Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area

 

Article III
Meeting of the Parties

1. The Meeting of the Parties shall be the decision-making body of this
Agreement.

2. The Depositary shall convene, in consultation with the Secretariat of the
Convention, a session of the Meeting of the Parties to this Agreement not later
than one year after the date of its entry into force. Thereafter, the Agreement
secretariat shall convene, in consultation with the Secretariat of the
Convention, ordinary sessions of the Meeting of the Parties at intervals of not
more than three years, unless the Meeting of the Parties decides otherwise.

3. The Agreement secretariat shall convene an extraordinary session of the
Meeting of the Parties on the written request of at least two thirds of the
Parties.

4. The United Nations, its Specialized Agencies, the International Atomic Energy
Agency, any State not a Party to this Agreement, secretariats of other global
and regional conventions or agreements concerned inter alia with the
conservation of cetaceans, and regional or subregional fisheries management
organizations with competence for species found temporarily or permanently
resident in the Agreement area may be represented by observers in sessions of
the Meeting of the Parties. Any other agency or body technically qualified in
the conservation of cetaceans may be represented at sessions of the Meeting of
the Parties by observers, unless at least one third of the Parties present
object. Once admitted to a session of the Meeting of the Parties, an observer
shall continue to be entitled to participate in future sessions unless one third
of the Parties object at least thirty days before the start of the session.

5. Only Parties have the right to vote. Each Party shall have one vote. Regional
economic integration organizations which are Parties to this Agreement shall
exercise, in matters within their competence, their right to vote with a number
of votes equal to the number of their member States which are Parties to the
Agreement. A regional economic integration organization shall not exercise its
right to vote if its member States exercise theirs and vice versa.

6. All decisions of the Meeting of the Parties shall be adopted by consensus
except as otherwise provided in Article X of this Agreement. However, if
consensus cannot be achieved in respect of matters covered by the annexes to the
Agreement, a decision may be adopted by a two thirds majority of the Parties
present and voting. In the event of a vote, any Party may, within one hundred
and fifty days, notify the Depositary in writing of its intention not to apply
the said decision.

7. At its first session, the Meeting of the Parties shall:

a) adopt its rules of procedure;

b) establish an Agreement secretariat to perform the secretariat functions
listed in Article IV of this Agreement;

c) designate in each subregion, within an existing institution, a Co-ordination
unit to facilitate implementation of the measures prescribed in Annex 2 to this
Agreement;

d) elect a Bureau as provided for in Article VI;

e) establish a Scientific Committee, as provided for in Article VII; and

f) decide on the format and content of Party reports on the implementation of
the Agreement, as provided for in Article VIII.

8. At each of its ordinary sessions, the Meeting of the Parties shall:

a) review scientific assessments of the conservation status of cetaceans of the
Agreement area and the habitats which are important to their survival, as well
as the factors which may affect them unfavourably;

b) review the progress made and any difficulties encountered in the
implementation of this Agreement on the basis of the reports of the Parties and
of the Agreement secretariat;

c) make recommendations to the Parties as it deems necessary or appropriate and
adopt specific actions to improve the effectiveness of this Agreement;

d) examine and decide upon any proposals to amend, as may be necessary, this
Agreement;

e) adopt a budget for the next financial period and decide upon any matters
relating to the financial arrangements for this Agreement;

f) review the arrangements for the Agreement secretariat, the Co-ordination
units and the Scientific Committee;

g) adopt a report for communication to the Parties to this Agreement and to the
Conference of the Parties of the Convention;

h) agree on the provisional time and venue of the next meeting; and

i) deal with any other matter relating to implementation of this Agreement.

 

Article IV
Agreement Secretariat

1. Subject to the approval of the Conference of the Parties to the Convention,
an Agreement secretariat shall be established within the Secretariat of the
Convention. If the Secretariat of the Convention is unable, at any time, to
provide this function, the Meeting of the Parties shall make alternative
arrangements.

2. The functions of the Agreement secretariat shall be:

a) to arrange and service the sessions of the Meeting of the Parties;

b) to liaise with and facilitate co-operation between Parties and non-Party
Range States, and international and national bodies whose activities are
directly or indirectly relevant to the conservation of cetaceans in the
Agreement area;

c) to assist the Parties in the implementation of this Agreement, ensuring
coherence between the subregions and with measures adopted pursuant to other
international instruments in force;

d) to execute decisions addressed to it by the Meeting of the Parties;

e) to invite the attention of the Meeting of the Parties to any matter
pertaining to this Agreement;

f) to provide to each ordinary session of the Meeting of the Parties a report on
the work of the Agreement secretariat, the Co-ordination units, the Bureau,
and the Scientific Committee, and on the implementation of the Agreement based
on information provided by the Parties and other sources;

g) to administer the budget for this Agreement;

h) to provide information to the general public concerning this Agreement and
its objectives; and

i) to perform any other function entrusted to it under this Agreement or by the
Meeting of the Parties.

3. The Agreement secretariat, in consultation with the Scientific Committee and
the Co-ordination units, shall facilitate the preparation of guidelines covering
inter alia:

a) the reduction or elimination, as far as possible and for the purposes of this
Agreement, of adverse human-cetacean interactions;

b) habitat protection and natural resource management methods as they relate to
cetaceans;

c) emergency measures; and

d) rescue methods.

 

Article V
Co-ordination Units

1. The functions of the subregional Co-ordination units shall be:

a) to facilitate implementation in the respective subregions of the activities
provided for in Annex 2 to this Agreement, in accordance with instructions of
the Meeting of the Parties;

b) to collect and evaluate information that will further the objectives and
implementation of the Agreement and provide for appropriate dissemination of
such information; and

c) to service meetings of the Scientific Committee and to prepare a report for
communication to the Meeting of the Parties through the Agreement secretariat.

The designation of the Co-ordination units and their functions shall be
reviewed, as appropriate, at each session of the Meeting of the Parties.

2. Each Co-ordination unit, in consultation with the Scientific Committee and
the Agreement secretariat, shall facilitate the preparation of a series of
international reviews or publications, to be updated regularly, including:

a) reports on the status and trends of populations, as well as gaps in
scientific knowledge;

b) a subregional directory of important areas for cetaceans; and c) a subregional directory of national authorities, research and rescue centres,
scientists and non-governmental organizations concerned with cetaceans.

Article VI
Bureau

1. The Meeting of the Parties shall elect a Bureau consisting of the Chairperson
and Vice-Chairpersons of the Meeting of the Parties, and shall adopt rules of
procedure for the Bureau, as proposed by the Agreement secretariat. The
Chairperson of the Scientific Committee shall be invited to participate as an
observer in the meetings of the Bureau. Whenever necessary, the Agreement
secretariat shall provide secretariat services.

2. The Bureau shall:

a) provide general policy guidance and operational and financial direction to
the Agreement secretariat and the Co-ordination units concerning the
implementation and promotion of the Agreement;

b) carry out, between sessions of the Meeting of the Parties, such interim
activities on its behalf as may be necessary or assigned to it by the Meeting of
the Parties; and

c) represent the Parties vis-a-vis the Government(s) of the host
country (or countries) of the Agreement secretariat and the Meeting of the
Parties, the Depositary and other International Organizations on matters
relating to this Agreement and its secretariat.

3. At the request of its Chairperson, the Bureau shall normally meet once per
annum at the invitation of the Agreement secretariat, which shall inform all
Parties of the date, venue and agenda of such meetings.

4. The Bureau shall provide a report on its activities for each session of the
Meeting of the Parties which will be circulated to all Parties in advance of the
session by the Agreement secretariat.

 

Author: international