Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries

 

Article XII

1. If any Commission member presents to the Executive Secretary an
objection to a proposal within sixty days of the date of transmittal
specified in the notification of the proposal by the Executive Secretary,
the proposal shall not become a binding measure until the expiration of
forty days following the date of transmittal specified in the
notification of that object to the Contracting Parties. Thereupon any
other Commission member may similarly object prior to the expiration of
the additional forty-day period, or within thirty days after the date of
transmittal specified in the notification to the Contracting Parties of
any objection presented within that additional forty-day period,
whichever shall be the later. The proposal shall then become a measure
binding on all Contracting Parties, except those which have presented
objections, at the end of the extended period or periods for objecting.
If, however, at the end of such extended period or periods, objections
have been presented and maintained by a majority of Commission members,
the proposal shall not become a binding measure, unless any or all of the
Commission members nevertheless agree as among themselves to be bound by
it on an agreed date.

2. Any Commission member which has objected to a proposal may at any time
withdraw that objection and the proposal immediately shall become a
measure binding on such a member, subject to the objection procedure
provided for in this Article.

3. At any time after the expiration of one year from the date on which a
measure enters into force, any Commission member may give to the
Executive Secretary notice of its intention not to be bound by the
measure, and, if that notice is not withdrawn, the measure shall cease to
be binding on that member at the end of one year from the date of receipt
of the notice by the Executive Secretary. At any time after a measure has
ceased to be binding on a Commission member under this paragraph, the
measure shall cease to be binding on any other Commission member upon the
date a notice of its intention not to be bound is received by the
Executive Secretary.

4. The Executive Secretary shall immediately notify each Contracting
Party of:

(a) the receipt of each objection and withdrawal of objection under
paragraphs 1 and 2;

(b) the date on which any proposal becomes a binding measure under
the provisions of paragraph 1; and

(c) the receipt of each notice under paragraph 3.

Article XIII

1. The membership of the Commission shall be reviewed and determined by
the General Council at its annual meeting and shall consist of:

(a) each Contracting Party which participates in the fisheries of the
Regulatory Area; and

(b) any Contracting Party which has provided evidence satisfactory to
the General Council that it expects to participate in the fisheries of
the Regulatory Area during the year of that annual meeting or during the
following calendar year.

2. Each Commission member shall appoint to the Commission not more than
three representatives who may be accompanied at any of its meetings by
alternates, experts and advisers.

3. Any Contracting Party that is not a Commission member may attend
meetings of the Commission as an observer.

4. The Commission shall elect a Chairman and a Vice-Chairman, each of
whom shall serve for a term of two years and shall be eligible for
re-election but shall not serve for more than four years in succession.
The Chairman and Vice-Chairman shall be representatives of different
Commission members.

5. Any meeting of the Commission, other than the annual meeting convened
pursuant to Article IV, may be called by the Chairman at such time and
place as the Chairman may determine, upon the request of any Commission
member.

6. The Commission may establish such Committees and Subcommittees as it
considers desirable for the exercise of its duties and functions.

Article XIV

1. Each Commission member shall have one vote in proceedings of the
Commission.

2. Decisions of the Commission shall be taken by a majority of the votes
of all Commission members present and casting affirmative or negative
votes, provided that no vote shall be taken unless there is a quorum of
at least two-thirds of the Commission members.

3. The Commission shall adopt, and amend as occasion may require, rules
for the conduct of its meetings and for the exercise of its functions.

Article XV

1. The Secretariat shall provide services to the Organization in the
exercise of its duties and functions.

2. The chief administrative officer of the Secretariat shall be the
Executive Secretary, who shall be appointed by the General Council
according to such procedures and on such terms as it may determine.

3. The staff of the Secretariat shall be appointed by the Executive
Secretary in accordance with such rules and procedures as may be
determined by the General Council.

4. The Executive Secretary shall, subject to the general supervision of
the General Council, have full power and authority over staff of the
Secretariat and shall perform such other functions as the General Council
shall prescribe.

Article XVI

1. Each Contracting Party shall pay the expenses of its own delegation to
all meetings held pursuant to this Convention.

2. The General Council shall adopt an annual budget for the Organization.

3. The General Council shall establish the contributions due from each
Contracting Party under the annual budget on the following basis:

(a) 10% of the budget shall be divided among the coastal States in
proportion to their nominal catches in the Convention Area in the year
ending two years before the beginning of the budget year;

(b) 30% of the budget shall be divided equally among all the
Contracting Parties; and

(c) 60% of the budget shall be divided among all Contracting Parties
in proportion to their nominal catches in the Convention Area in the year
ending two years before the beginning of the budget year.

The nominal catches referred to above shall be the reported catches of
the species listed in Annex I, which forms an integral part of this
Convention.

4. The Executive Secretary shall notify each Contracting Party of the
contribution due from that Party as calculated under paragraph 3, and as
soon as possible thereafter each Contracting Party shall pay to the
Organization its contribution.

5. Contributions shall be payable in the currency of the country in which
the headquarters of the Organization is located, except if otherwise
authorized by the General Council.

6. Subject to paragraph 11, the General Council shall, at its first
meeting, approve a budget for the balance of the first financial year in
which the Organization functions and the Executive Secretary shall
transmit to the Contracting Parties copies of that budget together with
notices of their respective contributions.

7. For subsequent financial years, drafts of the annual budget shall be
submitted by the Executive Secretary to each Contracting Party together
with a schedule of contributions, not less than sixty days before the
annual meeting of the Organization at which the budgets are to be
considered.

8. A Contracting Party acceding to this Convention during the course of a
financial year shall contribute in respect of that year a part of the
contribution calculated in accordance with the provisions of this Article
that is proportional to the number of complete months remaining in the
year.

9. A Contracting Party which has not paid its contributions for two
consecutive years shall not enjoy any right of casting votes and
presenting objections under this Convention until it has fulfilled its
obligations, unless the General Council decides otherwise.

10. The financial affairs of the Organization shall be audited annually
by external auditors to be selected by the General Council.

11. If the Convention enters into force on 1 January 1979, the provisions
of Annex II, which forms an integral part of this Convention, shall apply
in place of the provisions of paragraph 6.

 

Author: international

Mentioned in these Entries

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