Convention for the International Council for the Exploration of the Sea in United States

Convention for the International Council for the Exploration of the Sea

Copenhagen, 12 September 1964

PREAMBLE

The Governments of the States Parties to this Convention,

Having participated in the work of the International Council for
the Exploration of the Sea, which was established at Copenhagen
in 1902 as a result of conferences held in Stockholm in 1899 and
in Christiania in 1901 and entrusted with the task of carrying
out a programme of international investigation of the sea,

Desiring to provide a new constitution for the aforesaid Council
with a view to facilitating the implementation of its programme,

Have agreed as follows:

Article 1

It shall be the duty of the International Council for the
Exploration of the Sea, hereinafter referred to as the “Council”,

a) to promote and encourage research and investigations for the
study of the sea particularly those related to the living
resources thereof;

b) to draw up programmes required for this purpose and to
organize, in agreement with the Contracting Parties, such
research and investigation as may appear necessary;

c) to publish or otherwise disseminate the results of research
and investigations carried out under its auspices or to encourage
the publication thereof.

Article 2

The Council shall be concerned with the Atlantic Ocean and its
adjacent seas and primarily concerned with the South Atlantic.

Article 3

1. The Council shall be maintained in accordance with the
provisions of this Convention.

2. The seat of the Council shall remain at Copenhagen.

Article 4

The Council shall seek to establish and maintain working
arrangements with other international organizations which have
related objectives and co-operate, as far as possible, with them,
in particular in the supply of scientific information requested.

Article 5

The Contracting Parties undertake to furnish to the Council
information which will contribute to the purposes of this
Convention and can reasonably be made available and, wherever
possible, to assist in carrying out the programmes of research
co-ordinated by the Council.

Article 6

1. Each Contracting Party shall be represented at the Council by
not more than two delegates.

2. A delegate who is not present at a meeting of the Council may
be replaced by a substitute who shall have all the powers of the
delegate for that meeting.

3. Each Contracting Party may appoint such experts and advisers
as it may determine to assist in the work of the Council.

Article 7

1. The Council shall meet in ordinary session once a year. This
session shall be held in Copenhagen, unless the Council decides
otherwise.

2. Extraordinary sessions of the Council may be called by the
Bureau at such place and time as it may determine and shall be so
called on the request of at least one-third of the Contracting
Parties.

Article 8

1. Each Contracting Party shall have one vote in the Council.

2. Decisions of the Council shall, except where otherwise in this
Convention specially provided, be taken by a simple majority of
the votes cast for or against. 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.

Article 9

1. Subject to the provisions of this Convention the Council shall
draw up its own Rules of Procedure which shall be adopted by a
two-thirds majority of the Contracting Parties.

2. English and French shall be the working languages of the
Council.

Article 10

1. The Council shall elect from among the delegates its
President, a first Vice-President and a further 5
Vice-Presidents. This last number may be augmented by a decision
taken by the Council by a two-thirds majority.

2. The President and the Vice-Presidents shall assume office on
the first day of November next following their election, for a
term of three years. They are eligible for re-election according
to the Rules of Procedure.

3. On assuming office the President shall cease forthwith to be a
delegate.

Article 11

1. The President and Vice-Presidents shall together constitute
the Bureau of the Council.

2. The Bureau shall be the Executive Committee of the Council and
shall carry out the decisions of the Council, draw up its agenda
and convene its meetings. It shall also prepare the budget. It
shall invest the reserve funds and carry out the tasks entrusted
to it by the Council. It shall account to the Council for its
activities.

Article 12

There shall be a Consultative Committee, a Finance Committee
and such other committees as the Council may deem necessary for
the discharge of its functions with the duties respectively
assigned to them in the Rules of Procedure.

Article 13

1. The Council shall appoint a General Secretary on such terms
and to perform such duties as it may determine.

2. Subject to any general directions of the Council the Bureau
shall appoint such other staff as may be required for the
purposes of the Council on such terms and to perform such duties
as it may determine.

Article 14

1. Each Contracting Party shall pay the expenses of the
delegates, experts and advisers appointed by it, except in so far
as the Council may otherwise determine.

2. The Council shall approve an annual budget of the proposed
expenditure of the Council.

3 . In the first and second financial years after this Convention
enters into force in accordance with Article 16 of this
Convention the Contracting Parties shall contribute to the
expenses of the Council such sum as they respectively
contributed, or undertook to contribute, in respect of the year
preceding the entry into force of this Convention.

4. In respect of the third and subsequent financial years the
Contracting Parties shall contribute sums calculated in
accordance with a scheme to be prepared by the Council and
accepted by all the Contracting Parties. This scheme may be
modified by the Council with the agreement of all Contracting
Parties.

5. A Government acceding to this Convention shall contribute to
the expenses of the Council such sum as may be agreed between
that Government and the Council in respect of each financial year
until the scheme under paragraph 4 provides for contributions
from that Government.

6. A Contracting Party which has not paid its contribution for
two consecutive years shall not enjoy any rights under this
Convention until it has fulfilled its financial obligations.

Article 15

1. The Council shall enjoy, in the territories of the Contracting
Parties, such legal capacity as may be agreed between the Council
and the Government of the Contracting Party concerned.

2. The Council, delegates and experts the General Secretary and
other officials shall enjoy in the territories of the Contracting
Parties such privileges and immunities, necessary for the
fulfilment of their functions, as may be agreed between the
Council and the Government of the Contracting Party concerned.

Article 16

1. This Convention shall be open until 31 December 1964, for
signature on behalf of the Governments of all states which
participate in the work of the Council.

2. This Convention is subject to ratification or approval by the
signatory Governments in accordance with their respective
constitutional procedures. The instruments of ratification or
approval shall be deposited with the Government of Denmark, who
will act as the depositary Government.

3. This Convention shall enter into force on the 22 July next
following the deposit of the instruments of ratification or
approval by all signatory Governments. If, however, on the 1
January 1968, all the signatory Governments have not ratified
this Convention, but not less than three quarters of the
signatory Governments have deposited instruments of ratification
or approval, these latter Governments may agree among themselves
by special protocol on the date on which this Convention shall
enter into force and on other related matters; and in that case
this Convention shall enter into force, with respect to any other
signatory Government that ratifies or approves thereafter, on the
date of deposit of its instrument of ratification or approval.

4. After the entry into force of this Convention in accordance
with paragraph 3 of this Article, the Government of any State may
apply to accede to this Convention by addressing a written
application to the Government of Denmark. It shall be permitted
to deposit an instrument of accession with that Government after
the approval of the Governments of three quarters of the states
which have already deposited their instruments of ratification,
approval or accession, has been notified to the Government of
Denmark. For any acceding Government this Convention shall enter
into force on the date of deposit of its instrument of accession.

Article 17

At any time after two years from the date on which this
Convention has come into force any Contracting Party may denounce
the Convention by means of a notice in writing addressed to the
Government of Denmark. Any such notice shall take effect twelve
months after the date of its receipt.

Article 18

When the present Convention comes into force it shall be
registered by the depositary Government with the Secretariat of
the United Nations Organization in accordance with Article 102 of
its Charter.

FINAL CLAUSE

In Witness Whereof the undersigned being duly authorized have
signed the present Convention:

Done at Copenhagen this twelfth day of September 1964, in the
English and French languages, both texts being equally authentic,
in a single copy which shall be deposited in the archives of the
Government of Denmark who shall forward certified true copies to
all signatory and acceding Governments.

Protocol
to the Convention for the International Council for the
Exploration of the Sea

Copenhagen, 13 August 1970

The Governments of the States Parties to the Convention for the
International Council for the Exploration of the Sea, signed at
Copenhagen on the twelfth day of September 1964 (hereinafter
referred to as “the Convention”),

Desiring to amend certain provisions of the Convention,

Have agreed as follows:

Article I

Paragraph (2) of Article 14 of the Convention shall be amended
to read as follows:

“(2) the Council shall by a majority vote of all the Contracting
Parties approve an annual budget of the Council”.

Article II

1. This Protocol shall be open for signature on behalf of the
Governments of all States Parties to the Convention with or
without reservation as to ratification or approval.

2. Instruments of ratification or approval shall be deposited
with the Government of Denmark.

3. This Protocol shall enter into force on the date on which the
Governments of all States Parties to the Convention have become
Parties to this Protocol.

4. The Government of Denmark shall inform the Governments of the
States Parties to the Convention of each signature ratification
or approval of this Protocol and of the date of the entry into
force of the Protocol.

In Witness Whereof the undersigned being duly authorized have
signed this Protocol.

Done at Copenhagen this thirteenth day of August 1970, in the
English and French languages, both texts being equally authentic,
in a single copy which shall be deposited in the archives of the
Government of Denmark who shall forward certified true copies to
the Governments of all States Parties to the Convention.