Convention on the Conservation of the Living Resources of the South East Atlantic

Article IX

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.

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.

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.

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.

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.

6. The Commission shall notify all Contracting Parties of each objection or withdrawal immediately upon receipt thereof.

Article X

1. Without prejudice to the rights of States in the waters in which they are entitled under international law to exercise jurisdiction over fisheries, each Contracting Party shall take appropriate measures, in its territories and in these waters with respect to all persons and vessels, and beyond these waters with respect to its nationals and vessels, to ensure the implementation of the provisions of the present Convention and the recommendations of the Commission which have become binding on that Contracting Party, and to apply sanctions for the violation of such recommendations.

2. The Contracting Parties undertake to collaborate with each other
with a view to the adoption of effective measures to ensure the implementation of this Convention and the achievement of its objectives.

3. In addition, the Contracting Parties undertake to collaborate with each other with a view to setting up, upon a recommendation by the Commission, a system of international enforcement of such recommendations as the Commission may select for inclusion under the said system, except in the waters in which a State is entitled under international law to exercise jurisdiction over fisheries. The adoption and implementation of such a recommendation shall be governed by Articles VIII and IX of this Convention.

4. The Contracting Parties shall transmit to the Commission, biennially, or at such times as may be required by the Commission, a statement of the action that they have taken pursuant to this Article.

Article XI

1. The Commission shall seek to conclude agreements and maintain
working arrangements with other International Organizations which have
related objectives, and in particular the Food and Agriculture Organization of the United Nations, to ensure effective collaboration and coordination and to avoid duplication with respect to their work.

2. The Commission may invite any appropriate international organization and the Government of any State eligible to become a party to this Convention under Article XVII, but which is not a member of the Commission, to be represented in an observer capacity at sessions of the Commission or its subsidiary bodies.

Article XII

1. The Commission shall appoint an Executive Secretary on such con-
ditions as it may determine.

2. The staff of the Commission shall be appointed by the Executive
Secretary in accordance with such rules and on such conditions as may be
determined by the Commission.

3. The Executive Secretary shall perform such functions as the Commission may prescribe, including the following:

(a) receiving and transmitting the Commission’s official communications;

(b) preparing budget estimates for review by the Commission at its regular sessions;

(c) preparing for submission to the Commission at its regular sessions a report on the Commission’s activities and the programme of work, and arranging for the subsequent publication of this report and the proceedings of the Commission;

(d) arranging for the collection and analysis of statistics and other data necessary to accomplish the purposes of this Convention;

(e) preparing for submission to the Commission, and for possible subsequent publication, reports on statistical, biological and other matters;

(f) authorizing the disbursement of funds in accordance with the Commission’s budget;

(g) accounting for the funds of the Commission; and

(h) arranging for cooperation with International Organizations as provided for under Article XI of this Convention.

Article XIII

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.

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.

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.

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.

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.

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.

Author: international

Mentioned in these Entries

Convention on the Conservation of the Living Resources of the South East Atlantic, International Organizations.