2005/26/EG: Beschluss des Rates vom 25. Oktober 2004 über die Unterzeichnung, im Namen der Europäischen Gemeinschaft, des Übereinkommens zur Stärkung der Interamerikanischen Kommission für Tropischen Thunfisch, die mit dem Übereinkommen aus dem Jahr 1949 zwischen den Vereinigten Staaten von Amerika und der Republik Costa Rica eingesetzt wurde („Antigua-Übereinkommen“)

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cooperate with subregional, regional, and global fishery organizations and arrangements and, as appropriate, shall establish relevant institutional arrangements such as consultative committees, in agreement with such organizations or arrangements, with the goal of promoting the achievement of the objective of this Convention, obtaining the best available scientific information, and avoiding duplication with respect to their work. 2. The Commission, in agreement with the relevant organizations or arrangements, shall adopt the rules of operation for the institutional arrangements established in accordance with paragraph 1 of this Article. 3. Where the Convention Area overlaps with an area under regulation by another fisheries management organization, the Commission shall cooperate with such other organization in order to ensure that the objective of this Convention is reached. To this end, through consultations or other arrangements, the Commission shall strive to agree with the other organization on the relevant measures to be taken, such as ensuring the harmonization and compatibility of the conservation and management measures adopted by the Commission and the other organization, or deciding that the Commission or the other organization, as appropriate, avoid taking measures in respect of species in that area which are regulated by the other. 4. The provisions of paragraph 3 of this Article shall be applied, as appropriate, to the case of fish stocks that migrate through areas under the purview of the Commission and of another organization or organizations or arrangements. PART VII SETTLEMENT OF DISPUTES Article XXV Settlement of disputes 1. The members of the Commission shall cooperate in order to prevent disputes. Any member may consult with one or more members about any dispute related to the interpretation or application of the provisions of this Convention to reach a solution satisfactory to all as quickly as possible. 2. If a dispute is not settled through such consultation within a reasonable period, the members in question shall consult among themselves as soon as possible in order to settle the dispute through any peaceful means they may agree upon, in accordance with international law. 3. In cases when two or more members of the Commission agree that they have a dispute of a technical nature, and they are unable to resolve the dispute among themselves, they may refer the dispute, by mutual consent, to a non-binding ad hoc expert panel constituted within the framework of the Commission in accordance with the procedures adopted for this purpose by the Commission. The panel shall confer with the members concerned and shall endeavour to resolve the dispute expeditiously without recourse to binding procedures for the settlement of disputes. PART VIII NON-MEMBERS Article XXVI Non-members 1. The Commission and its members shall encourage all States and regional economic integration organizations referred to in Article XXVII of this Convention and, as appropriate, fishing entities referred to in Article XXVIII of this Convention that are not members of the Commission to become members or to adopt laws and regulations consistent with this Convention. 2. The members of the Commission shall exchange information among themselves, either directly or through the Commission, with respect to activities of vessels of non-members that undermine the effectiveness of this Convention. 3. The Commission and its members shall cooperate, consistent with this Convention and international law, to jointly deter vessels of non-members from carrying out activities that undermine the effectiveness of this Convention. To this end, the members shall, inter alia, call to the attention of non-members such activities by their vessels. PART IX FINAL PROVISIONS Article XXVII Signature 1. This Convention shall be open for signature at Washington from 14 November 2003, until 31 December 2004 by: (a) the Parties to the 1949 Convention; (b) States not Party to the 1949 Convention with a coastline bordering the Convention Area; and (c) States and regional economic integration organizations which are not Parties to the 1949 Convention and whose vessels have fished for fish stocks covered by this Convention at any time during the four years preceding the adoption of this Convention and that participated in the negotiation of this Convention; and (d) other States which are not Parties to the 1949 Convention and whose vessels have fished for fish stocks covered by this Convention at any time during the four years preceding the adoption of this Convention, following consultations with the Parties to the 1949 Convention. 2. In relation to the regional economic integration organizations referred to in paragraph 1 of this Article, no member State of such organizations may sign this Convention unless it represents a territory which lies outside the territorial scope of the treaty establishing the organization and provided that such member State's participation be limited to representing only the interests of that territory. Article XXVIII Fishing entities 1. Any fishing entity whose vessels have fished for fish stocks covered by this Convention at any time during the four years preceding the adoption of this Convention may express its firm commitment to abide by the terms of this Convention and comply with any conservation and management measures adopted pursuant thereto, by: (a) signing, during the period referred to in Article XXVII(1) of this Convention, an instrument drafted to this effect in accordance with a resolution to be adopted by the Commission under the 1949 Convention; and/or (b) during or after the abovementioned period, providing a written communication to the Depositary in accordance with a resolution to be adopted by the Commission under the 1949 Convention. The Depositary shall promptly provide a copy of this communication to all signatories and Parties. 2. The commitment expressed pursuant to paragraph 1 of this Article shall be effective from the date referred to in Article XXXI(1), of this Convention, or on the date of the written communication referred to in paragraph 1 of this Article, whichever is later. 3. Any fishing entity referred to above may express its firm commitment to abide by the terms of this Convention as it may be amended pursuant to Article XXXIV or Article XXXV of this Convention by providing a written communication to this effect to the Depositary in accordance with the resolution referred to in paragraph 1 of this Article. 4. The commitment expressed pursuant to paragraph 3 of this Article shall be effective from the dates referred to in Article XXXIV(3), and Article XXXV(4), of this Convention, or on the date of the written communication referred to in paragraph 3 of this Article, whichever is later. Article XXIX Ratification, acceptance or approval This Convention is subject to ratification, acceptance or approval by the signatories in accordance with their domestic laws and procedures. Article XXX Accession This Convention shall remain open to accession by any State or regional economic integration organization: (a) that meets the requirements of Article XXVII of this Convention; or (b) whose vessels fish for fish stocks covered by this Convention, following consultations with the Parties; or (c) that is otherwise invited to accede on the basis of a decision by the Parties. Article XXXI Entry into force 1. This Convention shall enter into force fifteen (15) months after the deposit with the Depositary of the seventh instrument of ratification, acceptance, approval, or accession of the Parties to the 1949 Convention that were Parties to that Convention on the date this Convention was opened for signature. 2. After the date of entry into force of this Convention, with respect to each State or regional economic integration organization that meets the requirements of Article XXVII or Article XXX, this Convention shall enter into force for said State or regional economic integration organization on the thirtieth (30th) day following the deposit of its instrument of ratification, acceptance, approval, or accession. 3. Upon entry into force of this Convention, this Convention shall prevail, as between Parties to this Convention and the 1949 Convention, over the 1949 Convention. 4. Upon the entry into force of this Convention, conservation and management measures and other arrangements adopted by the Commission under the 1949 Convention shall remain in force until such time as they expire, are terminated by a decision of the Commission, or are replaced by other measures or arrangements adopted pursuant to this Convention. 5. Upon entry into force of this Convention, a Party to the 1949 Convention that has not yet consented to be bound by this Convention shall be deemed to remain a member of the Commission unless such Party elects not to remain a member of the Commission by so notifying the Depositary in writing prior to the entry into force of this Convention. 6. Upon entry into force of this Convention for all Parties to the 1949 Convention, the 1949 Convention shall be considered as terminated in accordance with the relevant rules of international law as reflected in Article 59 of the Vienna Convention on the Law of Treaties. Article XXXII Provisional application 1. In accordance with its laws and regulations, a State or regional economic integration organization that meets the requirements of Article XXVII or Article XXX of this Convention may apply this Convention provisionally by so notifying the Depositary in writing. Such provisional application shall commence on the later of the date of entry into force of this Convention and the date of receipt of such notification by the Depositary. 2. Provisional application of this Convention by a State or regional economic integration organization referred to in paragraph 1 of this Article shall terminate upon entry into force of this Convention for that State or regional economic integration organization, or upon notification to the Depositary by that State or regional economic integration organization of its intention to terminate its provisional application of this Convention. Article XXXIII Reservations No reservations may be made to this Convention. Article XXXIV Amendments 1. Any member of the Commission may propose an amendment to the Convention by providing to the Director the text of a proposed amendment at least sixty (60) days in advance of a meeting of the Commission. The Director shall provide a copy of this text to all other members promptly. 2. Amendments to the Convention shall be adopted in accordance with Article IX, paragraph 2, of this Convention. 3. Amendments to this Convention shall enter into force ninety (90) days after all Parties to the Convention at the time the amendments were approved have deposited their instruments of ratification, acceptance, or approval of such amendments with the Depositary. 4. States or regional economic integration organizations that become Parties to this Convention after the entry into force of amendments to the Convention or its annexes shall be considered to be Party to the Convention as amended. Article XXXV Annexes 1. The Annexes to this Convention form an integral part thereof and, unless expressly provided otherwise, a reference to this Convention includes a reference to the Annexes thereto. 2. Any member of the Commission may propose an amendment to an Annex to the Convention by providing to the Director the text of a proposed amendment at least sixty (60) days in advance of a meeting of the Commission. The Director shall provide a copy of this text to all other members promptly. 3. Amendments to the Annexes shall be adopted in accordance with Article IX, paragraph 2, of this Convention. 4. Unless otherwise agreed, amendments to an Annex shall enter into force for all members of the Commission ninety (90) days after their adoption pursuant to paragraph 3 of this Article. Article XXXVI Withdrawal 1. Any Party may withdraw at any time after twelve (12) months from the date on which this Convention entered into force with respect to that Party by giving written notice of withdrawal to the Depositary. The Depositary shall inform the other Parties of the withdrawal within thirty (30) days of receipt of such notice. The withdrawal shall become effective six (6) months after receipt of such notice by the Depositary. 2. This article applies, mutatis mutandis, to any fishing entity with respect to its commitment under Article XXVIII of this Convention. Article XXXVII Depositary The original texts of this Convention shall be deposited with the Government of the United States of America, which shall send certified copies thereof to the signatories and the Parties thereto, and to the Secretary-General of the United Nations for registration and publication, pursuant to Article 102 of the Charter of the United Nations. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having been duly authorized by their respective Governments, have signed this Convention. DONE at Washington, on this 14th day of November 2003, in English, Spanish and French, all three texts being equally authentic. ANNEX I GUIDELINES AND CRITERIA FOR THE ESTABLISHMENT OF RECORDS OF VESSELS 1. In application of Article XII(k) of paragraph 2, of this Convention, each Party shall maintain a record of vessels entitled to fly its flag and authorized to fish in the Convention Area for fish stocks covered by this Convention, and shall ensure that the following information for all such vessels is entered in that record: (a) Name of vessel, registration number, previous names (if known) and port of registry; (b) A photograph of the vessel showing its registration number; (c) Name and address of owner or owners; (d) Name and address of operator(s) and/or manager(s) if any; (e) Previous flag (if known and if any); (f) International Radio Call Sign (if any); (g) Where and when built; (h) Type of vessel; (i) Type of fishing methods; (j) Length, beam and moulded depth; (k) Gross tonnage; (l) Power of main engine or engines; (m) The nature of the authorization to fish granted by the flag State; (n) Freezer type, freezer capacity, and number and capacity of fish holds. 2. The Commission may decide to exempt vessels from the requirements of paragraph 1 of this Annex on the basis of their length or other characteristic. 3. Each Party shall provide to the Director, in accordance with the procedures established by the Commission, the information referred to in paragraph 1 of this Annex and shall promptly notify the Director of any modifications to such information. 4. Each Party shall also promptly inform the Director of: (a) any additions to the record; (b) deletions from the record by reason of: (i) the voluntary relinquishment or non-renewal of the fishing authorization by the owner or operator of the vessel; (ii) the withdrawal of the fishing authorization issued to the vessel in accordance with Article XX, paragraph 2, of this Convention; (iii) the fact that the vessel is no longer entitled to fly its flag; (iv) the scrapping, decommissioning or loss of the vessel; and (v) any other reason, specifying which of the reasons listed above are applicable. 5. This Annex applies, mutatis mutandis, to fishing entities that are members of the Commission. ANNEX II PRINCIPLES AND CRITERIA FOR THE PARTICIPATION OF OBSERVERS AT MEETINGS OF THE COMMISSION 1. The Director shall invite to meetings of the Commission convened pursuant to Article VIII of this Convention intergovernmental organizations whose work is relevant to the implementation of this Convention, as well as non-Parties interested in conservation and sustainable use of the fish stocks covered by this Convention that so request. 2. Non-governmental organizations (NGOs) referred to in Article XVI(2) of this Convention shall be eligible to participate as observers in all meetings of the Commission and its subsidiary bodies convened pursuant to Article VIII of this Convention, except meetings held in executive session or meetings of Heads of Delegation. 3. Any NGO desiring to participate as an observer in a meeting of the Commission shall notify the Director of its request to participate at least fifty (50) days in advance of the meeting. The Director shall notify the members of the Commission of the names of such NGOs, together with the information specified in paragraph 6 of this Annex, at least forty-five (45) days prior to the beginning of the meeting. 4. If a meeting of the Commission is held with less than fifty (50) days’ notice, the Director shall have greater flexibility concerning the time frames established in paragraph 3 of this Annex. 5. An NGO wishing to participate in the meetings of the Commission and its subsidiary bodies may also be allowed to do so on an annual basis, subject to paragraph 7 of this Annex. 6. Requests for participation referred to in paragraphs 3, 4 and 5 of this Annex shall include the name and office locations of the NGO, and a description of its mission and how its mission and activities are related to the work of the Commission. Such information shall be updated if necessary. 7. An NGO desiring to participate as an observer may do so unless at least one-third of the members of the Commission object for cause in writing to such participation. 8. All observers admitted to a meeting of the Commission shall be sent or otherwise provided the same documentation generally available to the members of the Commission, except documentation containing business-confidential data. 9. Any observer admitted to a meeting of the Commission may: (a) attend meetings, subject to paragraph 2 of this Annex, but not vote; (b) make oral statements during the meetings upon the invitation of the Chairman; (c) distribute documents at the meeting, with the approval of the Chairman; and (d) engage in other activities, as appropriate and as approved by the Chairman. 10. The Director may require non-Party and NGO observers to pay reasonable fees, and to cover costs attributable to their attendance. 11. All observers admitted to a meeting of the Commission shall comply with all rules and procedures applicable to other participants in the meeting. 12. Any NGO that does not comply with the requirements of paragraph 11 of this Annex shall be excluded from further participation in meetings, unless the Commission decides otherwise. ANNEX III COMMITTEE FOR THE REVIEW OF IMPLEMENTATION OF MEASURES ADOPTED BY THE COMMISSION The functions of the Committee for the Review of Implementation of Measures Adopted by the Commission established under Article X of this Convention shall be the following: (a) review and monitor compliance with conservation and management measures adopted by the Commission, as well as cooperative measures referred to in Article XVIII(9), of this Convention; (b) analyze information by flag or, when information by flag would not cover the relevant case, by vessel, and any other information necessary to carry out its functions; (c) provide the Commission with information, technical advice and recommendations relating to the implementation of, and compliance with, conservation and management measures; (d) recommend to the Commission means of promoting compatibility among the fisheries management measures of the members of the Commission; (e) recommend to the Commission means to promote the effective implementation of Article XVIII(10), of this Convention; (f) in consultation with the Scientific Advisory Committee, recommend to the Commission the priorities and objectives of the program for data collection and monitoring established in Article VII(i) of paragraph 1, of this Convention and assess and evaluate the results of that program; (g) perform such other functions as the Commission may direct. ANNEX IV SCIENTIFIC ADVISORY COMMITTEE The functions of the Scientific Advisory Committee established under Article XI of this Convention shall be the following: (a) review the plans, proposals and research programs of the Commission, and provide to the Commission such advice as may be appropriate; (b) review any relevant assessments, analyses, research or work, as well as recommendations prepared for the Commission by its scientific staff prior to consideration of such recommendations by the Commission, and to provide additional information, advice and comments, as warranted, to the Commission on these matters; (c) recommend to the Commission specific issues and items to be addressed by the scientific staff as part of its future work; (d) in consultation with the Committee for the Review of the Implementation of Measures Adopted by the Commission, recommend to the Commission the priorities and objectives of the program for data collection and monitoring established in Article VII(i) of paragraph 1, of this Convention and assess and evaluate the results of that program; (e) assist the Commission and the Director in locating sources of funding to conduct the research to be undertaken under this Convention; (f) develop and promote cooperation between and among the members of the Commission through their research institutions, with the purpose of expanding the knowledge and understanding of the fish stocks covered by this Convention; (g) promote and facilitate, as appropriate, the cooperation of the Commission with other national and international public or private organizations with similar objectives; (h) consider any matter referred to it by the Commission; (i) perform such other functions and tasks as may be requested or assigned to it by the Commission.