# Council Decision of 4 September 1981 on the conclusion of the Convention on the conservation of Antarctic marine living resources (81/691/EEC), Article IX


1. The function of the Commission shall be to give effect to the objective and principles set out in Article II of this Convention. To this end, it shall:
(a) facilitate research into and comprehensive studies of Antarctic marine living resources and of the Antarctic marine ecosystem;
(b) compile data on the status of and changes in population of Antarctic marine living resources and on factors affecting the distribution, abundance and productivity of harvested species and dependent or related species or populations;
(c) ensure the acquisition of catch and effort statistics on harvested populations;
(d) analyze, disseminate and publish the information referred to in subparagraphs (b) and (c) above and the reports of the Scientific Committee;
(e) identify conservation needs and analyze the effectiveness of conservation measures;
(f) formulate, adopt and revise conservation measures on the basis of the best scientific evidence available, subject to the provisions of paragraph 5 of this Article;
(g) implement the system of observation and inspection established under Article XXIV of this Convention;
(h) carry out such other activities as are necessary to fulfil the objective of this Convention.
2. The conservation measures referred to in paragraph 1 (f) above include the following:
(a) the designation of the quantity of any species which may be harvested in the area to which this Convention applies;
(b) the designation of regions and sub-regions based on the distribution of populations of Antarctic marine living resources;
(c) the designation of the quantity which may be harvested from the populations of regions and sub-regions;
(d) the designation of protected species;
(e) the designation of the size, age and, as appropriate, sex of species which may be harvested;
(f) the designation of open and closed seasons for harvesting;
(g) the designation of the opening and closing of areas, regions or sub-regions for purposes of scientific study or conservation, including special areas for protection and scientific study;
(h) regulation of the effort employed and methods of harvesting, including fishing gear, with a view inter alia to avoiding undue concentration of harvesting in any region or sub-region;
(i) the taking of such other conservation measures as the Commission considers necessary for the fulfilment of the objective of this Convention, including measures concerning the effects of harvesting and associated activities on components of the marine ecosystem other than the harvested populations.
3. The Commission shall publish and maintain a record of all conservation measures in force.
4. In exercising its functions under paragraph 1 above, the Commission shall take full account of the recommendations and advice of the Scientific Committee.
5. The Commission shall take full account of any relevant measures or regulations established or recommended by the consultative meetings pursuant to Article IX of the Antarctic Treaty or by existing fisheries commissions responsible for species which may enter the area to which this Convention applies, in order that there shall be no inconsistency between the rights and obligations of a Contracting Party under such regulations or measures and conservation measures which may be adopted by the Commission.
6. Conservation measures adopted by the Commission in accordance with this Convention shall be implemented by members of the Commission in the following manner:
(a) the Commission shall notify conservation measures to all members of the Commission;
(b) conservation measures shall become binding upon all members of the Commission 180 days after such notification, except as provided in subparagraphs (c) and (d) below;
(c) if a member of the Commission, within 90 days following the notification specified in subparagraph (a), notifies the Commission that it is unable to accept the conservation measure, in whole or in part, the measure shall not, to the extent stated, be binding upon that member of the Commission;
(d) in the event that any member of the Commission invokes the procedure set forth in subparagraph (c) above, the Commission shall meet at the request of any member of the Commission to review the conservation measure. At the time of such meeting and within 30 days following the meeting, any member of the Commission shall have the right to declare that it is no longer able to accept the conservation measure, in which case the member shall no longer be bound by such measure.

---
Source: https://www.legislation.gov.uk/eudn/1981/691/attachment/1/article/IX (the official version)
Page: https://openlegislation.uk/eu-decision-1981-691/attachment-1/article-IX
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.