Article 1 
The Agreement on the International Dolphin Conservation Programme is hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision.
Article 2 
The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of approval with the Government of the United States of America as Depositary of the Agreement in Accordance with Article XXXII thereof.
Article I Definitions
For the purposes of this Agreement: 1. ‘tuna’ means the species of the suborder Scombroidei (Klawe, 1980), with the exception of the genus Scomber ; 2. ‘dolphins’ means species of the family Delphinidae associated with the fishery for yellowfin tuna in the Agreement Area; 3. ‘vessel’ means a vessel that fishes for tuna with purse seines; 4. ‘parties’ means the States or regional economic integration organisations which have consented to be bound by this Agreement and for which this Agreement is in force; 5. ‘regional economic integration organisation’ means a regional economic integration organisation to which its Member States have transferred competence over matters covered by this Agreement, including the authority to make decisions binding on its Member States in respect of those matters; 6. ‘IATTC’ means the Inter-American Tropical Tuna Commission; 7. ‘La Jolla Agreement’ means the instrument adopted at the Intergovernmental Meeting held in June 1992; 8. ‘International Dolphin Conservation Programme’ means the international programme established pursuant to this Agreement based on the La Jolla Agreement, as formalised, modified and enhanced in accordance with the Declaration of Panama; 9. ‘On-Board Observer Programme’ means the programme defined in Annex II; 10. ‘Declaration of Panama’ means the Declaration signed in Panama City, Republic of Panama, on 4 October 1995; 11. ‘Director’ means the Director of Investigations of the IATTC.
Article II Objectives
The objectives of this Agreement are: 1. to progressively reduce incidental dolphin mortalities in the tuna purse-seine fishery in the Agreement Area to levels approaching zero, through the setting of annual limits; 2. with the goal of eliminating dolphin mortality in this fishery, to seek ecologically sound means of capturing large yellowfin tunas not in association with dolphins; and 3. to ensure the long-term sustainability of the tuna stocks in the Agreement Area, as well as that of the marine resources related to this fishery, taking into consideration the interrelationship among species in the ecosystem, with special emphasis on, inter alia , avoiding, reducing and minimising by-catch and discards of juvenile tunas and non-target species.
Article III Area of application of the Agreement
The area of application of this Agreement (the Agreement Area) is defined in Annex I.
Article IV General measures
The Parties shall, within the framework of the IATTC: 1. take measures to ensure the conservation of ecosystems as well as conservation and management measures to ensure the long-term sustainability of tuna stocks and other stocks of living marine resources associated with the tuna purse-seine fishery in the Agreement Area, based on the best scientific evidence available, and apply the precautionary approach, consistent with the relevant provisions of the FAO Code of Conduct for Responsible Fisheries and the United Nations Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks. Such measures shall be designed to maintain or restore the biomass of harvested stocks at or above levels capable of producing maximum sustainable yield, and with the goal of maintaining or restoring the biomass of associated stocks at or above levels capable of producing maximum sustainable yield; and 2. take measures, according to their capacities, to assess the catch and by-catch of juvenile yellowfin tuna and other stocks of living marine resources related to the purse-seine tuna fishery in the Agreement Area and establish measures in accordance with Article VI to, inter alia , avoid, reduce and minimise the by-catch of juvenile yellowfin tuna and by-catch of non-target species, in order to ensure long-term sustainability of all these species, taking into consideration the interrelationships among species in the ecosystem.
Article V International Dolphin Conservation Programme
Pursuant to the International Dolphin Conservation Programme and in consideration of the objectives of this Agreement, the Parties shall, inter alia : 1. limit total incidental dolphin mortality in the purse-seine tuna fishery in the Agreement Area to no more than five thousand annually, through the adoption and implementation of relevant measures, which shall include: (a) the establishment of a system that provides incentives to vessel captains to continue to reduce incidental dolphin mortality, with the goal of eliminating dolphin mortality in this fishery; (b) the establishment within the framework of the IATTC of a system of technical training and certification for fishing captains and crews on the gear and its use, as well as the techniques for the rescue and safety of dolphins; (c) within the framework of the IATTC, the promotion and support of research to improve gear, equipment, and fishing techniques, including those used in the fishery for tunas associated with dolphins; (d) the establishment of an equitable system for the assignment of dolphin mortality limits (DMLs), consistent with the per-year dolphin mortality caps, in accordance with Annexes III and IV; (e) requiring their respective vessels that have been assigned a DML, or that otherwise operate in the Agreement Area, to comply with the operational requirements set forth in Annex VIII; (f) the establishment of a system for the tracking and verification of tuna harvested with and without mortality or serious injury of dolphins, based on the elements set forth in Annex IX; (g) the exchange of scientific research data collected by the Parties pursuant to this Agreement on a full and timely basis; and (h) the conduct of research for the purpose of seeking ecologically sound means of capturing large yellowfin tunas not in association with dolphins; 2. establish per-stock, per-year dolphin mortality caps, and review and assess the effects of these caps, in accordance with Annex III; and 3. review the measures at a meeting of the Parties.
Article VI Sustainability of living marine resources
Pursuant to Article IV, the Parties commit to develop and implement, within the framework of the IATTC, measures to ensure the long-term sustainability of living marine resources associated with the purse-seine tuna fishery in the Agreement Area, taking into consideration the interrelationships among species in the ecosystem. To this end, the Parties shall, inter alia : 1. develop and implement a programme for assessing, monitoring and minimising by-catch of juvenile tuna and non-target species in the Agreement Area; 2. to the maximum extent practicable, develop and require the use of selective, environmentally safe and cost-effective fishing gear and techniques; 3. require that their vessels operating in the Agreement Area release alive incidentally caught sea turtles and other threatened or endangered species, to the maximum extent practicable; and 4. request the IATTC to initiate investigations to assess whether the fishing capacity of vessels fishing in the Agreement Area poses a threat to the sustainability of tuna stocks and other living marine resources associated with the fishery and, if so, examine possible measures and recommend their adoption whenever appropriate.
Article VII Implementation at the national level
Each Party shall adopt, in accordance with its laws and procedures, the necessary measures to ensure the implementation of and compliance with this Agreement including, as appropriate, the adoption of relevant laws and regulations.
Article VIII Meeting of the Parties
1. The Parties shall meet periodically to consider matters pertaining to the implementation of this Agreement and to make all decisions relevant thereto. 2. The ordinary meeting of the Parties shall take place at least once a year, preferably in conjunction with the IATTC meeting. 3. The Parties may also hold extraordinary meetings when deemed necessary. These meetings shall be convened at the request of any Party, provided that such request is supported by a majority of the Parties. 4. The meeting of the Parties shall be held when a quorum is present. Quorum is reached when a majority of the Parties are present. This rule shall also apply to meetings of subsidiary organs established under this Agreement. 5. The meetings shall be held in Spanish and English, and the documents of the meeting of the Parties shall be produced in both these languages.
Article IX Decision making
All decisions made by the Parties at meetings convened pursuant to Article VIII shall be by consensus.
Article X Scientific Advisory Board
The functions of the Scientific Advisory Board, established pursuant to the La Jolla Agreement, shall be those set forth in Annex V. The Scientific Advisory Board shall be composed and shall operate in accordance with the provisions of Annex V.
Article XI National Scientific Advisory Committees
1. Each Party shall, in accordance with its laws and procedures, establish a National Scientific Advisory Committee (NATSAC) of qualified experts, operating in their individual capacities, from the public and private sectors, and from non-governmental organisations including, inter alia , qualified scientists. 2. The functions of the NATSACs shall be, inter alia , those set forth in Annex VI. 3. The Parties shall ensure that the NATSACs shall cooperate through regular and timely meetings in the review of data and the status of stocks, and in the development of advice for achieving the objectives of this Agreement. Such meetings shall take place at least once a year in conjunction with the ordinary meeting of the Parties.
Article XII International Review Panel
The functions of the International Review Panel (IRP), established pursuant to the La Jolla Agreement, shall be those set forth in Annex VII. The IRP shall be composed and shall operate in accordance with the provisions of Annex VII.
Article XIII On-Board Observer Programmes
The On-Board Observer Programme established pursuant to the La Jolla Agreement shall operate in accordance with Annex II.
Article XIV Role of the IATTC
Envisioning that the IATTC shall have an integral role in coordinating the implementation of this Agreement, the Parties shall, inter alia , request the IATTC to provide secretariat support and to perform such other functions as are set forth in this Agreement or are agreed upon pursuant to this Agreement.
Article XV Financing
The Parties shall contribute to the expenses necessary to achieve the objectives of this Agreement, through the establishment and collection of vessel fees, the level of which shall be determined by the Parties, without prejudice to other voluntary financial contributions.
Article XVI Compliance
1. Each Party shall ensure with respect to vessels under its jurisdiction effective compliance with the measures set forth in this Agreement or adopted pursuant thereto. In particular, each Party shall ensure, through, inter alia , an annual certification and inspection programme, that vessels subject to its jurisdiction comply with: (a) the operational requirements established in Annex VIII; and (b) the on-board observer requirements established in Annex II. 2. In respect of violations, each Party, taking into consideration the recommendations of the IRP, shall apply, consistent with its national laws, sanctions of sufficient gravity as to be effective in securing compliance with the provisions of this Agreement and of measures adopted pursuant thereto and to deprive offenders of the benefits accruing from their illegal activities. Such sanctions shall, for serious offences, include refusal, suspension or withdrawal of the authorisation to fish. 3. The Parties shall establish incentives for the captains and crews of vessels, with the view to enhancing compliance with this Agreement and its objectives. 4. The Parties shall adopt cooperative measures to ensure compliance with this Agreement, building on decisions that have been taken under the La Jolla Agreement. 5. Each Party shall promptly inform the IRP of enforcement actions it has taken pursuant to this Agreement, and the results thereof.
Article XVII Transparency
1. The Parties shall promote transparency in the implementation of this Agreement, including through public participation, as appropriate. 2. Representatives from intergovernmental organisations and representatives from non-governmental organisations concerned with matters relevant to the implementation of this Agreement shall be afforded the opportunity to take part in meetings of the Parties convened pursuant to Article VIII as observers or otherwise, as appropriate, in accordance with the guidelines and criteria set forth in Annex X. Such intergovernmental organisations and non-governmental organisations shall have timely access to relevant information, subject to procedural rules on access to such information that the Parties may adopt.
Article XVIII Confidentiality
1. The meeting of the Parties shall establish rules of confidentiality for all bodies given access to information pursuant to this Agreement. 2. Notwithstanding any confidentiality rules which may be adopted in accordance with paragraph 1 above, any persons with access to such confidential information may disclose such information in connection with legal or administrative proceedings, if requested by a competent authority of the Party concerned.
Article XIX Cooperation with other organisations or arrangements
The Parties shall cooperate with subregional, regional and global fishery conservation and management organisations and arrangements with the goal of promoting the achievement of the objectives of this Agreement.
Article XX Settlement of disputes
1. The Parties shall cooperate in order to prevent disputes. Any Party may consult with one or more other Parties about any dispute related to the interpretation or application of the provisions of this Agreement to reach a solution satisfactory to all as quickly as possible. 2. If a dispute is not settled through such consultation within a reasonable period, the Parties in question shall consult among themselves as soon as possible in order to settle the dispute through any peaceful means they may decide upon in accordance with international law.
Article XXI Rights of States
No provision of this Agreement may be interpreted in such a way as to prejudice or undermine the sovereignty, sovereign rights or jurisdiction exercised by any State in accordance with international law, as well as its position or views with regard to matters relating to the law of the sea.
Article XXII Non-Parties
1. The Parties shall encourage all States and regional economic integration organisations referred to in Article XXIV of this Agreement that are not Parties to become Parties to this Agreement or to adopt laws and regulations consistent with it. 2. The Parties shall cooperate, in accordance with this Agreement and international law, to deter vessels flying the flags of States that are not Parties from carrying out activities that undermine the effectiveness of this Agreement. To this end, the Parties shall, inter alia , call to the attention of non-Parties such activities by their vessels. 3. The Parties shall exchange information among themselves, either directly or through the Director, with respect to activities of vessels flying the flags of non-Parties that undermine the effectiveness of this Agreement.
Article XXIII Annexes
The Annexes form an integral part of this Agreement and, unless expressly provided otherwise, a reference to this Agreement includes a reference to the Annexes relating thereto.
Article XXIV Signature
This Agreement is open for signature at Washington from 21 May 1998 until 14 May 1999 by States with a coastline bordering the Agreement Area and by States or regional economic integration organisations which are members of the IATTC or whose vessels fish for tuna in the Agreement Area while the Agreement is open for signature.
Article XXV Ratification, acceptance or approval
This Agreement is subject to ratification, acceptance or approval by the signatories in accordance with their domestic laws and procedures.
Article XXVI Accession
This Agreement shall remain open to accession by any State or regional economic integration organisation that meets the requirements in Article XXIV, or is otherwise invited to accede to the Agreement on the basis of a decision by the Parties.
Article XXVII Entry into force
1. This Agreement shall enter into force upon deposit of the fourth instrument of ratification, acceptance, approval or accession with the depositary. 2. After the date referred to in paragraph 1, with respect to each State or regional economic integration organisation that meets the requirements of Article XXVI, the Agreement will enter into force for each State or regional economic integration organisation upon deposit of its instrument of ratification, acceptance, approval or accession.
Article XXVIII Reservations
No reservations may be made to this Agreement.
Article XXIX Provisional application
1. This Agreement shall be applied provisionally by a State or regional economic integration organisation which consents to its provisional application by so notifying the depositary in writing. Such provisional application shall become effective from the date of receipt of the notification. 2. Provisional application by a State or regional economic integration organisation shall terminate upon the entry into force of this Agreement for that State or regional economic integration organisation or upon notification by that State or regional economic integration organisation to the depositary in writing of its intention to terminate provisional application.
Article XXX Amendments
1. Any Party may propose an amendment to this Agreement by providing to the depositary the text of a proposed amendment at least 60 days in advance of a meeting of the Parties. The depositary shall provide a copy of this text to all other Parties. 2. Amendments to this Agreement that are adopted by consensus at a meeting of the Parties shall enter into force on the date on which all Parties have deposited instruments of ratification, acceptance or approval with the depositary. 3. Unless the Parties decide otherwise, the Annexes to this Agreement may be amended, by consensus, at any meeting of the Parties. Unless otherwise agreed, amendments to an Annex shall enter into force for all Parties upon adoption.
Article XXXI Withdrawal
Any Party may withdraw at any time after 12 months from the date on which this Agreement entered into force with respect to that Party by giving written notice of withdrawal to the depositary. The depositary shall inform the other Parties of the withdrawal within 30 days of receipt of such notice. The withdrawal shall become effective six months after receipt of such notice.
Article XXXII Depositary
The original texts of this Agreement shall be deposited with the Government of the United States of America, which shall send certified copies thereof to the signatories and the Parties thereto, and to the Secretary-General of the United Nations for registration and publication, pursuant to Article 102 of the Charter of the United Nations.