Paragraphs in "Convention On The Conservation Of The Living Resources Of The Southeast Atlantic" coded as SUBS

Displaying 1 - 49 of 49
Label Provision
Art.6 Article VI
Art.6.1 1. In order to achieve the objectives set out in this Convention, the Commission shall be responsible for the study of all fish and other living resources in the Convention Area. Such study shall include research on the abundance, life history, biometry and ecology of these resources; and the study of their environment. In undertaking the study of these matters, the Commission shall collect, analyse, publish and disseminate, by all appropriate means, statistical, biological and other scientific information on the said resources.
Art.6.2 2. The Commission, in carrying out its responsibilities shall, insofar as feasible, utilize the technical and scientific services of, and information from, official agencies of the Contracting Parties. The Commission may, when necessary, utilize other services and information, and may also undertake, within the limits of its supplementary budget, independent research to supplement the research being done by governments, national institutions or other international organizations.
Art.6.3 3. The Contracting Parties shall furnish, on the request of the Commission, any available statistical and other data and information the Commission may need for the purposes of the Convention.
Art.7 Article VII
Art.7.1 1. The Commission may establish a Regional Committee for each of the regions into which the Convention Area may be divided on an ecological basis and a Stock Committee with respect to any stock to be found in the Convention Area. The Commission may also establish a Scientific Advisory Council, hereinafter referred to as the " Council. " The Commission may establish such other subsidiary bodies as are necessary for the performance of its functions, determining their composition and terms of reference in each case.
Art.7.2 2. Regional Committees shall have the functions specified in this Article, except with respect to any stock for which a Stock Committee is competent.
Art.7.3 3. A Regional or Stock Committee may initiate, on the basis of the results of scientific investigations, proposals regarding measures that are applicable to the region or stock for which it has been established and shall consider any proposals that may be referred to it by the Commission.
Art.7.4 4. A Regional or Stock Committee may prepare draft recommendations for consideration by the Commission. The Commission may adopt such draft recommendations, with any amendments it may consider desirable, in accordance with Article VIII of this Convention.
Art.7.5 5. The Commission shall designate the Contracting Parties that may be represented on a Regional or Stock Committee. However, when a Regional or Stock Committee is established a Contracting Party shall automatically have the right to be represented thereon if it fishes in the region; or if it exploits the stock concerned; or if it has a coastline adjacent to the region concerned or the area where the stock is to be found. If a Contracting Party exploits a stock outside the region covered by a Regional or Stock Committee, it may be eligible to be represented thereon if the Commission so decides.
Art.7.6 6. The functions of the Council shall be to advise and assist the Commission and its Regional and Stock Committees with respect to the scientific aspects of their responsibilities.
Art.7.7 7. Each Contracting Party may send a delegation of scientists to the Council composed of as many experts as it whishes. The Council may establish subsidiary bodies and determine their composition.
Art.7.8 8. The Council may, with the concurrence of the Commission, invite other scientists or expert to participate in its deliberations in an advisory capacity.
Art.7.9 9. The Council shall hold regular sessions whose timing shall be determined by the Commission in relation to its regular sessions. The Council may hold special sessions subject to the approval of the Commission.
Art.8 Article VIII
Art.8.1 1. The Commission may make, on its own initiative or on the proposal of a Regional or Stock Committee and on the basis of the results of scientific investigations, recommendations relating to the objectives of this Convention. These recommendations shall become binding on the Contracting Parties under the conditions laid down in Article IX.
Art.8.2 2. The matters with respect to which the Commission may make recommendations shall be:
Art.8.2.a (a) the regulation of the sizes of mesh of fishing nets;
Art.8.2.b (b) the regulation of the size limits of fish that may be retained on board any fishing craft or landed, or exposed or offered for sale;
Art.8.2.c (c) the establishment of open and closed seasons;
Art.8.2.d (d) the establishment of open and closed areas;
Art.8.2.e (e) the regulation of fishing gear and appliances, other than regulation of the size of mesh of fishing nets;
Art.8.2.f (f) the improvement and the increase of living resources, which may include artificial propagation, the transplantation and acclimatization of organisms, the transplantation of young, and predator control;
Art.8.2.g (g) the regulation of the total catch by species, group of species or, if appropriate, by regions; and
Art.8.2.h (h) any other type of measure directly related to the conservation of all fish and other living resources in the Convention Area.
Art.8.3.a 3. (a) If the Commission makes a recommendation under paragraph 2 (g) of this Article, it may invite the Contracting Parties concerned, as determined by the Commission, to elaborate agreements on the allocation of a total catch quota taking into account the fishing interests of all the countries concerned and ensuring, as far as possible, that all the countries concerned abide by the Commission's recommendation for a total catch quota and by any agreed allocation.
Art.8.3.b (b) the terms of any such agreement shall be reported by the Contracting Parties concerned to the Commission as soon as possible. Without prejudice to the binding force of such agreements on the parties thereto, the Commission may thereupon make recommendations, pursuant to paragraph 1 of this Article, on the subject matter of the said agreements.
Art.8.4 4. The Commission shall notify all Contracting Parties of recommendations adopted by the Commission.
Art.9 Article IX
Art.9.1 1. Subject to the provisions of this Article, the Contracting Parties undertake to give effect to any recommendation adopted by the Commission in accordance with Article VIII.
Art.9.2 2. Any Contracting Party may, within ninety days of notification of a recommendation, present an objection to it to the Commission and in that event shall not be under an obligation to give effect to the recommendation.
Art.9.3 3. If an objection is presented within the ninety-day period referred to in the preceding paragraph any other Contracting Party may present an objection at any time within a further period of sixty days or within thirty days after notification of an objection presented by another Contracting Party made within the further sixty-day period.
Art.9.4 4. If objections to a recommendation are presented by at least three Contracting Parties, all the other Contracting Parties shall be relieved forthwith of any obligation to give effect to that recommendation; nevertheless, any or all of them may agree among themselves to give effect to it.
Art.9.5 5. Any Contracting Party which has presented an objection to a recommendation may at any time withdraw that objection and shall then, subject to the provisions of the preceding paragraph, give effect to the recommendation within ninety days.
Art.9.6 6. The Commission shall notify all Contracting Parties of each objection or withdrawal immediately upon receipt thereof.
Art.13 Article XIII
Art.13.1 1. At each regular session the Commission shall adopt a budget for the following fiscal period and budget estimates for the fiscal period following thereafter. The fiscal period shall be two years. However, should the Commission hold more than one regular session during a fiscal period, it may revise the current budget if required. Subject to the agreement of all Contracting Parties, the Commission may, at any session, adopt a supplementary budget.
Art.13.2 2. The contributions to the budget and any supplementary budget to be paid by each Contracting Party shall be payable in such currency or currencies and at such time as the Commission shall decide.
Art.13.3 3. The voting rights of any Contracting Party whose arrears of contributions equal or exceed its total contribution falling due in the preceding fiscal period shall be suspended unless the Commission decides otherwise.
Art.13.4 4. The Commission may also accept from any private or public sources other contributions for the furtherance of its objectives. Such contributions shall be used and administered in accordance with rules to be adopted by the Commission.
Art.13.5 5. The Commission shall arrange for an annual independent audit of its accounts to be made and submitted for review and approval by the Commission.
Art.13.6 6. The Commission shall establish a Working Capital Fund to finance operations of the Commission prior to receiving annual contributions, and for such other purposes as the Commission may determine. The Commission shall fix the level of the Fund, assess advances necessary for its establishment, and adopt regulations governing its use.
Art.14 Article XIV
Art.14.1x The Commission shall calculate the contributions to be made by the Contracting Parties to the budget including any supplementary budget according to the following formula:
Art.14.1x.a (a) One third of the total amount of the budget including any supplementary budget shall be contributed by the Contracting Parties in equal parts;
Art.14.1x.b (b) Each Contracting Party shall contribute in respect of each Regional or Stock Committee of which it is a member an amount equivalent to one third of its contribution under subparagraph (a) above. This proportion shall be reduced, if necessary, in order that the total amount contributed by the Contracting Parties under this subparagraph shall not exceed one third of the total budget including any supplementary budget;
Art.14.1x.c (c) Any remaining portion of the budget including any supplementary budget shall be contributed by each Contracting Party in the proportion that its nominal catch in the Convention Area bears to the aggregate nominal catch of all Contracting Parties in that Area. In computing this catch the Commission shall take into account all fishes, crustaceans, molluscs and other marine invertebrates, with the exception of such species as may be excluded from the application of this Convention in accordance with Article III. The catch shall be determined on the basis of the average for the last two calendar years for which statistics have been published by the Food and Agriculture Organization of the United Nations.
Art.16 Article XVI
Art.16.1x The provisions of this Convention shall not apply to fishing operations conducted solely for the purpose of scientific investigations, by vessels authorized by a Contracting Party for that purpose, or to fish taken in the course of such operations. However, fish so taken shall not be sold, or exposed or offered for sale in violation of a recommendation of the Commission.