THE CONTRACTING PARTIES
CONSCIOUS of the economic and environmental damage caused by the spread of major communicable fish diseases and the need to take concerted action to control and eventually eradicate such diseases;
AWARE that increasing international traffic in fish and fish eggs without adequate precautionary measures poses a serious danger in this respect, and in particular involves the introduction of certain diseases into countries hitherto free from such diseases;
CONVINCED nevertheless that some international traffic in fish and fish eggs is necessary for the development of aquaculture and for the improvement of fishery resources and the aquatic environment;
RECOGNIZING the need to adopt measures to facilitate international traffic in fish and fish eggs while at the same time ensuring adequate precautions against the spread of communicable fish diseases;
REALIZING that such measures should include international cooperation aimed at the study, prevention, control and eventual eradication of major communicable fish diseases, and that international measures must be based on the development of improved national programmes and institutions for the prevention, control and eradication of communicable fish diseases in both exporting and importing countries;
TAKING INTO ACCOUNT the recommendations of the European Inland Fisheries Advisory Commission (EIFAC) and other competent international organizations regarding the control of the spread of the major communicable fish diseases;
HAVE AGREED AS FOLLOWS:
For the purpose of this Convention:
“Health Certificate” means the International Fish Health Certificate referred to in Article 4
“Fish or Fish Eggs” means live fish or live fish eggs of species listed in Annex I to this Convention
“Certifying Authority” means a certifying authority designated or established in accordance with Article 5
“Certifying Officer” means an officer so designated by a certifying authority.
The Contracting Parties shall take all measures in accordance with the provisions of this Convention, including legislative measures, to prevent and control the spread of communicable fish diseases through international traffic in fish and fish eggs.
Note: Some delegations favoured the retention in the text as paragraph (1) of the following provision:
“No fish or fish eggs shall be exported from the territory of a Contracting Party to the territory of another Contracting Party unless such fish or fish eggs are accompanied by a valid health certificate issued by a Certifying Officer in accordance with the provisions of Article 4 of this Convention.”
However, a majority of delegations considered that such additional controls were unnecessary and would, in some cases, cause administrative and legal difficulties.
No fish or fish eggs shall be imported into the territory of a Contracting Party unless they are accompanied by a valid health certificate issued by a Certifying Officer on behalf of the Certifying Authority of the exporting Contracting Party, or, in the case of fish or fish eggs imported from the territory of a State which is not a Contracting Party, they are accompanied by a certificate or other document giving at least an equal guarantee as to the state of health of the fish or fish eggs.
Alternative A
No fish or fish eggs shall be exported from fish farms fed by the same water system when in fish or fish eggs of one of these farms a contagious disease (a pathogenic entity) not listed in Annex IV has officially been stated, until it has been officially stated by the Certifying Authority that the farm is free from that disease or that the disease does not present a significant threat.
Alternative B
When any occurrence of an unidentified disease of fish or fish eggs in any fish culture establishment within its jurisdiction is notified to the Certifying Authority of a Contracting Party, that Certifying Authority shall suspend the issuance of health certificates in respect of exports of fish or fish eggs to other Contracting Parties from such fish culture establishments and from any other fish culture establishments situated downstream from such establishments, until such time as the Certifying Authority certifies that such establishment is free from that disease or that the disease does not present a significant threat.
Alternative C
No fish or fish eggs shall be certified from fish farms fed by a water system where upstreams in a fish farm high mortality of presumed contagious nature in fish (and fish eggs) has been observed, until it has been officially stated that the disease is not one of the coded diseases or that the disease does not present a significant threat.
If the certificate of the fish or fish eggs is not in conformity with the provisions of this Convention, the Contracting Party of destination shall refuse entry to the consignment and shall notify the exporter or his agent to dispose of the consignment within a reasonable specified period of time. If the consignment is not so disposed of within that period of time, the Contracting Party of destination may destroy the consignment without any compensation.
The provisions of paragraph 1 of this Article shall not apply to fish or fish eggs in transit through the territory of a Contracting Party provided that the fish or fish eggs are not released from their containers and that no water or packing material is released from such containers otherwise than in accordance with any regulations specified by that Contracting Party and further provided that any Contracting Party may require that such fish or fish eggs be accompanied by the appropriate health certificate.
Notwithstanding the provisions of paragraph 1 above, the Certifying Authority of any Contracting Party may authorize the importation of specimens of fish or fish eggs for purposes of bona fide scientific research including research related to fish diseases, provided that all necessary measures are taken to avoid any spread of communicable fish diseases and that the research establishment has been approved in this respect by the appropriate Certifying Authority.
The provisions of paragraphs (1) and (2) of this Article shall not enter into force until two years after the entry into force of this Convention.
Alternative A
Nothing in this Convention shall derogate from the right of any Contracting Party to apply any additional measures of control, including additional certification requirements and measures of inspection, diagnosis and quarantine, to fish or fish eggs imported into its territory, where it considers such measures to be necessary. If within the territory of a Contracting Party a new communicable fish disease should occur or an already existing communicable fish disease should rapidly spread within that territory, the other Contracting Parties may temporarily prohibit or limit the import of fish or fish eggs from the territory of that Contracting Party, or allow such import only under conditions supplementary to certification. Each Contracting Party shall notify the Secretariat of any additional measures of control, including any temporary prohibition or limitation of imports, imposed under this paragraph, and shall state in such notification the reasons for such measures and the diseases covered by them. Such notifications shall be communicated forthwith by the Secretariat to the other Contracting Parties.
Alternative B
Nothing in this Convention shall derogate from the right of any Contracting Party to apply any additional measures of control including any total prohibition of imports. Each Contracting Party shall notify the Secretariat of any additional measures of control, including any prohibition or limitation of imports, imposed under this paragraph and shall state in such notification the reasons for such measures and the diseases covered by them. Such notifications shall be communicated forthwith by the Secretariat to the other Contracting Parties.
Notes: (1) One delegation expressed the view that paragraph 7 should be deleted entirely. Most delegations, however, felt that Contracting Parties should have the right to impose control measures stricter than those envisaged under the Convention.
(2) One delegation reserved its position as to the possible acceptability of any of the alternative versions of paragraph 2 in view of possible domestic legal and administrative difficulties.
Health certificates shall provide evidence of the health status of fish or fish eggs with respect to the diseases listed in Annex IV relevant to the species concerned;
Health certificates shall be completed by an authorized Certifying Officer and shall be based upon inspections that have involved visits to the site of production, sampling and laboratory diagnosis in accordance with the standard proceedings:
Alternative A
Set out in Annex III to this Convention.
Alternative B
Approved by the Contracting Parties.
Health certificates may be issued only by or on behalf of a Certifying Authority in the exporting Contracting Party.
Health certificates shall be in the forms or incorporate the provisions described in Annex II as appropriate to the species concerned. Health certificates shall be classified in accordance with the level of reliability assured by the methodology used to certify the absence of disease in the relevant water source, the establishment, and/or the zone of origin; and incorporate the considerations for the known exposure to the diseases.
Each Contracting Party shall notify the Secretariat of the types of certificate and level of certification acceptable for imports of fish or fish eggs into its territory. Such notifications shall be communicated forthwith by the Secretariat to the other Contracting Parties and shall enter into effect thirty days after such communication.
Each Contracting Party shall, subject to the provisions of paragraph 5, ensure the prompt clearance at the border of imports of fish and fish eggs accompanied by a valid certificate meeting the relevant requirements notified under the preceding paragraph.
Each Contracting Party shall designate or establish a Certifying Authority or Authorities to be responsible for carrying out inspections and issuing health certificates in accordance with the provisions of this Convention.
Each Certifying Authority shall have access to adequate laboratory facilities and qualified personnel to enable it to carry out inspections and diagnoses in accordance with the provisions of Annex III.
Each Contracting Party shall inform the Secretariat of the identity of its Certifying Authority or Authorities and the Secretariat shall communicate this information to the other Contracting Parties.
Secretariat functions under this Convention shall be performed by the International Office of Epizootics (OIE) within the scope of its powers and in accordance with the rules on which the work of the office is based.
Secretariat functions shall include:
the convening of periodic meetings of the Contracting Parties once every two years, or at such other intervals as the Contracting Parties may decide, and of special meetings of the Contracting Parties at any time on the written request of at least two thirds of the Contracting Parties;
the convening of meetings of the Scientific Advisory Committee in accordance with the provisions of Article 8;
the preparation of the draft budget for consideration by the meeting of Contracting Parties;
conveying to the Contracting Parties concerned all notifications and reports received by the Secretariat in accordance with Articles 4, 5 and 10;
such functions as may be necessary to ensure the full implementation of the provisions of Article 11;
such other functions as may be conferred on it under this Convention or by any meeting of the Contracting Parties.
In the performance of Secretariat functions, OIE shall cooperate closely with the Food and Agriculture Organization of the United Nations and other competent international bodies.
Alternative B
The Contracting Parties shall appoint a Secretariat consisting of an Executive Secretary on such conditions as it may determine, to perform the functions entrusted to him under this Convention.
The Executive Secretary may appoint such other staff as may be necessary to enable him to perform the functions entrusted to him under this Convention, in accordance with such rules and on such conditions as may be determined by the Contracting Parties.
The functions of the Executive Secretary shall be:
the convening of periodic meetings of the Contracting Parties once every two years, or at such intervals as the Contracting Parties may decide, and of special meetings of the Contracting Parties at any time on the written request of at least two thirds of the Contracting Parties;
the convening of meetings of the Scientific Advisory Committee in accordance with the provisions of Article 8;
the preparation of the draft budget for consideration by the meeting of Contracting Parties;
conveying to the Contracting Parties concerned all notifications and reports received by the Secretariat in accordance with Articles 4, 5 and 10;
such functions as may be necessary to ensure the full implementation of the provisions of Article 11;
such other functions as may be conferred on it under this Convention or by any meeting of the Contracting Parties.
In the performance of his functions, the Executive Secretary shall cooperate closely with the International Office of Epizootics, the Food and Agriculture Organization of the United Nations and other competent international bodies.
Note: While the large majority of the delegates favoured Alternative A, it was felt that an alternative B providing for the establishment of an independent Secretariat should be retained in the text so that the matter could be decided upon ultimately by a Conference of Plenipotentiaries. Should alternative B be adopted, however, certain consequential amendments and additions would be required elsewhere in the text.
Meetings of Contracting Parties convened in accordance with paragraph 2(a) of Article 6 shall keep under review the implementation of this Convention and may, inter alia:
receive and consider reports from Contracting Parties in accordance with Article 10;
receive and consider recommendations from the Scientific Advisory Committee in accordance with Article 8;
consider and adopt the administrative budget;
consider and adopt amendments to this Convention and its Annexes in accordance with Article 15;
consider and take such action as may be required for the attainment of the purposes of this Convention.
The quorum for meetings of Contracting Parties shall be one half of the Contracting Parties.
Alternative A
Except as otherwise specified in this Convention, decisions of meetings of Contracting Parties should be taken by a simple majority vote of Contracting Parties present and voting. Decisions under paragraph 1(c) shall be taken by a two-thirds majority vote of Contracting Parties present and voting.
Alternative B
Decisions of meetings of Contracting Parties shall be taken by a two-thirds majority vote of Contracting Parties present and voting.
Meetings of Contracting Parties shall be conducted according to the rules of procedure adopted at the first session.
On entry into force of this Convention the Contracting Parties shall establish a Scientific Advisory Committee on fish diseases and their control.
(a) Each Contracting Party may propose to the Director-General of OIE persons who shall be expert in the field of fish diseases and their control, who could serve as members of the Scientific Advisory Committee. The Committee shall be comprised of ten of these experts who are selected by the Director-General of OIE, taking into account the proposals of the Contracting Parties, to serve for a period of four years.
Note: Some delegations felt that the need for regional representation should be a factor to be taken into account in the selection of experts for the Scientific Advisory Committee, and further that the selection of experts by the Director-General of OIE should be subject to ultimate approval by the Contracting Parties themselves.
(b) Arrangements and agenda for and reports of meetings of the Scientific Advisory Committee shall be circulated to the Contracting Parties.
(c) Meetings of the Scientific Advisory Committee shall be open to one observer of each Contracting Party; the observers may participate in the discussions but shall not vote.
(d) For special matters the Scientific Advisory Committee may temporarily co-opt additional advisers.
The functions of the Scientific Advisory Committee shall be to advise the Contracting Parties and the Secretariat on any significant matters relevant to this Convention and, in particular:
to propose amendments to the Annexes of this Convention in accordance with Article 15.
to recommend to meetings of Contracting Parties programmes of cooperative research as provided for in Article 11.
Meetings of the Scientific Advisory Committee shall be convened by the Secretariat in consultation with Contracting Parties at such times and places as may be necessary for the achievement of the purposes of this Convention.
Each Contracting Party undertakes to contribute annually its share of the administrative budget in accordance with a scale of contributions to be approved by a two-thirds majority of Contracting Parties present and voting at a meeting of Contracting Parties. The scale of contributions shall be:
Alternative A
On the basis of equal contributions by each Contracting Party.
Alternative B
In accordance with the scale utilized for contributions to the budget of the United Nations.
The expenses of delegates and their alternates, experts and advisers occasioned by their attendance at the meetings of Contracting Parties, in accordance with Article 7, or meetings of the Scientific Advisory Committee in accordance with Article 8, shall be borne by their respective Governments.
Note: The Consultation noted that the new methods of designation of the Scientific Advisory Committee envisaged under the revised Article 8 might require certain amendments to paragraph 2 of Article 9 in respect of expenses of experts occasioned by their attendance at meetings of the Scientific Advisory Committee. It was decided that this problem, however, should be referred to the future Conference of Plenipotentiaries.
Each Contracting Party undertakes to forward to the Secretariat through its Certifying Authority:
notification by the most expeditious method to the Secretariat in a form agreed upon by the Contracting Parties [in the shortest practible time and, if feasible,] within 24 hours following confirmation of any newly recognized (or identified) disease in the country. Such notification shall include information, if appropriate, on any control measures taken to prevent the spread of the outbreak of the disease;
by quarterly reports, in a form described by the Contracting Parties on the recommendation of the Secretariat, information on the incidence and evolution of any of the fish diseases listed in Annex IV to this Convention and, if appropriate, on any control measures taken to prevent the spread of the outbreak of the disease;
annually, a special report on the situation of fish diseases in its territories, on the measures adopted for the control of fish diseases, on the methods used for inspection, diagnosis and certification, and such other information as may be requested by the meetings of Contracting Parties.
The Secretariat shall communicate in an appropriate form to the Contracting Parties information received in pursuance of the above paragraphs.
Each Certifying Authority shall keep up-to-date records of the number of fish culture establishments recognized as being free from the diseases covered by this Convention.
Note: (1) Some delegations reserved their position on paragraph 3 in view of possible problems that might arise from such an obligation in their countries.
(2) Some delegations felt strongly that the words in square brackets in paragraph 1(a) should be deleted.
(3) One delegation expressed its reservations regarding the acceptability of the last sentence of paragraph 1(a) in view of the administrative difficulties of including details of control measures in the first, and urgent, notification of the outbreak of a new disease.
The Contracting Parties declare their willingness, as far as possible, to cooperate in the field of research on fish diseases and to promote programmes of cooperative research, the exchange of experience in the scientific, technical, legal and administrative fields of fish disease control, as well as national research in these fields.
Any dispute between two or more Contracting Parties relating to the interpretation or application of this Convention shall, so far as possible, be settled by negotiation between them. Any such dispute which cannot be settled by negotiation or by any other procedures mutually agreed upon, shall be referred for decision, at the request of either of the parties to the dispute, to arbitration by three arbitrators.
Each of the two parties to the dispute shall appoint an arbitrator and the two parties shall together appoint the third arbitrator, who shall be chairman. If within two months of receipt of the notification of the submission of the dispute to arbitration, one of the parties has not appointed an arbitrator, or if within one month of the appointment of two arbitrators the third arbitrator has not been appointed, either party may request the President of the International Court of Justice to appoint an arbitrator.
The procedure of the arbitration shall be fixed by the arbitrators, but the chairman shall have full power to settle all questions of procedure in any case of disagreement with respect thereto.
A majority vote of the arbitrators shall be sufficient to reach a decision, which shall be final and binding upon the parties to the dispute.]
Note: A majority of the delegates favoured the deletion of this Article in its entirety.
This Convention shall be open for signature by the Government of any State which is a Member of the United Nations or of any Specialized Agency of the United Nations, or of the International Atomic Energy Agency, or any State Party to the Statute of the International Court of Justice.
Signature of this Convention shall be subject to ratification, acceptance or approval.
After entry into force, the Convention shall be open for accession by any State referred to in paragraph 1 of this Article or by any other State invited by the Contracting Parties to become party to the Convention.
Instruments of ratification, acceptance, approval or accession and instruments of acceptance in respect of amendments to the Convention under Article 15, shall be deposited with the Director-General of the Food and Agriculture Organization of the United Nations, hereinafter referred to as the “Depositary”.
Subject to the provisions of paragraph 6 of Article 3, this Convention shall enter into force on the sixtieth day following the date of deposit of the tenth instrument of ratification, acceptance, or approval, and thereafter for each State ratifying, accepting, approving or acceding to this Convention on the sixtieth day following the date of deposit by such State of its instrument of ratification, acceptance, approval or accession.
Any Contracting Party may propose amendments to the Articles of this Convention. Any such proposal shall be considered at a meeting of Contracting Parties, and if approved by two-thirds majority vote of those present and voting, shall be communicated to the Contracting Parties. Any amendment shall, for each Contracting Party accepting it, enter into force sixty days after two thirds of the Contracting Parties have deposited their instruments of acceptance of the amendment, and thereafter for each Contracting Party accepting it sixty days after the deposit of its instrument of acceptance of the amendment.
(a) Amendments to the Annexes to this Convention may be proposed by any Contracting Party or by the Scientific Advisory Committee established under Article 8. Any such proposal made by a Contracting Party shall be referred as soon as possible to the Scientific Advisory Committee for its comments thereon. Any proposed amendment, together with the comments of the Scientific Advisory Committee thereon, shall be considered by the Contracting Parties, and if approved by a majority of two thirds of the Contracting Parties, or, in the case of a meeting of Contracting Parties, a two-thirds majority vote of those present and voting, shall be communicated to the Contracting Parties.
(b) Such amendment shall enter into force at the expiration of a period of six months from the date of its communication to the Contracting Parties or at the expiration of such other period as may be agreed upon by a meeting of the Contracting Parties, for any Contracting Party that has not communicated an objection, or a notification that the conditions necessary for implementing the proposed amendment are not yet fulfilled in its country, unless within that period an objection is communicated to the Depositary by not less than one third of the Contracting Parties.
(c) Any Contracting Party, which has communicated an objection or notification in accordance with the provisions of sub-paragraph (b) above, may withdraw its objection or notify the Depositary that it accepts the proposed amendment, in which case the amendment shall enter into force for that Contracting Party at the expiration of the period mentioned in sub-paragraph (b) above, or on the date of withdrawal of its objection or notification of its acceptance of the proposed amendment, whichever is the later.
At any time after two years from the date on which this Convention has entered into force for any Contracting Party, that Contracting Party may withdraw from the Convention by means of a written notification to that effect. Such written notification shall take effect twelve months after the date of its receipt by the Depositary.
The Depositary shall inform the Governments of the States referred to in paragraph 1 of Article 13:
of signatures of this Convention and of the deposit of instruments of ratification, acceptance, approval or accession in accordance with Article 13;
of the date of entry into force of this Convention in accordance with Article 14;
of any notification of withdrawal received in accordance with Article 16.
The Depositary shall inform the Contracting Parties:
of the date of entry into force of paragraphs 1 and 2 of Article 3;
of proposals for the amendment of the text of the Convention [or of the Annexes to the Convention], of notifications relating to such amendments and of the entry into force of such amendments in accordance with Article 15.
The original of this Convention shall be deposited with the Depositary who shall send certified copies thereof to the Governments of all States eligible to become Parties to this Convention in accordance with Article 13.
Done at this of in a single copy in the English, French, German, Russian and Spanish languages, each version being equally authoritative.
