# EUR-Lex - 52014PC0580 - EN

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# 52014PC0580

**Proposal for a COUNCIL DECISION concerning the conclusion, on behalf of the European Union, of the amended Agreement for the establishment of the General Fisheries Commission for the Mediterranean /* COM/2014/0580 final - 2014/0274 (NLE) */**

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EXPLANATORY MEMORANDUM

The Agreement for the establishment of the
General Fisheries Commission for the Mediterranean (GFCM), under the provisions
of Article XIV of the FAO constitution, was approved by the FAO Conference in
1949 and entered into force in 1952. Amendments to this Agreement were approved
in 1963, 1976 and 1997. The European Community acceded to the GFCM on 16 June
1998 through Decision 98/416/EC[1].
 Mediterranean and Black Sea EU Member States are also parties to this
Agreement.

The GFCM is a so-called Regional Fisheries
Management Organisation (RFMO), with the aim of promoting the development,
conservation, rational management and best utilization of living marine
resources, as well as the sustainable development of aquaculture in the Mediterranean
and Black Sea.

An amendment of the GFCM Agreement was
launched in 2013 following a performance review finalised in 2011, which
concluded that the Agreement should be amended to clarify the objectives and
functions of the GFCM, and strengthen its efficiency.

The amended Agreement was negotiated with
the GFCM Contracting Parties. The legal Service of the FAO also participated to
the debate. The Council authorised the Commission to negotiate on behalf of the
Union on matters falling within the Union's competence. The negotiations were
carried out by Member States and the Commission as per their respective areas
of competence in accordance to the terms of the mandate. Throughout the
negotiations, Member States and the Commission coordinated regularly and
closely throughout the negotiation process.

The Contracting Parties to the GFCM endorsed
the "Amended Agreement for the establishment of the General Fisheries
Commission for the Mediterranean" at the GFCM 38 Annual Session on 19-24
May 2014.

The amended Agreement revises the structure
and content of the current one, so as to bring it in line with modern RFMO
instruments. Main changes introduced are as follows:

– 
A clearer explanation of the purpose and
underlying principles of the GFCM Agreement. The new Agreement sets a clear
overall objective of biological, social, economic and environmental
sustainability of living marine resources. It also introduces definitions of
the terms that are necessary for the correct interpretation of the Agreement. Better
defined functions of the GFCM, which include the promotion of common fishery
management through multiannual management plans, the establishment of fisheries
restricted areas, and the collection and dissemination of data. In this
context, the new Agreement integrates core elements of the Common Fisheries
Policy regarding the objective of maximum sustainable yield, the ecosystem and
precautionary approach, the reduction of discards, the fight against illegal,
unreported and unregulated fishing.

– 
Provisions for the establishment of
measures/sanctions to address non-compliance by Members/non-Members

– 
Establishment of a well-defined dispute
settlement mechanism in case disputes arise between Contracting Parties.

The amended Agreement is in line with the
main objectives of the Common Fisheries Policy.

The proposal intends to conclude the amended
GFCM Agreement on behalf of the European Union.

The text of the amended Agreement in annex
to the proposed Council Decision will undergo a final legal check by the FAO,
which should be finalised in October 2014. The text may therefore undergo
changes, which are not expected to be of substance. In order to avoid
unnecessary delays in the conclusion of the amended Agreement, the Commission
proceeds to the submission of the current proposal. The Commission will ensure
that the FAO validated text is submitted to the Council before discussions in
the Council Working Party start.

The Council is requested to adopt the
proposal as soon as possible following the consent of the European Parliament.

2014/0274 (NLE)

Proposal for a

COUNCIL DECISION

concerning the conclusion, on behalf of
the European Union, of the amended Agreement for the establishment of the
General Fisheries Commission for the Mediterranean

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(2), in
conjunction with Article 218(6)(a), thereof,

Having regard to the proposal from the
Commission[2],

Having regard to the consent of the
European Parliament[3],

Whereas:

(1)       The Agreement for the establishment of the General
Fisheries Commission for the Mediterranean (GFCM), was established and approved
at the Fifth Session of the FAO Conference in 1949, entered
into force on 20 February 1952.

(2)       The European Community
became a contracting party to the GFCM through the adoption by the Council of Decision
(98/416/EC) of 16 June 1998 on the accession of the
European Community to the General Fisheries Commission for the Mediterranean[4].

(3)       By virtue of Article 1,
third paragraph, of the Treaty on European Union, the European Union has
replaced and succeeded to the European Community.

(4)       On 15 November 2013 the
Council authorised the Commission to negotiate, on behalf of the Union, amendments
to the GFCM Agreement on matters falling under the Union's competence.

(5)       Negotiations were carried
out by Member States and the Commission as per their respective areas of
competence in accordance to the mandate and in close coordination between them.

(6)       Negotiations were
successfully concluded at the GFCM meeting from 19 to 24 May 2014, which
endorsed by consensus a text of an amended Agreement.

(7)       The purpuse of the amendment
is to modernise the GFCM and reinforce its role in the conservation of
fisheries resources in its area of competence.

(8)       The objectives, general
principles and functions of the GFCM been been reviewed and broadened to ensure
the long term conservation and sustainable use of living marine resources and
their environment.

(9)       The amended Agreement is
in line with the principles of the Union's Common Fisheries Policy, it is therefore
in the Union's interest to approve it,

HAS ADOPTED THIS
DECISION:

Article 1

The amended Agreement
establishing the General Fisheries Commission for the Mediterranean as set out
in the Annex is hereby concluded.

Article 2

The President of the
Council shall designate the person empowered to proceed, on behalf of the
European Union, to notify the FAO of the European Union's acceptance of the amended
Agreement.

Article 3

This Decision shall
enter into force 20 days after its publication in the Official Journal of
the European Union. It shall be published in the Official Journal of the
European Union.

The date of entry into
force of the amended Agreement for the establishment of the General Fisheries
Commission for the Mediterranean shall be published in the Official Journal
of the European Union.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 190 , 4.7.1998, p. 34 – 35

[2]               OJ C , , p. .

[3]               OJ C , , p. .

[4]               OJ L 190 , 4.7.1998, p. 34 – 35

ANNEX

AMENDED AGREEMENT FOR
THE ESTABLISHMENT OF THE GENERAL FISHERIES COMMISSION FOR THE MEDITERRANEAN

PREAMBLE

The Contracting Parties,

Recalling international law as
reflected in relevant
provisions of the United Nations Convention on the Law of the Sea of 10 December 1982,

Further
recalling
the Agreement for the Implementation of the Provisions of the Law of the Sea of
10 December 1982 relating to the Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks of 4 December 1995, the Agreement to
promote Compliance with International Conservation and Management Measures by
Fishing Vessels on the High Seas of 24 November 1993, as well as other relevant
international instruments concerning the conservation and management of living
marine resources,

Taking
into account the Code of Conduct for Responsible Fisheries adopted by the Food
and Agriculture Organization Conference at its twenty eighth
session on 31 October 1995, and related instruments adopted by the Food and
Agriculture Organization Conference,

Having
a mutual interest in the development and the proper utilization of the living marine
resources in the Mediterranean and the Black Sea (hereafter referred to as the
“Area of Application”),

Acknowledging the
specificities of the different sub-regions in the Area of Application,

Determined to ensure the
long-term conservation and sustainable use of living marine resources and
marine ecosystems in the Area of Application,

Recognizing the
economic, social and nutritional benefits deriving from the sustainable use of
living marine resources in
the Area of Application,

Further
recognizing that under international law States are required to cooperate in
the conservation and management of living marine resources and the protection
of their ecosystems,

Affirming that responsible
aquaculture reduces stress on living marine resources and plays an important
role in the promotion and better use of aquatic living
resources, including food security,

Conscious
of the need to avoid adverse impacts on the marine environment, preserve
biodiversity and minimize the risk of long-term or irreversible effects of use
and exploitation of living marine resources,

Mindful that
effective conservation and management must be based on the best scientific
information available and on the application of the precautionary approach,

Aware
of the importance of coastal fishing communities and of the need to
involve fishers and relevant professional organizations and civil society
organizations in decision-making processes,

Determined to
cooperate effectively and take action to prevent, deter and eliminate illegal,
unreported and unregulated fishing,

Recognizing the
special requirements of developing States to assist them to participate
effectively in the conservation, management and farming of living marine
resources,

Convinced that the
conservation and sustainable use of the living marine resources in the Area of
Application and the protection of the marine ecosystems in which those
resources occur, plays a major role in the context of blue growth and
sustainable development,

Recognizing the need
to establish for these purposes the General Fisheries Commission for the
Mediterranean (whose acronym shall be “GFCM”) within the framework
of  Food and Agriculture Organization, under Article XIV
of its Constitution,

Have agreed as follows:

Article 1 (USE OF TERMS)

1. For the purposes of this Agreement:

(a) “1982
Convention” means the United Nations Convention on the Law of the Sea of 10
December 1982;

(b) “1995
Agreement” means the Agreement for the Implementation of the Provisions of the United
Convention on the Law of the Sea of 10 December 1982 relating to the
Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks of 4 December 1995;

(c) “aquaculture”
means the farming of aquatic living resources;

(d)  “Contracting
Party” means any State and regional economic integration organization
comprising the Commission pursuant to Article 4;

(e) “Cooperating
non-Contracting Party” means a Member or Associate Member of the Organization
and such non-member States as are members of the United Nations or any of its
Specialized Agencies not formally associated as a Contracting Party with the
Commission which abides by measures referred to in Article 8(b);

(f) “fishing”
means searching for, attracting, locating, catching, taking or harvesting of
living marine resources or any activity which can reasonably be expected to
result in attracting, locating, catching, taking or harvesting of living marine
resources;

(g) “fishing
capacity” means the maximum amount of fish that could be taken in a fishery or
by a single fishing unit (e.g. a fisher, community, vessel or fleet) over a
period of time (e.g. season, year), given the biomass and age structure of the
fish stock and the present state of the technology, in the absence of any
regulated catch limitations and if the means available are fully used;

(h) “fishing
effort” means the amount of fishing gear of a specific type used on the fishing
grounds over a given unit of time (e.g. hours trawled per day, number of hooks
set per day or number of hauls of a beach seine per day). When two or more
kinds of gear are used, the respective efforts must be adjusted to some
standard type before being added;

(i) 
“fishing related activities” means any operation in support of, or
in preparation for fishing activities, including landing, packaging,
processing, transhipping or transporting of fish, as well as provisioning of
personnel, fuel, gear and other supplies;

(j) 
“illegal, unreported and unregulated fishing” refers to the
activities set out in paragraph 3 of the 2001 FAO International Plan of Action
to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing;

(k) “maximum
sustainable yield” means the highest theoretical equilibrium yield that can be
continuously taken (on average) from a stock under existing (average)
environmental conditions without affecting the reproduction process;

(l) 
“straddling stocks” means stocks which occurs
both within the exclusive economic zones and in areas beyond and adjacent to
the exclusive economic zones;

(m) “vessel”
means any vessel, ship of another type or boat used for, equipped to be used
for, or intended to be used for fishing or fishing related activities.

Article
2 (OBJECTIVE)

1. The
Contracting Parties hereby establish within the framework of the Constitution
of the Food and Agriculture Organization (hereinafter referred to as “the
Organization”) a Commission to be known as the General Fisheries Commission for
the Mediterranean (hereinafter referred to as "the Commission"), for the
purpose of exercising the functions and discharging the responsibilities set out in
this Agreement.

2. The
objective of the Agreement is to ensure the conservation and
sustainable use, at biological, social, economic and environmental level, of living
marine resources, as well as the sustainable development of aquaculture in the Area of
Application.

3. The Headquarters of the
Commission shall be in Rome, Italy.

Article 3 (AREA OF APPLICATION)

1.
The geographical Area of Application of this Agreement comprises all marine
waters of the Mediterranean Sea and the Black Sea.

2. Nothing
in this Agreement, nor any act or activity carried out in pursuance of this
Agreement, shall constitute recognition of claims or positions of any
Contracting Party concerning legal status and extent of waters and zones by any
such Contracting Party.

Article 4 (MEMBERSHIP)

1.
Membership in the
Commission shall be open to such Members and Associate Members of the
Organization and such non-member States as are members of the United Nations,
any of its Specialized Agencies,

(a)
that are:

(i) coastal States or Associate
Members situated wholly or partly within the Area of Application;

(ii) States or Associate Members
whose vessels engage in fishing, or intend to conduct fishing, in the Area of
Application for stocks covered by this Agreement; or

(iii) regional economic
integration organizations of which any State referred to in subparagraphs (i),
or (ii) above is a member and to which that State has transferred competence
over matters within the purview of this Agreement;

(b) and that accept this
Agreement in accordance with the provisions of Article 23 below.

2. For the purposes of this
Agreement, the term “whose vessels” in relation to a Contracting Party regional
economic integration organization means vessels of a member State of such
Contracting Party regional economic integration organization.

Article 5
(GENERAL PRINCIPLES)

In giving effect to the objective of this Agreement, the
Commission shall:

(a) 
adopt
recommendations on conservation and management measures aimed at ensuring the
long term sustainability of fishing activities,  in order to preserve the
marine living resources, the economic and social viability of fisheries, and
aquaculture; in adopting such recommendations, the Commission shall give
particular attention to measures to prevent overfishing and minimize discards.
The Commission shall also pay particular attention to the potential impact on
small-scale fisheries and local communities;

(b) 
formulate,
in accordance with Article 8(b), appropriate measures based on the best
scientific advice available, taking into account relevant environmental,
economic and social factors;

(c) 
apply
the precautionary approach in accordance with the 1995 Agreement and the FAO
Code of Conduct for Responsible Fisheries;

(d) 
consider
aquaculture, including culture-based fisheries, as a means to promote
diversification of income and diet and in so doing ensure that living marine
resources are used responsibly, genetic diversity is conserved and adverse
impacts on the environment and local communities are minimized;

(e) foster, as
appropriate, a sub-regional approach to fisheries management and aquaculture
development in order to better address the specificities of the Mediterranean
and the Black Sea;

(f) take the
appropriate measures to ensure compliance with its recommendations to deter and
eradicate illegal, unreported and unregulated fishing activities;

(g) promote
transparency in its decision making processes and other activities; and

(h) carry out
such other relevant activities as may be necessary for the Commission to
achieve its principles as defined above.

Article 6
(THE COMMISSION)

1. Each Contracting
Party shall be represented at sessions of the Commission by one delegate, who
may be accompanied by an alternate and by experts and advisers. Participation
in meetings of the Commission by alternates, experts, and advisers shall not entail
the right to vote, except in the case of an alternate who is acting in the
place of a delegate during his absence.

2. Subject to
paragraph 3, each Contracting Party shall have one vote. Decisions of the
Commission shall be taken by a majority of the votes cast, except as otherwise
provided by this Agreement. A majority of the total membership of the
Commission shall constitute a quorum.

3. A regional
economic integration organization that is a Contracting Party to the
Commission shall be entitled to exercise in any meeting of the Commission or of
any subsidiary body of the Commission a number of votes equal to the number of
its Member States that are entitled to vote in such meeting.

4. A regional
economic integration organization that is a Contracting Party to the
Commission shall exercise its membership rights on an alternative basis with
its member States that are Contracting Parties to the Commission in the areas
of their respective competence. Whenever a regional economic integration
organization that is a Contracting Party to the Commission exercises its right
to vote, its member States shall not exercise theirs, and conversely.

5. Any Contracting
Party to the Commission may request a regional economic integration
organization that is a Contracting Party to the Commission or its member States
that are Contracting Parties to the Commission to provide information as to
which, as between the Contracting Party regional economic integration
organization and its member States, has competence in respect of any specific
question. The regional economic integration organization or the member States
concerned shall provide this information on such request.

6. Before any meeting
of the Commission or a subsidiary body of the Commission, a regional economic
integration organization that is a Contracting Party to the Commission, or its
member States that are Contracting Parties to the Commission shall indicate
which, as between the regional economic integration organization and its member
States, has competence in respect to any specific question to be considered in
the meeting and which, as between the regional economic integration
organization and its member States, shall exercise the right to vote in respect
of each particular agenda item. Nothing in this paragraph shall prevent a
regional economic integration organization that is a Contracting Party to the
Commission or its member States that are Contracting Parties to the Commission
from making a single declaration for the purposes of this paragraph, which declaration
shall remain in force for questions and agenda items to be considered at all
subsequent meetings subject to such exceptions or modifications as may be
indicated before any individual meeting.

7. In cases where an
agenda item covers both matters in respect of which competence has been
transferred to the regional economic integration organization and matters which
lie within the competence of its member States, both the regional economic
integration organization and its member States may participate in the
discussions. In such cases the meeting, in arriving at its decisions, shall
take into account only the intervention of the Contracting Party which has the
right to vote.

8. For the purpose of
determining a quorum of any meeting of the Commission, the delegation of a
regional economic integration organization that is a Contracting Party to the
Commission shall be counted to the extent that it is entitled to vote in the
meeting in respect of which the quorum is sought.

9. The
principle of cost-effectiveness shall apply to the frequency, duration and
scheduling of sessions and other meetings and activities held under the
auspices of the Commission.

Article 7 (THE BUREAU)

The Commission shall elect a
Chairperson and two Vice-Chairpersons by a two-third majority. The three shall
constitute the Bureau of the Commission which will operate in accordance with
the terms of reference set out in the Rules of Procedure.

Article
8 (FUNCTIONS OF THE COMMISSION)

In accordance with
its objectives and general principles, the Commission shall exercise the
following functions:

(a) regularly review and assess the
state of living marine resources;

(b) formulate and recommend, in
accordance with the provisions of Article 13, appropriate measures, including:

(i) for the
conservation and management of living marine resources found in the Area of
Application;

(ii) to minimize
impacts of fishing activities on living marine resources and their ecosystems;

(iii) to adopt
multiannual management plans applied in the totality of the relevant
sub-regions based on an ecosystem approach to fisheries to guarantee the
maintenance of stocks above levels which can produce maximum sustainable yield,
and consistent with actions already taken at national level;

(iv) to establish fisheries
restricted areas for the protection of vulnerable marine ecosystems, including
but not limited to nursery and spawning areas, in addition to or to complement
similar measures that may already be included in management plans;

(v) to ensure, if
possible through electronic means, the  collection, submission, verification,
storing and dissemination of data and information, consistent with relevant
data confidentiality policies and requirements;

(vi) to take action
to prevent, deter and eliminate illegal, unreported and unregulated fishing,
including mechanisms for effective monitoring, control and surveillance;

(vii) to resolve
situations of non-compliance, including through an appropriate system of
measures. The Commission shall define this system of measures and the way to
implement them in its Rules of Procedure;

(c) promote the sustainable development of aquaculture;

(d) regularly review the socio-economic aspects of the fishing
industry, including by obtaining and evaluating economic and other data and
information relevant to the work of the Commission;

(e) promote the development of institutional capacity and human
resources, particularly through education, training and vocational activities
in areas of competence of the Commission;

(f) enhance communication and consultation with civil society
concerned with aquaculture and fishing;

(g)
encourage, recommend, coordinate and, undertake
research and development activities, including cooperative projects in the
areas of fisheries and the protection of living marine resources;

(h) adopt and amend, by a two-thirds
majority of its membership, its Rules of Procedure and Financial Regulations and such
other internal administrative regulations as may be necessary to carry out its
functions;

(i)
approve its budget and programme of work and exercise any other function as may
be necessary for achieving the objective of this Agreement.

Article 9 (SUBSIDIARY BODIES OF
THE COMMISSION)

1. The Commission may
establish, as necessary, temporary, special or standing subsidiary bodies to
study and report on matters pertaining to the purposes of the Commission and
working parties to study and recommend on specific technical problems. The
mandate of established subsidiary bodies shall be set out in the Rules of
Procedure by taking in consideration the need for a sub-regional approach. The
Commission may also establish specific mechanisms for the Black Sea region
which will endeavour to ensure the full participation of all riparian States,
in accordance with their status within the Commission, to fisheries management
related decisions.

2. The subsidiary
bodies and working parties referred to in paragraph 1 above shall be convened
by the Chairperson of the Commission at such times and places as are determined
by the Chairperson in consultation with the Director-General of the
Organization, as appropriate.

3. The establishment by the Commission of subsidiary bodies and
working parties referred to in paragraph 1 above shall be subject to
the availability of necessary funds and, before taking any decision involving
expenditure, the Commission shall have before it a report from the Executive
Secretary on administrative and financial implications.

4. Each
Contracting Party shall be entitled to appoint one representative to any subsidiary
body and working parties who at sessions may be accompanied by alternates,
experts and advisers.

5.
Contracting Parties shall provide available information relevant to the
functioning of each subsidiary body and working party in such a way as to enable
them to fulfil their responsibilities.

Article 10 (THE SECRETARIAT)

1. The Secretariat
shall be composed of the Executive Secretary and such staff serving the
Commission. The Executive Secretary and the staff of
the Secretariat shall be appointed and governed in accordance with the terms,
conditions and procedures laid down in the Administrative Manual, Staff
Regulations and Staff Rules of the Organization, as generally applicable to
other staff members of the Organization.

2. The
Executive Secretary of the Commission shall be appointed by the
Director-General with the approval of the Commission, or in the event of
appointment between regular sessions of the Commission, with the approval of
the Contracting Parties.

3. The
Executive Secretary shall be responsible for monitoring the implementation of
the policies and activities of the Commission and shall report thereon to the
Commission, according to the terms of reference set out in the Rules of
Procedure. The Executive Secretary shall also act as Executive Secretary to
other subsidiary bodies established by the Commission, as required.

Article 11 (FINANCIAL
ARRANGEMENTS)

1.
At each regular session the Commission shall adopt its autonomous budget for
three years, which may be reviewed on a yearly basis at regular sessions. The
budget will be adopted by consensus of its Contracting Parties, provided
however that if, after every effort has been made, a consensus cannot be
reached in the course of that session, the matter will be put to a vote and the
budget shall be adopted by a two-thirds majority of its Contracting Parties.

2. Each
Contracting Party shall undertake to contribute annually its share of the
autonomous budget based on the scale of contributions determined in accordance
with a scheme which the Commission shall adopt or amend by consensus. The
scheme shall be set out in the Financial Regulations.

3. Any
non-member of the Organization that becomes a Contracting Party shall be
required to make such contribution towards the expenses incurred by the
Organization with respect to the activities of the Commission as the Commission
may determine.

4.
Contributions shall be payable in freely convertible currencies unless
otherwise determined by the Commission with the concurrence of the
Director-General of the Organization.

5. The
Commission may accept donations and other forms of assistance from
organizations, individuals and other sources for purposes connected with the
fulfilment of any of its functions. The Commission may also accept voluntary
contributions generally or in connection with specific projects or activities
of the Commission which shall be executed by the Secretariat. Voluntary
contributions, donations and other form of assistance received shall be paid
into a trust fund to be established and administrated by the Organization in
conformity with the Financial Regulations and Rules of the Organization.

6.  A Contracting
Party which is in arrears in the payment of its financial contributions to the
Commission shall have no vote in the Commission if the amount of its arrears
equals or exceeds the amount of the contributions due from it for the two
preceding calendar years. The Commission may, nevertheless, permit such a
Contracting Party to vote if it is satisfied that the failure to pay was due to
conditions beyond the control of the Contracting Party but in no case shall it
extend the right to vote beyond a further two calendar years.

Article 12 (EXPENSES)

1. The expenses of the
Secretariat, including publications and communications and the expenses
incurred by the Chairperson and Vice-Chairpersons of the Commission, when
performing duties on behalf of the Commission between sessions of the
Commission, shall be determined and paid from the budget of the Commission.

2. The expenses of research and
development projects undertaken by individual Contracting Parties, whether
independently or upon recommendation of the Commission, shall be determined and
paid by the Contracting Parties concerned.

3. The expenses incurred in
connection with cooperative research or development projects undertaken, unless
otherwise available, shall be determined and paid by the Contracting Parties in
the form and proportion to which they shall mutually agree.

4. The expenses of experts
invited to attend meetings of the Commission and its subsidiary bodies in their
individual capacity shall be borne by the budget of the Commission.

5.  The expenses of the
Commission shall be paid out of its autonomous budget except those relating to
such staff and facilities as can be made available by the Organization. The
expenses to be borne by the Organization shall be determined and paid within
the limits of the biennial budget prepared by the Director-General and approved
by the Conference of the Organization in accordance with the Financial
Regulations and Rules of the Organization.

6. 
Expenses incurred by delegates, their alternates, experts and advisers when
attending, as government representatives, sessions of the Commission and its
subsidiary bodies, as well as the expenses incurred by observers at sessions,
shall be borne by the respective governments or organizations. In recognition
of the special requirements of developing States Contracting Parties, according
to Article 17 and subject to the availability of funds, the expenses could be
borne by the budget of the Commission.

Article 13 (DECISION
MAKING)

1. The
recommendations referred to in
Article 8(b), shall be adopted by a two-thirds majority of the Contracting
Parties of the Commission present and voting. The text of such recommendations
shall be communicated by the Executive Secretary to each Contracting Party, cooperating non-Contracting
Party and relevant non-Contracting Party.

2. Subject to the provisions of
this Article, the Contracting Parties of the Commission undertake to give
effect to any recommendations adopted under Article 8(b), from the date
determined by the Commission, which shall not be before the period for
objection provided for in this Article has elapsed.

3.  Any Contracting Party of the
Commission may within one hundred and twenty days from the date of notification
of a recommendation object to it and in that event shall not be under
obligation to give effect to that recommendation. The objection should
include a written explanation of reasons for objecting, and where appropriate,
proposals for alternative measures. In the event of an objection being made within the
one hundred and twenty days period any other Contracting Party may similarly
object at any time within a further period of sixty days. A Contracting Party
may also at any time withdraw its objection and give effect to a
recommendation.

4.  If objections to a
recommendation are made by more than one-third of the Contracting Parties of
the Commission, the other Contracting Parties shall be relieved forthwith of
any obligation to give effect to that recommendation; nevertheless any or all
of them may agree among themselves to give effect to it.

5.
The Executive Secretary shall promptly notify each Contracting Party
immediately upon receipt of each objection or withdrawal of objection.

6.
In exceptional circumstances, when required by a Contracting Party as
determined by the Executive Secretary in consultation with the Chairperson, if
urgent matters require Contracting Parties to take decisions between sessions
of the Commission any rapid means of communication, including electronic means
of communication, may be used for decision-making with respect to procedural
and administrative matters of the Commission only, including any of its
subsidiary bodies, other than matters relating to the interpretation of and the
adoption of amendments to the Agreement or its Rules of Procedure.

Article 14 (OBLIGATIONS RELATING
TO THE IMPLEMENTATION OF DECISIONS BY THE CONTRACTING PARTIES)

1. Subject to the
provisions of this Article, the Contracting Parties of the Commission undertake
to give effect to any recommendations made by the Commission under Article
8(b), from the date determined by the Commission, which shall not be
before the period for objection provided for in Article 13 has elapsed.

2. Each Contracting Party shall transpose, as appropriate, adopted
recommendations into national laws, regulations or appropriate legal
instruments of the regional economic integration organization. They shall
report annually to the Commission indicating how they have implemented and/or
transposed the recommendations, including providing such relevant legislative
documents in connection with these recommendations as may be required by the
Commission and information on the monitoring and control of their fisheries.
The Commission shall use this information to assess whether the recommendations
are uniformly implemented.

3. Each Contracting Party shall take measures and cooperate to
ensure that their duties as flag States and port States are fulfilled in
accordance with relevant international instruments to which it is a party and
recommendations adopted by the Commission.

4. The Commission, through a process leading to the identification
of cases of non-compliance, will address Contracting Parties which fail to
comply with recommendations adopted by the Commission with a view to resolve
situations of non-compliance.

5. The
Commission shall define through its Rules of Procedure appropriate measures
which may be taken by the Commission when Contracting Parties are identified as
being in prolonged and unjustified non-compliance with its recommendations.

Article 15
(OBSERVERS)

1. In accordance with the Rules of the Organization, the Commission
may invite or, upon their request, allow in observer capacity regional or
international governmental organizations and regional or international or other
non-governmental organizations, including from the private sector, which have
interests and objectives common with those of the Commission or which
activities are pertinent to the work of the Commission or its subsidiary
bodies.

2. Any
member or associate member of the Organization that is not a Contracting Party
may, upon its request, be invited as an observer at sessions of the Commission
and its subsidiary bodies. It may submit memoranda and participate
without vote in discussions.

Article 16 (COOPERATION WITH
OTHER ORGANIZATIONS AND INSTITUTIONS)

1. The Commission
shall cooperate with other international organizations and institutions in
matters of mutual interest.

2. The
Commission shall seek to make suitable arrangements for consultation,
cooperation and collaboration with other relevant organizations and
institutions, including entering into memoranda of understanding and
partnership agreements.

Article 17 (RECOGNITION OF THE
SPECIAL REQUIREMENTS OF DEVELOPING STATES CONTRACTING PARTIES)

1. The Commission shall give full recognition to the special
requirements of developing States Contracting Parties to this Agreement, in
accordance with relevant provisions in the 1995 Agreement.

2. The
Contracting Parties may cooperate either directly or through the Commission for
the purposes set out in this Agreement and provide assistance for identified
needs.

Article 18
(NON-CONTRACTING PARTIES)

1.
The Commission, through the Secretariat, may invite non-contracting
Parties whose vessels engage in fishing in the Area of Application, with
particular reference to coastal States, to cooperate fully in the
implementation of its recommendations, including by becoming cooperating
non-Contracting Parties. The Commission may accept by consensus of its
Contracting Parties any application for granting cooperating non-contracting
Party status provided however that if, after every effort has been made, a
consensus cannot be reached, the matter will be put to a vote and the
cooperating non-Contracting Party status will be granted by a two-thirds
majority of its Contracting Parties.

2.
The Commission, through the Secretariat, shall exchange
information with respect to vessels engaged in fishing or fishing related
activities in the Agreement Area that are flying the flags of
non-Contracting Parties to this Agreement and
identify and address, as appropriate, including through the application of
sanctions consistent with international law which shall be defined in the Rules
of Procedure, cases of activities by non-Contracting Parties adversely
affecting the objective of the Agreement. Sanctions may include non-discriminatory
market-related measures.

3.
The Commission shall take measures, consistent with international law and with
this Agreement, to deter the activities of such vessels which undermine the
effectiveness of applicable recommendations, and shall regularly report on any
action taken in response to fishing or fishing related activities in the
Agreement Area by non-Contracting Parties.

4. The Commission
shall draw the attention of any non-Contracting
Parties to any activity which in the opinion of any Contracting Party
negatively affects the implementation of the objective of the Agreement.

Article 19 (SETTLEMENT OF
DISPUTES ON THE INTEPRETATION AND APPLICATION OF THE AGREEMENT)

1.
In the event of a dispute between two or more of Contracting Parties concerning
the interpretation or application of this Agreement, the Parties concerned
shall consult among each other with a view to seek solutions by negotiation,
mediation, inquiry or any other peaceful means of their own choice.

2.
If the parties concerned cannot reach agreement in accordance with Article 19.1
they may jointly refer the matter to a committee composed of one representative
appointed by each of the party of the dispute, and in addition the Chairperson
of the Commission. The findings by such committee, while not binding in
character, shall constitute the basis for renewed consideration by the
Contracting Parties concerned of the matter out of which disagreement arose.

3.
Any dispute concerning the interpretation or application of this Agreement not
resolved under Articles 19.1 and 19.2 may, with the consent in each case of all
parties to the dispute, be referred for settlement to arbitration. The results
of the arbitration procedure shall be binding upon the parties.

4. In cases where the
dispute is referred to arbitration, the arbitral tribunal shall be constituted
as provided in the Annex to this Agreement. The Annex forms an integral part of
this Agreement.

Article 20 (RELATIONSHIP WITH
OTHER AGREEMENTS)

References
in this Agreement to the 1982 Convention or to other international agreements,
do not prejudice the position of any State with respect to signature,
ratification, or accession to the 1982 Convention or with
respect to other agreements, nor the rights, jurisdiction and duties of Contracting Parties under
the 1982 Convention or the 1995 Agreement.

Article 21 (OFFICIAL LANGUAGES OF
THE COMMISSION)

The
official languages of the Commission shall be such official languages of the
Organization as the Commission itself may decide. The delegations may use any
one of these languages at sessions and for their reports and communications.
The use of official languages for simultaneous interpretation and translation
of documents in the statutory sessions of the Commission shall be specified in
the Rules of Procedure.

Article 22 (AMENDMENTS)

1. The Commission may
amend this Agreement by a two-thirds majority of all the Contracting Parties.
Subject to paragraph 2 below, amendments shall come into force as from the date
of their adoption by the Commission.

2.  Amendments
involving new obligations for Contracting Parties shall come into force after
acceptance by two-thirds of the Contracting Parties and with respect to each
Contracting Party only on acceptance of it by that Contracting Party. The
instruments of acceptance of amendments involving new obligations shall be
deposited with the Director-General of the Organization who shall inform all
the Members of the Organization, as well as the Secretary-General of the United
Nations, of the receipt of acceptance and the entry into force of such
amendments. The rights and obligations of any Contracting Party that has not
accepted an amendment involving additional obligations shall continue to be
governed by the provisions of this Agreement as they stood prior to the
amendment.

3.
Amendments to this Agreement shall be reported to the Council of the
Organization which shall have the power to disallow any amendment which it
finds to be inconsistent with the objectives and purposes of the Organization or
the provisions of the Constitution of the Organization. If the Council of the
Organization considers it desirable, it may refer the amendment to the
Conference of the Organization which shall have the same power.

Article 23 (ACCEPTANCE)

1. This Agreement shall
be open to acceptance by Members or associate Members of the Organization.

2. The
Commission may, by a two-thirds majority of its membership, admit to membership
such other States that are members of the United Nations, any of its
specialized agencies or the International Atomic Energy Agency as have
submitted an application for membership and a declaration made in a formal
instrument that they accept this Agreement as in force at the time of
admission.

3.
Participation in the activities of the Commission by Contracting Parties which
are not Members or associate Members of the Organization shall be contingent
upon the assumption of such proportionate share in the expenses of the
Secretariat as may be determined in the light of the relevant provisions of the
Financial Regulations and Rules of the Organization.

4.
Acceptance of this Agreement by any Member or associate Member of the
Organization shall be effected by the deposit of an instrument of acceptance
with the Director-General of the Organization and shall take effect on receipt
of such instrument by the Director-General.

5.
Acceptance of this Agreement by non-members of the Organization shall be
effected by the deposit of an instrument of acceptance with the
Director-General of the Organization membership shall become effective on the
date on which the Commission approves the application for membership, in
conformity with the provisions of paragraph 2 of this Article.

6. The
Director-General of the Organization shall inform all Contracting Parties of
the Commission, all Members of the Organization and the Secretary-General of
the United Nations of all acceptances that have become effective.

7.
Acceptance
of this Agreement by non-Contracting Parties may be made subject to
reservations which shall become effective only upon approval by two
thirds of the
Contracting Parties. Contracting Parties whose relevant competent authorities
have not replied within three months from the date of the notification shall be
deemed to have accepted the reservation. Failing such approval, the nation or
regional economic integration organization making the reservation shall not
become a party to this Agreement. The Director-General of the Organization
shall notify forthwith all Contracting Parties of any reservations.

Article 24 (ENTRY INTO FORCE)

This
Agreement shall enter into force as from the date of receipt of the fifth
instrument of acceptance.

Article 25 (RESERVATIONS)

1. Acceptance of this
Agreement may be made subject to reservations, which shall not be incompatible
with the objectives of the Agreement and shall be made in accordance with the
general rules of public international law as reflected in the provisions of
Part II, Section 2 of the Vienna Convention on the Law of Treaties of 1969.

2. The Commission shall
regularly assess if a reservation may create issues of non-compliance
with the recommendations adopted under Article 8(b) and may consider
appropriate measures, as foreseen in its Rules of Procedures.

Article 26 (WITHDRAWAL)

1.
Any Contracting Party may withdraw from this Agreement at any time after the
expiration of two years from the date upon which the Agreement entered into
force with respect to that Contracting Party, by giving written notice of such
withdrawal to the Director-General of the Organization who shall immediately
inform all the Contracting Parties and the Members of the Organization of
such withdrawal. Notice of withdrawal shall become effective three months from
the date of its receipt by the Director-General of the Organization.

2.
A Contracting Party may give notice of withdrawal with respect to one or more
of the territories for the international relations of which it is responsible.
When a Contracting Party gives notice of its own withdrawal from the Commission
it shall state to which territory or territories the withdrawal is to apply. In
the absence of such a declaration, the withdrawal shall be deemed to apply to
all the territories for the international relations of which the Contracting
Party is responsible, with the exception of associate members.

3. Any
Contracting Party that gives notice of withdrawal from the Organization shall
be deemed to have simultaneously withdrawn from the Commission, and this
withdrawal shall be deemed to apply to all the territories for the international
relations of which the Contracting Party concerned is responsible, except that
such withdrawal shall not be deemed to apply to an associate member.

Article 27 (TERMINATION)

This Agreement shall
be automatically terminated if and when, as the result of withdrawals, the
number of Contracting Parties drops below five, unless the remaining
Contracting Parties unanimously decide otherwise.

Article 28 (CERTIFICATION AND
REGISTRATION)

The text of this
Agreement was originally formulated at Rome on the 24th day of September one
thousand nine hundred and forty-nine in the French language and [was amended on
(xx)...] Two copies in the Arabic, English, French and Spanish languages of this
Agreement and of any amendments to this Agreement shall be certified by the
Chairperson of the Commission and by the Director-General of the Organization.
One of these copies shall be deposited in the archives of the Organization. The
other copy shall be transmitted to the Secretary-General of the United Nations
for registration. In addition, the Director-General shall certify copies of
this Agreement and transmit one copy to each member of the Organization and to
such non-member of the Organization that are or may become Contracting Parties
to this Agreement.

ANNEX
RELATING TO ARBITRATION

1. The arbitral
tribunal referred to in paragraph 4 of Article 19 shall be composed of three
arbitrators who shall be appointed as follows:

(a) The Contracting
Party commencing proceedings shall communicate the name of an arbitrator to the
other Contracting Party which, in turn, within a period of forty days following
such notification, shall communicate the name of the second arbitrator. In disputes
between more than two Contracting Parties, parties to the dispute with the same
interest shall appoint one arbitrator jointly by agreement. The Contracting
Parties shall, within a period of sixty days following the appointment of the
second arbitrator, appoint the third arbitrator, who shall not be a national of
either Contracting Party and shall not be of the same nationality as either of
the first two arbitrators. The third arbitrator shall preside over the
tribunal;

(b) If the second
arbitrator has not been appointed within the prescribed period, or if the
Contracting Parties have not reached agreement within the prescribed period on
the appointment of the third arbitrator, that arbitrator shall be appointed, at
the request of either Contracting Party, by the Director General of the
Organization within two months from the date of receipt of the request.

2. The arbitral
tribunal shall decide where its headquarters will be located and shall adopt
its own rules of procedure.

3. The arbitral
tribunal shall render its decisions in accordance with the provisions of this
Agreement and international law.

4. The award of the
arbitral tribunal shall be made by a majority of its members, who may not
abstain from voting.

5. Any Contracting
Party which is not a Party to the dispute may intervene in the proceedings with
the consent of the arbitral tribunal.

6. The award of the
arbitral tribunal shall be final and binding on Contracting Parties to the
dispute and on any Contracting Party which intervenes in the proceedings and
shall be complied with without delay. The arbitral tribunal shall interpret the
award at the request of one of the Contracting Parties to the dispute or of any
intervening Contracting Party.

7. Unless the arbitral tribunal determines otherwise
because of the particular circumstances of the case, the expenses of the
tribunal, including the remuneration of its members, shall be borne by the
Contracting Parties to the dispute in equal shares.