission to the Council )
                                             ' \
                         tel           • •• 4
                         lSS                    J
 COM ( 80 ) 643 final
 ---pagebreak---                   EXPLANATORY MEMORANDUM
I.     Background
On 12 March 1979 , the Council adopted a decision authorizing the Commission
to negotiate, on behalf of the Community , for the establishment . of a           v
Convention on the conservation of Antarctic Marine Living Resources .
A Community representative participated in informal consultations amongst
the consultative Parties to the Antarctic Treaty of 1959 which took place
in Berne in March 1979 and in Washington in June 1979 . The purpose of
these consultations was to prepare a new draft convention .
The influence of the Community representative during these consultations
was limited /inasmuch as certain delegations insisted on closely following
a draft which had bpen drawn up at a previous meeting in Washington in
June 1978 , in which the Community had not participated . Nonetheless , the
Community representative, supported by Member States which are Consultative v
Parties to the 1959 Antarctic Treaty ( Belgium , France and the United
                 Ν                                                         -
Kingdom ), was able to secure the inclusion of several draft articles
providing for the participation of regional economic integration organizations
in the new Convention . The draft Convention prepared in Washington in
June 1979 became the basis for negotiations at the Diplomatic Conference
of the Conservation of Antarctic Marine Living Resources which took place
in Canberra from 7 to 20 May 1980 . • The Convention was opened for signature
on 11th September , 1980 .
II .   The new Convention
A Community, representative with observer . status , together with representatives
of the three Member States of the Community which asre Consultative Parties
to the 1959 Antarctic Treaty and the Federal Republic of Germany , participated
in the Diplomatic Conference . The Conference concluded with the signature ,
of a Final Act approving the text of a new Convention to which the Community
has the right to accede upon its entry into force , r
 ---pagebreak---                                - 2 -
Despite the Limitation of the role of the Community representative to
that of an observer , and the fact that the conference worked on a text
whose basic elements had been drawn up at meetings in which the Community
had not participated , the Community representative secured amendments
on several points which were of particular relevance to the status of the
Community in the Conference , notably Articles X(2 ), XX , and XXIV(2)(c ).
III .     Community participation
The Community was not able to persuade certain Consultative Parties that
it should have the right to participate in the new Convention as a signatory­
( Art . XXVI ), but it did succeed in obtaining an understanding that , despite
the terms of Article XXIX , the Community would accede to the Convention
simply by depositing its Act of Accession with the Depositary ( the
Government of Australia ) and without its accession being subject to
    consultation among Members of the Commission .   The Community was
obliged to accept that this understanding should be recorded only in a
declaration by the Depositary P ^ No objection was raised when this declaration
was made at the end of the Conference .
IV . .   The Commission established by the Convention
The Community representative was not able to secure the adoption of a ,
text of Article VII .which was designed to assure the . right of .
the Community to become a member of the Commission under the same condition%
as the parties referred to in paragraph 2(a ) of this Article, i.e. without
being submitted to the procedure for approval provided for in paragraph
2(d ) of the same article .            "    -■   ' .  ■
The Consultative Parties which opposed the Community 's proposal on this
subject accepted , however , that it would participate in the Commission
from the moment of its accession . to the Convention .   This understanding
was also recorded in the form of a declaration made by the Depositary
during the Conference , a declaration against which no delegations, raised
  ....         (1 )
objections .
 ( 1 ) See Annex to Explanatory Memorandum
 ---pagebreak--- V.      Community participation in Commission decisions
The representatives of the Community and of the Member States concerned
pointed out that the Commission might need to take decisions on matters
for which both the Community and those of its Member States participating
in the Convention are competent .   The other Consultative Parties accepted
that it would be possible for both the Community and its Member States to
participate in the discussion of such questions provided that this would
not lead to an increase in the weight of the Community and, its Member
States in the decision-making process .    In practice this implies that one
Member State or the Community would            refrain from participating
in the taking of the decision in such a case .    The Community representative
accepted this principle which is expressed in paragraph'3 of Article XII .
Given that decisions .in the Commission will be taken by unanimity , the
only case in which such a situation might arise is on^ in which the
Community representative and the representatives of all the Member States
who are members of the Commission , except one , are in favour of a particular
decision .   In this case it would need to be agreed in Community coordination
 that the Member State with an opposing position should not be the one to
 refrain from participating in the taking of the decision under the terms
of Article XII ( 3 ) .
The Community had proposed wording for Article XIIC4 ) which would give
                               /
the Community a weighted vote , equivalent to the number of Member States
participating in the Convention .   But this proposal received no support
and the Community had to accept that it would dispose of no more than
a single vote as in two other Conventions in the field of the conservation
 and management of marine living resources which provide for Community parti­
 cipation ( NAFO , NEAFC ).
The Community representative had sought to introduce a provision into
Article XIX ( budget ) which would specify that , notwithstanding the
general rule set out in Article XII ( 3 ), the Community and each of its
Member States which are members of the Commission would be entitled to
participate in decisions on budgetary and financial matters .
               •                                           /        ■ ,      , '
This proposal was not accepted by the Conference .
 ---pagebreak---                              - 4 -
VI .    Amendments
                 t
The original text included a provision which limited the right of ■
prooosinp amendments to Contractina_Parties whi ch are also . Consultative
Parties to the Antarctic Treaty .   The Community succeeded in eliminating
this provision .
VII .   Conclusion
The Commission considers that it is in the interest of the Community
to participate actively in international cooperation to protect living
resources when it is likely that Community vessels will fish in the waters «
 concerned . This condition applies to the waters covered by . the convention
 in question .                             -
Furthermore the Commission considers that the Community should be a party to
the Convention on the same day as those of its Member States which are signato­
ries to the Convention and , if possible , from the day of its entry into force .
For these reasons the Commission invites the Council
        - , to adopt the attached decision concerning the
          • Conclusion of the Convention on the Conservation     '
             of Antarctic Marine Living resources , and
        -   to record in its minutes the draft declaration
            annexed   hereto
 ---pagebreak---                    ANNEX TO EXPLANATORY MEMORANDUM
                                                             \  ,
                                                                        I
Extract from the closing speech by the Leader of the Australian
Delegation to the Conference on the Conservation of Antartic Marine
Living Resources .
There is one matter of business to which it might be appropriate for
me to refer in conclusion . Since there were some discussions regarding
the accession of the European Community to the Convention , and its
membership of the Commission , I should perhaps record the understanding
of the Australian Government as Depositary that , if the Community were
to lodge an instrument of accession to the Convention , it would be
eligible to become a Member of the Commission . The Australian Government
would act in accordance with that understanding .
 ---pagebreak---                                Counci L   eci sion
              concerning the conclusion of the Convention on the ,
              Conservation of Antarctic Marine Living Resources
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
                                                            . (1 )
Having regard to the opinion of the European Parliament            ,
Whereas the fragile ecological balance of the Antarctic Ocean requires
international regulation of the management and conservation of the marine
living resources thereof ;
Whereas , ^to this end, an international Convention on the Conservation of
Antarctic Marine Living Resources has been drawn up by a diplomatic conference
held in Canberra in May 1980 in which       the Community participated ;
Whereas this Convention will enter into force on the 30th day after the date
when the eigth instrument of ratification is deposited , and that after its
entry into force , the Community may accede to this Convention ; -
Whereas , in order to contribute to the conservation of the resources in the ■
area covered by this convention and in which       Community Fishermen conduct
their activities , it is necessary for the Community to accede to the Convention ;
 HAS DECIDED AS FOLLOWS :
                                        Article 1
 The Convention on the Conservation of Antarctic Marine Living Resources is hereby
 approved on behalf of the European Economic Community . The text of the agreement
 is annexed to    this       Decision ..
                                         Article 2
 The President of the Counci I shall deposit the instrument of approval with the
                                                                            .  (2)
 Australian Government , in conformity with Article XXVII of the Convention
  (?) The date of entry into force of Community accession to the Convention        be
      published in the Official Journal of the European Communities through
      General Secretariat of the Council .
 ---pagebreak---                                  - 2 -
                                Article 3
This    Decision    shall be published in the Official Journal of the
European Communities .
Done at         x                              For . the Council
                                                 The President
 ---pagebreak---             Declaration to be recorded in the minutes of
            the Council meeting on the Decision concerning
            the conclusion of the Convention on the
            Conservation of Antarctic Marine Living Resources
            and the accession of the Community to the Convention
To ensure that the Community accedes to the International Convention on the
Conservation of Antarctic Marine Living Resources on the same date as those
of its Member States which are signatories to the Convention and , if possibl
as soon as it enters into force , the Council agrees that the Member States
which are signatories to the Convention will deposit their instruments of
ratification simultaneously and not before at least 5 other signatory States
have deposited their instruments of ratification and the Community
is in a position to deposit its instrument of accession .
 ---pagebreak---                    FINANCIAL              fiTAT FMfiNT
                                                                                  WTR i         8 / 10 / 1980
   1. BUDOLT LINS COTICUWED I     2987 /2500
   2. ACTION I       Proposal for Council decision concerning the conclusion of the
                      Convention on the Conservation of Antartic Marine Living Resources
  3. LECAL BASIS i Article A3
  4. objectives i Accession by the Community to the above-mentioned Convention.                                            j
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  5. FINANCIAL COraEQ'JUICE                   «OR THE KAJUffiTIWO TEAR CURROT PI&ANCIAL TEAS FCLLCWINO FLNA-'ICIAL YEAR I
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          on the Conservation of Antartic Marine Living Resources , under Article XIX
          of the Convention ;                                                               •
      - Expenses arising from participation in meetings of bodies established under
           the Convention, estimated on the basis of current air fares, daily allowances
          and hotel ceilings .                                                                         ;
6.0 FINANCING POSSIBLE WITH CREDITS INSCJU3ED IN RELEVANT CHAPTER OF CURRENT BUDSET T                          m/Ko
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                                           \
 ---pagebreak---            CONFERENCE ON THE CONSERVATION OF
           ANTARCTIC MARINE LIVING RESOURCES
               CANBERRA , 7-20 MAY 1980
                        FINAL ACT
                            ,1
     The Governments of Argentina , Australia , Belgium , Chile ,
The French Republic , German Democratic Republic , Germany , Federal
Republic of , Japan , New Zealand , Norway , Poland , The Republic of
South Africa , The Union of Soviet Socialist Republics , The United
Kingdom of Great Britain and Northern Ireland , and The United
States of America ;
having accepted the invitation extended to them by the Government
of Australia to participate in a Conference on the Conservation of
Antarctic Marine Living Resources , appointed their representatives ,
advisers and observers who are listed below :
      ARGENTINA
      Representatives
      His Excellency , Ambassador Angel Maria CLIVERI-    L0PE7
      Director-General of Antarctica and Malvinas ,
      Ministry of Foreign Affairs ,
      Buenos Aires
      Alternate Representative
      His Excellency , Minister Ricardo Pedro QUADRI
      Ministry of Foreign Affairs ,
      Buenos Aires
      Delegates
      First Secretary , Joaquin Daniel OTERO
      Ministry of Foreign Affairs ,
      Buenos Aires
      Third Secretary , Bernardo FERNANDEZ DA SILVA
      Ministry of Foreign Affairs ,
      Buenos Aires
      Advisers
      Air General ( R ) Cesar Miguel COMES
      National Director of Antarctic ,
      Ministry of Defence ,
      Buenos Aires
     Rear Admiral ( R ) Alberto Oscar CASELLAS
     Secretary of Marine Affairs ,
     Buenos Aires
     Rear Admiral ( R ) Cesar A. CASTAGNA
     Navy General Headquarters ,
     Buenos Aires
 ---pagebreak--- Lieutenant Colrnel Julio V. FUSCALDO
Antarctic Department ,
Army General Headquarters ,
Buenos Aires
Vice-Commodore ( R ) Oscar CAMPOS
National Directorate of Antarctic ,
Ministry of Defence ,
Buenos Aires
Dr Eduardo Rcbustiano MARENCO
Ministry of Defence ,
Buenos Aires
 Secretary
Miss Celia Margarita CHACON
Ministry of Foreign Affairs
 Buenos Aires
 AUSTRALIA
 Representative
 Mr J.E. RYAN , OBE
 Deputy Secretary ,
 Department of Foreign Affairs
 and subsequently
His Excellency Mr K.G. BRENNAN , AO
Australian Ambassador to Switzerland
Alternate Representatives
Mr G.A. BRENNAN
Assistant Legal Adviser ,
Department of Foreign Affairs
Mr M.J. McKEOWN ,
International Légal Branch ,
Department of Foreign Affairs
Mr J. CARLSON
Oïl and Gas Division ,
Department of National Development and Energy
Mr C.G. McCUE
Acting Director ,
Antarctic Division ,
Department of Science and the Environment
Mr H. JITTS ,
Marine Science Branch ,
Department of Science and the Environment
Mr H. BURMESTER
Principal Legal Officer ,
Attorney-General 's Department
Dr K.R.  KERRY
Antarctic Division ,
Department of Science and the Environment
 ---pagebreak---   Mr B.J. WALKER
  Policy Division
  Department of Science and the Environment
  Mr M. STURMAN
  Policy Branch
  Fisheries Division
  Department of Primary Industry
  Mr A. CATON
  Acting Director
  Resource Management Section
  Department of Primary Industry
  Mr J. BAILEY
  Economic Division
  Department of Foreign Affairs
  Dr G. BAINES
 Australian National Parks & Wildlife Service
 Mr G. KAZS
 Education and Science Branch
  Department of Finance
 Mr N. BRIDGER
 Government and Légal Branch
 Department of the Prime Minister and Cabinet
 Mr D.C. McEWAN
 Policy Division
 Department of Science and the Environment
 Mr D.J. MASON
 Legal and Treaties Division
 Department of Foreign Affairs
 Parliamentary Advisers
 Senator J. KNIGHT
 Senator K.W. SIBRAA
 Mr M. BAILLIEU , MP
 Mr R. JACOBI , MP
 Advisers
 Mr A.J. HARRISON
 Chairman of the Commonwealth/States Standing Committee on Fisheries
 Mr M. KENNEDY
 Representative of the Australian Conservation
    Foundation and Friends of the Earth
BELGIUM
Representative
Professor A. van der ESSEN
Minister .
Ministry of Foreign Affairs
Alternate Representative
Mr M.J. COUVREUR
First Secretary ,
Belgian Embassy ,
Canberra
 ---pagebreak--- CHILE
Representative
His Excellency Sr Nicolás NOVOA
Ambassador on Special Mission
Santiago
Alternate Representatives
His Excellency Sr Jorge VALDOVINOS
Ambassador ,
Embassy of the Republic of Chile ,
Canberra
Delegates
Sr Juan FONTECILLA
  Head of the Antarctic Department ,
 Directorate of State Boundaries and Limits ,
Ministry of Foreign Relations ,
 Santiago
 Sr Carlos CROHARE
Head   of Antarctic Division ,
 Directorate of Special Politics ,
Ministry of Foreign Relations ,
 Santiago
 Sr Celso MORENO
Counsellor ,
 Embassy of the Republic of Chile ,
 Canberra
 Advisers
 Sr Roberto CABEZAS
 Director , Institute of Fisheries Development#
 Economic Ministry ,
 Santiago
FRANCE
Representative
Mr Remy TEISSIER du CROS
Minister Plenipotentiary
Delegation
Mr Daniel HERY
Deputy Director ,
Maritime Fisheries ,
Ministry of Transport
Miss Josiane COURATIER
 Secretary of Foreign Affairs ,
Legal Affairs Division ,
 Ministry of Foreign Affairs
 Mr Gerard BOIVINEAU
 Second Secretary ,
 Embassy of France ,
 Canberra
 ---pagebreak---    Adviser
   Mr Jean Paul BLOCH
   Director of Research ,
   Secretariat of State of Overseas
   Departments and Territories
   GERMAN DEMOCRATIC REPUBLIC
   Representative
   His Excellency Dr Gerhard LINDNER
   Ambassador Extraordinary and Plenipotentiary of
   German Democratic Republic to Australia
   Alternate Representatives
   Dr R. POSER
   First Secretary ,
   Embassy of the German Democratic Republic
   Canberra
   Dr W. RANKE
   Ministry of Regionally Administrated and Foodstuff Industries
  GERMANY , FEDERAL REPUBLIC OF
  Representative
  Dr Heinz W.  DITTMANN
  Ambassador Extraordinary and Plenipotentiary of
  the Federal Republic of Germany
  to Chile
  Alternate Representative
  Mr Norbert KLEESCHULTE
  Counsellor ,
  Federal Ministry of Agriculture and Forestry ,
  Bonn
  Dr ARNOLD
 Counsellor ,
'Federal Ministry for Research and Technology ,
 Bonn
 Mr Ingo RADCKE
 First Secretary ,
 Embassy of the Federal Republic of Germany ,
 Canberra
 Mrs Hubertine STEINHAUSEN
 Assistant Attache ,
 Embassy of the Federal Republic of Germany , .
 Canberra
 ---pagebreak--- JAPAN
Representative
His Excellency Mr Mizuo KURODA
Ambassador Extraordinary and Plenipotentiary
of Japan to Australia
Alternate Representatives
Mr Chusei YAMADA
Deputy Director-General ,
Treaties Bureau ,
Ministry of Foreign Affairs
Mr Takashi TAJIMA
Counsellor ( Political)
Embassy of Japan
Mr Fiji KUSANO
Counsellor (Agriculture , Forestry and Fisheries)
Embassy of Japan
Advisers
Mr Tokuya KIKUCHI
Assistant Director ,
International Affairs Division ,
Oceanic Fishery Department ,
Fishery Agency
Mr Keitaro SATO
First Secretary ,
Embassy of Japan
Mr Jun YOKOTA
Deputy Director ,
International Conventions Division ,
Treaties Bureau ,
Ministry of Foreign Affairs
Mr Kunio SHIMIZU
Deputy Director ,
Fishery Division ,
Economic Affairs Bureau ,
Ministry of Foreign Affairs
Mr Seigi HINATA
First Secretary
Embassy of Japan
 ---pagebreak---   NEW ZEALAND
  Representative
  Mr W.R. MANSFIELD
  Head , Legal Division ,
  Ministry of Foreign Affairs ,
  Wellington
  Alternate Representatives
  Mr A.E. MATHESON
   First Secretary ,
   New Zealand High Commission
  NORWAY
  Representative
 His Excellency Mr Torleiv ANDA
 Ambassador
 Alternate Representative
 Mr H.O. OESTGAARD
 Head of Division ,
 Department of Polar Affairs ,
 Ministry of Justice and Police
 POLAND
 Representative
 His Excellency Mr Ryszard FRACKIEWICZ
Ambassador Extraordinary and Plenipotentiary of the
 Polish People 's Republic in Australia .
Alternate Representative
Mr Janusz MICKIEWICZ
Director of the Legal and Treaties Department ,
Ministry for Foreign Affairs ,
Warsaw
Delegates
Mr Jan PIECHURA Ph.D.
Deputy Director ,
Sea Fisheries Institute ,
Gdynia
Mr Marek ZELAZKO
Legal Adviser ,
Ministry for Foreign Trade and Marine Economy ,
Warsaw
 ---pagebreak--- SOUTH AFRICA
Representative
Mr P.F. THERON
Secretary for Industries ,
Pretoria
Alternate Representatives
Mr P.D. OELOFSEN
Senior Law Adviser ,
Department of Foreign Affairs and Information ,
Pretoria
                               »
Mr T.F. WHEELER
Under-Secretary ,
Department of Foreign Affairs and Information
Pretoria
Mr G.H. STANDER
Director of Seafisheries
Department of Agriculture and Fisheries
Cape Town
Mr H.F. VAN ZYL
Third Secretary ,
 South African Embassy ,
Canberra
USSR
Représentative
 Dr Y. M. RYBAKOV
Head of Treaties and Legal Department ,
Ministry of Foreign Affairs
Alternate Representatives
           1
 Dr V.V. GOLITSIN
Head of Division of Public International Law ,
 Treaties and Legal Department ,
 Ministry of Foreign Affairs
 Dr T.G. LUBIMOVA
 All Union Scientific Institute on Fishery
  and Oceanographic Research
 Ministry of Fisheries
 Dr V.K.   ZILANOV
 Deputy Head of Foreign Relations Department ,
 Ministry of Fisheries
 Adviser
 L.A. RAINA
 Counsellor ,
 Embassy of the USSR
 Canberra
 Secretary
 Miss Ludmila P. PICHUGINA
 Legal and Treaty Department ,
 Ministry of Foreign Affairs
 ---pagebreak--- UNITED KINGDOM
 Representative
Sir Donald LOGAN K.C.M.G.
Foreign and Commonwealth Office
London               ■
Alternate Representatives
Dr John A. HEAP
Head ,
Polar Regions Section ,
Foreign and Commonwealth Office ,
London
Mr David EDWARDS
Legal Adviser ,
Foreign and Commonwealth Office
London
UNITED STATES
Représentative
Morris D. BUSBY
Acting Deputy Assistant Secretary for
   Oceans and Fisheries Affairs ,
Department of State
Alternate Representatives
R. TUCKER   SCULLY
Acting Director ,
Office of Oceans and Polar Affairs ,
Department of State
Carmen J. BLONDIN
Director ,
Office of International Fisheries Affairs ,
National Marine Fisheries Service ,
National Oceanic and Atmospheric Administration
Department of Commerce
David COLSON
Office of the Legal Adviser .
Department of State
Advisers
Joseph E. BENNETT
Division of Polar Programs ,
National Science Foundation
Robert J. HOFMAN
Scientific Program Director ,
Marine Mammal Commission
Alan F. RYAN    ,
Foreign Affairs Officer ,
Office of International Fisheries Affairs ,
National Marine and Fisheries Service ,
National Oceanic and Atmospheric Administration
Department of Commerce
 ---pagebreak---         Private Sector Advisers
        James N. BARNES
        Center for Law and Social Policy ,
        Washington , D.C.
        Katherine GREEN HAMMOND
        Ecosystem Modeling and Simulation
        El Paso , Texas
     The following international organisations were invited by
the Government of Australia to participate as observers in the
Conference and appointed their delegations as follows
       EUROPEAN COMMUNITIES
       Representatives
      Mr M. MARCUSSEN
       Head of Division
      Commission of the European Communities
      Professor J.H.J.    BOURGEOIS
       Legal Adviser
      Commission of the European Communities
      Advisers
       Representatives of the members of the Council of the
      European Communities
      Mr T.M.   KASTEEL
      Acting representative of the Presidency of the
         Council of the European Communities
      Counsellor
      Mr M.  GORMSEN
      First Secretary
      General Secretariat of the Council of the European Communities
      Professor Daniel VIGNES
      Director , Légal Service
      Mr Erik STEIN
      Principal Administrator
      Directorate General of External Relations
      Mrs M. GILCT-KCEHLER
      Secretarv
      FOOD AND AGRICULTURE ORGANISATION
      Mr Michel SAVINI
      Regional Fisheries Law Adviser
      Fisheries Department
      INTER-GOVERNMENTAL OCEANOGRAPHIC COMMISSION
      Mr R.C. GRIFFITHS
      Assistant Secretary
 ---pagebreak---           INTERNATIONAL UNION FOR THE CONSERVATION OF NATURE AND
          NATURAL RESOURCES
          Mr Robert BOOTE
         Vice-President and Regional Councillor
          Dr D.F. McMICHAEL
          Treasurer and Regional Councillor
         INTERNATIONAL WHALING COMMISSION
                                                ■  V
         Professor J.D. OVINGTON
         Australian Commissioner to the I.W.C.
         SCIENTIFIC COMMITTEE ON ANTARCTIC RESEARCH
         Dr David TRANTER
         CSIRO
         Division of Fisheries and Oceanography
         SCIENTIFIC COMMITTEE ON OCEANIC RESEARCH
         Dr G. HUMPRHEY
         University of Sydney
             The Conference met at Canberra on 7 May 1980 under the
 Chairmanship of Mr J.E. Ryan , Representative , of the delegation of
 Australia .   The Secretary-General was Mr R.H. Wyndham .
             A Drafting Committee established under the Rules of
 Procedure of the Conference was constituted as follows :
        Mr David EDWARDS , United Kingdom , (Chairman )
        His Excellency , Minister Ricardo Pedro QUADRI , Argentina
        Senor Joaquin Daniel OTERO , Argentina
        Mr John BAILEY , Australia
        Senor Juan FONTECILLA , Chile
        Senor Celso MORENO , Chile
        Miss Josiane COURATIER , France
        Mr Gerard BOIVINEAU , France
       Mr Jun YOKOTA , Japan
       Mr P.D. OELOFSEN , South Africa
        Dr V.V. GOLITSIN , U.S.S.R.
       Mr David COLSON , U.S.A.
            The Final Session was held on 20 May 1980 .  As a result
of îts  deliberations the Conference has established and drawn
up for  signature a "Convention on the Conservation of Antarctic
Marine Living Resources " the text of which is annexed hereto .
 ---pagebreak---                   The Conference also decided to include in the Final Act
      the text of the following statement made by the Chairman on
      19 May 1980 regarding the application of the Convention on the
      Conservation of Antarctic Marine Living Resources to the waters
      adjacent to Kerguelen and Crozet over which France has jurisdiction
      and to waters adjacent to other islands within the area to which
      this Convention applies over which the existence of State
      sovereignty is recognized by all Contracting Parties .
      "1.    Measures for the conservation of Antarctic marine living
             resources of the waters adjacent to Kerguelen and Crozet ,
             over which France has jurisdiction , adopted by France
            prior to the entry into force of the Convention , would
             remain in force after the entry into force of the Convention
             until modified by France acting within the framework of
             the Commission or otherwise .
      2.    After the Convention has come into force , each time the
            Commission should undertake examination of the conservation
            needs of the marine living resources of the general area
             in which the waters adjacent to Kerguelen and Crozet
             are to be found , it would be open to .France either to agree
             that the waters in question should be included in the area
            of application of any specific conservation measure under
            consideration or to indicate that they should be excluded .
             In the latter event , the Commission would not proceed to
            the adoption of the specific conservation measure in a
             form applicable to the waters in question unless France
            removed its objection to it . France could also adopt such
            national measures as it might deem appropriate for the
            waters in question .
     3.     Accordingly , when specific conservation measures are
            considered within the framework of the Commission and
            with the participation of France , then :
             ( a)  Frahce would be bound by any conservation
                   measures adopted by consensus with its
                   participation for the duration of those
                   measures . This would not prevent! France from
                   promulgating national measures that were more
                   strict than the Commission 's measures or which
                   dealt with other matters ;
             (b)   In the absence of consensus , France could promulgate
                   any national measures which it might deem appropriate .
    4.    Conservation measures , whether national measures or measures
          adopted by the Commission , in respect of the waters adjacent
          to Kerguelen and Crozet , would be enforced by France .    The
          system of observation and inspection foreseen by the Convention
          would not be implemented in the waters adjacent to Kerguelen
          and Crozet except as agreed by France and in the manner so agreed .
   5.     The understandings , set forth in paragraphs 1-4 above ,
           regarding the application of the Convention to waters
          adjacent to the Islands of Kerguelen and Crozet , also
          apply to waters adjacent to the islands within the
          area to which this Convention applies over which the
          existence of State sovereignty is recognized by all
          Contracting Parties ."
objection to the statement was made .
 ---pagebreak---                                II
The Conference on the Conservation of Antarctic Marine Living Resources ,
Noting that a definitive regime for the conservation of Antarctic
marine living resources has been elaborated , and desiring to have
that regime enter into force as quickly as possible ;
Recognizing that harvesting of Antarctic marine living resources is
presently taking place and underlining the importance of the
objectives of the Convention on the Conservation of Antarctic Marine
Living Resources ;                                             ■     . '
Recognizing the need to identify , emphasize and co-operate in
carrying out research activities that will facilitate the effective
operation of the Convention ;
                                               l
Desiring further to facilitate the implementation of the Convention
by emphasizing and co-ordinating the collection of scientific
and fisheries data needed for the Scientific Committee to be
constituted under the terms of the Convention to begin effective
work upon entry into force of the Convention ;
Calls upon the Parties entitled     to become Members of the Commission
1.    To take all possible steps to bring the Convention on the
      Conservation of Antarctic Marine Living Resources into
      force as .soon as possible;'
2.    To show the greatest possible care and concern , bearing
      in mind the principles and objectives of Article II
      of the Convention , in any harvesting of Antarctic marine
      living resources , in the period prior . to entry into force
      of the Convention and examination of the status of
      stocks by the Scientific Committee to be established by
      the Convention on the Conservation of Antarctic Marine
      Living Resources ;
3.    To the greatest extent practicable and feasible to co-operate
      broadly and comprehensively in the continued development
      of the scientific and fisheries data necessary for the
      effective operation of the Convention on the Conservation
      of Antarctic Marine Living Resources , and to this end :
      ( a ) to intensify research related to Antarctic marine
            living resources ;                                     v
                                                            ft
      (b ) to identify the specific scientific and fisheries
            data needed and how those data should be collected
            and recorded to facilitate the work of the
            Scientific Committee to be established by the
            Convention ; and
      ( c)   to compile scientific and fisheries data identified
             pursuant to sub-paragraph ( b ) above in order to
             distribute those data to the Contracting Parties upon
             entry into force of the Convention on the
             Conservation of Antarctic Marine Living Resources .
 ---pagebreak---                            III
 The Conference on the Convention for the Conservation of Antarctic
 Marine Living Resources ,
       Having agreed on a text of a Convention which
       would establish a Commission and Scientific
       Committee for the Conservation of Antarctic
       Marine Living Resources and an Executive
       Secretariat,;
       Recognising the need to examine working methods
       for the Executive Secretary and Secretariat so
       that they- may begin their work as soon as possible
       after entry into force of the Convention ;
 Takes note of the intention of the Depositary to convene a meeting
 of representatives of Parties entitled to become Members of
 the Commission within one year after expiration of the period
 during which the Convention is open for signature for the purpose
 of considering steps which might be taken to facilitate the early
 operation of the Commission , Scientific Committee and Executive
 Secretariat when these bodies are established .
                            IV
 The Conference on the Conservation of Antarctic Marine Living
 Resources resolves ;
 1.   to express its gratitude to the Australian Government
      for its initiative in convening the present- Conference
      and for its preparation ;
                    /
 2.   to express to its Chairman , Mr J.E. Ryan , its deep
      appreciation for the admirable manner in which he
      has guided the Conference ;
 3.   to express to the officers and staff of the
      Secretariat its appreciation for their untiring
      efforts in contributing to the attainment of the
      objectives of the Conference .
                            V
The Conference on the Conservation of Antarctic
Marine Living Resources resolves :
That the Government of Australia be authorised to
publish the Final Act of this Conference and the
text of the Convention annexed hereto .
 ---pagebreak---                     VI
 The Conference on the Conservation of Antarctic
 Marine Living Resources resolves :
 To express its deep appreciation to the Australian
 Government for its offer to provide a site for the
 Headquarters of the Commission to be established
 under the Convention .
Done at Canberra , this Twentieth Day of May 1980 , in
a single original copy to be deposited in the archives of
the Government of Australia which will transit a
certified copy thereof to all the other Participants
in the Conference .
In witness whereof , the following representatives have
signed this Final Act .
 ---pagebreak---                    CONVENTION ON THE CONSERVATION OF
                   ANTARCTIC MARINE LIVING RESOURCES
 The Contracting Parties ,
       RECOGNISING the importance of safeguarding the environment
 and protecting the integrity of the ecosystem of the seas
 surrounding Antarctica ;
       NOTING the concentration of marine living resources found
 in Antarctic waters and the increased interest in the possibilities
 offered by the utilization of these resources as a source of
 protein ;
       CONSCIOUS . of the urgency of ensuring the conservation of
 Antarctic marine living resources ;
       CONSIDERING that it is essential to increase knowledge of
 the Antarctic marine ecosystem and its components so as to be able to
base decisions on harvesting on sound scientific information ;
       BELIEVING that the conservation of Antarctic marine living
 resources calls for international co-operation with due regard
 for the provisions of the Antarctic Treaty and with the active
 involvement of all States engaged in research or harvesting activities
 in Antarctic waters ;
       RECOGNISING the prime responsibilities of the Antarctic Treaty
Consultative Parties for the protection and preservation of the
Antarctic environment and , in particular , their responsibilities
under Article IX , paragraph 1(f ) of the Antarctic Treaty in respect
of the preservation and conservation of living resources in
Antarctica ; ,
      RECALLING the action already taken by the Antarctic Treaty
Consultative Parties including in particular the Agreed Measures
for the Conservation of Antarctic Fauna and Flora , as well as the
provisions of the' Convention for the Conservation of Antarctic Seals ;
      BEARING in mind the concern regarding the conservation of
Antarctic marine living resources expressed by the Consultative
Parties at the Ninth Consultative Meeting of the Antarctic Treaty
and the importance of the provisions of Recommendation IX-2 which
led to the establishment of the present Convention ;
       BELIEVING that it is in the interest of all mankind to preserve
 the waters surrounding the Antarctic continent for peaceful
 purposes only and to prevent their becoming the scene or object of
 international discord ;
       RECOGNISING , in the light of the foregoing , that it is
 desirable to establish suitable machinery for recommending ,
 promoting , deciding upon and co-ordinating the measures and
 scientific studies needed to ensure the conservation of
 Antarctic marine living organisms
       HAVE AGREED as follows :
                               ARTICLE 1
1.    This Convention applies to the Antarctic marine living
      resources of the area south of 60° South latitude and to the
     Antarctic marine living resources of the area between that
      latitude and the Antarctic Convergence which form part of the
     Antarctic marine ecosystem .
2.   Antarctic marine living resources means the populations of
      fin fish , molluscs , crustaceans and all other species of
      living organisms , including birds , found south of the Antarctic
 ---pagebreak---         The Antarctic marine ecosystem means the complex of relation­
        ships of Antarctic marine living resources with each other
        and with their physical environment .
        The Antarctic Convergence shall be deemed to be a line joining
        the following points along parallels of latitude and meridians
       of longitude :
       50°S , C° ; 50°S , 30°E ; 45°S , 30°E ; 45°S , 80°E ; 55°S , 80°E ;
       55CS , 150°E ; 60°S , 150°E ; 60°S , 50°W; 50°S f 50°W ; 50°S , 0° .
                                ARTICLE II
1.    The objective of this Convention is the conservation of
      Antarctic marine living resources .
2 . L For the purposes of this Convention , the term "conservation "
      includes rational use .
3.    Any harvesting and associated activities in the area to which
      this Convention applies shall be conducted in accordance with
      the provisions of this Convention and with the following
      principles of conservation :
      (a)   prevention of decrease in the size of any harvested
            population to levels below those which ensure its
            stable recruitment . For this purpose its size should
            not be allowed to fall below a level close to that
            which ensures the greatest net annual increment ;
      (b )  maintenance of the ecological relationships between
            harvestfed , dependent and related populations of
            Antarctic marine living resources and the restoration
            of depleted populations to the levels 'defined in
            sub -para graph ( a ) above ;
            and
      (c ) prevention of changes or minimization of the risk of
            changes in the marine ecosystem which are not
           potentially reversible over two or three decades ,
            taking into account the state of available knowledge
            of the direct and indirect impact of harvesting , the
            effect of the introduction of alien species , the
           effects of associated activities on the marine
           ecosystem and of the effects of environmental changes ,
           with the aim of making possible the sustained
           conservation of Antarctic marine living resources .
                            ARTICLE III
The Contracting Parties , whether or not they are Parties to
the Antarctic Treaty , agree that they will not engage in any
activities in the Antarctic Treaty area contrary to the
principles and purposes of that Treaty and that , in their
relations with each other , they are bound by the obligations
contained in Articles I and V of the Antarctic Treaty .
 ---pagebreak---                             ARTICLE IV
 1.   With respect to the Antarctic Treaty area , all Contracting
       Parties , whether or not they are Parties to the Antarctic
       Treaty , are bound by Articles IV and VI of the Antarctic
       Treaty in their relations with each other .
 2.   Nothing in this Convention and no acts or activities taking
      place while the present Convention is in force shall :
       (a)  constitute a basis for asserting , supporting or
            denying a claim to territorial sovereignty in the
            Antarctic Treaty area or create any rights of
            sovereignty in the Antarctic Treaty area ;
       (b)  be interpreted as a renunciation or diminution by
            any Contracting Party of , or as prejudicing , any
            right or claim or basis of claim to exercise
            coastal state jurisdiction under international law
            within the area to which this Convention applies ;
       (c ) be interpreted as prejudicing the position of any
            Contracting Party as regards its recognition or
            non-recognition of any such right , claim or basis
            of claim ;
       (d ) affect the provision of Article IV , paragraph 2 , of the
            Antarctic Treaty that no new claim , or enlargement of
            an existing claim , to territorial sovereignty in
            Antarctica shall be asserted while the Antarctic
            Treaty is in force .
                              ARTICLE V
1.    The Contracting Parties which are not Parties to the
     Antarctic Treaty acknowledge the special obligations and
     responsibilities of the Antarctic Treaty Consultative
     Parties for the protection and preservation of the
     environment of the Antarctic Treaty area .
2.   The Contracting Parties which are not Parties to the
     Antarctic Treaty agree that , in their activities in the
     Antarctic Treaty area , they will observe as and when
     appropriate the Agreed Measures for the Conservation of
     Antarctic Fauna and Flora and such other measures as have
     been recommended by the Antarctic Treaty Consultative
     Parties in fulfilment of their responsibility for the
     protection of the Antarctic environment from all forms of
     harmful human interference .
3.   For the purposes of this Convention , Antarctic Treaty
     Consultative Parties " means the Contracting Parties to
     the Antarctic Treaty whose Representatives participate in
     meetings under Article IX of the Antarctic Treaty .
                             ARTICLE VI
Nothing in this Convention shall derogate from the rights and
obligations of Contracting Parties under the International
Convention for the Regulation of Whaling and the Convention
for the Conservation of Antarctic Seals .
 ---pagebreak---                              ARTICLE VII
1.   The Contracting Parties hereby establish and agree to maintain
     the Commission for the Conservation of Antarctic Marine Living
     Resources ( hereinafter referred to as " the Commission ").
2.   Membership in the Commission shall be as follows :
      (a )  each Contracting Party which participated in the
            meeting at which this Convention was adopted shall
            be a Member of the Commission ;
      (b)   each State Party which has acceded to this Convention
            pursuant to Article XXIX shall be entitled to be a
            Member of the Commission during such time as that
            acceding party is engaged in research or harvesting
            activities in relation to the marine living resources
            to which this Convention applies ;
      (c )  each regional economic integration organization which
            has acceded to this Convention pursuant to Article XXIX
             shall be entitled to be a Member of the Commission during
             such time as its States members are so entitled ;
      (d )  a Contracting Party seeking to participate in the work
            of the Commission pursuant to sub-paragraphs ( b ) and
             ( c ) above shall notify the Depositary of the basis
            upon which it seeks to become a Member of the Commission
            and of its willingness to accept conservation measures
             in force . The Depositary shall communicate to each
            Member of the Commission such notification and
            accompanying information .    Within two months of receipt
            of such communication from the Depositary , any Member
            of the Commission may request that a special meeting of
            the Commission be held to consider the matter .    Upon
             receipt/ of such request , the Depositary shall call such
            a meeting . If there is no request for a meeting , the
            Contracting Party submitting the notification shall be
            deemed to have satisfied the requirements for Commission
            Membership .
3.   Each Member of the Commission shall be represented by one
     representative who may be accompanied by alternate representatives
     and advisers .
                           ARTICLE VIII
The Commission shall have legal personality and shall enjoy
in the territory of each of the States Parties such legal
capacity as may be necessary to perform its function and
achieve the purposes of this Convention . The privileges
and immunities to be enjoyed by the Commission and its
staff in the territory of a State Party shall be determined
by agreement between the Commission and the State Party
concerned .
                             ARTICLE IX
     The function of the Commission shall be to give effect to the
     objective and principles set out in Article II of this
     Convention . To this end , it shall :
     (a)    facilitate research into and comprehensive studies of
            Antarctic marine living resources and of the
            Antarctic marine ecosystem ;
 ---pagebreak---      (b )      compile data on the status of and changes in population
               of Antarctic marine living resources and on factors
               affecting the distribution , abundance and productivity
               of harvested species and dependent or related species
              or populations ;
     (c )     ensure the acquisition of catch and effort statistics
              on harvested populations ;
    (d )      analyse , disseminate and publish the information
              referred to in sub-paragraphs ( b ) and ( c ) above and
             the reports of the Scientific Committee ;
    (e )     identify conservation needs and analyse the
             6f f6-^ivS~SS£ 3 – 3Cr.S2rT2tlC "  a  2" c S 7
   (f)      formulate , adopt and revise conservation measures on
            the basis of the best scientific evidence available ,
            subject to the provisions of paragraph 5 of this
            Article ;
   (g )     implement the system of observation and inspection
            established under Article XXIV of this Convention ;
  (h)       carry out such other activities as ar2 necessary to
            fulfil the objective of this Convention .
 The conservation measures referred to in paragraph 1 ( f ) above
  include the following :
  (a)      the designation of the quantity of any species which may
           be harvested in the area to which this Convention applies ;
  (b)      the designation of regions and sub-regions based on the
           distribution of populations of Antarctic marine living
           resources ;, -
  (c )     the designation of the quantity which may be harvested
           from the populations of regions and sub(- regions ;
  (d )     the designation of protected species ;
  (e )     the designation of the size , age and , as appropriate , sex of
           species which may be harvested ;
 (f)      the designation of open and closed seasons for harvesting ;
 (g)      the designation of the opening and closing of areas , regions
          or sub-regions for purposes of scientific study or
          conservation , including special areas for protection and
          scientific study ;
 (h )     regulation of the effort employed and methods of harvesting ,
          including fishing gear , with a view , inter alia , to avoiding
          undue concentration of harvesting in any region or sub-region
 (i)      the taking of such other conservation measures as the
          Commission considers necessary for the fulfilment of the
          objective of this Convention , including measures
          concerning the effects of harvesting and associated
          activities on components of the marine ecosystem other
          than the harvested populations .
The Commission shall publish and maintain a record of all
conservation measures in force .
In exercising its functions under paragraph 1 above , the
Commission shall take full account of the recommendations and
advice of the Scientific Committee .
 ---pagebreak--- 5.   The Commission shall take full account of any relevant measures
     or regulations established or recommended by the Consultative
     Meetings pursuant to Article IX of the Antarctic Treaty or by
     existing fisheries commissions responsible for species which
    may enter the area to which this Convention applies , in order
     that there shall be no inconsistency between the rights and
    obligations of a Contracting Party under such regulations or
    measures and conservation measures which may be adopted by the
     Commission .
6.  Conservation measures adopted by the Commission in accordance
    with this Convention shall be implemented by Members of the
    Commission in the following manner :
     (a )  the Commission shall notify conservation measures to
           all Members of the Commission ;
     (b)   conservation measures shall become binding upon all
           Members of the Commission 180 days after such notification ,
           except as provided in sub-paragraphs ( c ) and ( d ) below ;
     (c )  if a Member of the Commission , within ninety days following
           the notification specified in sub-paragraph ( a ) , notifies
           the Commission that it is unable to accept the
           conservation measure , in whole or in part , the measure shall
           not , to the extent stated , be binding upon that Member of
           the Commission ;
     (d )  in the event that any Member of the Commission invokes the
           procedure set forth in sub-paragraph ( c ) above , the
           Commission shall meet at the request of any Member of the
           Commission to review the conservation measure .     At the time
           of such meeting and within thirty days following the
          meeting , any Member of the Commission shall have the right
           to declare that it is no longer able to accept the
           conservation measure , in which case the Member shall no
           longer ije bound by such measure .
                             ARTICLE   X          »
 1.    The Commission shall draw the attention of any State
      which is not a Party to this Convention to any activity
      undertaken by its nationals or vessels which , in the
      opinion of the Commission , affects the implementation of
      the objective of this Convention .
 2.   The Commission shall draw the attention of all Contracting
      Parties to any activity which , in the opinion of the
      Commission , affects the implementation by a Contracting
      Party    of the objective of this Convention or the
      compliance by that Contracting Party with its obligations
      under this Convention .
                            ARTICLE XI
The Commission shall seek to cooperate with Contracting
Parties which may exercise jurisdiction in marine areas
adjacent to the area to which this Convention applies in
respect of the conservation of any stock or stocks of
associated species which occur both within those areas
and the area to which this Convention applies , with a
view to harmonizing the conservation measures adopted in
respect of such stocks .
 ---pagebreak---                          ARTICLE XII
 1.  Decisions of the Commission on matters of substance shall
     be taken by consensus .    The question of whether a matter
     is one of substance shall be treated as a matter of
     substance .
 2.  Decisions on matters other than those referred to in
     paragraph 1 above shall be taken by a simple majority
     of the Members of the Commission present and voting .
3.   In Commission consideration of any item requiring a
     decision , it shall be made clear whether a regional
     economic integration organization will participate in the
    taking of the decision and , if so , whether any of its
    member States will also participate . The number of
    Contracting Parties so participating shall not exceed the
    number of member States of the regional economic
     integration organization which are Members of the
    Commission .
4.  In the taking of decisions pursuant to this Article , a
    regional economic integration organization shall have only
    one vote .
                        ARTICLE XIII
1.   The headquarters of the Commission shall be established at
     Hobart , Tasmania , Australia .
2.   The Commission shall hold a regular annual meeting .
    Other meetings , shall also be held at the request of one-
    third of its members and as otherwise provided in this
    Convention . The first meeting of the Commission shall be
    held within three months of the entry into force of this
    Convention , provided that among the Contracting Parties
    there are at least two States conducting harvesting
    activities within the area to which this Convention applies .
    The first meeting shall , in any event , be held within one
    year of the entry into force of this Convention . The
    Depositary shall consult with the signatory States regarding
    the first Commission meeting , taking into account that a
    broad representation of such States is necessary for the
    effective operation of the Commission .
3.  The Depositary shall convene the first meeting of the
    Commission at the headquarters of the Commission .
    Thereafter , meetings of the Commission shall be held at its
    headquarters , unless it decides otherwise .
4.  The Commission shall elect from among its members a Chairman
    and Vice-Chairman , each of whom shall serve for a term of
    two years and shall be eligible for re-election for one
    additional term .    The first Chairman shall , however , be
    elected for an initial term of three years . The Chairman
    and Vice-Chairman shall not be representatives of the same
    Contracting Party .
5.  The Commission shall adopt and amend as necessary the rules
    of procedure for the conduct of its meetings , except with
    respect to the matters dealt with in Article XII of this
    Convention .
6.  The Commission may establish such subsidiary bodies as are
    necessary for the performance of its functions .
 ---pagebreak---                     ARTICLE XIV
 The Contracting Parties hereby establish the Scientific •
 Committee for the Conservation of Antarctic Marine
 Living Resources ( hereinafter referred to as " the Scientific
 Committee ") which shall be a consultative body to the
 Commission . The Scientific Committee shall normally meet ■
 at the headquarters of the Commission unless the
 Scientific Committee decides otherwise .
 Each Member of the Commission shall be a member of the
 Scientific Committee and shall appoint a representative
 with suitable scientific qualifications who may be
 accompanied by other experts and advisers .    <
 The Scientific Committee may seek the advice of other
 scientists and experts as may be required on an ad hoc
 basis .
                   ARTICLE XV
The Scientific Committee shall provide a- forum for
consultation and cooperation concerning the collection ,
study and exchange of information with respect to the
marine living resources to which this Convention applies .
It shall encouraqe and promote cooperation in the .field .
of scientific research in order to extend knowledge of the
marine living resources of the Antarctic; marine ecosystem .
The Scientific Committee -shall conduct such activities as
the Commissipn may direct in pursuance of the objective
of this Convention and shall :               "
               «
             /
(a )  establish criteria and methods to be used for
      determinations concerning the conservation
      measures referred to in Article ix of 'this Convention ;
(b)   regularly assess the status and trends of the
      populations of Antarctic marine living resources ;
(c )  analyse data concerning the direct and indirect
      effects of harvesting on the populations of
      Antarctic marine living resources ;
                                                    ft
(d )  assess -the effects of proposed changes in the
      methods or levels of harvesting and proposed
      conservation measures ;
(e )  transmit assessments , analyses , reports and
      recommendations to the Commission as requested or
      on its own initiative regarding measures and research
      to implement the objective of this Convention ;
(f )  formulate proposals for "the ronduct of international
      and national programs of research into Antarctic
     marine living resources .
In carrying out its functions , the Scientific Committee shall have
regard to the work of other relevant technical and
scientific organizations and to the scientific activities
conducted within ,the framework of the Antarctic Treaty .
 ---pagebreak---                            ARTICLE XVI
 1.    The first meeting of the Scientific Committee shall
       be held within three months of the first meeting of
       the Commission .   The Scientific Committee shall meet
       thereafter as often as may be necessary to fulfil its
       functions .
 2.   The Scientific Committee shall adopt and amend as necessary
       its rules of procedure . The rules and any amendments
      thereto shall be approved by the Commission . The rules
      shall include procedures for the presentation of minority
      reports .
 3.   The Scientific Committee may establish , with the approval
      of the Commission , such subsidiary bodies as are necessary
      for the performance of its functions .
                          ARTICLE XVII
1.   The Commission shall appoint an Executive Secretary to
      serve "the Commission and Scientific Committee according
     to such procedures and on such terms and conditions as
     the Commission may determine . His term of office shall
     be for four -years and he shall be eligible for re­
     appointment .
2.   The Commission shall authorize such staff establishment
     for the Secretariat as may be necessary and the Executive
     Secretary shall appoint , direct and supervise such staff
     according to such rules and procedures and on such terms
     and conditions as the Commission may determine .
3.   The Executive Secretary and Secretariat shall perform the
     functions entrusted to themby the - Commission .
                        ARTICLE XVIII
The official languages of the Commission and of the
Scientific Committee shall be English , French , Russian
and Spanish .
                        PJKTIC LE XIX
1.   At each annual meeting , the Commission shall adopt by
     consensus its budget and the budget of the Scientific
     Committee .
2.   A draft budget for the Commission and the Scientific
     Committee and any subsidiary bodies shall be prepared by
     the Executive Secretary and submitted to the Members of
     the Commission at least sixty days before the annual
     meeting of the Commission .
 ---pagebreak---    Each Member of the Commission shall contribute to the
   budget .   Until the expiration of five years after the
   entry into force of this Convention , the contribution
   of each Member of the Commission shall be equal .
   Thereafter the contribution shall be determined in
   accordance with two criteria :   the amount harvested
   and an equal sharing among all Members of the Commission .
   The Commission shall determine by consensus the '
   proportion in which these two criteria shall apply .
   The financial activities of the Commission and Scientific
  Committee shall be conducted in accordance with financial
  regulations adopted by the Commission and shall be subject
  to  an annual audit by external auditors selected by the
  Commission .
  Each Member of the Commission - shall meet its own expenses
  arising from attendance at meetings of the Commission and
  of the Scientific Committee .
 A Member of the Commission that fails to pay .its
  contributions for two consecutive years shall not , during
 the period of its default , have the right to participate
 in the taking of decisions in the Commission
                     ARTICLE XX
  The Members of the Commission shall , to the greatest
  extent possible , provide annually to the Commission
  and to the Scientific Committee such statistical , biological and
  other data and information as the Commission and
  Scientific Committee may require in the exercise of their
  functions .    !
  The Members of the Commission shall provide , in the
 manner and at such intervals as may be prescribed ,
  information about their harvesting activities , including
  fishing areas and vessels , so as to enable reliable
  catch and effort statistics to be compiled .
 The Members of the Commission shall provide to the
 Commission at such intervals as may be prescribed
 information on steps taken to implement the conservation
 measures adopted by the Commission .
 The Members of the Commission agree that in any of their
 harvesting activities , advantage shall be taken of
 opportunities to collect data needed to assess the
 impact of harvesting .
                    ARTICLE XXI
 Each Contracting Party shall take appropriate measures
within its competence to ensure compliance with the
provisions of this Convention and with conservation
measures adopted by the Commission to which the Party
is bound in accordance with Article IX of this
Convention .
Each Contracting Party shall transmit to the
Commission information on measures taken pursuant to
paragraph 1 above , including the imposition of
sanctions for any violation .
 ---pagebreak---                        ARTICLE XXII
Each Contracting Party undertakes to exert appropriate
efforts , consistent with the Charter of the United
Nations , to the end that no one engages in any activity
contrary to the objective of this Convention .
Each Contracting Party shall notify the Commission of
any such activity which comes to its attention .
                      ARTICLE XXIII
  The Commission and the Scientific Committee shall
  co-operate with the Antarctic Treaty Consultative
  Parties on matters falling within the competence of
  the latter .
  The Commission and the Scientific Committee shall
  co-operate , as appropriate , with the Food and Agriculture
 Organisation of the United Nations and with other
  Specialised Agencies .
 The Commission and the Scientific Committee shall seek
 to develop co-operative working relationships , as
 appropriate , with inter-governmental and non-governmental
 organizations which could contribute to their work ,
 including the Scientific Committee on Antarctic Research ,
 the Scientific Committee on Oceanic Research and
 the International Whaling Commission .
 The Commission mav enter into agreements with the
 organizations referred to in this Article and with other
 organizations as may be appropriate . The Commission and
 the Scientific Committee may invite such organizations to
 send observers to their meetings and to meetings of their
 subsidiary bodies .                                 »
                       ARTICLE XXIV
In order to promote the objective and ensure observance
of the provisions of this Convention , the Contracting
Parties agree that a system of observation and inspection
shall be established .
The system of observation and inspection shall be
elaborated by the Commission on the basis of the
following principles :
 (a ) Contracting Parties shall cooperate with each
      other to ensure the effective implementation of
    . the system of observation and inspection , taking
      account of the existing international practice .
      This system shall include , inter alia , procedures
      for boarding and inspection by observers and
      inspectors designated by the Members of the Commission
      and procedures for flag state prosecution and sanctions
      on the basis of evidence resulting from such boarding
      and inspections . A report of such prosecutions and
      sanctions imposed shall be included in the information
      referred to in Article XXI of this Convention :
 ---pagebreak---   (b)   in order to verify compliance with measures adopted
        under this Convention , observation and inspection
        shall be carried out on board vessels engaged in
        scientific research or harvesting of marine living
        resources in the ar4a to which this Convention applies ,
        through observers and inspectors designated by the
        Members of the Commission and operating under terms
        and conditions to be established by the Commission ;
  (c )  designated observers and inspectors shall remain
        subject to the jurisdiction of the Contracting Party
        of which they are nationals . They shall report to
        the Member of the Commission by which they have been
        designated which in turn shall report to the Commission .
 Pending the establishment of the system of observation and
 inspection , the Members of the Commission shall seek to
 establish interim arrangements to designate observers and
 inspectors and such designated observers and inspectors
 shall be entitled to carry out inspections in accordance
 with the principles set out in paragraph 2 above .
                     ARTICLE XXV
If any dispute arises between two or more of the
Contracting Parties concerning the interpretation or
application of this Convention , those Contracting
Parties shall consult among themselves with a view to
having the dispute resolved by negotiation , - inquiry ,
mediation , conciliation , arbitration , judicial
settlement or other peaceful means of their own choice .
Any dispute of this character not so resolved shall , with
the conserit in each case of all Parties to the dispute ,
be referred for settlement to the International Court of
Justice or to arbitration ;     but failure "to reach agreement
on reference to the International Court or to arbitration
shall not absolve Parties to the dispute from the
responsibility of continuing to seek to resolve it by any
of the various peaceful means referred to in paragraph 1
above .
In cases where the dispute is referred to arbitration ,
the -arbitral tribunal shall be constituted as provided rin
the Annex to this Convention .
                     ARTICLE XXVI
This Convention shall be open for signature at Canberra
from 1 August to 31 December 1980 by the States
participating in the Conference on the Conservation of
Antarctic Marine Living Resources held at Canberra
from 7 to 20 May 1980 .
The States which so sign will be the original signatory
States of the Convention .        *
 ---pagebreak---                   ARTICLE XXVII
This Convention is subject to ratification , acceptance
or approval by signatory States .
Instruments of ratification , acceptance or approval
shall be deposited with the Government of Australia ,
hereby designated as the Depositary .
                 ARTICLE XXVIII
 This Convention shall enter into force on the
 thirtieth day following the date of deposit of the
 eighth instrument of ratification , acceptance or
 approval by States referred to in paragraph 1 of
 Article XXVI of this Convention .
 With respect to each State or regional economic
 integration organization which subsequent to the date
 of entry into force of this Convention deposits an
 instrument of ratification , acceptance , approval or
 accession , the Convention shall enter into force on
 the thirtieth day following such deposit .
                   ARTICLE XXIX
 This Convention shall be open for accession by any State
 interested in research or. harvesting activities in
 relation to the marine living resources to which this
 Convention applies .                           1
 This Convention shall be open for accession by regional
 economic integration organizations constituted by
  sovereign States which include among their members one
 or nore States Members of the Commission and to which
  the States irembers of the organization have transferred ,
  in whole or in part , competences with regard to the
 matters covered by this Convention . The accession of
  such regional economic integration organizations shall
 be the subject of consultations among Members of the
  Commission .
                    ARTICLE XXX
   This Convention may be amended at any time .
   If one-third of the Members of the Commission request
   a meeting to discuss a proposed amendment the Depositary
   shall call such a meeting .
   An amendment shall enter into force when the Depositary
   has received instruments of ratification , acceptance or
   approval thereof from all the Members of the Commission .
   Such amendment shall thereafter enter into force as to
   any other Contracting Party when notice of ratification ,
   acceptance or approval by it has been received by the
  Depositary . Any such Contracting Party from which no such
  notice has been received within a period of one year from
  the date of entry into force of the amendment in
  accordance with paragraph 3 above shall be deemed to have
  withdrawn from this Convention .
 ---pagebreak---                              ARTICLE XXXI
1.     Any Contracting Party may withdraw from this Convention
       on 30 June of any year , by giving written notice not
       later than 1 January of the. same year to the Depositary ,
       which , upon receipt of such a notice , shall communicate
        it forthwith to the other Contracting Parties .
2.     Any other Contracting Party may , within sixty days of
       the receipt of a copy of such a notice from the
       Depositary , give written notice of withdrawal to the
       Depositary in which case the Convention shall cease to
       be in force on 30 June of the same year with respect
        to the Contracting Party giving such notice .
3.     Withdrawal from this Convention by any Member of the
       Commission shall not affect its financial obligations
       under this Convention .
                              ARTICLE XXXII
  The Depositary shall notify all Contracting Parties of the
   following :
   (a ) signatures of this Convention and the deposit of
          instruments of ratification , acceptance , approval
          or accession ;
                 /
                 f
   (b)    the date of entry into force of this Convention
          and of any amendment thereto .
                               ARTICLE XXXIII
     1.     This Convention , of which the English , French , Russian
            and Spanish texts are equally authentic , shall f®
            deposited with the Government of Australia which shall
            transmit duly certified copies thereof to all signatory
            and acceding Parties .
      2.    This Convention shall be registered by the Depositary
            pursuant to Article 102 of the Charter of the United
            Nations .
      Drawn up at Canberra this twentieth day of May 1980 .
      IN WITNESS WHEREOF the undersigned , being duly authorize ,
      have signed this Convention .
 ---pagebreak---            ANNEX FOR AN APEITRAL TRIBUNAL
 The arbitral tribunal referred to in paragraph 3 of Article XXV
 shall be composed of three arbitrators who shall be appointed as
 follows :
 The Party commencing proceedings shall communicate the name of an
 arbitrator to the other Party which , in turn , within a period of
 forty days following such notification , shall communicate the
 name of the second arbitrator . The Parties shall , within a period
 of sixty days following the appointment of the second arbitrator ,
 appoint the third arbitrator , who shall not be a national of
either Party and shall not be of the same nationality as either
of the first two arbitrators . The third arbitrator shall preside
over the tribunal .
 If the second arbitrator has not been appointed within the
prescribed period , or if the Parties have not reached agreemfent
within the prescribed period on the appointment of the third
arbitrator , that arbitrator shall be appointed , at the request
of either Party , by the Secretary-General of the Permanent Court
of Arbitration , from among persons of international standing not
having the nationality cf a State which is a Party to this
Convention .
The arbitral tribunal shall decide where its headquarters will be
located and shall adopt its own rules of procedure .
The award of the arbitral tribunal shall be made by a majority of
its members , who may not abstain from voting .
Any Contracting Party which is not a Party to the dispute may
intervene in the proceedings with the consent of the arbitral
tribunal .
The award of the arbitral tribunal shall be final and binding on
all Parties to the dispute and on any Party whifch intervenes in
the proceedings and shall be complied with without delay . The
arbitral tribunal shall interpret the award at the request of one
of the Parties to the dispute or of any intervening Party .
Unless the arbitral tribunal determines otherwise because of the
particular circumstances of the case , the expenses of the tribunal ,
including the remuneration of its members , shall be borne by the
Parties to the dispute in equal shares .                 ,