Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2006-824 of 10 July 2006 authorizing the approval of the Convention on the Strengthening of the Inter-American Commission on Tropical Tuna established by the 1949 Convention between the United States of America and the Republic of Costa Rica (all four annexes);
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 96-774 of 30 August 1996 issuing the publication of the United Nations Convention on the Law of the Sea (a set of nine annexes), signed at Montego Bay on 10 December 1982, and the agreement on the application of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, made in New York on 28 July 1994 (a consolidated annex);
Vu le Decree No. 2004-215 of 8 March 2004 issuing the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (two annexes), made in New York on 4 December 1995 and signed by France on 4 December 1996,
Decrete:
The Convention on the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (four annexes), signed in Washington on 14 November 2003, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
CONVENTION
RELATING TO STRENGTHENING OF THE UNITED STATES OF AMERICA AND THE REPUBLIC OF THE COSTA RICA (ENSEMBLE QUATRE ANNEXES), SIGNED TO WASHINGTON ON 14 NOVEMBER 2003
The Parties to this Convention:
Aware that, in accordance with the relevant provisions of international law as reflected in the 1982 United Nations Convention on the Law of the Sea, all States have an obligation to take the necessary measures to conserve and manage marine biological resources, including highly migratory fish, and to cooperate with other States to take such measures;
Recalling the sovereign rights of coastal States for the exploration and exploitation, conservation and management of marine biological resources in areas under national jurisdiction, as established by the Convention on the Law of the Sea, and the right of all States to fishing on the high seas in accordance with the Convention on the Law of the Sea;
Reaffirming their commitment to the Rio Declaration on Environment and Development and Agenda 21, including chapter 17, adopted by the United Nations Conference on Environment and Development (1992), and in support of the Johannesburg Declaration and Plan of Implementation adopted by the World Summit on Sustainable Development (2002);
Emphasizing the need to implement the principles and standards of the Code of Conduct for Responsible Fisheries adopted by the Conference of the Food and Agriculture Organization of the United Nations (OAA) in 1995, including the 1993 Agreement to Promote Compliance by High Seas Fishing Vessels with International Conservation and Management Measures, which is an integral part of the Code, as well as the International Plans of Action adopted by the OAA as part of the Code;
Taking note that the 50th General Assembly of the United Nations, in accordance with resolution A/RES/50/24, adopted the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks ("New York Agreement") and Highly Migratory Fish Stocks
Considering the importance of fishing highly migratory fish stocks as a source of food, employment and economic benefits for the populations of the Parties and the need for conservation and management measures to address these needs and to take into account the economic and social implications of these measures;
Taking into account the specific situation and requirements of developing countries in the region, including coastal countries, in order to achieve the objective of this Convention;
Acknowledging the significant efforts made by the Inter-American Commission of the Thon Tropical, the remarkable results achieved, as well as the importance of its work in the field of tuna fishing in the eastern Pacific Ocean;
Desiring to take advantage of the experience associated with the implementation of the 1949 Convention;
Reaffirming that multilateral cooperation is the most effective means of achieving the conservation and sustainable use of marine biological resources;
Undertaking to ensure the long-term conservation and sustainable use of fish stocks covered by this Convention;
Convinced that the best way to achieve the above objectives and to strengthen the Inter-American Commission of Thon Tropical is to update the provisions of the 1949 Convention between the United States of America and the Republic of Costa Rica establishing the Inter-American Commission of Thon Tropical,
The following agreed:
Article I
Definitions
For the purposes of this Convention:
1. "fish stocks covered by this Convention" means stocks of tuna and related species and other fish caught by vessels fishing tuna and related species in the Convention area.
2. "fishing" means:
(a) The research, capture or exploitation, effective or intended, of fish stocks covered by this Convention;
(b) The continuation of any activity that can reasonably be expected to result in the location, capture or operation of these stocks;
(c) The installation, search or recovery of any fish concentration or related equipment, including radio beacons;
(d) Any operation at sea carried out in support of or in preparation for any activity described in subparagraphs (a), (b) and (e) of this paragraph, with the exception of any emergency operation in situations involving the safety and health of the crew or the safety of the vessel;
(e) The use of any other vehicle, whether air or marine, in relation to any activity described in this definition, except in emergency situations involving a risk to the health and safety of the crew or the safety of the vessel;
3. "ship" means any vessel used or intended to be used for fishing, including support vessels, auxiliary vessels and any other vessel directly involved in such fishing operations.
4. It is understood by the flag State unless otherwise stated:
(a) A State whose ships are authorized to defeat the flag; or
(b) A regional economic integration organization in which ships are authorized to defeat the flag of a Member State of this regional economic integration organization;
5. "Consensual" means the adoption of a decision without a vote or express formulation of any objection.
6. "Parties" means States and regional economic integration organizations that have agreed to be bound by this Convention and for which this Convention is in force, in accordance with the provisions of Articles XXVII, XXIX and XXX of this Convention.
7. "Members of the Commission" means Parties and any fishing entity that has expressly undertaken, in accordance with the provisions of Article XXVIII of this Convention, to comply with the provisions of this Convention and to observe any conservation and management measures adopted under this Convention.
8. The term "regional economic integration organization" means a regional economic integration organization to which its member States have transferred competences on matters under this Convention, including the power to make decisions on those issues that engage its member States.
9. "Convention of 1949" means the Convention between the United States of America and the Republic of Costa Rica establishing the Inter-American Commission of Thon Tropical.
10. The Inter-American Commission of Thon Tropical is understood by "Commission".
11. “Convention on the Law of the Sea” means the United Nations Convention on the Law of the Sea of 10 December 1982.
12. "New York Agreement of 1995" means the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
13. The Code of Conduct refers to the Code of Conduct for Responsible Fisheries adopted at the 28th session of the United Nations Food and Agriculture Organization Conference in October 1995.
14. The Agreement on the International Programme for the Conservation of Dauphins of May 21, 1998.
Article II
Objective
The objective of this Convention is to ensure the long-term conservation and sustainable use of the fish stocks covered by this Convention in accordance with the relevant rules of international law.
Article III
Area of application of the Convention
The area of application of this Convention ("Convention Area") includes the Pacific Ocean region limited by the coasts of North America, Central America and South America, and the following lines:
i) the parallel 50° North from the coasts of North America to its intersection with the meridian 150° West
(ii) the meridian 150° West to its point of intersection with the parallel 50° South; and
(iii) the parallel 50° South to its point of intersection with the coasts of South America.
1. The members of the Commission, directly and through the Commission, shall apply the precautionary approach as defined in the relevant provisions of the Code of Conduct and/or the 1995 New York Agreement for the Conservation, Management and Sustainable Use of Fish Stocks covered by this Convention.
2. In particular, Commission members take all the more precautions as the information is uncertain, unreliable or inadequate. The lack of adequate scientific information cannot be invoked to avoid or defer conservation and management measures.
3. When the status of targeted fish stocks or non-target species, or associated or dependent species becomes a cause for concern, the Board members reinforce the monitoring of these stocks and species to assess their status and effectiveness of conservation and management measures. They regularly review these measures based on available new scientific information.
Article V
Compatibility of conservation and management measures
1. Nothing in this Convention shall affect or prejudice the sovereignty or sovereign rights of coastal States related to the exploration and exploitation, conservation and management of marine biological resources in areas under their sovereignty or national jurisdiction as established in the Convention on the Law of the Sea or the right of all States to fishing on the high seas in accordance with the Convention on the Law of the Sea.
2. The conservation and management measures established for the high seas and those adopted for areas under national jurisdiction must be consistent to ensure the conservation and management of the fish stocks covered by this Convention.
1. The members of the Commission agree to retain, with all its assets and liabilities, and to strengthen the Inter-American Commission of the Thon Tropical established by the 1949 Convention.
2. The Commission consists of sections composed of one (1) to four (4) commissioners designated by each member, who may be accompanied by the experts and advisers that the member considers appropriate.
3. The Commission has the legal personality and enjoys, within the framework of its relations with other international organizations as well as with its members, the legal capacity necessary for the performance of its functions and for the fulfilment of its objective, in accordance with international law. Immunities and privileges enjoyed by the Commission and its officers are subject to an agreement between the Commission and the member concerned.
4. The seat of the Commission is maintained in San Diego, California, United States of America.
Article VII
Functions of the Commission
1. The Commission shall perform the following functions, giving priority to tunas and related species:
(a) To promote, conduct and coordinate scientific research on abundance, biology and biometrics in the Convention area of fish stocks covered by this Convention and, as appropriate, associated or dependent species as well as on the impact of natural factors and human activities on the populations of such stocks and species;
(b) Adopt standards for the timely collection, verification, exchange and communication of fish stocks data under this Convention;
(c) Adopt measures based on the best available scientific data to ensure the long-term conservation and sustainable use of fish stocks covered by this Convention and to maintain or restore populations of species exploited at levels of abundance likely to produce maximum consistent yield, inter alia, by defining an eligible volume of catches of fish stocks determined by the Commission and/or a total level of fishing capacity and/or the level of eligible fishing effort for the area
(d) Determine whether, in view of the best available scientific information, a particular fish stock covered by this Convention is fully exploited or overexploited and, on this basis, if an increase in fishing capacity or level of fishing effort is likely to jeopardize the conservation of this stock;
(e) With respect to the stocks referred to in paragraph (d) of this paragraph, determine, on the basis of criteria adopted or applied by the Commission, the extent to which fishing interests of new members of the Commission could be taken into consideration, taking into account relevant international standards and practices;
(f) Adopt, as appropriate, conservation and management measures and recommendations for species belonging to the same ecosystem that are affected by the fisheries of fish species covered by this Convention, or that are dependent on or associated with these species, in order to maintain or restore populations of these species above the level at which their reproduction may be seriously threatened;
(g) Adopt appropriate measures to avoid, limit and minimize waste, discharge, capture by lost or abandoned equipment, capture of non-target species (fish or other species) and effects on associated or dependent species, in particular endangered species;
(h) Adopt appropriate measures to prevent or stop overexploitation and overcapacity for fishing and ensure that fishing effort does not reach a level incompatible with the sustainable use of fish stocks covered by this Convention;
(i) Establish a comprehensive data-collection and monitoring programme that includes elements that the Commission considers necessary. Each member of the Commission may also maintain its own programme in accordance with the guidelines adopted by the Commission;
(j) Ensure that the development of the measures to be adopted in accordance with paragraphs (a) to (i) of this paragraph takes due account of the need for coordination and compatibility with the measures adopted in accordance with ACPICD;
(k) Promote, as far as possible, the development and use of selective fishing gear and techniques that are environmentally safe and cost-effective, as well as other related activities, including activities related, inter alia, to technology transfer and training;
(l) Define, as appropriate, criteria and make decisions, relating to the distribution of the allowable volume of captures, or the eligible total fishing capacity, including the load capacity, or the level of the fishing effort, taking into account all relevant factors;
(m) Apply the precautionary approach in accordance with the provisions of Article IV of this Convention. When the Commission adopts measures in accordance with the precautionary approach in the absence of appropriate scientific information, as provided for in Article IV, paragraph 2, of this Convention, the Commission shall endeavour to obtain, as soon as possible, the scientific information necessary to maintain or amend these measures;
(n) Promote the application of all relevant provisions of the Code of Conduct and other relevant international instruments, including, inter alia, the International Action Plans adopted by the OAA under the Code of Conduct;
(o) Appoint the Director of the Commission;
(p) Approve its programme of work;
(q) Approve its budget, in accordance with the provisions of Article XIV of this Convention;
(r) Approve the accounts for the last fiscal year;
(s) Adopt or amend its own rules and procedures, financial regulations and other internal by-laws necessary for the performance of its functions;
(t) Ensure the Secretariat of ACPICD, taking into account the provisions of Article XIV, paragraph 3, of this Convention;
(u) Establish the subsidiary bodies it deems necessary;
(v) Adopt any other measures or recommendations, based on relevant information, including the best available scientific information, necessary to achieve the objective of this Convention, including non-discriminatory and transparent measures in accordance with international law, in order to prevent, deter and eliminate activities that undermine the effectiveness of conservation and management measures adopted by the Commission.
2. The Commission shall maintain qualified personnel on matters relating to this Convention, including in the administrative, scientific and technical fields, under the supervision of the Director, and shall ensure that it understands all the personnel necessary for the effective and effective implementation of this Convention. The Commission must look for the most qualified available staff, and give due consideration to the importance of recruiting such staff on an equitable basis in order to promote broad representation and participation of Commission members.
3. In considering the guidelines for the programme of work on scientific issues to be addressed by scientific staff, the Commission shall take into account, inter alia, the advice, recommendations and reports of the Scientific Advisory Committee established under Article XI of this Convention.
Article VIII
Meetings of the Commission
1. The regular meetings of the Commission shall be held at least once a year, at the venue and date agreed by the Commission.
2. The Commission may also hold extraordinary meetings when it considers it necessary. These meetings are convened at the request of at least two members of the Commission, provided that a majority of members support this request.
3. The meetings of the Commission shall be held only when the quorum is reached. This is achieved when two thirds of the members of the Commission are present. This rule also applies to meetings of subsidiary bodies established under this Convention.
4. The meetings are held in English and Spanish and the documents of the Commission are prepared in both languages.
5. Members shall elect a Chairperson and a Vice-Chairperson, unless otherwise decided, between the separate Parties to this Convention. These two officials are elected for a period of one (1) year and remain in office until the election of their successors.
Article IX
Decision-making
1. Unless otherwise provided, all decisions taken by the Commission at meetings convened in accordance with Article VIII of this Convention shall be by consensus of the members of the Commission present at the meeting in question.
2. Decisions concerning the adoption of amendments to this Convention and its annexes, as well as invitations to accede to this Convention in accordance with Article XXX(c) of this Convention require consensus from all Parties. In this case, the Chairperson of the meeting should ensure that all members of the Commission have the opportunity to express their views on the decision-making proposals, which the Parties take into account in making the final decision.
3. The consensus of all members of the Commission is required for decisions concerning:
(a) The adoption and amendment of the Commission's budget, as well as the decisions that define the terms and share of the contributions of its members;
(b) The issues referred to in Article VII, paragraph 1, of this Convention.
4. With regard to the decisions referred to in paragraphs 2 and 3 of this article, if a Party or member of the Commission, if any, is absent at the meeting in question and has not sent a notification in accordance with paragraph 6 of this article, the Director shall notify the Party or member of the decision taken at that meeting. If, within thirty (30) days after receipt of such notification by the Party or member, the Director has not received a response from that Party or member, that Party or member is presumed to have joined the consensus on the decision in question. If, within that period of thirty (30) days, that Party or member responds in writing that it cannot associate itself with the consensus on the decision in question, it is without effect, and the Commission shall endeavour to reach a consensus as soon as possible.
5. When a Party or a member of the Commission who was absent at a meeting notify the Director that it cannot associate itself with the consensus on a decision taken at that meeting, in accordance with paragraph 4 of this article, that member shall not object to the consensus on the same matter if he is absent at the next meeting of the Commission on the agenda of which this issue is included.
6. If a member of the Commission is unable to attend a meeting of the Commission due to exceptional and unforeseen circumstances beyond his or her will:
(a) It shall notify the Director in writing, if possible before the beginning of the meeting or, in any other case, as soon as possible. This notification is effective as soon as the Director acknowledges receipt to the member concerned; and
(b) Subsequently and as soon as possible, the Director shall notify the member of all decisions taken at that meeting in accordance with paragraph 1 of this article;
(c) Within thirty (30) days after the notification referred to in paragraph (b) of this paragraph, the member may notify the Director in writing that he or she cannot join the consensus on one or more of these decisions. In this case, the decision or decisions in question are without effect, and the Commission endeavours to reach consensus as soon as possible.
7. The decisions adopted by the Commission in accordance with this Convention shall bind all members forty-five (45) days after their notification, unless otherwise specified in this Convention or unless otherwise agreed upon in the decision-making process.
Article X
Committee for the Review of the Implementation of Measures adopted by the Commission
1. The Commission shall establish a Committee for the Review of the Implementation of the Measures adopted by the Commission, composed of representatives designated for this purpose by each member of the Commission, who may be accompanied by experts and advisers whose members consider the appropriate presence.
2. The functions of the Committee are those set out in Annex 3 to this Convention.
3. In the performance of its functions, the Committee may, if any, and with the approval of the Commission, consult with any other fisheries management organization, any other technical or scientific organization, competent on the subject of this consultation, and may seek advice from experts, as appropriate, on a case-by-case basis.
4. The Committee strives to adopt its reports and recommendations by consensus. If all efforts to reach consensus fail, reports must indicate this and reflect majority and minority opinions. At the request of any member of the Committee, the views of that member on all or part of the reports will also be reproduced.
5. The Committee shall hold at least one meeting per year, preferably at the ordinary meeting of the Commission.
6. The Committee may convene other meetings, at the request of at least two (2) members of the Commission, provided that a majority of members support this request.
7. The Committee shall perform its functions in accordance with the procedures, guidelines and instructions adopted by the Commission.
8. To support the work of the Committee, the staff of the Commission shall:
(a) Collect the necessary information for the work of the Committee and develop a database in accordance with the procedures established by the Commission;
(b) Provide statistical analyses that the Committee considers necessary for the performance of its functions;
(c) Prepare the reports of the Committee;
(d) Disclose all relevant information to the members of the Committee, in particular those referred to in paragraph 8 (a) of this article.
Article XI
Scientific Advisory Committee
1. The Commission shall establish a Scientific Advisory Committee, composed of a representative designated by each member of the Commission, having the appropriate qualifications or experience required in the matter of competence of the Committee, and may be accompanied by the experts or advisers that the member considers the appropriate presence.
2. The Commission may invite organizations or persons with recognized scientific experience in the areas of its work to participate in the work of the Committee.
3. The functions of the Committee are those set out in Annex 4 to this Convention.
4. The Committee shall meet at least once a year, preferably before a meeting of the Commission.
5. The Committee may convene other meetings, at the request of at least two (2) members of the Commission, provided that a majority of members support this request.
6. The Director shall serve as Chair of the Committee or may delegate the exercise of these functions, subject to the approval of the Commission.
7. The Committee strives to adopt its reports and recommendations by consensus. If all efforts to reach consensus fail, reports must indicate this and reflect majority and minority opinions. At the request of any member of the Committee, the views of that member on all or part of the reports will also be reproduced.
Article XII
Administration
1. The Commission shall appoint, in accordance with the procedural rules adopted and taking into account all the criteria established therein, a Director whose competences in the field of this Convention are established and generally recognized, in particular with regard to its scientific, technical and administrative aspects, who shall report to the Commission and may revoke at its discretion. The Director ' s term of office is four (4) years and may be extended as many times as the Commission decides.
2. The functions of the Director are as follows:
(a) Develop research plans and programmes for the Commission;
(b) Prepare budget estimates for the Commission;
(c) Authorize the payment of funds for the implementation of the work programme and budget approved by the Commission and maintain the accounting of the funds so used;
(d) Appoint, revoke and direct administrative, scientific, technical and other personnel necessary for the performance of the functions of the Commission, in accordance with the procedural rules adopted by the Commission;
(e) Where applicable, for the effective functioning of the Commission, appoint a Scientific Research Coordinator, in accordance with paragraph 2 (d) of this article, who is acting under the supervision of the Director, who entrusts him with the functions and responsibilities that he considers appropriate;
(f) Organize co-operation with other organizations or individuals, where appropriate, when necessary for the performance of the functions of the Commission;
(g) Coordinate the work of the Commission with those of the organizations and persons with whom cooperation was organized by the Director;
(h) Prepare administrative, scientific and other reports for the Commission;
(i) Prepare draft agendas for meetings of the Commission and its subsidiary bodies and convene these meetings, in consultation with the members of the Commission and taking into account their proposals, and provide administrative and technical support for these meetings;
(j) Ensure the publication and dissemination of conservation and management measures adopted by the Commission and in force and, to the extent possible, the maintenance and distribution of lists of other applicable conservation and management measures adopted by the members of the Commission and in force in the Convention area;
(k) Ensure that a file is maintained, inter alia, on the information provided to the Commission pursuant to Annex 1 to this Convention relating to vessels fishing in the Convention area, as well as to the periodic dissemination of information contained in this file to all members of the Commission and, at its request, to any member in particular;
(l) Acting as a legal representative of the Commission;
(m) To perform any other functions necessary to ensure the effective and effective functioning of the Commission and the other functions assigned to it by the Commission.
3. In the performance of their functions, the Director and staff of the Commission shall refrain from acting in a manner that may be incompatible with their status or with the purpose and provisions of this Convention. They also have no financial interest in activities such as the study and research, exploration, exploitation, processing and marketing of fish stocks covered by this Convention. They also ensure that, during the performance of their duties within the Commission and subsequently, they do not disclose any confidential information that they would have obtained or had access to in the performance of their duties.
Article XIII
Scientific personnel
The Scientific Personnel shall work under the supervision of the Director, and the Scientific Research Coordinator, if appointed in accordance with Article XII, paragraph 2 (d) and (e), of this Convention, and shall perform the following functions, giving priority to tunas and related species:
(a) Conduct scientific research projects and other research activities approved by the Commission under the workplans adopted for this purpose;
(b) Provide the Commission, through the Director, scientific advice and recommendations in support of the development of conservation and management measures and other relevant issues, after consultation with the Scientific Advisory Committee, except in cases where clear deadlines limit the ability of the Director to provide such advice or recommendations to the Commission in a timely manner;
(c) Provide the Scientific Advisory Committee with the information necessary for the performance of its functions referred to in Annex 4 to this Convention;
(d) Provide the Commission, through the Director, with recommendations for scientific research in support of the functions of the Commission, in accordance with Article VII, paragraph 1 (a), of this Convention;
(e) Collect and analyse information on the current and past status and trends in fish stocks covered by this Convention;
(f) Provide the Commission, through the Director, with proposals for standards for the collection, verification, and timely exchange and notification of fish stocks data covered by this Convention;
(g) Collect statistical data and any type of reports relating to the capture of fish stocks covered by this Convention, the operations of vessels in the Convention area, and any other relevant information relating to the fisheries of such stocks, including, where appropriate, social and economic aspects;
(h) To study and analyse information on methods and procedures for the maintenance and increase of fish stocks covered by this Convention;
(i) Publish or disseminate by other means reports presenting its conclusions and other reports within the scope of this Convention, as well as scientific, statistical and other data related to the fisheries of fish stocks covered by this Convention, ensuring respect for confidentiality, in accordance with the provisions of Article XXII of this Convention;
(j) Exercising other functions and tasks that may be assigned to it.
Article XIV
Budget
1. The Commission shall annually adopt its budget for the following year, in accordance with Article IX, paragraph 3, of this Convention. When determining the amount of the budget, the Commission shall duly consider the principle of cost-effectiveness.
2. The Director shall submit to the Commission a detailed annual budget proposal which shall specify the expenses envisaged from the contributions referred to in Article XV, paragraph 1, and those referred to in Article XV, paragraph 3, of this Convention.
3. The Commission shall maintain a separate accounting for activities carried out under this Convention and under ACPICD. The services provided to APICD and the associated estimated costs are detailed in the Commission's budget. The Director shall provide to the Meeting of the Parties to ACPICD for approval, and before the beginning of the year in which such services are to be provided, estimates of services and costs for the tasks to be carried out under this Agreement.
4. The Board ' s accounts are submitted annually to an independent financial audit.
Article XV
Contributions
1. The amount of the contribution of each member of the Commission to the budget shall be determined in accordance with the scheme adopted and, as appropriate, amended by the Commission, in accordance with article IX, paragraph 3, of this Convention. The format adopted by the Commission should be transparent and equitable for all members and detailed in the Financial Regulations of the Commission.
2. The contributions agreed in accordance with the provisions of paragraph 1 of this article shall enable the operation of the Commission and shall in due course finance the annual budget voted in accordance with article XIV, paragraph 1, of this Convention.
3. The Commission shall establish a fund to receive voluntary contributions for the research and conservation of fish stocks covered by this Convention and, where appropriate, associated or dependent species, as well as for the conservation of the marine environment.
4. Without prejudice to the provisions of Article IX of this Convention, and unless the Commission decides otherwise, if a member of the Commission accumulates arrears of contributions in an amount equal to or greater than the sum of the contributions it owes for the preceding twenty-four months, that member does not have the right to participate in the decision-making within the Commission before having fulfilled its obligations under this Article.
5. Each member of the Commission shall cover expenditures related to its participation in meetings of the Commission and its subsidiary bodies.
Article XVI
Transparency
1. The Commission, in its decision-making process and in its other activities, promotes transparency in the application of this Convention, inter alia, through:
(a) Public dissemination of relevant non-confidential information; and
(b) Where appropriate, facilitating consultations with non-governmental organizations, representatives of the fishing industry, in particular the fishing fleet, and other interested bodies and individuals, as well as their effective participation.
2. Representatives of non-Parties, appropriate intergovernmental organizations and non-governmental organizations, including environmental organizations whose experience is recognized in the areas of competence of the Commission, as well as the thonar industry of any member of the Commission operating in the area of the Convention, in particular the thonière fishing fleet, may participate in meetings of the Commission and its subsidiary bodies, in the capacity of observers or others, as appropriate These participants must have timely access to the relevant information, subject to the procedural and confidentiality rules adopted by the Commission regarding access to this type of information.
Article XVII
Rights of States
Nothing in this Convention shall be construed in such a manner as may affect or prejudice the sovereignty, sovereign rights, or jurisdiction exercised by any State in accordance with international law, as well as its position or views on matters relating to the law of the sea.
Article XVIII
Implementation, compliance with the regulations and police powers of the Parties
1. Each Party shall take the necessary measures to ensure the application and compliance with this Convention and any conservation and management measures adopted under this Convention, including the adoption of the necessary laws and regulations.
2. Each Party shall provide the Commission with all information necessary for the realization of the objective of this Convention, including statistical and biological information and information relating to its fishing activities in the area of the Convention, and shall make available to the Commission information on the actions undertaken to implement the measures adopted in accordance with this Convention, when the Commission so requires and as necessary, subject to the provisions of Article XXII of this Convention and in accordance with the rules of procedure adopted by the Commission.
3. Each Party shall, as soon as possible, through the Director, inform the Committee for the Review of the Implementation of the Measures adopted by the Commission established in accordance with the provisions of Article X of this Convention:
(a) Legal and administrative provisions, including those relating to offences and sanctions, concerning compliance with conservation and management measures adopted by the Commission;
(b) Measures taken to ensure compliance with conservation and management measures adopted by the Commission, including, where appropriate, the analysis of specific cases and the final decision adopted.
4. Each Party:
(a) Authorizes the use and dissemination, subject to applicable confidentiality rules, of relevant information collected by onboard observers of the Commission or a national program;
(b) Ensure that the owners and/or captains of the vessels authorize the Commission, in accordance with the procedural rules adopted by the Commission in this area, to collect and analyse the information necessary for the performance of the functions of the Committee for the Review of the Implementation of the Measures adopted by the Commission;
(c) Provides every six months to the Commission a report on the activities of its tuna vessels and any other information necessary to the work of the Committee for the Review of the Implementation of the Measures adopted by the Commission.
5. Each Party shall take measures to ensure that vessels operating in waters under its national jurisdiction meet this Convention and the measures adopted under it.
6. Each Party, where it has reasonable grounds to believe that a ship flying the flag of another State is engaged in an activity that compromises the effectiveness of the conservation and management measures adopted for the Convention area, draws to this point the attention of the flag State concerned and may, where appropriate, draw the attention of the Commission to this point. The Party in question must provide the flag State with all the evidence gathered and may submit a summary to the Commission. The Commission refrains from disseminating this information before the flag State has had the opportunity to comment, within a reasonable time, on the allegations and evidence submitted to it or object to it, as the case may be.
7. Each Party, at the request of the Commission or any other Party and, where relevant information that a vessel under its jurisdiction has carried out activities that are contrary to the measures adopted pursuant to this Convention has been communicated to it, must conduct a thorough investigation and, where appropriate, act in accordance with its national legislation and inform, as soon as possible, the Commission and, where appropriate, the other Party of the actions undertaken.
8. Each Party shall, in accordance with its national legislation and in a manner consistent with international law, apply sanctions of sufficient gravity to ensure effective compliance with the provisions of this Convention and the measures adopted under it and deprive offenders of the benefits of their illegal activities, including, where appropriate, the rejection, suspension or withdrawal of their fishing authorization.
9. Parties whose coasts are adjacent to the Convention area, or whose vessels fish stocks under this Convention or in whose territory catches are disembarked and processed, shall cooperate to ensure compliance with this Convention and the application of conservation and management measures adopted by the Commission, including, as appropriate, through the adoption of cooperative measures and programmes.
10. If the Commission determines that vessels fishing in the area of the Convention have engaged in activities that compromise the effectiveness of conservation and management measures adopted by the Commission or otherwise violate them, the Parties may initiate an action, in accordance with the recommendations adopted by the Commission and in accordance with this Convention and international law, to deter such vessels from carrying out such activities until such action is taken by the flag State to ensure that
Rule XIX
Enforcement, enforcement and police powers of fishing entities
Article XVIII of this Convention applies mutatis mutandis to fishing entities members of the Commission.
Rule XX
Obligations of flag States
1. Each Party, in accordance with international law, shall take the necessary measures to ensure that vessels flying its flag comply with the provisions of this Convention and the conservation and management measures adopted under this Convention, and that they do not engage in any activity that compromises the effectiveness of these measures.
2. No Party shall permit a vessel authorized to beat its flag to be used for the fishing of fish stocks covered by this Convention, unless authorized by the competent authority or authorities of that Party. A Party shall allow vessels flying its flag to be used for fishing in the Convention area only when it can effectively discharge its responsibilities with respect to such vessels in accordance with this Convention.
3. In addition to its obligations referred to in paragraphs 1 and 2 of this article, each Party shall take the necessary measures to ensure that vessels flying its flag do not fish in areas under the sovereignty or national jurisdiction of another State in the Convention area without having the corresponding licence, permit or authorization, issued by the competent authorities of that State.
Article XXI
Obligations of fishing entities
Article XX of this Convention applies mutatis mutandis to fishing entities members of the Commission.
1. The Commission shall establish rules of confidentiality applicable to all bodies and persons with access to information under this Convention.
2. Notwithstanding the confidentiality rules adopted in accordance with paragraph 1 of this article, a person who has access to such confidential information may disclose it in legal or administrative proceedings if the competent authority concerned so requests.
1. The Commission is committed to adopting measures relating to technical assistance, technology transfer, training and other forms of cooperation, in order to assist the Commission's developing countries in complying with their obligations under this Convention, as well as to enhance their capacity to develop fisheries within their respective national jurisdiction and to participate in high seas fisheries on a sustainable basis.
2. Members of the Commission shall facilitate and promote such cooperation, in particular technical and financial cooperation, and the transfer of technology, as appropriate, for the effective implementation of paragraph 1 of this article.
Article XXIV
Cooperation with other organizations or arrangements
1. The Commission shall cooperate with subregional, regional and global fisheries management organizations and arrangements and, where appropriate, establish appropriate institutional arrangements such as advisory committees, in accordance with these organizations and arrangements, with a view to promoting the achievement of the objective of this Convention, obtaining the best available scientific information, and avoiding duplication of work.
2. The Commission, in accordance with appropriate organizations or arrangements, shall adopt the rules of operation of the institutional arrangements established in accordance with paragraph 1 of this article.
3. When the area of the Convention encroachs on an area regulated by another fisheries management organization, the Commission shall cooperate with that organization in order to ensure the achievement of the objective of this Convention. To this end, through consultations or other arrangements, the Commission endeavours to agree with the other organization of the relevant measures to be taken, for example, to ensure the harmonization and compatibility of conservation and management measures adopted by the Commission and the other organization, or to decide that the Commission or the other organization, as the case may be, avoid measures relating to species regulated by the other party.
4. The provisions of paragraph 3 of this Article shall apply, if any, in the case of fish stocks that cross, during their migration, areas within the jurisdiction of the Commission or one or more other organizations or arrangements.
1. Members of the Commission cooperate to prevent disputes. A member may consult with one or more of the members for any dispute relating to the interpretation or application of the provisions of this Convention in order to arrive at a satisfactory solution for all as soon as possible.
2. If the consultation fails to resolve the dispute within a reasonable time, the members concerned shall consult as soon as possible in order to resolve the dispute by all the peaceful means to which they may agree, in accordance with international law.
3. In cases where two or more members of the Commission agree that the dispute between them is of a technical nature and that they are not in a position to resolve the dispute themselves, they may submit it, by mutual consent, to an ad hoc panel of non-binding experts established within the framework of the Commission, in accordance with the procedures adopted by the Commission for that purpose. The panel shall exchange views with the members concerned and endeavour to resolve the dispute as soon as possible, without resorting to the mandatory dispute resolution procedures.
1. The Commission and its members shall encourage all States and regional economic integration organizations referred to in Article XXVII of this Convention and, where appropriate, fishing entities referred to in Article XXVIII of this Convention that are not members of the Commission, to become it or to adopt laws and regulations consistent with this Convention.
2. Members of the Commission shall exchange information, either directly or through the Commission, on the activities of non-member vessels that compromise the effectiveness of this Convention.
3. The Commission and its members cooperate, in a manner consistent with this Convention and international law, with a view to jointly deter non-member vessels from carrying out activities that undermine the effectiveness of this Convention. To this end, members draw, among other things, the attention of non-members to such activities carried out by their ships.
1. This Convention is open for signature in Washington:
(a) Parties to the 1949 Convention;
(b) States not Parties to the 1949 Convention bordering the Convention area; and
(c) States and regional economic integration organizations not party to the 1949 Convention and whose vessels have fished stocks covered by this Convention at any time during the four years preceding the adoption of this Convention, and which have participated in the negotiation of this Convention; and
(d) Other States not Parties to the 1949 Convention and whose vessels have fished stocks covered by this Convention at any time during the four years preceding the adoption of this Convention, following consultations with the Parties to the 1949 Convention, from 14 November 2003 until 31 December 2004.
2. With regard to the regional economic integration organizations referred to in paragraph 1 of this article, no member State of such an organization may sign this Convention unless it represents a territory outside the territorial scope of the treaty establishing the organization and subject to the limited participation of that Member State to the representation of the interests of that territory.
Article XXVIII
Fishing entities
1. Any fishing entity whose vessels have fished from the fish stocks covered by this Convention at any time during the four years preceding the adoption of this Convention may express its firm commitment to comply with the provisions of this Convention and to observe any conservation and management measures adopted under this Convention:
(a) By signing, during the period referred to in article XXVII, paragraph 1, of this Convention, an instrument drafted for that purpose in accordance with a resolution to be adopted by the Commission under the 1949 Convention; and/or
(b) During the above-mentioned or subsequent period, through a written communication addressed to the depositary, in accordance with a resolution to be adopted by the Commission under the 1949 Convention. The depositary shall promptly provide copies of this communication to all signatories and Parties.
2. The undertaking expressed in accordance with paragraph 1 of this Article shall take effect on the date referred to in paragraph 1 of Article XXXI of this Convention, or on the date of the written communication referred to in paragraph 1 of this Article, if it is later.
3. Any fishing entity referred to above may express its firm commitment to comply with the provisions of this Convention if amended in accordance with Article XXXIV or Article XXXV of this Convention through a written communication addressed to the depositary for that purpose, in accordance with the resolution referred to in paragraph 1 of this Article.
4. The undertaking expressed in accordance with paragraph 3 of this Article shall take effect on the dates referred to in paragraph 3 of Article XXXIV and paragraph 4 of Article XXXV of this Convention, or on the date of the written communication referred to in paragraph 3 of this Article, if it is later.
Article XXIX
Ratification, acceptance or approval
This Convention shall be subject to ratification, acceptance or approval of signatories in accordance with their national legislation and procedures.
Article XXX
Access
This Convention shall remain open to the accession of any State or regional economic integration organization:
(a) Who meets the requirements of Article XXVII of this Convention; or
(b) Including vessels fishing fish stocks covered by this Convention as a result of consultations with Parties; or
(c) Who is invited to join this Convention on the basis of a decision of the Parties.
Article XXXI
Entry into force
1. This Convention comes into force fifteen (15) months after the deposit with the Depositary of the seventh instrument of ratification, acceptance, approval or accession of the Parties to the 1949 Convention that were Parties to this Convention on the date on which this Convention was opened for signature.
2. After the date of entry into force of this Convention, for any State or regional economic integration organization that meets the requirements of Article XXVII or Article XXX, this Convention shall enter into force for that State or regional economic integration organization on the thirtieth (30th) day after the deposit of its instrument of ratification, acceptance, approval or accession.
3. Upon the entry into force of this Convention, the Convention shall prevail over the relationship between the Parties to this Convention and the 1949 Convention to the 1949 Convention.
4. Upon the entry into force of this Convention, the conservation and management measures and other arrangements adopted by the Commission in accordance with the 1949 Convention shall remain in force until their expiry or repeal by decision of the Commission or their replacement by other measures or arrangements adopted in accordance with this Convention.
5. Upon the entry into force of this Convention, any Party to the 1949 Convention that has not yet agreed to be bound by this Convention shall be deemed to remain a member of the Commission unless such Party decides not to remain a member of the Commission by notifying in writing this decision to the Depositary before the entry into force of this Convention.
6. Upon the entry into force of this Convention, for all Parties to the 1949 Convention, the Convention shall be deemed to have ended in accordance with the relevant rules of international law as defined in Article 59 of the Vienna Convention on the Law of Treaties.
Article XXXII
Provisional application
1. In accordance with its laws and regulations, a State or regional economic integration organization that meets the requirements of Article XXVII or Article XXX of this Convention may apply this Convention provisionally by notifying in writing its intention to the depositary. This provisional application shall commence on the date of entry into force of this Convention or on the date of receipt of such notification by the depositary, if it is later.
2. The provisional application of this Convention by a State or a regional economic integration organization referred to in paragraph 1 of this article shall terminate upon the entry into force of this Convention for that State or that regional economic integration organization, or upon notification to the depositary by that State or that regional economic integration organization of its intention to terminate its provisional application of this Convention.
Article XXXIII
Reservations
This Convention does not grant any reservation.
Article XXXIV
Amendments
1. Any member of the Commission may propose an amendment to this Convention by providing the Director with the text of the amendment proposal at least sixty (60) days before a meeting of the Commission. The Director shall promptly provide copies of this text to all other members.
2. Amendments to this Convention shall be adopted in accordance with Article IX, paragraph 2, of this Convention.
3. Amendments to this Convention shall enter into force ninety (90) days after all Parties to the Convention, on the date the amendments have been approved, have deposited with the depositary their instruments of ratification, acceptance or approval of such amendments.
4. States or regional economic integration organizations that become Parties to this Convention after the entry into force of amendments to this Convention or its annexes are considered to be Parties to the Convention as amended.
Article XXXV
Annexes
1. Annexes to this Convention shall be an integral part of this Convention and, unless expressly provided otherwise, any reference to this Convention shall also refer to its annexes.
2. Any member of the Commission may propose an amendment to an annex to this Convention by providing the Director with the text of the amendment proposal at least sixty (60) days before a meeting of the Commission. The Director shall provide copies of this text to all other members as soon as possible.
3. Amendments to the annexes are adopted in accordance with Article IX, paragraph 2, of this Convention.
4. Unless otherwise agreed, the amendments to an annex shall enter into force for all members of the Commission ninety (90) days after their adoption in accordance with paragraph 3 of this article.
Article XXXVI
Withdrawal
1. Any Party may withdraw from this Convention at any time after twelve (12) months from the date on which this Convention has entered into force for that Party by notifying in writing its withdrawal to the depositary. The depositary shall notify the other Parties of the withdrawal within thirty (30) days of receipt of that notification. The withdrawal becomes effective six (6) months after the receipt of the notification by the depositary.
2. This Article applies, mutatis mutandis, to any fishing entity in respect of its commitment under Article XXVIII of this Convention.
Article XXXVII
Depositary
The original texts of this Convention shall be deposited with the Government of the United States of America, which shall send a certified copy thereof to the signatories and Parties to this Convention, and to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorized for this purpose by their respective Governments, have signed this Convention.
Done in Washington on 14 November 2003, in French, English and Spanish, the three texts being equally authentic.
Annex 1
DIRECTIVES AND CRITERIA FOR THE DEVELOPMENT OF NAVIS
1. Pursuant to paragraph 2 (k) of Article XII of this Convention, each Party shall maintain a record of vessels authorized to fly its flag and authorized to fish in the area of the Convention on the Fish Stocks referred to in this Convention and shall ensure that the following information concerning all such vessels is included in this file:
(a) Ship name, registration number, previous names (if known) and registration port;
(b) Photograph of the vessel on which its registration number appears;
(c) Name and address of the owner(s);
(d) Name and address of the operator(s) and/or, if any, of the director(s);
(e) Previous pavilion (if applicable and known);
(f) International radio signal designation (if applicable);
(g) Place and date of construction;
(h) Type of ship;
(i) Type of fishing methods;
(j) Length, width and keel hollow;
(k) Gross tonnage
(l) Power of the main engine or main engines;
(m) Nature of fishing authorization granted by the flag State;
(n) Type of freezer, freezer capacity and number and capacity of fish holds.
2. The Commission may decide to exempt vessels from the requirements referred to in paragraph 1 of this annex because of their length or other characteristic.
3. Each Party shall provide the Director, in accordance with the procedures established by the Commission, with the information referred to in paragraph 1 of this annex and shall notify the Director of any changes to that information as soon as possible.
4. In addition, each Party shall promptly notify the Director:
(a) Any addition to the file;
(b) Any deletion of the file due to:
(i) the voluntary abandonment or non-renewal of the fishing authorization by the owner or operator of the vessel;
(ii) the withdrawal of the fishing authorization granted to the vessel in accordance with Article XX, paragraph 2, of this Convention;
(iii) because the vessel is no longer authorized to defeat its flag;
(iv) the destruction, decommissioning or loss of the vessel; and
(v) for any other reason, specifying which reasons above apply.
5. This annex applies, mutatis mutandis, to fishing entities that are members of the Commission.
Annex 2
PRINCIPLES AND CRITIES RELATING TO THE PARTICIPATION OF OBSERVERS TO THE MEETINGS OF THE COMMISSION
1. The Director invites meetings of the Commission convened in accordance with Article VIII of this Convention to intergovernmental organizations whose work is relevant with respect to the application of this Convention, as well as States that are not Parties to the conservation and sustainable use of the fish stocks referred to in this Convention that so request.
2. Non-governmental organizations (NGOs) referred to in Article XVI, paragraph 2, of this Convention are authorized to participate as observers in all meetings of the Commission and its subsidiary bodies convened in accordance with Article VIII of this Convention, with the exception of meetings held in executive session or meetings of heads of delegation.
3. Any NGO wishing to participate as an observer at a meeting of the Commission must notify the Director at least fifty (50) days before the meeting. The Director shall notify the members of the Commission of the names of these NGOs, with the information referred to in paragraph 6 of this annex, at least forty-five (45) days before the beginning of the meeting.
4. If a meeting of the Commission is held with a notice of less than fifty (50) days, the Director shall have greater flexibility with respect to the time limits set out in paragraph 3 of this annex.
5. An NGO wishing to attend meetings of the Commission and its subsidiary bodies may also be authorized to do so on an annual basis, subject to the provisions of paragraph 7 of this annex.
6. Requests for participation referred to in paragraphs 3, 4 and 5 of this annex shall include the name of the NGO and the address of its offices, as well as a description of its mission and how its mission and activities are related to the work of the Commission. This information should be updated as appropriate.
7. An NGO wishing to participate as an observer is authorized to do so, unless at least one third of the members of the Commission submit a written objection to this participation.
8. The same documentation generally made available to members of the Commission is sent or otherwise provided to all observers admitted to a meeting of the Commission, with the exception of documents including confidential business data.
9. Any observer admitted to a meeting of the Commission may:
(a) To attend meetings, subject to paragraph 2 of this annex, but does not have the right to vote;
(b) Oral statements during the meetings at invitation of the Chairperson;
(c) Distribute documents at the meeting, with the approval of the Chair; and
(d) Other activities, if applicable, and with the approval of the President.
10. The Director may request observers from non-Parties and non-governmental organizations to pay reasonable fees and to cover expenses attributable to their participation.
11. All observers admitted to a meeting of the Commission must comply with all the rules and procedures applicable to other meeting participants.
12. Any NGOs that do not meet the requirements of paragraph 11 of this annex shall be excluded from any future participation in a meeting unless the Commission decides otherwise.
Annex 3
COMMITTEE ON THE EXPENDITURE OF THE IMPLEMENTATION OF MEASURES ADOPTED BY THE COMMISSION
The functions of the Committee for the Review of the Implementation of Measures adopted by the Commission established under Article X of this Convention are as follows:
(a) Review and monitor compliance with the conservation and management measures adopted by the Commission as well as the cooperative measures referred to in Article XVIII, paragraph 9, of this Convention;
(b) Analyze information by flag or, where such information is not appropriate in the case considered, by ship, as well as any other information necessary for the performance of its duties;
(c) Provide the Commission with information, technical advice and recommendations on the implementation and compliance of conservation and management measures;
(d) Recommend to the Commission ways and means to promote the compatibility of fisheries management measures of the members of the Commission;
(e) Recommend to the Commission ways and means to promote the effective implementation of article XVIII, paragraph 10, of this Convention;
(f) In consultation with the Scientific Advisory Committee, recommend to the Commission the priorities and objectives of the data collection and monitoring programme set out in article VII, paragraph 1 (i), of this Convention, and analyse and evaluate the results of this programme;
(g) Perform any other function entrusted to it by the Commission.
Annex 4
ADVISORY SCIENTIFIC COMMITTEE
The functions of the Scientific Advisory Committee established under Article XI of this Convention are as follows:
(a) Review the Commission's plans, proposals and research programs, and provide the Commission with the advice it considers appropriate;
(b) Review relevant assessments, analyses, research or work, as well as recommendations prepared by its scientific staff for the Commission prior to the Commission’s consideration of these recommendations, and provide, where appropriate, additional information, advice and comments on these issues to the Commission;
(c) Recommend to the Commission themes and specific issues to be considered by scientific staff in its future work;
(d) In consultation with the Committee for the Review of the Implementation of Measures adopted by the Commission, recommend to the Commission the priorities and objectives of the data collection and monitoring programme set out in paragraph 1 (i) of Article VII of this Convention, and analyse and evaluate the results of this programme;
(e) Assist the Commission and the Director in the search for funding sources to conduct research under this Convention;
(f) Develop and promote cooperation between the members of the Commission through their research institutions with a view to deepening the knowledge and understanding of the fish stocks covered by this Convention;
(g) Promote and facilitate, where appropriate, the cooperation of the Commission with other public or private, national or international organizations with similar objectives;
(h) Examine any matters submitted to it by the Commission;
(i) Perform any other function and mission required by the Commission or mandated by the Commission.
Done on 7 October 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
