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

Article XIV

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:

(a) One third of the total amount of the budget including any supplementary budget shall be contributed by the Contracting Parties in equal parts;

(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;

(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 111. 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.

Article XV

1. The Commission shall determine where its seat shall be situated.

2. The Commission shall have legal personality. It shall, in particular, have Capacity to Contract , and to acquire and dispose of movable and immovable property.

Article XVI

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.

Article XVII

1. This Convention shall be open for signature by the Government of any State represented at the Conference which adopted the Convention, or by the Government of any other State which is a Member of the United Nations or of any specialized agency of the United Nations.

2. Signature of this Convention shall be subject to ratification, acceptance or approval.

3. Once this Convention has entered into force, any State referred to in paragraph I of this Article which has not signed the Convention or any other State unanimously invited by the Commission to become a party to the Convention may adhere to it.

4. Instruments of ratification, acceptance, approval or adherence shall be deposited with the Director-General of the Food and Agriculture Organization of the United Nations, hereinafter referred to as the “Depositary.”

5. Ratification, acceptance, approval or adherence may not be made
subject to any reservation.

Article XVIII

1. This Convention shall enter into force on the thirtieth day following the date of deposit of at least four instruments of ratification, acceptance or approval, provided that the weight of the aggregate nominal catch in the Convention Area of the countries having deposited such instruments amounts to at least seven hundred thousand metric tons on the basis of the statistics published by the Food and Agriculture Organization of the United Nations for the year one thousand nine hundred and sixty-eight.

2. After the entry into force of this Convention in accordance with paragraph I of this Article, the Convention shall enter into force for each State whose Government deposits an instrument of ratification, acceptance, approval or adherence on the thirtieth day following the date on which such instrument is received by the Depositary.

Article XIX

1. Any Contracting Party may propose amendments to this Convention
which shall be referred to the Commission for approval at a regular or special session. Proposals for the amendment of the Convention shall be communicated to the Depositary who shall inform the Contracting Parties thereof. Any amendment shall take effect for each Contracting Party accepting the amendment on the ninetieth day after its acceptance by three fourths of the Contracting Parties and thereafter for each remaining Contracting Party on the day on which the Depositary receives the notification of such acceptance.

2. Any State which becomes a Contracting Party after an amendment
to this Convention has been proposed for acceptance pursuant to the provisions of this Article shall be bound by the Convention as amended when the said amendment comes into force.

Article XX

At any time after ten years from the date of entry into force of this Convention, any Contracting Party may withdraw from the Convention by giving written notification of withdrawal. Withdrawal shall take effect on December thirty-first of the calendar year following the year in which notification of withdrawal was communicated to the Depositary.

Article XXI

1. The Depositary shall inform the Governments of the States referred to in paragraphs I and 3 of Article XVII:

(a) of the signature of this Convention and of the deposit of instruments of ratification, acceptance, approval or adherence in accordance with Article XVII;

(b) of the date on which the Convention will come into force in accordance with paragraph I of Article XVIII.

2. The Depositary shall inform all Contracting Parties:
I
(a) of proposals for the amendment of the Convention, notification of acceptance of such amendments and the entry into force of amendments, in accordance with Article XIX;

(b) of notification of withdrawal made in accordance with Article XX.

3. The original of this Convention shall be deposited with the Depositary who shall send certified copies thereof to the Governments of the States eligible to become parties to this Convention in accordance with Article XVII.

Author: international

Mentioned in these Entries

Capacity to Contract, Convention on the Conservation of the Living Resources of the South East Atlantic.