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Document 01986A0618(01)-20191204
International Convention for the Conservation of Atlantic Tunas
Consolidated text: International Convention for the Conservation of Atlantic Tunas
International Convention for the Conservation of Atlantic Tunas
01986A0618(01) — EN — 04.12.2019 — 001.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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INTERNATIONAL CONVENTION FOR THE CONSERVATION OF ATLANTIC TUNAS (OJ L 162 18.6.1986, p. 34) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 162 |
39 |
18.6.1986 |
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L 162 |
41 |
18.6.1986 |
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PROTOCOL to amend the International Convention for the Conservation of Atlantic Tunas |
L 313 |
3 |
4.12.2019 |
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INTERNATIONAL CONVENTION FOR THE CONSERVATION OF ATLANTIC TUNAS
PREAMBLE
The Governments whose duly authorized representatives have subscribed hereto, considering their mutual interest in the populations of tuna and tuna-like fishes and elasmobranchs that are oceanic, pelagic, and highly migratory found in the Atlantic Ocean, and desiring to co-operate in maintaining the populations of these fishes at levels that will permit their long term conservation and sustainable use for food and other purposes, resolve to conclude a Convention for the conservation of these resources, and to that end agree as follows:
Article I
The area to which this Convention shall apply, hereinafter referred to as the ‘Convention area’, shall be all waters of the Atlantic Ocean, including the adjacent seas.
Article II
Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States under international law. This Convention shall be interpreted and applied in a manner consistent with international law.
Article III
Article IV
The Commission and its Members, in conducting work under this Convention, shall act to:
apply the precautionary approach and an ecosystem approach to fisheries management in accordance with relevant internationally agreed standards and, as appropriate, recommended practices and procedures;
use the best scientific evidence available;
protect biodiversity in the marine environment;
ensure fairness and transparency in decision making processes, including with respect to the allocation of fishing possibilities, and other activities; and
give full recognition to the special requirements of developing Members of the Commission, including the need for their capacity building in accordance with international law, to implement their obligations under this Convention and to develop their fisheries.
Article V
In order to carry out the objectives of this Convention:
The Commission shall be responsible for the study of the populations of tuna and tuna-like fishes and elasmobranchs that are oceanic, pelagic, and highly migratory, hereinafter referred to as ‘ICCAT species’, and such other species caught while fishing for ICCAT species in the Convention area, taking into account the work of other relevant international fishery-related organizations or arrangements. Such study shall include research on the above-mentioned species, the oceanography of their environment, and the effects of natural and human factors upon their abundance. The Commission may also study species belonging to the same ecosystem or dependent on or associated with ICCAT species.
The Commission, in carrying out these responsibilities shall, insofar as feasible, utilise the technical and scientific services of, and information from, official agencies of the Members of the Commission and their political sub-divisions and may, when desirable, utilise the available services and information of any public or private institution, organization or individual, and may undertake within the limits of its budget and with the cooperation of concerned Members of the Commission, independent research to supplement the research work being done by governments, national institutions or other international organizations.
The Commission shall ensure that any information received from such institution, organization, or individual is consistent with established scientific standards regarding quality and objectivity.
The carrying out of the provisions in paragraph 1 of this Article shall include:
collecting and analysing statistical information relating to the current conditions and trends of ICCAT species in the Convention area;
studying and appraising information concerning measures and methods to ensure maintenance of the populations of ICCAT species in the Convention area at or above levels capable of producing maximum sustainable yield and which will ensure the effective exploitation of these species in a manner consistent with this yield;
recommending studies and investigations to the Members of the Commission; and
publishing and otherwise disseminating reports of its findings and statistical, biological and other scientific information relative to ICCAT species in the Convention area.
Article VI
Article VII
To carry out the objectives of this Convention the Commission may establish Panels on the basis of species, group of species, or of geographic areas. Each Panel in such case:
shall be responsible for keeping under review the species, group of species, or geographic area under its purview, and for collecting scientific and other information relating thereto;
may propose to the Commission, upon the basis of scientific investigations, recommendations for joint action by the Members of the Commission; and
may recommend to the Commission studies and investigations necessary for obtaining information relating to its species, group of species, or geographic area, as well as the co‐ordination of programmes of investigation by the Members of the Commission.
Article VIII
The Commission shall appoint an Executive Secretary who shall serve at the pleasure of the Commission. The Executive Secretary, subject to such rules and procedures as may be determined by the Commission, shall have authority with respect to the selection and administration of the staff of the Commission. The Executive Secretary shall also perform, inter alia, the following functions as the Commission may prescribe:
coordinating the programmes of investigation carried out pursuant to Articles V and VII of this Convention;
preparing budget estimates for review by the Commission;
authorising the disbursement of funds in accordance with the Commission’s budget;
accounting for the funds of the Commission;
arranging for co-operation with the organizations referred to in Article XIII of this Convention;
preparing the collection and analysis of data necessary to accomplish the purposes of this Convention, particularly those data relating to the current and maximum sustainable yield of stocks of ICCAT species; and
preparing for approval by the Commission scientific, administrative and other reports of the Commission and its subsidiary bodies.
Article IX
The Commission may, on the basis of scientific evidence, make recommendations designed to:
ensure in the Convention area the long-term conservation and sustainable use of ICCAT species by maintaining or restoring the abundance of the stocks of those species at or above levels capable of producing maximum sustainable yield;
promote, where necessary, the conservation of other species that are dependent on or associated with ICCAT species, with a view to maintaining or restoring populations of such species above levels at which their reproduction may become seriously threatened.
These recommendations shall become effective for the Members of the Commission under the conditions laid down in paragraphs 2 and 3 of this Article.
The recommendations referred to above shall be made:
at the initiative of the Commission if an appropriate Panel has not been established;
at the initiative of the Commission with the approval of at least two-thirds of all the Members of the Commission if an appropriate Panel has been established but a proposal has not been approved by the Panel;
on a proposal that has been approved by an appropriate Panel; or
on a proposal that has been approved by the appropriate Panels if the recommendation in question relates to more than one geographic area, species or group of species.
If any Member of the Commission in the case of a recommendation made under paragraph 1(b)(i) or (ii) above, or any Member of the Commission which is also a member of a Panel concerned in the case of a recommendation made under paragraph 1(b)(iii) or (iv) above, presents to the Commission an objection to such recommendation within the period established pursuant to paragraph 2 above, the recommendation shall not become effective for those Members of the Commission who raised the objection.
If objections have been presented by a majority of the Members of the Commission within the period established pursuant to paragraph 2 above, the recommendation shall not become effective for any Member of the Commission.
A Member of the Commission presenting an objection in accordance with sub-paragraph (a) above shall provide to the Commission in writing, at the time of presenting its objection, the reason for its objection, which shall be based on one or more of the following grounds:
the recommendation is inconsistent with this Convention or other relevant rules of international law;
the recommendation unjustifiably discriminates in form or in fact against the objecting Member of the Commission;
the Member of the Commission cannot practicably comply with the measure because it has adopted a different approach to conservation and sustainable management or because it does not have the technical capabilities to implement the recommendation; or
security constraints as a result of which the objecting Member of the Commission is not in a position to implement or comply with the measure.
Each Member of the Commission that presents an objection pursuant to this Article shall also provide to the Commission, to the extent practicable, a description of any alternative conservation and management measures, which shall be at least equally effective as the measure to which it is objecting.
Article X
Article XI
The Members of the Commission agree:
to furnish, on the request of the Commission, any available statistical, biological and other scientific information the Commission may need for the purposes of this Convention;
when their official agencies are unable to obtain and furnish the said information, to allow the Commission, through the Members of the Commission, to obtain it on a voluntary basis direct from companies and individual fishermen.
Article XII
Each Member of the Commission shall contribute annually to the budget of the Commission an amount calculated in accordance with a scheme provided for in the Financial Regulations, as adopted by the Commission. The Commission, in adopting this scheme, should consider inter alia each Member of the Commission’s fixed basic fees for Commission and Panel membership, the total round weight of catch and net weight of canned products of Atlantic tuna and tuna-like fishes and the degree of economic development of the Members of the Commission.
The scheme of annual contributions in the Financial Regulations shall be established or modified only through the agreement of all the Members of the Commission present and voting. The Members of the Commission shall be informed of this ninety days in advance.
Article XIII
Article XIV
Article XV
At the initiative of any Contracting Party or of the Commission itself, the Commission may propose amendments to this Convention. Any such proposal shall be made by consensus.
The Director-General of the Food and Agriculture Organization of the United Nations shall transmit a certified copy of the text of any proposed amendment to all the Contracting Parties.
Any amendment not involving new obligations shall enter into force for all Contracting Parties on the thirtieth day after its acceptance by three-fourths of the Contracting Parties.
Any amendment involving new obligations shall enter into force 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 upon acceptance by it. Any amendment considered by one or more Contracting Parties to involve new obligations shall be deemed to involve new obligations and shall take effect accordingly.
A Government which becomes a Contracting Party after an amendment to this Convention has been opened for acceptance pursuant to the provisions of this Article shall be bound by this Convention as amended when the said amendment comes into force.
Article XVI
The Annexes form an integral part of this Convention and a reference to this Convention includes a reference to the Annexes.
Article XVII
Article XVIII
The Director-General of the Food and Agriculture Organization of the United Nations shall inform all Governments referred to in Article XVII paragraph 1 and all the organizations referred to in paragraph 4 of the same Article of deposits of instruments of ratification, approval, formal confirmation or adherence, the entry into force of this Convention, proposals for amendment, notifications of acceptance of amendments, entry into force of amendments, and notifications of withdrawal.
Article XIX
The original of this Convention shall be deposited with the Director-General of the Food and Agriculture Organization of the United Nations who shall send certified copies of it to the Governments referred to in Article XVII paragraph 1 and to the organizations referred to in paragraph 4 of the same Article.
In witness whereof the representatives duly authorized by their respective governments have signed the present Convention. Done at Rio de Janeiro this 14th day of May 1966 in a single copy in the English, French and Spanish languages, each version being equally authoritative.
ANNEX 1
PROCEDURES FOR DISPUTE RESOLUTION
1. The arbitral tribunal referred to in Article X paragraph 4 should be composed, as appropriate, of three arbitrators who may be appointed as follows:
One of the parties to the dispute should communicate the name of an arbitrator to the other party to the dispute that should, in turn, within a period of forty days following that notification, communicate the name of the second arbitrator. In disputes between more than two Members of the Commission, parties that have the same interest should jointly appoint one arbitrator. The parties to the dispute should, within a period of sixty days following the appointment of the second arbitrator, appoint the third arbitrator, who is not a national of either Member of the Commission and is not of the same nationality as either of the first two arbitrators. The third arbitrator should preside over the tribunal;
If the second arbitrator is not appointed within the prescribed period, or if the parties are not able to concur within the prescribed period on the appointment of the third arbitrator, that arbitrator may be appointed, at the request of the parties to the dispute, by the Chair of the Commission within two months from the date of receipt of the request.
2. The decision of the arbitral tribunal should be made by a majority of its members, which should not abstain from voting.
3. The decision of the arbitral tribunal is final and binding on the parties to the dispute. The parties to the dispute should comply with the decision without delay. The arbitral tribunal may interpret the decision at the request of one of the parties to the dispute.
ANNEX 2
FISHING ENTITIES
1. After the entry into force of the amendments to this Convention adopted on 18 November 2019, only the fishing entity that had attained by 10 July 2013 Cooperating Status in accordance with the procedures established by the Commission, as reflected in Resolution [Res. 19-13] adopted concurrent with this Annex, may, by a written instrument delivered to the Executive Secretary of the Commission, express its firm commitment to abide by the terms of this Convention and comply with recommendations adopted pursuant to it. Such commitment shall become effective thirty days from the date of receipt of the instrument. Such fishing entity may withdraw such commitment by a written notification addressed to the Executive Secretary of the Commission. The withdrawal shall become effective one year after the date of its receipt, unless the notification specifies a later date.
2. In case of any further amendment made to this Convention pursuant to Article XV, the fishing entity referred to in paragraph 1 may, by a written instrument delivered to the Executive Secretary of the Commission, express its firm commitment to abide by the terms of the amended Convention and comply with recommendations adopted pursuant to it. This commitment of a fishing entity shall be effective from the dates referred to in Article XV or on the date of receipt of the written communication referred to in this paragraph, whichever is later.
3. The Executive Secretary shall notify the Contracting Parties of its receipt of such commitments or notifications; make such notifications available to the Contracting Parties; provide notifications from the Contracting Parties to the fishing entity, including notifications of ratification, approval, or adherence and entry into force of this Convention and its amendments; and keep safe custody of any such documents transmitted between the fishing entity and the Executive Secretary.
4. The fishing entity referred to in paragraph 1 which has expressed, through the submission of the written instrument referred to in paragraphs 1 and 2, its firm commitment to abide by the terms of this Convention and comply with recommendations adopted pursuant to it may participate in the relevant work, including decision making, of the Commission, and shall, mutatis mutandis, enjoy the same rights and obligations as Members of the Commission as set forth in Articles III, V, VII, IX, XI, XII, and XIII of this Convention.
5. If a dispute involves the fishing entity referred to in paragraph 1 which has expressed its commitment to be bound by the terms of this Convention in accordance with this Annex and cannot be settled by amicable means, the dispute may, with the mutual agreement of the parties to the dispute, be submitted, as the case may be, to an ad hoc expert panel or, after seeking to agree on the scope of the dispute, for final and binding arbitration.
6. The provisions of this Annex relating to the participation of the fishing entity referred to in paragraph 1 are only for the purposes of this Convention.
7. Any Non-Contracting Party, Entity, or Fishing Entity that obtains Cooperating Status after 10 July 2013 shall not be considered a Fishing Entity for the purposes of this Annex and, thus, shall not enjoy the same rights and obligations as Members of the Commission as set forth in Articles III, V, VII, IX, XI, XII, and XIII of this Convention.
FINAL ACT
of the Conference of Plenipotentiaries of the States Parties to the International Convention for the Conservation of Atlantic Tunas
(Paris, 9 and 10 July 1984)
1. At the invitation of the Government of the Republic of France, a Conference of Plenipotentiaries of the States Parties to the International Convention for the Conservation of Atlantic Tunas was held in Paris on 9 and 10 July 1984.
2. The following States were present at the Conference: Angola, Benin, Brazil, Canada, Cuba, France, Ghana, Ivory Coast, Japan, Republic of Korea, Morocco, Portugal, Sao Tome and Principe, Senegal, South Africa, Spain, United States, Uruguay, USSR and Venezuela.
3. The European Economic Community, invited as an observer, and the Food and Agriculture Organization of the United Nations were present at the Conference and participated in the proceedings.
4. The Conference used as a basis for its discussion the final report of the Eighth Regular Meeting of the International Commission for the Conservation of Atlantic Tunas held in Madrid, 9 to 15 November 1983.
5. The Conference agreed upon the attached Protocol relating to the modification of Articles XIV, XV and XVI of the International Convention for the Conservation of Atlantic Tunas.
6. The Conference also agreed that the provisions of Article XIV, paragraph 4, contained in the abovementioned Protocol, will, upon their entry into force, be applicable to the European Economic Community with the understanding that the European Economic Community will have the rights and obligations of a single Contracting Party, especially as concerns voting and contributions to the budget of the International Commission for the Conservation of Atlantic Tunas.
7. The Conference took note of the explanations offered by the Japanese representative regarding the problems of a procedural nature which were not resolved during the course of the meeting. The representative, however, in a spirit of compromise, did not oppose the consensus reached in the Conference in order to ensure the early admission of the European Economic Community to the International Convention for the Conservation of Atlantic Tunas.
8. The Conference requested the Governments of the Contracting Parties to the International Convention for the Conservation of Atlantic Tunas to proceed to implement the internal procedures necessary for the approval, ratification or acceptance of the Protocol, so as to ensure its entry into force as soon as possible.
Done at Paris, 10 July 1984.
SIGNING PARTIES TO THE FINAL ACT OF THE CONFERENCE OF PLENIPOTENTIARIES OF THE STATES PARTIES TO THE INTERNATIONAL CONVENTION FOR THE CONSERVATION OF ATLANTIC TUNAS
SIGNATAIRES DE L'ACTE FINAL DE LA CONFERENCE DES PLÉNIPOTENTIAIRES DES ÉTATS PARTIES A LA CONVENTION INTERNATIONALE POUR LA CONSERVATION DES THONIDÉS DE L'ATLANTIQUE
SIGNATARIOS DEL ACTA FINAL DE LA CONFERENCIA DE PLENIPOTENCIARIOS DE LOS ESTADOS PARTES EN EL CONVENIO INTERNACIONAL PARA LA CONSERVACIÓN DEL ATÚN DEL ATLÁNTICO
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ANGOLA |
S. Makiadi |
REPUBLIC OF KOREA |
J.S. Choo |
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BÉNIN |
L. Nagnonhou |
MAROC |
A. El Jaï |
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BRASIL |
A. Amado |
PORTUGAL |
J.G. Boavida |
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CANADA |
M. Hunter |
SÃO TOMÉ e PRÍNCIPE |
G. Posser da Costa |
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CÔTE D'IVOIRE |
K. Douabi |
SÉNÉGAL |
B.C. Dioh |
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CUBA |
A. Alonso |
SOUTH AFRICA |
H. A. Hanekom |
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ESPAÑA |
L. Casanova |
URUGUAY |
U.W. Perez |
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FRANCE |
D. Renouard |
USA |
C.J. Blondin |
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GHANA |
J. Q. Cleland |
URSS |
Y. Vialov |
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JAPON |
S. Akiyama |
VENEZUELA |
F. Alvino |