Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries

Article 8

1. The Commission may by a qualified majority make recommendations
concerning measures of control relating to fisheries conducted beyond
areas under the fisheries jurisdiction of Contracting Parties for the
purpose of ensuring the application of this Convention and any
recommendations adopted thereunder.

2. The Commission may also make recommendations concerning measures of
control relating to fisheries conducted within an area under the
fisheries jurisdiction of a Contracting Party, provided that the
Contracting Party in question so requests and the recommendation receives
its affirmative vote

3. Recommendations adopted under this Article may include provisions for
termination different from those provided for in Article 13.

Article 9

1. The Commission may by a qualified majority make recommendations
providing for the collection of statistical information relating to
fisheries conducted beyond areas under the fisheries jurisdiction of
Contracting Parties.

2. The Commission may also make recommendations providing for the
collection of statistical information relating to fisheries conducted
within an area under the fisheries jurisdiction of a Contracting Party,
provided that the recommendation receives the affirmative vote of that
Contracting Party.

Article 10

When adopting recommendations the Commission shall determine whether, and
under which conditions, those recommendations shall apply to fishing
operations conducted solely for the purpose of scientific investigation
carried out according to relevant principles and rules of international
law.

Article 11

1. The Commission shall, without undue delay, notify the Contracting
Parties of the recommendations adopted by the Commission under this
Convention.

2. The Commission may publish or otherwise disseminate reports of its
activities and other information relating to the fisheries in the
Convention area.

Article 12

1. A recommendation shall become binding on the Contracting Parties
subject to the provisions of this Article and shall enter into force on a
date determined by the Commission, which shall not be before 30 days
after the expiration of the period or periods of objection provided for
in this Article.

2. (a) Any Contracting Party may, within 50 days of the date of
notification of a recommendation adopted under paragraph 1 of Article 5,
under paragraph 1 of Article 8 or under paragraph 1 of Article 9, object
thereto. In the event of such an objection, any other Contracting Party
may similarly object within 40 days after receiving notification of that
objection. If any objection is made within this further period of 40
days, other Contracting Parties are allowed a final period of 40 days
after receiving notification of that objection in which to lodge
objections.

(b) A recommendation shall not become binding on a Contracting Party
which has objected thereto.

(c) If three or more Contracting Parties have objected to a
recommendation it shall not become binding on any Contracting Party.

(d) Except when a recommendation is not binding on any Contracting
Party according to the provisions of subparagraph (c), a Contracting
Party which has objected to a recommendation may at any time withdraw
that objection and shall then be bound by the recommendation within 70
days, or as from the date determined by the Commission under paragraph 1,
whichever is the later.

(e) If a recommendation is not binding on any Contracting Party, two
or more Contracting Parties may nevertheless at any time agree among
themselves to give effect thereto, in which event they shall immediately
notify the Commission accordingly.

3. In the case of a recommendation adopted under paragraph 1 of Article
6, under paragraph 2 of Article 8, or under paragraph 2 of Article 9,
only the Contracting Party exercising fisheries jurisdiction in the area
in question may, within 60 days of the date of notification of the
recommendation, object thereto, in which case the recommendation shall
not become binding on any Contracting Party.

4. The Commission shall notify the Contracting Parties of any objection
and withdrawal immediately upon the receipt thereof, and of the entry
into force of any recommendation and of the entry into effect of any
agreement made pursuant to subparagraph (e) of paragraph 2.

Article 13

1. (a) After the expiration of one year from the date of entry into force
of a recommendation adopted under paragraph 1 of Article 5, paragraph 1
of Article 8 or paragraph 1 of Article 9, any Contracting Party may
notify the Commission of the termination of its acceptance of the
recommendation and, if that notification is not withdrawn, the
recommendation shall cease to be binding on that Contracting Party at the
end of one year from the date of notification.

(b) A recommendation which has ceased to be binding on a Contracting
Party shall cease to be binding on any other Contracting Party 30 days
after the date on which the latter notifies the Commission of the
termination of its acceptance of the recommendation.

2. In the case of recommendations adopted under paragraph 1 of Article 6,
paragraph 2 of Article 8 or paragraph 2 of Article 9, only the
Contracting Party exercising fisheries jurisdiction in the area in
question may notify the Commission of termination of its acceptance of
the recommendation, in which event it shall cease to be binding on any
Contracting Party at the end of 90 days from the date of the
notification.

3. The Commission shall notify the Contracting Parties of any
notification under this Article immediately upon the receipt thereof.

Article 14

1. In the interest of the optimal performance of the functions set out in
Articles 4, 5 and 6, the Commission shall seek information and advice
from the International Council for the Exploration of the Sea. Such
information and advice shall be sought on matters related to the
Commission’s activities and falling within the competence of the Council
including information and advice on the biology and population dynamics
of the fish species concerned, the state of the fish stocks, the effect
of fishing on those stocks, and measures for their conservation and
management.
2. In order to facilitate the tasks of the International Council for the
Exploration of the Sea in providing information and advice to the
Commission the Commission shall seek to establish in co-operation with
the Council, arrangements to ensure that research studies for this
purpose, including joint studies, are encouraged and conducted
efficiently and without undue delay.

3. The Commission may establish working arrangements with any other
international organization which has related objectives.

Article 15

1. Without prejudice to the rights of Contracting Parties in regard to
waters under their fisheries jurisdiction, the Contracting Parties shall
take such action, including the imposition of adequate sanctions for
infractions, as may be necessary to make effective the provisions of this
Convention and to implement any recommendation which becomes binding
under Article 12.

2. Each Contracting Party shall transmit to the Commission an annual
statement of the actions it has taken pursuant to paragraph 1.

Author: international

Mentioned in these Entries

Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries.