NORTH-EAST ATLANTIC FISHERIES CONVENTION

London, 24 January 1959

 

The States Parties to this Convention

Desiring to ensure the conservation of the fish stocks and the

rational exploitation of the fisheries of the North-East Atlantic

Ocean and adjacent waters, which are of common concern to them;

Have agreed as follows:

 

Article 1

1. The area to which this Convention applies (hereinafter referred

to as "the Convention area") shall be all waters which are

situated:

a) within those parts of the Atlantic and Arctic Oceans and their

dependent seas which lie north of 36 deg north latitude and

between 42 deg west longitude and 51 deg east longitude, but

excluding

(i) the Baltic Sea and Belts lying to the south and east of lines

drawn from Hasenere Head to Gniben Point, from Korshage to

Spodsbierg and from Gilbierg Head to the Kullen, and

(ii) the Mediterranean Sea and its dependent seas as far as the

point of intersection of the parallel of 36 deg latitude and the

meridian of 5 deg 36 min west longitude.

b) within that part of the Atlantic Ocean north of 59 deg north

latitude and between 44 deg west longitude and 42 deg west

longitude.

2. The Convention area shall be divided into regions, the

boundaries of which shall be those defined in the Annex to this

Convention. The regions shall be subject to such alterations as

may be made in accordance with the provisions of paragraph (4) of

Article 5 of this Convention.

3. For the purposes of this Convention

a) the expression "vessel" means any vessel or boat employed in

fishing for sea fish or in the treatment of sea fish which is

registered or owned in the territories of, or which flies the flag

of, any Contracting States and;

b) the expression "territories" in relation to any Contracting

State, extends to

(i) any territory within or adjacent to the Convention area for

whose international relations the Contracting State is

responsible;

(ii) any other territory, not situated within the Convention area

or adjacent to it, for whose international relations the

Contracting State is responsible and for which such State shall

have made known, by written declaration to the Government of the

United Kingdom of Great Britain and Northern Ireland (hereinafter

referred to as the Government of the United Kingdom), either at

the time of signature, of ratification, or of adherence, or

subsequently, that this Convention shall apply to it;

(iii) the waters within the Convention area where the Contracting

State has exclusive jurisdiction over fisheries.

 

Article 2

Nothing in this Convention shall be deemed to affect the rights,

claims, or views of any Contracting State in regard to the extent

of jurisdiction over fisheries.

 

Article 3

1. A North-East Atlantic Fisheries Commission (hereinafter

referred to as the Commission) is hereby established and shall be

maintained for the purposes of this Convention.

2. Each Contracting State may appoint as its Delegation to the

Commission not more than two Commissioners and such experts and

advisors to assist them as that State may determine.

3. The Commission shall elect its own President and not more than

two Vice-Presidents who need not be chosen from the Commissioners

or their experts or advisers. If a member of a Delegation has been

elected President he shall forthwith cease to act as a member of

that Delegation, and if a Commissioner has been elected the State

concerned shall have the right to appoint another person to serve

in his place.

4. The Office of the Commission shall be in London.

5. Except where the Commission determines otherwise, it shall meet

once a year in London at such time as it shall decide: provided,

however, that upon the request of a Commissioner of a Contracting

State, the President shall, as soon as practicable, summon a

meeting at such time and place as he may determine.

6. The Commission shall appoint its own Secretary and may from

time to time appoint such other staff as it may require.

7. The Commission may set up such Committees as it considers

desirable to perform such functions as it may determine.

8. Each Delegation shall have one vote in the Commission which may

be cast only by a Commissioner of the State concerned. Decisions

shall be taken by a simple majority except where otherwise

specifically provided. If there is an even division of votes on

any matter which is subject to a simple majority decision, the

proposal shall be regarded as rejected.

9. Subject to the provisions of this Article, the Commission shall

draw up its own Rules of Procedure, including provisions for the

election of the President and Vice-Presidents and their terms of

office.

10. The Government of the United Kingdom shall call the first

meeting of the Commission as soon as practicable after the coming

into force of this Convention, and shall communicate the

provisional agenda to each of the other Contracting States not

less than two months before the date of the meeting.

11. Reports of the proceedings of the Commission shall be

transmitted and proposals and recommendations shall be notified as

soon as possible to all Contracting States in English and in

French.

 

Article 4

1. Each Contracting State shall pay the expense of the

Commissioners, experts and advisers appointed by it.

2. The Commission shall prepare an annual budget of the proposed

expenditures of the Commission.

3. In any year in which the annual budget amounts to 200 pounds or

less for each Contracting State the total sum shall be shared

equally between Contracting States.

4. In any year in which the annual budget exceeds

200 pounds for each Contracting State, the Commission shall

calculate the payments due from each Contracting State according

to the following formula:

a) from the budget there shall be deducted a sum of 200 pounds for

each Contracting State;

b) the remainder shall be divided into such number of equal shares

as correspond to the total number of Regional Committee

memberships;

c) the payment due from any Contracting State shall be the

equivalent of 200 pounds plus the number of shares equal to the

number of Regional Committees in which that State participates.

5. The Commission shall notify to each Contracting State the sum

due from that State as calculated under paragraph (3) or (4) of

this Article and as soon as possible thereafter each Contracting

State shall pay to the Commission the sum so notified.

6. Contributions shall be payable in the currency of the country

in which the Office of the Commission is located, except that the

Commission may accept payment in the currencies in which it may be

expected that expenditures of the Commission will be made from

time to time, up to an amount established each year by the

Commission when preparing the annual budget.

7. At its first meeting the Commission shall approve a budget for

the balance of the first financial year in which the Commission

functions and shall transmit to the Contracting States copies of

that budget together with notices of their respective

contributions as assessed under paragraph (3) or (4) of this

Article.

8. In subsequent financial years, the Commission shall submit to

each Contracting State drafts of annual budgets, together with a

schedule of allocations, not less than six weeks before the annual

meeting of the Commission at which the budgets are to be

considered.

 

Article 5

1. The Commission shall establish a Regional Committee, with the

powers and duties described in Article 6 of this Convention, for

each of the regions into which the Convention area is divided.

2. The representation on any Regional Committee so established

shall be determined by the Commission, provided, however, that any

Contracting State with a coastline adjacent to that region, or

exploiting the fisheries of the region, has automatically the

right of representation on the Regional Committee. Contracting

States exploiting elsewhere a stock which is also fished in that

region shall have the opportunity of being represented on the

Regional Committee.

3. Subject to the provisions of Article 6 of this Convention, the

Commission shall determine the terms of reference of, and the

procedure to be followed by, each Regional Committee.

4. The Commission may at any time alter the boundaries and vary

the number of the regions defined in the Annex to this Convention,

provided this is by the unanimous decision of the Delegations

present and voting and no objection is made within three months

thereafter by any Contracting States not represented, or not

voting, at the meeting.

 

Article 6

1. It shall be the duty of the Commission:

a) to keep under review the fisheries in the Convention area:

b) to consider, in the light of the technical information

available, what measures may be required for the conservation of

the fish stocks and for the rational exploitation of the fisheries

in the area;

c) to consider, at the request of any Contracting State,

representations made to it by a State which is not a party to this

Convention for the opening of negotiations on the conservation of

fish stocks in the Convention area or any part thereof; and

d) to make to Contracting States recommendations, based as far as

practicable on the results of scientific research and

investigation, with regard to any of the measures set out in

Article 7 of this Convention.

2. It shall be the duty of a Regional Committee to perform, in

relation to its Region, functions of review and consideration

similar to those described in paragraph (1) of this Article in

relation to the Commission and the Convention area. A Regional

Committee may initiate proposals for measures in relation to its

region and shall consider any such proposals as may be remitted to

it by the Commission.

3. A Regional Committee may prepare draft recommendations for

consideration by the Commission, which may adopt any such draft

recommendations, with any modifications it may consider desirable,

as recommendations for the purpose of Article 7 of this

Convention.

4. A Regional Committee may at any time appoint sub-committees to

study specific problems affecting parts of the Region and to

report thereon to the Regional Committee.

 

Article 7

1. The measures relating to the objectives and purposes of this

Convention which the Commission and Regional Committees may

consider, and on which the Commission may make recommendaions to

the Contracting States, are

a) any measures for the regulation of the size of mesh of fishing

nets;

b) any measures for regulation of the size limits of fish that may

be retained on board vessels, or landed, or exposed or offered for

sale;

c) any measures for the establishment of closed seasons;

d) any measures for the establishment of closed areas;

e) any measures for the regulation of fishing gear and appliances,

other than regulation of the size of mesh of fishing nets;

f) any measures for the improvement and the increase of marine

resources, which may include artificial propagation, the

transplantation of organisms and the transplantation of young.

2. Measures for regulating the amount of total catch, or the

amount of fishing effort in any period, or any other kinds of

measures for the purpose of the conservation of the fish stocks in

the Convention area, may be added to the measures listed in

paragraph (1) of this Article on a proposal adopted by not less

than a two-thirds majority of the Delegations present and voting

and subsequently accepted by all Contracting States in accordance

with their respective constitutional procedures.

3. The measures provided for in paragraphs (1) and (2) of this

Article may relate to any or all species of sea fish and shell

fish, but not to sea mammals; to any or all methods of fishing;

and to any or all parts of the methods of fishing; and to any or

all parts of the Convention area.

 

Article 8

1. Subject to the provisions of this Article, the Contracting

States undertake to give effect to any recommendation made by the

Commission under Article 7 of this Convention and adopted by not

less than a two-thirds majority of the Delegations present and

voting.

2. Any Contracting State may, within ninety days of the date of

notice of a recommendation to which paragraph (1) of this Article

applies, object to it and in that event shall not be under

obligation to give effect to the recommendation.

3. In the event of an objection being made within the ninety-day

period, any other Contracting State may similarly object at any

time within a further period of sixty days, or within thirty days

after receiving notice of an objection by another Contracting

State made within the further period of sixty days.

4. If objections to a recommendation are made by three or more of

the Contracting States, all the other Contracting States shall be

relieved forthwith of any obligation to give effect to that

recommendation but any or all of them may nevertheless agree among

themselves to give effect to it.

5. Any Contracting State which has objected to a recommendation

may at any time withdraw that objection and shall then, subject to

the provisions of paragraph (4) of this Article, give effect to

the recommendation within ninety days, or as from the date

determined by the Commission under Article 9 of this Convention,

whichever is the later.

6. The Commission shall notify each Contracting State immediately

upon receipt of each objection and withdrawal.

 

Article 9

Any recommendation to which paragraph (1) of Article 8 of this

Convention applies shall, subject to the provisions of that

Article, become binding on the Contracting States from the date

determined by the Commission, which shall not be before the period

for objection provided in Article 8 has elapsed

 

Article 10

At any time after two years from the date on which it has been

required to give effect to any recommendation to which paragraph

(1) of Article 8 of this Convention applies any Contracting State

may give the Commission notice of the termination of its

acceptance of the recommendation and, if that notice is not

withdrawn, the recommendation shall cease to be binding on that

Contracting State at the end of twelve months from the date of the

notice.

2. At any time after a recommendation has ceased to be binding on

a Contracting State under paragraph (1) of this Article, the

recommendation shall cease to be binding on any other State which

so desires upon the date of notice to the Commission of withdrawal

of acceptance of that recommendation by such other State.

3. The Commission shall notify all Contracting States of every

notice under this Article immediately upon the receipt thereof.

 

Article 11

1. In order that the recommendations made by the Commission for

the conservation of the stocks of fish within the Convention area

shall be based so far as practicable upon the results of

scientific research and investigation, the Commission shall when

possible seek the advice of the International Council for the

Exploration of the Sea and the cooperation of the Council in

carrying out any necessary investigations and, for this purpose,

may make such joint arrangements as may be agreed with the

International Council for the Exploration of the Sea or may make

such other arrangements as it may think fit.

2. The Commission may seek to establish and maintain working

arrangements with any other International organization which has

related objectives.

 

Article 12

1. The Contracting States undertake to furnish on the request of

the Commission any available statistical and biological

information the Commission may need for the purposes of this

Convention.

2. The Commission may publish or otherwise disseminate reports of

its activities and such other information relating to the

fisheries in the Convention area or any part of that area as it

may deem appropriate.

 

Article 13

1. Without prejudice to the sovereign rights of States in regard

to their territorial and internal waters, each Contracting State

shall take in its territories and in regard to its own nationals

and its own vessels appropriate measures to ensure the application

of the provisions of this Convention and of the recommendations of

the Commission which have become binding on that Contracting State

and the punishment of infractions of the said provisions and

recommendations.

2. Each Contracting State shall transmit annually to the

Commission a statement of the action taken by it for these

purposes.

3. The Commission may by a two-thirds majority make

recommendations for, on the one hand, measures of national control

in the territories of the Contracting States and, on the other

hand, national and international measures of control on the high

seas, for the purpose of ensuring the application of the

Convention and the measures in force thereunder. Such

recommendations shall be subject to the provisions of Articles 8,

9 and 10.

 

Article 14

The provisions of this Convention shall not apply to fishing

operations conducted solely for the purpose of scientific

investigation by vessels authorised by a Contracting State for

that purpose, or to fish taken in the course of such operations,

but in any of the territories of any Contracting State bound by a

recommenation to which paragraph (1) of Article 8 applies, fish so

taken shall not be sold or exposed or offered for sale in

contravention of any such recommendation.

 

Article 15

1. This Convention shall be open for signature until 31 March

1959. It shall be ratified as soon as possible and the intruments

of ratification shall be deposited with the Government of the

United Kingdom.

2. This Convention shall enter into force upon the deposit of

instruments of ratification by all signatory States. If, however,

after the lapse of one year from 31 March 1959, all the signatory

States have not ratified this Convention, but not less than seven

of them have deposited intruments of ratification, these latter

States may agree among themselves by special protocol on the date

on which this Convention shall enter into force; and in that case

this Convention shall enter into force with respect to any State

that ratifies thereafter on the date of deposit of its instrument

of ratification.

3. Any State which has not signed this Convention may accede

thereto at any time after it has come into force in accordance

with paragraph (2) of this Article. Accession shall be effected by

means of a notice in writing addressed to the Government of the

United Kingdom and shall take effect on the date of its receipt.

Any State which accedes to this Convention shall simultaneously

undertake to give effect to those recommendations which are, at

the time of its accession, binding on all the other Contracting

States as well as to any other recommendations which are, at that

time, binding on one or more of the Contracting States and are not

specifically excluded by the acceding State in its notice of

accession.

4. The Government of the United Kingdom shall inform all signatory

and acceding States of all ratifications deposited and accessions

received and shall notify signatory States of the date and the

States in respect of which this Convention enters into force.

 

Article 16

1. In respect of each State Party to this Convention, the

provisions of Articles 5, 6, 7, 8 and 9 and Annexes I, II and III

of the Convention for the Regulation of the Meshes of Fishing Nets

and the Size Limits of Fish, signed at London, on 5 April 1946, as

amended by decisions made under paragraph (10) of Article 12 of

that Convention, shall remain in force but shall be deemed for the

purposes of the present Convention to be a recommendation made and

given effect without objection under this Convention as from the

date of its entry into force in respect of that State within the

area covered by the 1946 Convention; provided that in the period

of two years after the coming into force of this Convention, any

Contracting State may, on giving twelve months' written notice to

the Government of the United Kingdom, withdraw from the whole or

any part of the said recommendation. If a Contracting State has,

in accordance with the provisions of this Article, given notice of

its withdrawal from a part of the said recommendation, any other

Contracting State may, with effect from the same date, give notice

of its withdrawal from the same or any other part of the said

recommendation, or from the recommendation as a whole.

2. The provisions of the Convention for the Regulation of the

Meshes of Fishing Nets and the Size Limits of Fish signed at

London on 5 April 1949, shall, save as provided in paragraph (1)

of this Article, cease to apply to each Contracting State to this

Convention as from the date of the entry into force of this

Convention in respect of that State.

 

Article 17

At any time after two years from the date on which this Convention

has come into force with respect to a Contracting State, that

State may denounce the Convention by means of a notice in writing

addressed to the Government of the United Kingdom. Any such

denunciation shall take effect twelve months after the date of its

receipt, and shall be notified to the Contracting States by the

Government of the United Kingdom.

In Witness Whereof the undersigned, being duly authorized

thereto, have signed this Convention.

Done in London this twenty-fourth day of January nineteen hundred

and fifty-nine in two copies, one in the English language, the

other in the French language. Both texts shall be deposited in the

archives of the Government of the United Kingdom and shall be

regarded as equally authentic.

The Government of the United Kingdom shall transmit certified

copies of both texts of this Convention in the two languages to

all the signatory and acceding States.

 

ANNEX

 

The regions provided for by Article 1 of this Convention shall be

as follows:

Region 1 The part of the Convention area bounded on the south by

a line running from a point 59 deg north latitude 44 deg west

longitude due east to the meridian of 42 deg west longitude;

thence due south to the parallel of 48 deg north latitude; thence

due east to the meridian of 18 deg west longitude; thence due

north to the parallel of 60 deg north latitude; thence due east to

the meridian of 5 deg west longitude; thence due north to the

parallel of 60 deg 30 min north latitude; thence due east to the

meridian of 4 deg west longitude; thence due north to the parallel

of 62 deg north latitude; thence due east to the coast of Norway;

thence north and east along the coast of Norway and along the

coast of the Union of Soviet Socialist Republics as far as the

Meridian of 51 deg east longitude.

Region 2 The part of the Convention area not covered by Region 1

and north of 48 deg north latitude.

Region 3 The part of the Convention area between 36 deg and 48

deg north latitude.