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1993: Agreement For The Establishment Of The Indian Ocean Tuna Commission

Related Lineage is:
Provisions coded as containing the code: FINAD
  Provision  First Coders Codes  Second Coders Codes 
Art.5  Article V. OBJECTIVES, FUNCTIONS AND RESPONSIBILITIES OF THE COMMISSION  HOBF FINAD  HOBF FINAD HOBS 
Art.5.1  1. The Commission shall promote cooperation among its Members with a view to ensuring, through appropriate management, the conservation and optimum utilization of stocks covered by this Agreement and encouraging sustainable development of fisheries based on such stocks.     
Art.5.2  2. In order to achieve these objectives, the Commission shall have the following functions and responsibilities, in accordance with the principles expressed in the relevant provisions of the United Nations Convention on the Law of the Sea:  RELA  RELA 
Art.5.2.a  (a) to keep under review the conditions and trends of the stocks and to gather, analyse and disseminate scientific information, catch and effort statistics and other data relevant to the conservation and management of the stocks and to fisheries based on the stocks covered by this Agreement;  SCIR  SCIR INFO 
Art.5.2.b  (b) to encourage, recommend, and coordinate research and development activities in respect of the stocks and fisheries covered by this Agreement, and such other activities as the Commission may decide appropriate, including activities connected with transfer of technology, training and enhancement, having due regard to the need to ensure the equitable participation of Members of the Commission in the fisheries and the special interests and needs of Members in the region that are developing countries;  SCIR INFO  SCIR INFO 
Art.5.2.c  (c) to adopt, in accordance with Article IX and on the basis of scientific evidence, conservation and management measures, to ensure the conservation of the stocks covered by this Agreement and to promote the objective of their optimum utilization throughout the Area;  SCIR  SCIR INFO 
Art.5.2.d  (d) to keep under review the economic and social aspects of the fisheries based on the stocks covered by this Agreement bearing in mind, in particular, the interests of developing coastal states;    SCIR 
Art.5.2.e  (e) to consider and approve its programme and autonomous budget, as well as the accounts for the past budgetary period;     
Art.5.2.f  (f) to transmit to the Director-General of FAO (hereinafter referred to as the “Director-General”) reports on its activities, programme, accounts and autonomous budget and on such other matters as may be appropriate for action by the Council or the Conference of FAO;  RELA  RELA INFO 
Art.5.2.g  (g) to adopt its own Rules of Procedure, Financial Regulations and other internal administrative regulations as may be necessary to carry out its functions; and     
Art.5.2.h  (h) to carry out such other activities as may be necessary to fulfil its objectives as set out above.     
Art.5.3  3. The Commission may adopt decisions and recommendations, as required, with a view to furthering the objectives of this Agreement.     
Art.6  Article VI. SESSIONS OF THE COMMISSION  HOBS FINAD  HOBS HOBF FINAD SBS 
Art.6.1  1. Each Member of the Commission shall be represented at sessions of the Commission by a single delegate who may be accompanied by an alternate and by experts and advisers. Alternates, experts and advisers may take part in the proceedings of the Commission but may not vote, except in the case of an alternate who is duly authorized to substitute for the delegate.     
Art.6.2  2. Each Member of the Commission shall have one vote. Unless otherwise provided in this Agreement, decisions and recommendations of the Commission shall be taken by a majority of the votes cast. A majority of the Members of the Commission shall constitute a quorum.     
Art.6.3  3. The Commission may adopt and amend, as required, its own Rules of Procedure by a two-thirds majority of its Members, which Rules shall not be inconsistent with this Agreement or with the Constitution of FAO.  RELA  RELA 
Art.6.4  4. The Chairperson of the Commission shall convene an annual regular session of the Commission.     
Art.6.5  5. Special sessions of the Commission may be convened by the Chairperson of the Commission at the request of at least one-third of its Members.     
Art.6.6  6. The Commission shall elect its Chairperson and no more than (two) Vice-Chairpersons, each of whom shall serve for a term of two years and shall be eligible for re-election but shall not serve for more than four years in succession. In electing the Chairperson and the Vice-Chairpersons the Commission shall pay due regard to the need for an equitable representation from among the Indian Ocean States.     
Art.6.7  7. The Commission may adopt and amend, as required, the Financial Regulations of the Commission by a two-thirds majority of its Members, which Financial Regulations shall be consistent with the principles embodied in the Financial Regulations of FAO. The Financial Regulations and amendments thereto shall be reported to the Finance Committee of FAO which shall have the power to disallow them if it finds that they are inconsistent with the principles embodied in the Financial Regulations of FAO.  RELA  RELA 
Art.6.8  8. In order to ensure close cooperation between the Commission and FAO, FAO shall have the right to participate without vote in all meetings of the Commission and subsidiary bodies established in accordance with paragraph 5 of Article XII.    RELA 
Art.8  Article VIII. ADMINISTRATION  SECS HOBF HOBS SECF FINAD  SECS SECF FINAD SUBS 
Art.8.1  1. The Secretary of the Commission (hereinafter referred to as the “Secretary”) shall be appointed by the Director-General with the approval of the Commission, or in the event of appointment between regular sessions of the Commission, with the approval of the Members of the Commission. The staff of the Commission shall be appointed by the Secretary and shall be under the Secretary's direct supervision. The Secretary and staff of the Commission shall be appointed under the same terms and conditions as staff members of FAO; they shall, for administrative purposes, be responsible to the Director-General.  RELA  RELA 
Art.8.2  2. The Secretary shall be responsible for implementing the policies and activities of the Commission and shall report thereon to the Commission. The Secretary shall also act as Secretary to other subsidiary bodies established by the Commission, as required.    INFO 
Art.8.3  3. The expenses of the Commission shall be paid out of its autonomous budget except those relating to such staff and facilities as can be made available by FAO. The expenses to be borne by FAO shall be determined and paid within the limits of the biennial budget prepared by the Director-General and approved by the Conference of FAO in accordance with the General Rules and the Financial Regulations of FAO.  RELA  RELA 
Art.8.4  4. Expenses incurred by delegates, their alternates, experts and advisers when attending, as government representatives, sessions of the Commission, its sub-commissions and its committees, as well as the expenses incurred by observers at sessions, shall be borne by the respective governments or organizations. The expenses of experts invited by the Commission to attend, in their individual capacity, meetings of the Commission or its sub-commissions or committees shall be borne by the budget of the Commission.     
Art.12  Article XII. SUBSIDIARY BODIES  HOBF SBS SBF FINAD  HOBF SBS SBF FINPR 
Art.12.1  1. The Commission shall establish a permanent Scientific Committee.     
Art.12.2  2. The Commission may establish sub-commissions to deal with one or more of the stocks covered by this Agreement.     
Art.12.3  3. Such sub-commissions shall be open to Members of the Commission which are coastal States lying on the migratory path of the stocks concerned in the sub-commission or are States whose vessels participate in the fisheries of these stocks.     
Art.12.4  4. A sub-commission shall provide a forum for consultation and cooperation on matters related to the management of the stocks concerned and in particular:     
Art.12.4.a  (a) to keep under review the stocks concerned and to gather scientific and other relevant information relating to the stocks concerned;  SCIR  SCIR 
Art.12.4.b  (b) to assess and analyse the conditions and trends of the stocks concerned;  SCIR  SCIR 
Art.12.4.c  (c) to coordinate research and studies of the stocks concerned;  SCIR  SCIR 
Art.12.4.d  (d) to report to the Commission on its findings;  INFO  INFO 
Art.12.4.e  (e) to propose such recommendations for action by the Members of the Commission as may be appropriate, including action to obtain necessary information relating to the stocks and proposals for conservation and management measures;    SCIR 
Art.12.4.f  (f) to consider any matter referred to it by the Commission.     
Art.12.5  5. The Commission may, subject to the provisions of this Article, establish such committees, working parties or other subsidiary bodies as may be necessary for the purposes of this Agreement.     
Art.12.6  6. The establishment by the Commission of any sub-commission which requires funding by the Commission, and of any committee, working party or other subsidiary body shall be subject to the availability of the necessary funds in the approved autonomous budget of the Commission or of FAO as the case may be. When the related expenses are to be borne by FAO, the determination of such availability shall be made by the Director-General. Before taking any decision involving expenditure in connection with the establishment of subsidiary bodies, the Commission shall have before it a report from the Secretary or the Director-General, as appropriate, on the administrative and financial implications.  RELA  RELA 
Art.12.7  7. Subsidiary bodies shall provide to the Commission such information regarding their activities as the Commission may require.  INFO  INFO 
Art.13  Article XIII. FINANCES  FINAD HOBF  FINAD HOBF 
Art.13.1  1. Each Member of the Commission undertakes to contribute annually its share of the autonomous budget in accordance with a scale of contributions to be adopted by the Commission.     
Art.13.2  2. At each regular session, the Commission shall adopt its autonomous budget by consensus of its Members provided, however, that if, after every effort has been made, a consensus cannot be reached in the course of that session, the matter will be put to a vote and the budget shall be adopted by a two-thirds majority of its Members.     
Art.13.3.a  3. (a) The amount of the contribution of each Member of the Commission shall be determined in accordance with a scheme which the Commission shall adopt and amend by consensus.     
Art.13.3.b  (b) In adopting the scheme, due consideration shall be given to each Member being assessed an equal basic fee and a variable fee based, inter alia, on the total catch and landings of species covered by this Agreement in the Area, and the per capita income of each Member.     
Art.13.3.c  (c) The scheme adopted or amended by the Commission shall be set out in the Financial Regulations of the Commission.     
Art.13.4  4. Any non-Member of FAO that becomes a Member of the Commission shall be required to make such contribution towards the expenses incurred by FAO with respect to the activities of the Commission as the Commission may determine.  RELA  RELA 
Art.13.5  5. Contributions shall be payable in freely convertible currencies unless otherwise determined by the Commission with the concurrence of the Director-General.  RELA   
Art.13.6  6. The Commission may also accept donations and other forms of assistance from organizations, individuals and other sources for purposes connected with the fulfilment of any of its functions.     
Art.13.7  7. Contributions and donations and other forms of assistance received shall be placed in a Trust Fund administered by the Director-General in conformity with the Financial Regulations of FAO.  RELA  RELA 
Art.13.8  8. A Member of the Commission which is in arrears in the payment of its financial contributions to the Commission shall have no vote in the Commission if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding calendar years. The Commission may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay was due to conditions beyond the control of the Member.     
Please cite as:
Data from Ronald B. Mitchell. 2002-2018. International Environmental Agreements Database Project (Version 2014.3).
Available at: http://iea-archive.uoregon.edu/
Date accessed: 20 October 2018