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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text File


For related treaties please consult the following list: Summary of the "Convention on the Conservation of Antarctic Marine Living Resources" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.

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CONVENTION ON THE CONSERVATION OF ANTARCTIC MARINE 
LIVING RESOURCES

Canberra, 20 May 1980


The Contracting Parties,

Recognising the importance of safeguarding the environment 
and protecting the integrity of the ecosystem of the seas 
surrounding Antarctica;

Noting the concentration of marine living resources found in 
Antarctic waters and the increased interest in the 
possibilities offered by the utilization of these resources 
as a source of protein;

Conscious of the urgency of ensuring the conservation of 
Antarctic marine living resources;

Considering that it is essential to increase knowledge of 
the Antarctic marine ecosystem and its components so as to be 
able to base decisions on harvesting on sound scientific 
information;

Believing that the conservation of Antarctic marine living 
resources calls for international cooperation with due regard 
for the provisions of the Antarctic Treaty and with the 
active involvement of all States engaged in research or 
harvesting activities in Antarctic waters;

Recognising the prime responsibilities of the Antarctic 
Treaty Consultative Parties for the protection and 
preservation of the Antarctic environment and, in particular, 
their responsibilities under Article IX, paragraph 1(f) of 
the Antarctic Treaty in respect of the preservation and 
conservation of living resources in Antarctica;

Recalling the action already taken by the Antarctic Treaty 
Consultative Parties including in particular the Agreed 
Measures for the Conservation of Antarctic Fauna and Flora, 
as well as the provisions of the Convention for the 
Conservation of Antarctic Seals;

Bearing in mind the concern regarding the conservation of 
Antarctic marine living resources expressed by the 
Consultative Parties at the Ninth Consultative Meeting of the 
Antarctic Treaty and the importance of the provisions of 
Recommendation IX-2 which led to the establishment of the 
present Convention;

Believing that it is in the interest of all mankind to 
preserve the waters surrounding the Antarctic continent for 
peaceful purposes only and to prevent their becoming the 
scene or object of international discord;

Recognising, in the light of the foregoing, that it is 
desirable to establish suitable machinery for recommending, 
promoting, deciding upon and coordinating the measures and 
scientific studies needed to ensure the conservation of 
Antarctic marine living organisms;

Have agreed as follows:


Article I

1. This Convention applies to the Antarctic marine living 
resources of the area south of 60 deg south latitude and to 
the Antarctic marine living resources of the area between 
that latitude and the Antarctic Convergence which form part 
of the Antarctic marine ecosystem.

2. Antarctic marine living resources means the populations of 
fin fish, molluscs, crustaceans and all other species of 
living organisms, including birds, found south of the 
Antarctic Convergence.

3. The Antarctic marine ecosystem means the complex of 
relationships of Antarctic marine living resources with each 
other and with their physical environment.

4. The Antarctic Convergence shall be deemed to be a line 
joining the following points along parallels of latitude and 
meridians of longitude:

50 deg S, 0 deg; 50 deg S, 30 deg E; 45 deg S, 30 deg E; 45 
deg S, 80 deg E; 55 deg S, 80 deg E, 55 deg S, 150 deg E; 
60 deg S, 150 deg E; 60 deg S, 50 deg W; 50 deg S, 50 deg 
W; 50 deg S, 0 deg.


Article II

1. The objective of this Convention is the conservation of 
Antarctic marine living resources.

2. For the purposes of this Convention, the term 
"conservation" includes rational use.

3. Any harvesting and associated activities in the area to 
which this Convention applies shall be conducted in 
accordance with the provisions of this Convention and with 
the following principles of conservation:

(a) prevention of decrease in the size of any harvested 
population to levels below those which ensure its stable 
recruitment. For this purpose its size should not be allowed 
to fall below a level close to that which ensures the 
greatest net annual increment;

(b) maintenance of the ecological relationships between 
harvested, dependent and related populations of Antarctic 
marine living resources and the restoration of depleted 
populations to the levels defined in sub-paragraph (a) above; 
and

(c) prevention of changes or minimization of the risk of 
changes in the marine ecosystem which are not potentially 
reversible over two or three decades, taking into account the 
state of available knowledge of the direct and indirect 
impact of harvesting, the effect of the introduction of alien 
species, the effects of associated activities on the marine 
ecosystem and of the effects of environmental changes, with 
the aim of making possible the sustained conservation of 
Antarctic marine living resources.


Article III

The Contracting Parties, whether or not they are Parties to 
the Antarctic Treaty, agree that they will not engage in any 
activities in the Antarctic Treaty area contrary to the 
principles and purposes of that Treaty and that, in their 
relations with each other, they are bound by the obligations 
contained in Articles I and V of the Antarctic Treaty.


Article IV

1. With respect to the Antarctic Treaty area, all Contracting 
Parties, whether or not they are Parties to the Antarctic 
Treaty, are bound by Articles IV and VI of the Antarctic 
Treaty in their relations with each other.

2. Nothing in this Convention and no acts or activities 
taking place while the present Convention is in force shall:

(a) constitute a basis for asserting. supporting or denying a 
claim to territorial sovereignty in the Antarctic Treaty area 
or create any rights of sovereignty in the Antarctic Treaty 
area;

(b) be interpreted as a renunciation or diminution by any 
Contracting Party of, or as prejudicing, any right or claim 
on basis of claim to exercise coastal State jurisdiction 
under international law within the area to which this 
Convention applies;

(c) be interpreted as prejudicing the position of any 
Contracting Party as regards its recognition or non-
recognition of any such right, claim or basis of claim;

(d) affect the provision of Article IV, paragraph 2, of the 
Antarctic Treaty that no new claim, or enlargement of an 
existing claim, to territorial sovereignty in Antarctica 
shall be asserted while the Antarctic Treaty is in force.


Article V

1. The Contracting Parties which are not Parties to the 
Antarctic Treaty acknowledge the special obligations and 
responsibilities of the Antarctic Treaty Consultative Parties 
for the protection and preservation of the environment of the 
Antarctic Treaty area.

2. The Contracting Parties which are not Parties to the 
Antarctic Treaty agree that, in their activities in the 
Antarctic Treaty area, they will observe as and when 
appropriate the Agreed Measures for the Conservation of 
Antarctic Fauna and Flora and such other measures as have 
been recommended by the Antarctic Treaty Consultative Parties 
in fulfilment of their responsibility for the protection of 
the Antarctic environment from all forms of harmful human 
interference.

3. For the purposes of this Convention, "Antarctic Treaty 
Consultative Parties" means the Contracting Parties to the 
Antarctic Treaty whose Representatives participate in 
meetings under Article IX of the Antarctic Treaty.


Article VI

Nothing in this Convention shall derogate from the rights 
and obligations of Contracting Parties under the 
International Convention for the Regulation of Whaling and 
the Convention for the Conservation of Antarctic Seals.


Article VII

1. The Contracting Parties hereby establish and agree to 
maintain the Commission for the Conservation of Antarctic 
Marine Living Resources (hereinafter referred to as "the 
Commission").

2. Membership in the Commission shall be as follows:

(a) each Contracting Party which participated in the meeting 
at which this Convention was adopted shall be a Member of the 
Commission;

(b) each State Party which has acceded to this Convention 
pursuant to Article XXIX shall be entitled to be a Member of 
the Commission during such time as that acceding party is 
engaged in research or harvesting activities in relation to 
the marine living resources to which this Convention applies;

(c) each regional economic integration organization which has 
acceded to this Convention pursuant to Article XXIX shall be 
entitled to be a Member of the Commission during such time as 
its States members are so entitled;

(d) a Contracting Party seeking to participate in the work of 
the Commission pursuant to sub-paragraphs (b) and (c) above 
shall notify the Depositary of the basis upon which it seeks 
to become a Member of the Commission and of its willingness 
to accept conservation measures in force. The Depositary 
shall communicate to each Member of the Commission such 
notification and accompanying information. Within two months 
of receipt of such communication from the Depositary, any 
Member of the Commission may request that a special meeting 
of the Commission be held to consider the matter. Upon 
receipt of such request, the Depositary shall call such a 
meeting. If there is no request for a meeting, the 
Contracting Party submitting the notification shall be deemed 
to have satisfied the requirements for Commission Membership.

3. Each Member of the Commission shall be represented by one 
representative who may be accompanied by alternate 
representatives and advisers.


Article VIII

The Commission shall have legal personality and shall enjoy 
in the territory of each of the States Parties such legal 
capacity as may be necessary to perform its function and 
achieve the purposes of this Convention. The privileges and 
immunities to be enjoyed by the Commission and its staff in 
the territory of a State Party shall be determined by 
agreement between the Commission and the State Party 
concerned.


Article IX

1 . The function of the Commission shall be to give effect to 
the objective and principles set out in Article II of this 
Convention. To this end, it shall:

(a) facilitate research into and comprehensive studies of 
Antarctic marine living resources and of the Antarctic marine 
ecosystem;

(b) compile data on the status of and changes in population 
of Antarctic marine living resources and on factors affecting 
the distribution, abundance and productivity of harvested 
species and dependent or related species or populations;

(c) ensure the acquisition of catch and effort statistics on 
harvested populations;

(d) analyse, disseminate and publish the information referred 
to in sub-paragraphs (b) and (c) above and the reports of the 
Scientific Committee:

(e) identify conservation needs and analyse the effectiveness 
of conservation measures;

(f) formulate, adopt and revise conservation measures on the 
basis of the best scientific evidence available, subject to 
the provisions of paragraph 5 of this Article;

(g) implement the system of observation and inspection 
established under Article XXIV of this Convention;

(h) carry out such other activities as are necessary to 
fulfil the objective of this Convention.

2. The conservation measures referred to in paragraph 1(f) 
above include the following:

(a) the designation of the quantity of any species which may 
be harvested in the area to which this Convention applies;

(b) the designation of regions and sub-regions based on the 
distribution of populations of Antarctic marine living 
resources;

(c) the designation of the quantity which may be harvested 
from the populations of regions and sub-regions;

(d) the designation of protected species;

(e) the designation of the size, age and, as appropriate, sex 
of species which may be harvested;

(f) the designation of open and closed seasons for 
harvesting;

(g) the designation of the opening and closing of areas, 
regions or sub-regions for purposes of scientific study or 
conservation, including special areas for protection and 
scientific study;

(h) regulation of the effort employed and methods of 
harvesting, including fishing gear, with a view, inter alia, 
to avoiding undue concentration of harvesting in any region 
or sub-region;

(i) the taking of such other conservation measures as the 
Commission considers necessary for the fulfilment of the 
objective of this Convention, including measures concerning 
the effects of
harvesting and associated activities on components of the 
marine ecosystem other than the harvested populations.

3. The Commission shall publish and maintain a record of all 
conservation measures in force.

4. In exercising its functions under paragraph 1 above, the 
Commission shall take full account of the recommendations and 
advice of the Scientific Committee.

5. The Commission shall take full account of any relevant 
measures or regulations established or recommended by the 
Consultative Meetings pursuant to Article IX of the Antarctic 
Treaty or by existing fisheries commissions responsible for 
species which may enter the area to which this Convention 
applies, in order that there shall be no inconsistency 
between the rights and obligations of a Contracting Party 
under such regulations or measures and conservation measures 
which may be adopted by the Commission.

6. Conservation measures adopted by the Commission in 
accordance with this Convention shall be implemented by 
Members of the Commission in the following manner:

(a) the Commission shall notify conservation measures to all 
Members of the Commission;

(b) conservation measures shall become binding upon all 
Members of the Commission 180 days after such notification, 
except as provided in subparagraphs (c) and (d) below:

(c) if a Member of the Commission, within ninety days 
following the notification specified in subparagraph (a), 
notifies the Commission that it is unable to accept the 
conservation measure, in whole or in part, the measure shall 
not, to the extent stated, be binding upon that Member of the 
Commission;

(d) in the event that any Member of the Commission invokes 
the procedure set forth in subparagraph (c) above, the 
Commission shall meet at the request of any Member of the 
Commission to review the conservation measure. At the time of 
such meeting and within thirty days following the meeting, 
any Member of the Commission shall have the right to declare 
that it is no longer able to accept the conservation measure, 
in which case the Member shall no longer be bound by such 
measure.


Article X

1. The Commission shall draw the attention of any State which 
is not a Party to this Convention to any activity undertaken 
by its nationals or vessels which, in the opinion of the 
Commission, affects the implementation of the objective of 
this Convention.

2. The Commission shall draw the attention of all Contracting 
Parties to any activity which, in the opinion of the 
Commission, affects the implementation by a Contracting Party 
of the objective of this Convention or the compliance by that 
Contracting Party with its obligations under this Convention.


Article XI

The Commission shall seek to co-operate with Contracting 
Parties which may exercise jurisdiction in marine areas 
adjacent to the area to which this Convention applies in 
respect of the conservation of any stock or stocks of 
associated species which occur both within those areas and 
the area to which this Convention applies, with a view to 
harmonizing the conservation measures adopted in respect of 
such stocks.


Article XII

1. Decisions of the Commission on matters of substance shall 
be taken by consensus. The question of whether a matter is 
one of substance shall be treated as a matter of substance.

2. Decisions on matters other than those referred to in 
paragraph 1 above shall be taken by a simple majority of the 
Members of the Commission present and voting.

3. In Commission consideration of any item requiring a 
decision, it shall be made clear whether a regional economic 
integration organization will participate in the taking of 
the decision and, if so, whether any of its member States 
will also participate. The number of Contracting Parties so 
participating shall not exceed the number of member States of 
the regional economic integration organization which are 
Members of the Commission.

4. In the taking of decisions pursuant to this Article, a 
regional economic integration organization shall have only 
one vote.


Article XIII

1. The headquarters of the Commission shall be established at 
Hobart, Tasmania, Australia.

2. The Commission shall hold a regular annual meeting. Other 
meetings shall also be held at the request of one-third of 
its members and as otherwise provided in this Convention. The 
first meeting of the Commission shall be held within three 
months of the entry into force of this Convention, provided 
that among the Contracting Parties there are at least two 
States conducting harvesting activities within the area to 
which this Convention applies. The first meeting shall, in 
any event, be held within one year of the entry into force of 
this Convention. The Depositary shall consult with the 
signatory States regarding the first Commission meeting, 
taking into account that a broad representation of such 
States is necessary for the effective operation of the 
Commission.

3. The Depositary shall convene the first meeting of the 
Commission at the headquarters of the Commission. Thereafter, 
meetings of the Commission shall be held at its headquarters, 
unless it decides otherwise.

4. The Commission shall elect from among its members a 
Chairman and Vice-Chairman, each of whom shall serve for a 
term of two years and shall be eligible for re-election for 
one additional term. The first Chairman shall, however, be 
elected for an initial term of three years. The Chairman and 
Vice-Chairman shall not be representatives of the same 
Contracting Party.

5. The Commission shall adopt and amend as necessary the 
rules of procedure for the conduct of its meetings, except 
with respect to the matters dealt with in Article XII of this 
Convention.

6. The Commission may establish such subsidiary bodies as are 
necessary for the performance of its functions.


Article XIV

1. The Contracting Parties hereby establish the Scientific 
Committee for the Conservation of Antarctic Marine Living 
Resources (hereinafter referred to as the "Scientific 
Committee") which shall be a consultative body to the 
Commission. The Scientific Committee shall normally meet at 
the headquarters of the Commission unless the Scientific 
Committee decides otherwise.

2. Each Member of the Commission shall be a member of the 
Scientific Committee and shall appoint a representative with 
suitable scientific qualifications who may be accompanied by 
other experts and advisers.

3. The Scientific Committee may seek the advice of other 
scientists and experts as may be required on an ad hoc basis.


Article XV

1. The Scientific Committee shall provide a forum for 
consultation and co-operation concerning the collection, 
study and exchange of information with respect to the marine 
living resources to which this Convention applies. It shall 
encourage and promote co-operation in the field of scientific 
research in order to extend knowledge of the marine living 
resources of the Antarctic marine ecosystem.

2. The Scientific Committee shall conduct such activities as 
the Commission may direct in pursuance of the objective of 
this Convention and shall:

(a) establish criteria and methods to be used for 
determinations concerning the conservation measures referred 
to in Article IX of this Convention;

(b) regularly assess the status and trends of the populations 
of Antarctic marine living resources;

(c) analyse data concerning the direct and indirect effects 
of harvesting on the populations of Antarctic marine living 
resources;

(d) assess the effects of proposed changes in the methods or 
levels of harvesting and proposed conservation measures;

(e) transmit assessments, analyses, reports and 
recommendations to the Commission as requested or on its own 
initiative regarding measures and research to implement the 
objective of this Convention;

(f) formulate proposals for the conduct of international and 
national programs of research into Antarctic marine living 
resources.

3. In carrying out its functions, the Scientific Committee 
shall have regard to the work of other relevant technical and 
scientific organizations and to the scientific activities 
conducted within the framework of the Antarctic Treaty.


Article XVI 

1. The first meeting of the Scientific Committee shall be 
held within three months of the first meeting of the 
Commission. The Scientific Committee shall meet thereafter as 
often as may be necessary to fulfil its functions.

2. The Scientific Committee shall adopt and amend as 
necessary its rules of procedure. The rules and any 
amendments thereto shall be approved by the Commission. The 
rules shall include procedures for the presentation of 
minority reports.

3. The Scientific Committee may establish, with the approval 
of the Commission, such subsidiary bodies as are necessary 
for the performance of its functions.


Article XVII

1. The Commission shall appoint an Executive Secretary to 
serve the Commission and Scientific Committee according to 
such procedures and on such terms and conditions as the 
Commission may determine. His term of office shall be for 
four years and he shall be eligible for reappointment.

2. The Commission shall authorize such staff establishment 
for the Secretariat as may be necessary and the Executive 
Secretary shall appoint, direct and supervise such staff 
according to such rules and procedures and on such terms and 
conditions as the Commission may determine.

3. The Executive Secretary and Secretariat shall perform the 
functions entrusted to them by the Commission .


Article XVIII

The official languages of the Commission and of the 
Scientific Committee shall be English, French, Russian and 
Spanish.


Article XIX

1. At each annual meeting, the Commission shall adopt by 
consensus its budget and the budget of the Scientific 
Committee.

2. A draft budget for the Commission and the Scientific 
Committee and any subsidiary bodies shall be prepared by the 
Executive Secretary and submitted to the Members of the 
Commission at least sixty days before the annual meeting of 
the Commission.

3. Each Member of the Commission shall contribute to the 
budget. Until the expiration of five years after the entry 
into force of this Convention, the contribution of each 
Member of the Commission shall be equal.Thereafter the 
contribution shall be determined in accordance with two 
criteria: the amount harvested and an equal sharing among all 
Members of the Commission.The Commission shall determine by 
consensus the proportion in which these two criteria shall 
apply.

4. The financial activities of the Commission and Scientific 
Committee shall be conducted in accordance with financial 
regulations adopted by the Commission and shall be subject to 
an annual audit by external auditors selected by the 
Commission.

5. Each Member of the Commission shall meet its own expenses 
arising from attendance at meetings of the Commission and of 
the Scientific Committee.

6. A Member of the Commission that fails to pay its 
contributions for two consecutive years shall not, during the 
period of its default, have the right to participate in the 
taking of decisions in the Commission.


Article XX

1. The Members of the Commission shall, to the greatest 
extent possible, provide annually to the Commission and to 
the Scientific Committee such statistical, biological and 
other data and information as the Commission and Scientific 
Committee may require in the exercise of their functions.

2. The Members of the Commission shall provide, in the manner 
and at such intervals as may be prescribed, information about 
their harvesting activities, including fishing areas and 
vessels, so as to enable reliable catch and effort statistics 
to be compiled.

3. The Members of the Commission shall provide to the 
Commission at such intervals as may be prescribed information 
on steps taken to implement the conservation measures adopted 
by the Commission.

4. The Members of the Commission agree that in any of their 
harvesting activities, advantage shall be taken of 
opportunities to collect data needed to assess the impact of 
harvesting.


Article XXI

1. Each Contracting Party shall take appropriate measures 
within its competence to ensure compliance with the 
provisions of this Convention and with conservation measures 
adopted by the Commission to which the Party is bound in 
accordance with Article IX of this Convention.

2. Each Contracting Party shall transmit to the Commission 
information on measures taken pursuant to paragraph 1 above, 
including the imposition of sanctions for any violation.


Article XXII

1. Each Contracting Party undertakes to exert appropriate 
efforts, consistent with the Charter of the United Nations, 
to the end that no one engages in any activity contrary to 
the objective of this Convention.

2. Each Contracting Party shall notify the Commission of any 
such activity which comes to its attention.


Article XXIII

1. The Commission and the Scientific Committee shall co-
operate with the Antarctic Treaty Consultative Parties on 
matters falling within the competence of the latter.

2. The Commission and the Scientific Committee shall co-
operate, as appropriate, with the Food and Agriculture 
Organization of the United Nations and with other Specialised 
Agencies.

3. The Commission and the Scientific Committee shall seek to 
develop co-operative working relationships, as appropriate, 
with inter-governmental and non-governmental organizations 
which could contribute to their work, including the 
Scientific Committee on Antarctic Research, the Scientific 
Committee on Oceanic Research and the International Whaling 
Commission.

4. The Commission may enter into agreements with the 
organizations referred to in this Article and with other 
organizations as may be appropriate.The Commission and the 
Scientific Committee may invite such organizations to send 
observers to their meetings and to meetings of their 
subsidiary bodies.


Article XXIV

1. In order to promote the objective and ensure observance of 
the provisions of this Convention, the Contracting Parties 
agree that a system of observation and inspection shall be 
established.

2. The system of observation and inspection shall be 
elaborated by the Commission on the basis of the following 
principles:

(a) Contracting Parties shall co-operate with each other to 
ensure the effective implementation of the system of 
observation and inspection, taking account of the existing 
international practice. This system shall include, inter 
alia, procedures for boarding and inspection by observers and 
inspectors designated by the Members of the Commission and 
procedures for flag State prosecution and sanctions on the 
basis of evidence resulting from such boarding and 
inspections. A report of such prosecutions and sanctions 
imposed shall be included in the information referred to in 
Article XXI of this Convention;

(b) in order to verify compliance with measures adopted under 
this Convention, observation and inspection shall be carried 
out on board vessels engaged in scientific research or 
harvesting of marine living resources in the area to which 
this Convention applies, through observers and inspectors 
designated by the Members of the Commission and operating 
under terms and conditions to be established by the 
Commission;

(c) designated observers and inspectors shall remain subject 
to the jurisdiction of the Contracting Party of which they 
are nationals. They shall report to the Member of the 
Commission by which they have been designated which in turn 
shall report to the Commission.

3. Pending the establishment of the system of observation and 
inspection, the Members of the Commission shall seek to 
establish interim arrangements to designate observers and 
inspectors and such designated observers and inspectors shall 
be entitled to carry out inspections in accordance with the 
principles set out in paragraph 2 above.


Article XXV

1. If any dispute arises between two or more of the 
Contracting Parties concerning the interpretation or 
application of this Convention, those Contracting Parties 
shall consult among themselves with a view to having the 
dispute resolved by negotiation, inquiry, mediation, 
conciliation, arbitration, judicial settlement or other 
peaceful means of their own choice.

2. Any dispute of this character not so resolved shall, with 
the consent in each case of all Parties to the dispute, be 
referred for settlement to the International Court of Justice 
or to arbitration; but failure to reach agreement on 
reference to the International Court or to arbitration shall 
not absolve Parties to the dispute from the responsibility of 
continuing to seek to resolve it by any of the various 
peaceful means referred to in paragraph 1 above.

3. In cases where the dispute is referred to arbitration, the 
arbitral tribunal shall be constituted as provided in the 
Annex to this Convention.


Article XXVI

1. This Convention shall be open for signature at Canberra 
from 1 August to 31 December 1980 by the States participating 
in the Conference on the Conservation of Antarctic Marine 
Living Resources held at Canberra from 7 to 20 May l980.

2. The States which so sign will be the original signatory 
States of the Convention.


Article XXVII

1. This Convention is subject to ratification, acceptance or 
approval by signatory States.

2. Instruments of ratification, acceptance or approval shall 
be deposited with the Government of Australia, hereby 
designated as the Depositary.


Article XXVIII

1. This Convention shall enter into force on the thirtieth 
day following the date of deposit of the eighth instrument of 
ratification, acceptance or approval by States referred to in 
paragraph 1 of Article XXVI of this Convention.

2. With respect to each State or regional economic 
integration organization which subsequent to the date of 
entry into force of this Convention deposits an instrument of 
ratification, acceptance, approval or accession, the 
Convention shall enter into force on the thirtieth day 
following such deposit.


Article XXIX

1. This Convention shall be open for accession by any State 
interested in research or harvesting activities in relation 
to the marine living resources to which this Convention 
applies.

2. This Convention shall be open for accession by regional 
economic integration organizations constituted by sovereign 
States which include among their members one or more States 
Members of the Commission and to which the States members of 
the organization have transferred, in whole or in part, 
competences with regard to the matters covered by this 
Convention. The accession of such regional economic 
integration organizations shall be the subject of 
consultations among Members of the Commission.


Article XXX

l. This Convention may be amended at any time.

2. If one-third of the Members of the Commission request a 
meeting to discuss a proposed amendment the Depositary shall 
call such a meeting.

3. An amendment shall enter into force when the Depositary 
has received instruments of ratification, acceptance or 
approval thereof from all the Members of the Commission.

4. Such amendment shall thereafter enter into force as to any 
other Contracting Party when notice of ratification, 
acceptance or approval by it has been received by the 
Depositary. Any such Contracting Party from which no such 
notice has been received within a period of one year from the 
date of entry into force of the amendment in accordance with 
paragraph 3 above shall be deemed to have withdrawn from this 
Convention.


Article XXXI

1. Any Contracting Party may withdraw from this Convention on 
30 June of any year, by giving written notice not later than 
1 January of the same year to the Depositary, which, upon 
receipt of such a notice, shall communicate it forthwith to 
the other Contracting Parties.

2. Any other Contracting Party may, within sixty days of the 
receipt of a copy of such a notice from the Depositary, give 
written notice of withdrawal to the Depositary in which case 
the Convention shall cease to be in force on 30 June of the 
same year with respect to the Contracting Party giving such 
notice.

3. Withdrawal from this Convention by any Member of the 
Commission shall not affect its financial obligations under 
this Convention.


Article XXXII

The Depositary shall notify all Contracting Parties of the 
following:

(a) signatures of this Convention and the deposit of 
instruments of ratification, acceptance, approval or 
accession;

(b) the date of entry into force of this Convention and of 
any amendment thereto.


Article XXXIII

1. This Convention, of which the English, French, Russian and 
Spanish texts are equally authentic, shall be deposited with 
the Government of Australia which shall transmit duly 
certified copies thereof to all signatory and acceding 
Parties.

2. This Convention shall be registered by the Depositary 
pursuant to Article 102 of the Charter of the United Nations.

Drawn up at Canberra this twentieth day of May 1980.

In witness whereof the undersigned, being duly authorized, 
have signed this Convention.


Annex for an arbitral tribunal

The arbitral tribunal referred to in paragraph 3 of Article 
XXV shall be composed of three arbitrators who shall be 
appointed as follows:

The Party commencing proceedings shall communicate the name 
of an arbitrator to the other Party which, in turn, within a 
period of forty days following such notification, shall 
communicate the name of the second arbitrator. The Parties 
shall, within a period of sixty days following the 
appointment of the second arbitrator, appoint the third 
arbitrator, who shall not be a national of either Party and 
shall not be of the same nationality as either of the first 
two arbitrators. The third arbitrator shall preside over the 
tribunal.

If the second arbitrator has not been appointed within the 
prescribed period, or if the Parties have not reached 
agreement within the prescribed period on the appointment of 
the third arbitrator, that arbitrator shall be appointed, at 
the request of either Party, by the Secretary-General of the 
Permanent Court of Arbitration, from among persons of 
international standing not having the nationality of a State 
which is a Party to this Convention.

The arbitral tribunal shall decide where its headquarters 
will be located and shall adopt its own rules of procedure.

The award of the arbitral tribunal shall be made by a 
majority of its members, who may not abstain from voting.

Any Contracting Party which is not a Party to the dispute 
may intervene in the proceedings with the consent of the 
arbitral tribunal.

The award of the arbitral tribunal shall be final and 
binding on all Parties to the dispute and on any Party which 
intervenes in the proceedings and shall be complied with 
without delay. The arbitral tribunal shall interpret the 
award at the request of one of the Parties to the dispute or 
of any intervening Party.

Unless the arbitral tribunal determines otherwise because 
of the particular circumstances of the case, the expenses of 
the tribunal, including the remuneration of its members, 
shall be borne by the Parties to the dispute in equal shares.