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IOTC > rules of procedure |
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Rules
of Procedure of the Indian Ocean Tuna Commission.
Note : you can download
the IOTC rules of procedures in pdf format.
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Rule
I: Definitions |
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For the purpose of these rules, the following definitions
apply:
Agreement: the Agreement for the Establishment
of the Indian Ocean Tuna Commission, approved by the
FAO Council at its Hundred-and-Fifth Session in November
1993, and entered into force on 27 March 1996.
Commission: the Indian Ocean Tuna Commission.
Scientific Committee: the permanent committee
provided for in Article XII.1 of the Agreement.
Delegate: the representative of a Member
as specified in Article VI.1 of the Agreement.
Delegation: the delegate and his alternate,
experts and advisers.
Members: Members of the Commission.
Secretary: the Secretary of the Commission.
Organization: the Food and Agriculture
Organization of the United Nations (FAO).
Conference: the Conference of the Organization.
Council: the Council of the Organization.
Director-General: the Director-General
of the Organization.
Observer Nations: Members of FAO which
are not members of the Commission attending sessions
of the Commission as observers in accordance with Article
VII, paragraph 1 of the Agreement.
Observer Associate Members: Associate
Members of FAO which are not members of the Commission
attending sessions of the Commission as observers in
accordance with Article VII, paragraph 1 of the Agreement.
Observer Non-member States of FAO: Non-member
States of FAO which are not members of the Commission,
but are members of the United Nations, any of its specialized
agencies or the International Atomic Energy Agency,
attending sessions of the Commission as observers in
accordance with Article VII, paragraph 2 of the Agreement.
Observer Intergovernmental Organizations: Intergovernmental
Organizations attending sessions of the Commission as
observers in accordance with Article VII, paragraph
3 of the Agreement.
Observer Non-governmental Organizations: Non-governmental
Organizations attending sessions of the Commission as
observers in accordance with Article VII, paragraph
3 of the Agreement.
Observer: the representative of an Observer
Nation, Observer Associate Member, Observer Non-member
State of FAO, Observer Intergovernmental Organization
or Observer Non-governmental Organization.
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Rule
II: Sessions of the Commission |
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- In accordance with Article VI.4 of the Agreement,
the regular sessions of the Commission shall be held
once a year. They shall be convened by the Chairperson
of the Commission.
- In pursuance with Article VI.5 of the Agreement,
during intervals between regular sessions, the Chairperson
of the Commission may convene special sessions of
the Commission, if so requested by at least one third
of its members.
- The date of the sessions shall be determined by
the Commission in consultation with the Director-General.
Regular sessions and special sessions of the Commission
shall normally be held at the seat of the Commission. Sessions
may, however, be convened elsewhere in pursuance of
a decision taken, in consultation with the Director-General.
- Should a session of the Commission be held in a
place which is not the seat of the Commission, the
Director-General, in accordance with the provisions
of Rule XXXVII.4 of the General Rules of the Organization,
should, before that session be convened, be assured
that the Government hosting the session is willing
to grant to all delegates, alternates, experts, advisers,
observers and members of the Secretariat of the Commission
and of the Secretariat of the Organization and other
persons entitled to attend such session, the privileges
and immunities that are necessary for the independent
exercise of their functions in connection with the
session.
- Invitations to a regular Session of the Commission
shall be prepared by the Secretary and issued by the
Chairperson of the Commission not less than 90 days
in advance of the date fixed for the opening of the
session. Invitations to special sessions shall
be issued not less than 30 days in advance of the
date fixed for the opening of the session.
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Rule
IV: Agenda |
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- A provisional agenda for each regular session of
the Commission shall be drawn up by the Secretary
and sent to the Members following the approval of
the Chairperson. The provisional agenda will
also be sent to the Observer Nations and Observer
Associate Members, which attended the previous regular
session of the Commission or have requested to attend
the next session. It shall be sent not less than
sixty days before the date of the session, together
with the reports and documents available in connection
with the session.
- For Observer Non-member States of FAO, Observer
Intergovernmental Organizations or Observer Non-governmental
Organizations, such information shall be sent if a
decision to invite them to attend the session of the
Commission has already been taken. In accordance
with Rule XIII.10, invitations will also be sent to
intergovernmental organizations or institutions having
concluded with the Commission, under Article XV of
the Agreement, an agreement formally providing for
the participation of these organizations and institutions
in Commission sessions.
- The Secretary shall send a provisional agenda with
comments, including any proposal by members, not less
than thirty days before the session.
- The provisional agenda of the regular sessions shall
include:
a) election of the Chairperson and of the Vice-chairpersons
as provided for under Article VI.6 of the Agreement,
as appropriate;
b) adoption of the agenda;
c) reports and recommendations of the sub-commissions,
the Scientific Committee, the committees, working
parties and other subsidiary bodies which might be
established;
d) proposals relating to the conservation and
management measures pursuant to Article IX of the
Agreement;
e) reports on research and development activities
in respect of stocks and fisheries covered by this
Agreement in accordance with Article V.2(b);
f) report and recommendations by the Secretary
on the annual accounts of the Commission and all the
activities of the Secretariat;
g) consideration of the proposed Programme of
Work and Budget of the Commission for the ensuing
financial period;
h) items approved at the previous session;
i) proposals for amendments to the Agreement,
the Rules of Procedure and the Financial Regulations
of the Commission as appropriate;
j) applications for membership in accordance
with Article IV.2 of the Agreement as appropriate;
k) items referred to the Commission by the Conference,
the Council or the Director-General.
- The provisional agenda may also include:
a) items proposed by the Scientific Committee and
the other subsidiary bodies;
b) items proposed by a Member.
- The agenda of a special session shall consist only
of items relating to the purpose for which the session
was called.
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Rule
V: The Secretariat |
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- The Secretariat shall consist of the Secretary and
such staff appointed by him/her and under his/her
supervision.
- The Secretary of the Commission shall be appointed
by the Director-General with the approval of the Commission,
in accordance with the procedure set out by the Commission
at its First Special Session and annexed hereto.
- The Secretary shall be appointed for a term of three
years renewable for two further terms of three years
each.
- The Secretary will remain in function until a successor
has taken up duties.
- The Secretary shall be responsible for implementing
the policies and activities of the Commission and
shall report thereon to the Commission. In the
exercise of his functions, the Secretary will have
direct relations with all Members of the Commission
as well as with the FAO Secretariat at all levels.
- The duties of the Secretary shall include:
a) communication of information received from
Members;
b) receipt, collection, circulation, drafting
and presentation of documents, reports, papers and
resolutions for the sessions of the Commission, the
sub-commissions, the Scientific Committee and other
subsidiary bodies;
c) maintaining records of the proceedings;
d) facilitating the collection of data necessary
to accomplish the objectives of the Commission;
e) administering and reporting to the Commission
on the financial and staffing resources of the Commission.
f) performance of such other duties as the Commission
may assign;
- Copies of all communications concerning the affairs
of the Commission shall be sent to the Secretary by
the Members for purposes of information and record.
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Rule
VI: Meetings of the Commission |
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- In accordance with Article VII of the Agreement,
meetings of the Commission shall be open to Observers. When
the Commission decides to hold a private meeting,
it shall at the same time determine the scope of such
a decision with respect to observers.
- The meetings of the Scientific Committee, the sub-commissions,
the committees, working parties and other subsidiary
bodies, which may be established, shall be open to
Delegations only unless otherwise decided by the Commission.
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Rule VII: Election of Chairperson and Vice-Chairpersons
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- Pursuant to Article VI.6 of the Agreement, the Commission
shall, at the end of its regular session in each alternate
year or sooner if an office falls vacant, elect its
Chairperson and no more than two Vice-Chairpersons,
who shall hold office until their successors are elected.
- Nominees must be delegates or alternates attending
the meeting. The Chairperson and Vice-Chairpersons
shall not be eligible for re-election if they have
held the positions for two consecutive terms preceding
the elections to fill these positions.
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Rule
VIII: Functions of the Chairperson and Vice-Chairpersons
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- The Chairperson shall exercise the functions conferred
on him/her in the Agreement and in these rules and
in particular shall:
a) declare the opening and closing of each plenary
meeting of the Commission;
b) direct the discussions at such meetings and
ensure observance of these rules, accord the right
to speak, put questions to the vote and announce decisions;
c) rule on points of order;
d) subject to these Rules, have control over
the proceedings of the meeting.
- In the absence of the Chairperson or at his/her
request, the functions of the Chairperson shall be
exercised by one of the Vice-Chairpersons.
- The Chairperson or the Vice-Chairperson acting as
Chairperson has a right to vote if he is acting as
only representative of his country.
- In the interval between two sessions of the Commission,
the Chairperson shall exercise the functions assigned
to him/her by the Agreement or the Rules of Procedure,
as well as any function entrusted to him/her by the
Commission.
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Rule
IX: Voting arrangements and proceedings |
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- Except as provided for in paragraph 4 of this Rule,
votes at meetings of the Commission shall be by show
of hands unless a member requests that the vote be
taken by a roll call or secret ballot, and that this
request is seconded.
- A vote by roll call shall be taken by calling the
names of the members of the Commission entitled to
vote in the English alphabetical order, beginning
with the member which has been chosen by lot.
- A record of any roll call vote or postal vote shall
show the vote cast by each delegate and any abstention.
- Unless the Commission decides otherwise, voting
on matters relating to individuals, including the
election of officers of the Commission and, if applicable,
the recommendation regarding the name of the Secretary
to be forwarded to the Director-General for appointment,
shall be by secret ballot.
- When no nominee for an office obtains on the first
ballot a majority of the votes cast, there shall be
taken a second ballot confined to the two candidates
obtaining the largest number of votes. If the
votes are equally divided on the second ballot, as
many ballots as necessary will be held to determine
the elected candidate.
- Votes cast means votes "in favour" and
"against".
- If the Commission is equally divided when a vote
is taken on a question other than an election and
the recommendation regarding the name of the Secretary
to be forwarded to the Director-General for appointment,
a second vote and a third vote may be taken at the
current session at the request of the proposer. If
the Commission remains equally divided, the proposal
shall not be further considered at the current session.
- Voting arrangements and other related matters not
specifically provided for in the Agreement or in these
Rules shall be governed mutatis mutandis by the provisions
of the General Rules of the Organization.
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Rule
X: The Scientific Committee |
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- Unless otherwise decided by the Commission, this
Rule will govern the procedures to be applied to the
Scientific Committee.
- Pursuant to Article XII.1 of the Agreement, the
Commission shall establish a permanent Scientific
Committee. The Scientific Committee will act
as advisory body to the Commission.
- The Scientific Committee shall be constituted of
scientists; each Member of the Commission shall have
the right to appoint a representative and an alternate,
if needed, both with suitable scientific qualifications,
who may be accompanied by experts and advisers.
- The Commission may invite experts, in their individual
capacity, to enhance and broaden the expertise of
the Scientific Committee and of its working parties.
- The Members of the Commission shall finance the
participation of their representatives, alternates,
experts and advisers to the Scientific Committee meetings,
as well as to its working parties. They will
also finance the out of session work, within the framework
of the Scientific Committee, of these representatives,
alternates, experts and advisers. The Commission
may finance the participation of the experts invited
in their individual capacity to participate in its
meetings or in the working parties meetings.
- The Scientific Committee shall elect, preferably
by consensus, a Chairperson and a Vice-Chairperson
from among its members for two years. The Chairperson
and the Vice-Chairperson shall be eligible for re-election
for another two-year term.
- The Chairperson of the Scientific Committee shall
have, during the Scientific Committee meetings, the
same powers and duties as the Chairperson of the Commission
has in relation to meetings of the Commission itself.
- The Chairperson of the Scientific Committee shall,
in consultation with the Chairperson of the Commission
and the Director-General, convene sessions of the
Scientific Committee. In the interval between
two sessions of the Scientific Committee he/she will
also exercise any function entrusted to him/her by
the Committee.
- Pursuant to Article VIII.2 of the Agreement the
Secretary of the Commission shall act as Secretary
to the Scientific Committee.
- The Scientific Committee shall:
a) recommend policies and procedures for the
collection, processing, dissemination and analysis
of fishery data;
b) facilitate the exchange and critical review
among scientists of information on research and operation
of fisheries of relevance to the Commission;
c) develop and coordinate cooperative research programmes
involving Members of the Commission in support of
fisheries management;
d) assess and report to the Commission on the
status of stocks of relevance to the Commission and
the likely effects of further fishing and of different
fishing patterns and intensities;
e) formulate and report to the sub-commission,
as appropriate, on recommendations concerning conservation,
fisheries management and research, including consensus,
majority and minority views;
f) consider any matter referred to by the Commission;
g) to carry out other technical activities of relevance
to the Commission
- The Scientific Committee will carry out its
work at annual meetings held before those of the Commission. With
the approval of the Commission, the Chairperson of
the Scientific Committee may convene special meetings
between its annual meetings. In consultation
with the Secretariat of the Commission, the Chairperson
of the Scientific Committee may initiate and direct
some work to be carried out by the Scientific Committee
through correspondence.
- The Chairperson of the Scientific Committee,
in consultation with the Secretariat of the Commission,
may also convene working parties of scientists for
the purpose of stock assessment, preparation of management
advice and any other research in support of fisheries
management. They shall be constituted of scientists
who are directly involved in and/or who may significantly
contribute to the proposed work of the working parties. These
scientists may also include scientists from non-Members
of the Commission that are eligible to become Members
and experts in their individual capacity.
- The procedures of the Scientific Committee
and of its working parties shall be governed mutatis
mutandis by the Rules of Procedure of the Commission.
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Rule
XI: The sub-commissions |
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- Pursuant to Article XII.2 of the Agreement, the
Commission may establish sub-commissions to deal with
one or more of the stocks covered by the Agreement.
- 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.
- Pursuant to Article XII.4 a sub-commission provides
a forum for consultation and cooperation on matters
related to the management of the stocks concerned
and in particular:
a) to keep under review the stocks concerned and to
gather scientific and other relevant information relating
to the stocks concerned;
b) to assess and analyse the conditions and trends
of the stocks concerned;
c) to examine management options and recommend to
the Commission appropriate management measures;
d) to coordinate research and studies of the
stocks;
e) to report to the Commission on its findings;
f) to consider any matter referred to it by the
Commission.
- A majority of the members of a sub-commission shall
constitute a quorum.
- Recommendations and proposals of the sub-commissions
can be adopted by simple majority. However, the
preference would be to take the decision by consensus. Each
member of the sub-commission will have the right to
have its opinion included in the report.
- The procedures of the sub-commissions established
in accordance with paragraph 2 of Article XII of the
Agreement shall be governed mutatis mutandis by the
Rules of Procedure of the Commission.
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Rule
XII: The other subsidiary bodies of the Commission |
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- Pursuant to Article XII.5 the Commission may also
establish such committees, working parties or other
subsidiary bodies as may be necessary for the purposes
of the Agreement.
- The procedures of subsidiary bodies of the Commission
established in accordance with paragraph 5 of Article
XII of the Agreement shall be governed mutatis mutandis
by the Rules of procedure of the Commission.
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Rule
XIII: Participation by observers |
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- The Director-General or a representative designated
by him, shall have the right to participate without
vote in all meetings of the Commission, of the Scientific
Committee and of any other subsidiary body of the
Commission.
- Members and Associate Members of the Organization
that are not Members of the Commission are, upon their
request, invited to be represented by an observer
at sessions of the Commission.
- States which are not Members of the Commission,
nor Members of the Organization, but that are Members
of the United Nations, any of its Specialized Agencies
or the International Atomic Energy Agency, may, upon
request and subject to the concurrence of the Commission
through its chairperson and to the principles relating
to the granting of observer status to Nations adopted
by the Conference, be invited to attend sessions of
the Commission in an observer capacity.
- The Commission may, on their request, invite intergovernmental
organizations having special competence in the field
of activity of the Commission, to attend such of its
meetings as the Commission may specify.
- The Commission may invite, upon request, non-governmental
organizations having special competence in the field
of activity of the Commission to attend such of its
meetings as the Commission may specify. The list
of the NGOs wishing to be invited will be submitted
beforehand by the Secretary to the Members of the
Commission. If one of the Members of the Commission
objects giving in writing its reasons within 30 days,
the matter will then be subject to decision of the
Commission out of session by written procedure.
- The Commission, on proposal of its Secretary, may
decide to request a contribution towards the additional
administrative costs arising from the attendance of
observers at its Sessions, subject to reciprocity
in the case of intergovernmental organizations.
- Participation of regional economic integration organizations
in the work of the Commission and the relations between
the Commission and such organizations shall be governed
by the relevant provisions of the Constitution and
the General Rules of the Organization, as well as
by the rules on the relations with international regional
economic integration organizations adopted by the
Conference or the Council.
- Unless the Commission expressly determines otherwise,
observers may attend the plenary meetings of the Commission. Observer
nations and Observer Associate Members may submit
memoranda and participate without vote in the discussions. Observer
Non-Member States of FAO as well as Observer intergovernmental
organizations or Observer non-governmental organizations
within the area defined in Article II of the Agreement
or are States whose vessels engage in fishing in the
area for stocks covered by the Agreement as well as
to other States and international organizations that
were represented at the session.
- The Commission may invite consultants or experts,
in their individual capacity, to attend the meetings
or participate in the work of the Commission as well
as the Scientific Committee and the other subsidiary
bodies of the Commission.
- In accordance with Article XV of the Agreement,
the Commission may enter into agreements with other
intergovernmental organizations and institutions,
especially those active in the fisheries sector, which
might contribute to the work and further the objectives
of the Commission. Such agreements may provide
that these organizations or institutions may be represented
as observers in the sessions of the Commission. Observers
from these organizations or institutions will be authorized
to submit memoranda and, as appropriate, to participate
in the discussions of the Commission, the Scientific
Committee and the other subsidiary bodies of the Commission,
without voting right.
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Rule
XIV: Records, Reports and Recommendations |
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- A report shall be adopted at the end of each session
of the Commission; the report of the session shall
be published together with such technical papers and
other documents, as the Commission may wish to publish.
- The report adopted shall embody the Commission's
decisions and recommendations, including, when requested,
a statement of minority views.
- At the closure of each session, the report as well
as the decisions and recommendations, together with
the schedule for their implementation by the Members
of the Commission, shall be transmitted to the Director-General. The
Secretary shall circulate them to the Members of the
Commission, to all FAO Members and Associate Members,
to non-members of the Commission, non-members of FAO,
which are coastal States situated wholly or partly
within the area defined in Article II of the Agreement
or are States whose vessels engage in fishing in the
area for stocks covered by the Agreement as well as
to other States and international organizations that
were represented at the session.
- Decisions and recommendations which might have policy,
programme or financial implications for the Organization
shall be brought by the Director-General to the attention
of the Conference through the Council for action.
- Subject to the provisions of the preceding paragraph,
the Chairperson may request the Members of the Commission
to supply the Commission or the Director-General with
information on action taken on the basis of decisions
and recommendations made by the Commission.
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Rule
XV: Amendments to the Agreement |
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- As provided for in Article XX.2 of the Agreement,
proposals for the amendment of the Agreement may
be made by any Member of the Commission or by the
Director-General. Proposals made by a Member
of the Commission shall be addressed to both the Chairperson
of the Commission and the Director-General and those
made by the Director-General shall be addressed to
the Chairperson of the Commission, not later than
120 days before the session of the Commission at which
the proposal is to be considered. The Director-General
shall immediately inform all Members of the Commission
of all proposals for amendments.
- No action on a proposal of amendment to the Agreement
shall be taken by the Commission at any session unless
it has been included in the provisional Agenda of
the session.
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Rule
XVI: Amendment of Rules |
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Amendments
or additions to these Rules may be adopted on the motion
of any delegation by a two-thirds majority of the Members
of the Commission at any plenary meeting of the Commission
provided that copies of the proposals for amendment or
addition have been distributed or circulated to the delegations
at least 60 days before the session of the Commission.
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Rule
XVII: Official languages |
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The
official languages of the Commission shall be English
and French. |
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