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Art.5 |
Article 5 Review and evaluation |
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Art.5.1 |
1. At least two months prior to the Annual Meeting of the Parties under Article 6, the Administrator shall, in respect of each registered vessel, or, as appropriate, the fishing enterprise under which such registered vessel operates, request, through the home Party of the vessel concerned, the information specified in paragraph 2 of this Article and shall compile a report on the operations of each vessel with respect to the eligibility criteria for consideration at the Annual Meeting of the Parties. The home Party of the vessel shall take such measures as may be necessary to ensure that the information specified in paragraph 2 of this Article is provided to the Administrator in a timely manner. |
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Art.5.2 |
2. In compiling a report to the Parties pursuant to paragraph 1 of this Article the Administrator shall request the following information: |
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Art.5.2.a |
details of equity holdings; |
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Art.5.2.b |
number of nationals trained; |
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Art.5.2.c |
number and proportion of nationals employed and the total payroll to national employees; |
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Art.5.2.d |
details of onshore investments; details of local purchases made; and |
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Art.5.2.e |
any further information as may be necessary. |
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Art.5.3 |
3. The Annual Meeting of the Parties shall consider the report of the Administrator in respect of each vessel, including any information supplied through the home Party by the operator of the vessel or the fishing enterprise pursuant to paragraphs 1 and 2 of this Article and shall review the operations of all vessels entered on the Register of Eligible Fishing Vessels and assess the extent to which the vessel, or the fishing enterprise, as has satisfied the eligibility criteria and fulfilled the objectives of this Arrangement. |
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Art.5.4 |
4. The Annual Meeting of the parties may request the Administrator, the home Party of the vessel, or the operator, to provide such further information as may be necessary and may request an independent evaluation of the operations of the vessel or the fishing enterprise under which that vessel operates against the eligibility criteria. In such a case, the Administrator shall consult with the home Party of the vessel as to the appropriate method for conducting the independent evaluation and the home Party shall take all necessary steps to facilitate the evaluation, including by providing all relevant information to the Administrator. |
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Art.5.5 |
5. Where, following the review and evaluation under paragraph 3 of this Article, and taking into account the findings of any independent review under paragraph 4 of this Article, the Parties determine, at the Annual Meeting or at a Special Meeting of the Parties, that the vessel, or the fishing enterprise under which that vessel operates, has not met the eligibility criteria and has not fulfilled the objectives of this Arrangement, or where insufficient information has been made available to enable any evaluation to take place, the Parties shall direct the Administrator to delete the vessel from the Register of Eligible Fishing Vessels. |
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Art.8 |
Article 8 Meetings of the Parties |
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Art.8.1 |
1. The Parties agree to convene an Annual Meeting of the Parties. The Annual Meeting shall be convened immediately preceding or following the annual meeting of the Parties to the Nauru Agreement. The purposes of the Annual Meeting shall be: |
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Art.8.1.a |
to review the operations of all vessels entered on the Register of Eligible Fishing Vessels and assess the extent to which each vessel, or fishing enterprise, as appropriate, has satisfied the eligibility criteria and fulfilled the objectives of this Arrangement; |
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Art.8.1.b |
to review the eligibility criteria; |
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Art.8.1.c |
to adopt amendments to this Arrangement; |
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Art.8.1.d |
to review the level of fees for regional access licences to discuss cooperative enforcement measures; |
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Art.8.1.e |
to consider the effectiveness of the observer programme established pursuant to Article 17 and to adopt procedures for the implementation of the programme; |
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Art.8.1.f |
to consider and approve an administrative costs budget, which shall consist only of the direct costs of performing functions and providing services in accordance with this Arrangement; |
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Art.8.1.g |
to consider requests to accede to this Arrangement by member States of the Forum Fisheries Agency pursuant to Article 22(2); and |
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Art.8.1.h |
to perform any other functions to satisfy any requirement of this Arrangement or as are necessary to attain the objectives of this Arrangement. |
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Art.8.2 |
2. The Administrator shall, upon request by any Party, and with the approval of at least two other Parties, convene a Special Meeting of the Parties at the date and place determined by the Administrator in consultation with the Parties. |
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Art.8.3 |
3. Member countries of the South Pacific Forum Fisheries Agency, not Party to this Arrangement may attend, as observers, meetings of the Parties held pursuant to this Arrangement. |
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Art.8.4 |
4. The Parties shall adopt and amend, as necessary, rules of procedure for the Annual Meeting and Special Meetings of the Parties. Pending agreement on such rules of procedure, the rules of procedure applicable to meetings of the Forum Fisheries Committee shall apply. |
