Agreement on the Conservation of Cetaceans of the Black Sea the Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS)
Done at: Monaco
Date enacted: 1996-11-24
In force: 2001-06-01
The Parties,
Recalling that the Convention on the Conservation of Migratory Species of Wild Animals, 1979, encourages international co-operative action to conserve migratory species;
Recalling further that the third meeting of the Conference of the Parties to the Convention, held in Geneva in September 1991, urged Range States to collaborate with a view to concluding, under the Convention's auspices, a multilateral agreement for the conservation of small cetaceans of the Mediterranean and Black Seas;
Recognizing that cetaceans are an integral part of the marine ecosystem which must be conserved for the benefit of present and future generations, and that their conservation is a common concern;
Recognizing the importance of integrating actions to conserve cetaceans with activities related to the socio-economic development of the Parties concerned by this Agreement, including maritime activities such as fishing and the free circulation of vessels in accordance with international law;
Aware that the conservation status of cetaceans can be adversely affected by factors such as degradation and disturbance of their habitats, pollution, reduction of food resources, use and abandonment of non-selective fishing gear, and by deliberate and incidental catches;
Convinced that the vulnerability of cetaceans to such threats warrants the implementation of specific conservation measures, where they do not already exist, by States or regional economic integration organizations that exercise sovereignty and/or jurisdiction over any part of their range, and by States, flag vessels of which are engaged outside national jurisdictional limits in activities that may affect the conservation of cetaceans;
Stressing the need to promote and facilitate co-operation among States, regional economic integration organizations, intergovernmental organizations and the non governmental sector for the conservation of cetaceans of the Black Sea, Mediterranean Sea, the waters which interconnect these seas, and the contiguous Atlantic area;
Convinced that the conclusion of a multilateral agreement and its implementation through co-ordinated, concerted actions will contribute significantly to the conservation of cetaceans and their habitats in the most efficient manner, and will have ancillary benefits for other species;
Acknowledging that, despite past or ongoing scientific research, knowledge of the biology, ecology, and population dynamics of cetaceans is deficient, and that it is necessary to develop co-operation for research and monitoring of these species in order to fully implement conservation measures;
Acknowledging further that effective implementation of such an agreement will require that assistance be provided, in a spirit of solidarity, to some Range States for research, training, and monitoring of cetaceans and their habitats, as well as for the establishment or improvement of scientific and administrative institutions;
Recognizing the importance of other global and regional instruments of relevance to the conservation of cetaceans, signed by many Parties, such as the International Convention for the Regulation of Whaling, 1946; the Convention for the Protection of the Mediterranean Sea against Pollution, 1976, its related protocols and the Action Plan for the Conservation of Cetaceans in the Mediterranean Sea adopted under its auspices in 1991; the Convention on the Conservation of European Wildlife and Natural Habitats, 1979; the United Nations Convention on the Law of the Sea, 1982; the Convention on Biological Diversity, 1992; the Convention for the Protection of the Black Sea against Pollution, 1992; and the Global Plan of Action for the Conservation, Management and Utilization of Marine Mammals of the United Nations Environment Programme, adopted in 1984; as well as initiatives of inter alia the General Fisheries Council for Mediterranean, the International Commission for Scientific Exploration of the Mediterranean, and the International Commission for the Conservation of Atlantic Tunas;
Have agreed as follows:
Article I
Scope, definitions and interpretation
1. |
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2. |
This Agreement applies to all cetaceans that have a range which lies entirely or partly within the Agreement area or that accidentally or occasionally frequent the Agreement area, an indicative list of which is contained in Annex 1 to this Agreement. |
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3. |
For the purpose of this Agreement:
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4. |
This Agreement is an agreement within the meaning of Article IV, paragraph 4, of the Convention. |
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5. |
The annexes to this Agreement form an integral part thereof, and any reference to the Agreement includes a reference to its annexes. |
Article II
Purpose and conservation measures
1. |
Parties shall take co-ordinated measures to achieve and maintain a favourable conservation status for cetaceans. To this end, Parties shall prohibit and take all necessary measures to eliminate, where this is not already done, any deliberate taking of cetaceans and shall co-operate to create and maintain a network of specially protected areas to conserve cetaceans. |
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2. |
Any Party may grant an exception to the prohibition set out in the preceding paragraph only in emergency situations as provided for in Annex 2, paragraph 6, or, after having obtained the advice of the Scientific Committee, for the purpose of non-lethal in situ research aimed at maintaining a favourable conservation status for cetaceans. The Party concerned shall immediately inform the Bureau and the Scientific Committee, through the Agreement secretariat, of any such exception that has been granted. The Agreement secretariat shall inform all Parties of the exception without delay by the most appropriate means. |
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3. |
In addition, Parties shall apply, within the limits of their sovereignty and/or jurisdiction and in accordance with their international obligations, the conservation, research and management measures prescribed in Annex 2 to this Agreement, which shall address the following matters:
Measures concerning fisheries activities shall be applied in all waters under their sovereignty and/or jurisdiction and outside these waters in respect of any vessel under their flag or registered within their territory. |
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4. |
In implementing the measures prescribed above, the Parties shall apply the precautionary principle. |
Article III
Meeting of the Parties
1. |
The Meeting of the Parties shall be the decision-making body of this Agreement. |
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2. |
The Depository shall convene, in consultation with the Secretariat of the Convention, a session of the Meeting of the Parties to this Agreement not later than one year after the date of its entry into force. Thereafter, the Agreement secretariat shall convene, in consultation with the Secretariat of the Convention, ordinary sessions of the Meeting of the Parties at intervals of not more than three years, unless the Meeting of the Parties decides otherwise. |
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3. |
The Agreement secretariat shall convene an extraordinary session of the Meeting of the Parties on the written request of at least two thirds of the Parties. |
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4. |
The United Nations, its Specialized Agencies, the International Atomic Energy Agency, any State not a Party to this Agreement, secretariats of other global and regional conventions or agreements concerned inter alia with the conservation of cetaceans, and regional or subregional fisheries management organizations with competence for species found temporarily or permanently resident in the Agreement area may be represented by observers in sessions of the Meeting of the Parties. Any other agency or body technically qualified in the conservation of cetaceans may be represented at sessions of the Meeting of the Parties by observers, unless at least one third of the Parties present object. Once admitted to a session of the Meeting of the Parties, an observer shall continue to be entitled to participate in future sessions unless one third of the Parties object at least thirty days before the start of the session. |
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5. |
Only Parties have the right to vote. Each Party shall have one vote. Regional economic integration organizations which are Parties to this Agreement shall exercise, in matters within their competence, their right to vote with a number of votes equal to the number of their member States which are Parties to the Agreement. A regional economic integration organization shall not exercise its right to vote if its member States exercise theirs and vice versa. |
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6. |
All decisions of the Meeting of the Parties shall be adopted by consensus except as otherwise provided in Article X of this Agreement. However, if consensus cannot be achieved in respect of matters covered by the annexes to the Agreement, a decision may be adopted by a two thirds majority of the Parties present and voting. In the event of a vote, any Party may, within one hundred and fifty days, notify the Depository in writing of its intention not to apply the said decision. |
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7. |
At its first session, the Meeting of the Parties shall:
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8. |
At each of its ordinary sessions, the Meeting of the Parties shall:
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Article IV
Agreement Secretariat
1. |
Subject to the approval of the Conference of the Parties to the Convention, an Agreement secretariat shall be established within the Secretariat of the Convention. If the Secretariat of the Convention is unable, at any time, to provide this function, the Meeting of the Parties shall make alternative arrangements. |
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2. |
The functions of the Agreement secretariat shall be:
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3. |
The Agreement secretariat, in consultation with the Scientific Committee and the Co-ordination units, shall facilitate the preparation of guidelines covering inter alia:
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Article V
Co-ordination units
1. |
The functions of the subregional Co-ordination units shall be:
The designation of the Co-ordination units and their functions shall be reviewed, as appropriate, at each session of the Meeting of the Parties. |
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2. |
Each Co-ordination unit, in consultation with the Scientific Committee and the Agreement secretariat, shall facilitate the preparation of a series of international reviews or publications, to be updated regularly, including:
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Article VI
Bureau
1. |
The Meeting of the Parties shall elect a Bureau consisting of the Chairperson and Vice-Chairpersons of the Meeting of the Parties, and shall adopt rules of procedure for the Bureau, as proposed by the Agreement secretariat. The Chairperson of the Scientific Committee shall be invited to participate as an observer in the meetings of the Bureau. Whenever necessary, the Agreement secretariat shall provide secretariat services. |
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2. |
The Bureau shall:
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3. |
At the request of its Chairperson, the Bureau shall normally meet once per annum at the invitation of the Agreement secretariat, which shall inform all Parties of the date, venue and agenda of such meetings. |
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4. |
The Bureau shall provide a report on its activities for each session of the Meeting of the Parties which will be circulated to all Parties in advance of the session by the Agreement secretariat. |
Article VII
Scientific Committee
1. |
A Scientific Committee, comprising persons qualified as experts in cetacean conservation science, shall be established as an advisory body to the Meeting of the Parties. The Meeting of the Parties will entrust the functions of the Scientific Committee to an existing organization in the Agreement area that assures geographically-balanced representation. |
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2. |
Meetings of the Scientific Committee shall be convened by the Agreement secretariat at the request of the Meeting of the Parties. |
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3. |
The Scientific Committee shall:
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4. |
The Scientific Committee, in consultation with the Bureau and the respective Co-ordination units, may establish working groups as may be necessary to deal with specific tasks. The Meeting of the Parties shall agree a fixed budget allocation for this purpose. |
Article VIII
Communication and reporting
Each Party shall:
a. |
designate a focal point for this Agreement, and shall communicate without delay the focal point's name, address and telecommunication numbers to the Agreement secretariat, for prompt circulation to the other Parties and to the Co-ordination units; and |
b. |
prepare for each ordinary session of the Meeting of the Parties, beginning with the second session, a report on its implementation of the Agreement with particular reference to the conservation measures and scientific research and monitoring it has undertaken. The format of such reports shall be determined by the first session of the Meeting of the Parties and reviewed as may be necessary at any subsequent session. Each report shall be submitted to the Agreement secretariat not less than one hundred and twenty days before the opening of the session of the Meeting of the Parties for which it has been prepared, and copies shall be circulated forthwith to the other Parties by the Agreement secretariat. |
Article IX
Financial arrangements
1. |
The scale of contributions to the budget of this Agreement shall be determined by the Meeting of the Parties at its first session. No regional economic integration organization shall be required to contribute more than 2.5 per cent of the administrative costs. |
2. |
Decisions relating to the budget and any changes to the scale of contributions that may be found necessary shall be adopted by the Meeting of the Parties by consensus. |
3. |
The Meeting of the Parties may establish a supplementary conservation fund from voluntary contributions of Parties or from any other source in order to increase the funds available for monitoring, research, training and projects relating to the conservation of cetaceans. |
4. |
Parties are also encouraged to provide technical and financial support on a bilateral or multilateral basis to assist Range States which are developing countries or countries with economies in transition to implement the provisions of this Agreement. |
5. |
The Agreement secretariat shall undertake periodically a review of potential mechanisms for providing additional resources, including funds and technical assistance, for the implementation of this Agreement, and shall report its findings to the Meeting of the Parties. |
Article X
Amendment of the Agreement
1. |
This Agreement may be amended at any ordinary or extraordinary session of the Meeting of the Parties. |
2. |
Proposals for amendments to the Agreement may be made by any Party. The text of any proposed amendment and the reasons for it shall be communicated to the Agreement secretariat not less than one hundred and fifty days before the opening of the session. The Agreement secretariat shall transmit copies forthwith to the Parties. Any comments on the text by the Parties shall be communicated to the Agreement secretariat not less than sixty days before the opening of the session. The Secretariat shall communicate to the Parties, as soon as possible after the last day for submission of comments, all comments submitted by that day. |
3. |
Any additional annex or any amendment to the Agreement other than an amendment to its annexes shall be adopted by a two thirds majority of the Parties present and voting and shall enter into force for those Parties which have accepted it on the thirtieth day after the date on which two-thirds of the Parties to the Agreement at the date of the adoption of the additional annex or amendment have deposited their instruments of acceptance with the Depositary. For any Party that deposits an instrument of acceptance after the date on which two thirds of the Parties have deposited their instruments of acceptance, the additional annex or amendment shall enter into force on the thirtieth day after the date on which it deposits its instrument of acceptance. |
4. |
Any amendment to an annex to the Agreement shall be adopted by a two thirds majority of the Parties present and voting and shall enter into force for all Parties on the one hundred and fiftieth day after the date of its adoption by the Meeting of the Parties, except for Parties that have entered a reservation in accordance with paragraph 5 of this Article. |
5. |
During the period of one hundred and fifty days provided for in paragraph 4 of this Article, any Party may by written notification to the Depositary enter a reservation with respect to an amendment to an annex to the Agreement. Such reservation may be withdrawn by written notification to the Depositary, and thereupon the amendment shall enter into force for that Party on the thirtieth day after the date of withdrawal of the reservation. |
Article XI
Effect of this Agreement on legislation and international conventions
1. |
The provisions of this Agreement shall not affect the right of any Party to maintain or adopt more stringent measures for the conservation of cetaceans and their habitats, nor the rights or obligations of any Party deriving from any existing treaty, convention or agreement to which it is a party, except where the exercise of those rights and obligations would threaten the conservation of cetaceans. |
2. |
Parties shall implement this Agreement consistently with their rights and obligations arising under the law of the sea. |
Article XII
Settlement of disputes
1. |
Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of this Agreement shall be subject to negotiation between the Parties involved in the dispute, or to mediation or conciliation by a third party if this is acceptable to the Parties concerned. |
2. |
If the dispute cannot be resolved in accordance with paragraph 1 of this Article, the Parties may by mutual consent submit the dispute to arbitration or judicial settlement. The Parties submitting the dispute shall be bound by the arbitral or judicial decision. |
Article XIII
Signature, ratification, acceptance, approval or accession
1. |
This Agreement shall be open for signature by any Range State, whether or not areas under its jurisdiction lie within the Agreement area, or regional economic integration organization, at least one member of which is a Range State, either by:
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2. |
This Agreement shall remain open for signature at Monaco until the date of its entry into force. |
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3. |
This Agreement shall be open for accession by any Range State or regional economic integration organization mentioned in paragraph 1, above, on and after the date of entry into force of the Agreement. |
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4. |
Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary. |
Article XIV
Entry into force
1. |
This Agreement shall enter into force on the first day of the third month following the date on which at least seven coastal States of the Agreement area or regional economic integration organizations, comprising at least two from the subregion of the Black Sea and at least five from the subregion of the Mediterranean Sea and contiguous Atlantic area, have signed without reservation in respect of ratification, acceptance or approval, or have deposited their instruments of ratification, acceptance or approval in accordance with Article XIII of this Agreement. |
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2. |
For any Range State or regional economic integration organization which has:
this Agreement after the date on which the number of Range States and regional economic integration organizations necessary to enable entry into force have signed it without reservation or have ratified, accepted or approved it, this Agreement shall enter into force on the first day of the third month following the signature without reservation, or deposit, by that State or organization, of its instrument of ratification, acceptance, approval or accession. |
Article XV
Reservations
The provisions of this Agreement shall not be subject to general reservations. However, a specific reservation may be entered by any State in respect of a specifically delimited part of its internal waters, on signature without reservation in respect of ratification, acceptance or approval or, as the case may be, on the deposit of its instrument of ratification, acceptance, approval or accession. Such a reservation may be withdrawn at any time by the State which had entered it by notification in writing to the Depositary; the State concerned shall not be bound by the application of the Agreement to the waters which are the object of the reservation until thirty days after the date on which the reservation has been withdrawn.
Article XVI
Denunciation
Any Party may denounce this Agreement at any time by written notification to the Depositary. The denunciation shall take effect twelve months after the date on which the Depositary has received the notification.
Article XVII
Depositary
1. |
The original of this Agreement, in the Arabic, English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Government of the Principality of Monaco, which shall be the Depositary. The Depositary shall transmit certified copies of the Agreement to all States and regional economic integration organizations referred to in Article XIII, paragraph 1, of this Agreement, and to the Agreement secretariat after it has been established. |
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2. |
As soon as this Agreement enters into force, a certified copy thereof shall be transmitted by the Depositary to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. |
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3. |
The Depositary shall inform all States and regional economic integration organizations that have signed or acceded to the Agreement, and the Agreement secretariat, of:
The Depositary shall transmit to all States and regional economic integration organizations that have signed or acceded to this Agreement, and to the Agreement secretariat, the text of any reservation, any additional annex and any amendment to the Agreement or to its annexes. |
In witness whereof the undersigned, being duly authorized to that effect, have signed this Agreement.
Done at Monaco on the twenty-fourth day of November 1996
Annex 1
Indicative list of cetaceans of the Black Sea to which this Agreement applies
[List omitted]
Indicative list of cetaceans of the Mediterranean Sea and the Contiguous Atlantic Area to which this Agreement applies
[List omitted]
Annex 2
Conservation Plan
[Omitted]