Proposal for a COUNCIL DECISION on accession of the EC to the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas
Date: 1994-07-22
Institutions: European Commission
Subjects: accession to an agreement, conservation of resources, fishery management, fishing vessel, international cooperation, the EU's international role

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(94) 331 final 
Brussels, 22.07.1994 

94/ 0186CCNS) 

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Proposal  for a 

COUNCIL DECISION 

on accession of the EC to the Agreement to promote compliance 
with international conservation and management  measures 
by fishing vessels on the high seas 

(presented by the Commission) 

JlfM'JlJ 

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EXPLANATORY  MEMORANDUM 

1. 

The  consolidation  in  the  new international  law  of  the  sea  of  the concept  of  exclusive 
economic zones or fishing zones extending up to 200 nautical miles offshore  of coastal 
States has, in practice, led to a substantial  movement of high-sea fishing fleets  towards 
maritime areas covered by high seas arrangements.  The United Nations Convention on 
the Law  of  the Sea  (hereinafter  referred  to as  the  "1982  Convention")  confirmed  the 
traditional  freedom  to fish in these areas, while making this subject  to the obligation to 
adopt conservation  measures,  if necessary,  or to cooperate to that end (cf.  Articles  117 
and  118 of the Convention). 

As a result,  most countries with an interest in high-seas fisheries, and the Community, 
either independently  with regard  to their own vessels  or  through participation  in bi- or 
multilateral agreements, adopted conservation measures to promote sustainable utilization 
of the biological resources  of the high seas. More specifically,  the Community acceded 
to several regional fisheries conventions and organizations established to ensure  fisheries 
conservation  and management in the appropriate international contexts. 

However, the introduction of corresponding conservation  measures generated a counter-
trend  in that a growing  number  of fishing vessels  began  to transfer  to the registers  of 
countries  that are not contracting parties to the existing regional fisheries organizations 
and are not taking the necessary  conservation  measures  or cooperating  to that end. 

These increasingly  frequent  transfers  of fishing vessels to flags of convenience in order 
to evade conservation measures is taking on proportions that risk having a serious impact 
on the efforts  made pursuant  to the  1982 Convention. 

2. 

3. 

The  "Declaration  of  Cancun"  adopted  by  the International  Conference  on  Responsible 
Fishing held at Cancûn in Mexico in May  1992 and the "Action  21" programme adopted 
by the United Nations Conference  on the Environment  and Development  (UNCED) at 
Bio  de  Janeiro  in  June  1992  called  on  States  to  take  measures  compatible  with 
international law to thwart attempts to evade fisheries conservation  measures  applicable 
to the high  seas by simply changing  flags.  -x 

On  the  basis  of  the  "Declaration  of  Cancûn",  the  FAO  was  given  responsibility  for 
drawing  up  a  Code  of  Conduct  for  Responsible  Fishing.  In  the  course  of  the  initial 
discussions  on the content of the planned Code, it was recognized  that it would have to 
incorporate mechanisms to effectively  hinder the practice of "reflagging",  as it is known. 
In this context,  it was finally decided  to initiate procedures  for  the rapid  establishment 
of an international agreement to put a stop to this practice as the first part of the planned 
Code. 

-1 

4. 

Starting  with  a  meeting  of  experts  organized  by  the  FAO  in  February  1993,  the 
discussions  were continued  and the texts  which  they produced  featured  three times  on 
the agenda of  official  FAO  sessions. 

The main problem  to be dealt with arose  from  the fact that,  under the international  law 
on treaties, international agreements may in no case entail obligations being imposed on 
non-signatory  countries.  It was  therefore  considered  useful  to draw  up an international 
agreement  that would  enable  States  that are  not parties  to international  conventions  on 
the regulation  of  high  seas  fishing  to impose  on vessels  flying  their  flag  the obligation 
not  to  engage  in  fishing  activities  that  might  compromise  the  effectiveness  of 
internationally  agreed  conservation  measures. 

During  negotiations,  there were  a variety  of  approaches  to the possible  content of  such 
an agreement.  One sought to specify  the responsibility  of the flag State to do something 
about the activities of  "non-contracting parties" that fail to cooperate on the conservation 
of  high  seas  resources,  while  another  preferred  to  give  the  port  States  a  leading  role 
rather  than  increase  the  responsibility  of  the  flag  States.  Yet  another,  based  on  an 
excessively  strict  interpretation  of  Article  117 of  the  1982  Convention,  which  imposes 
on States the obligation to  "take ....  such measures  for their respective  nationals as may 
be  necessary  for  the  conservation  of  the  living  resources  of  the  high  seas",  at first 
advocated  imposing,  through  the personal jurisdiction  of  States,  specific  obligations  on 
their  nationals,  irrespective  of  the  State  with  which  the  vessel  is  registered.  Another 
approach  envisaged  reforming  the  conditions  of  registration  and  flagging  of  fishing 
vessels,  in particular by making  more specific  the concept of the  "genuine link" which, 
under  Article  91  of  the  1982  Convention,  must  exist  between  the  flag  State  and  the 
vessel,  but which  that Convention  did  not  define. 

The first draft  agreement  submitted  to the  meeting  of  the Fisheries  Committee  held on 
15  to  19  March  1993  was  therefore  entitled  "Draft  international  agreement  on  the 
flagging of vessels fishing on the high seas".  On this occasion  the approach centered on 
the personal jurisdiction of States was dropped and reservations were expressed regarding 
the inclusion of a "flag/genuine link" clause in the proposed agreement,  since it was  felt 
that such a clause could be seen as a major obstacle to rapid and universal  acceptance of 
the agreement. 

Subsequently  the  competent  working  group  of  the  Council  managed  to  produce  an 
agreement between the Commission  and the Member States on an alternative text of the 
agreement  which  was  a  common  position  on  the  subject  and  which  reflected  the 
abovementioned  reservations,  stressing,  rather,  the responsibility  of  the flag State and, 
in line with  this,  concentrating  on arrangements  for  authorizing  high  seas  fishing. 
This alternative text was not without influence on the continuing negotiations. At the June 

1993  meeting  of  the  FAO  Council,  in  line  with  the  approach  suggested  by  the 
Community,  the "flag" clause was eliminated gradually  as the debate moved towards a 
scheme based on the concept of authorization of high seas fishing, managed by the flag 
State,  i.e.  a traditional instrument  of fisheries management,  and on the transparency  of 
fishing activities and greater cooperation  between all parties concerned. 

A  consensus  was  achieved  on  a  text  based  on  this  approach  at  informal  consultations 
organized by the FAO at the United Nations Conference on straddling stocks and highly 
migratory  species  in July  1993 and,  subsequently,  at the final negotiaions conducted at 
the FAO  Council  meeting  in  November  1993.  The  final  text,  entitled  "Agreement  to 
Promote  Compliance  with  International  Conservation  and  Management  Measures  by 
Fishing  Vessels  on  the  High  Seas"  (hereinafter  referred  to  as  "the Agreement")  was 
formally  approved  by  the 27th  Conference  of  the FAO  when  it  met on  24  November 
1993. 

This Agreement will be an integral part of the Code of Conduct for Responsible Fishing 
which will be prepared by the FAO in the course of  1994. 

The  Agreement  specifies  the  responsibility  of  flag  States  with  regard  to  the fishing 
vessels authorized to fly their flag and operating on the high seas. The contracting parties 
must take all necessary  measures  to ensure that these vessels  do not engage in activities 
that could compromise international conservation and management measures. In addition, 
the Agreement provides for a system to be introduced for authorizing fishing on the high 
seas and the contracting parties must make all the necessary checks before issuing  such 
an authorization to fishing vessels  authorized to fly their flag,  as well as throughout the 
period  of  validity  of  the authorization.  Finally  they  must also provide  for  sanctions  of 
sufficient  severity  effectively  to  guarantee  compliance  with  the  provisions  of  the 
Agreement  by  the  fishing  vessels.  To  step  up  international  cooperation  and  the 
transparency of the fishing activities concerned,  the Agreement establishes a system  for 
the exchange of information between the contracting parties through the intermediary of 
the FAO. 

On 5  March  1993  the  Commission  sent  the  Council  a recommendation  (SEC(93)  283 
final)  that  it  should  authorize  the  Commission,  under  Article  228  of  the  Treaty,  to 
conduct negotiations on the formulation of the Code of Conduct for Responsible Fishing 
(of which  the Agreement  is an integral part). 
Although  the  recommendation  was  discussed  several  times  in  the  competent  Council 
working  group,  no  final  decision  was  taken.  In  the  meantime,  negotiations  on  the 
Agreement  have  continued,  in  accordance  with  the  rules  relating  to  Community 
participation  in the FAO and on the basis of the common position  described  above. 

5. 

6. 

7. 

8. 

The  main  goal  of  the  agreement  is  to  ensure  that  international  measures  for  the 
conservation  and  management  of  fishery  resources  in  the  high  seas  are  effective.  To 
achieve  this,  the Agreement  specifies  that the flag  State is  responsible  with  regard  to 
fishing  vessels flying its flag and operating on the high seas and, therefore,  for regulating 
In  addition,  the  Agreement  seeks  to  achieve  increased 
their  fishing  activity. 
international  cooperation  on  conserving  the  fishery  resources  of  the  high  seas  and 
increased  transparency  through  the exchange of  information  on high seas fisheries. 

On this matter, the Community has exclusive legislative competence which case history 
has also consistently extended to the high seas (cf. judgements of  14 July 1976 in Joined 
Cases  3,  4  and  6776  Kramer  [1976]  ECR  1279;  of  25  July  1991  in  Case  C-258/89 
Commission  v  Spain  [1991]  ECR  1-3977;  and  more  recently  the  judgement  of  24 
November  1993  in  Case  C-405/92  Mondiet  (not  yet  published)  in  which  the  Court 
attributes  the same  legislative  competence  to  the Community  for  the high  seas  as that 
recognized  by international  law for  the flag  State). 

The Agreement  therefore  deals  with  subjects  that fall  entirely  within  the Community's 
competence on fishing matters,  so that only the Community (and not the Member States 
individually)  has the authority to accede to it. 

9. 

Resolution  15/93  of  the FAO  Conference,  which approved  the final text  in November 
1993,  calls  on  members  of  the FAO to  accede  to  the Agreement  as  soon  as  possible. 
Since the Community has subscribed  to the results of the Conference of Cancûn as well 
as of  the UNCED,  and has actively  supported  the many initiatives  taken,  in particular 
through  regional  fisheries  organizations  of  which  it  is  a  member,  to  deal  with  the 
activities of  "non-contracting parties",  its position and prestige  would be compromised 
and  weakened  in  various  international  bodies  where  very  important  fisheries-related 
negotiations are now underway  (FAO - Code of Conduct,  United Nations -  Conference 
on straddling stocks and highly migratory  species) if it did not accede to the Agreement 
very  soon. 

10. 

On the basis of  the foregoing,  the Commission  proposes  to the Council that it should 
adopt  a decision  on  the  accession  of  the  European  Community  to  the  Agreement  to 
Promote  Compliance  with  International  Conservation  and Management  Measures  by 
Fishing  Vessels  on the High Seas,  and should lodge the accession  instrument  with the 
Director-General  of the FAO with as little delay as possible. 

Proposal for a 
COUNCIL DECISION of 

1994 

on accession of the EC to the Agreement to promote compliance 
with international conservation and management measures 
by fishing vessels on the high seas 
(94/.../EC) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 43 
thereof,  in conjunction  with the first subparagraph  of Article 228(3), 

Having regard  to the proposal  from  the Commission, 

Having regard  to the opinion of the European Parliament0*, 

Whereas  international  cooperation  is  essential  to  ensure  the  conservation  and  the  rational, 
responsible and sustainable utilization of the biological resources  of the high seas; 

Whereas  the Community  has  signed  the United  Nations  Convention  on  the Law  of  the Sea, 
which obliges all members of the international community to cooperate in the conservation and 
management of the biological resources  of the high seas; 

Whereas, as regards maritime fishing, the Community has the authority to adopt fishery resource 
conservation and management measures and to conclude external agreements in this field with 
third countries or international organizations, as set out in the Declaration of Competence which 
the Community  submitted  at the time it joined  the Food and  Agriculture  Organization  of the 
United Nations; 

Whereas the practice of requesting  the allocation or change of flag by fishing vessels in order 
to  circumvent  international  measures  for  the  conservation  and  management  of  maritime 
biological resources  should be discouraged; 

Whereas each Member State must therefore  meet its responsibilities  to ensure that the  fishing 
vessels  authorized  to  fly  its  flag  comply  with  international  conservation  and  management 
measures by appropriate and effective  means coordinated at international level; 

Whereas to that end the Community took part in international negotiations which culminated in 
the approval by the Conference of the Food and Agriculture Organization of the United Nations 
at its twenty-seventh  session in November  1993 of the Agreement to Promote Compliance with 

(,) 

OJ No 

International  Conservation  and Management  Measures  by Fishing  Vessels  on the High Seas; 

Whereas  that Agreement  is  a useful  framework  for  strengthening  international  cooperation  to 
ensure  that  the  effectiveness  of  international  conservation  and  management  measures  is  not 
undermined; 

Whereas  that Agreement  will  form  an  integral  part of  the International  Code  of  Conduct  for 
Responsible  Fishing  called  for in the Declaration  of  Cancûn of  May  1992; 

Whereas  Community fishermen fish on  the high  seas  and it  is  therefore  in  the  Community's 
interest to accede to that Agreement, 

HAS DECIDED  AS FOLLOWS: 

Article 1 

The European  Community hereby accedes to the Agreement  to Promote Compliance with 
International  Conservation  and Management Measures  by Fishing  Vessels  on the High Seas. 

The text of  the Agreement is attached to this Decision. 

Article  2 

The President  of  the Council  shall  designate  the person  authorized  to lodge the instrument  of 
accession  with the Director-General  of  the Food and Agriculture  Organization  of  the United 
Nations in accordance with Article X(2)  of  the Agreement. 

Done at Brussels, 

1994 

For the Council 
The President 

L 

AGREEMENT  TO PROMOTE COMPLIANCE 
WITH INTERNATIONAL  CONSERVATION AND MANAGEMENT  MEASURES 
BY FISHING VESSELS ON THE HIGH SEAS 

PREAMBLE 

The Parties to this Agreement. 

Recognizing that all States have the right for their nationals to engage in fishing on the high 
seas,  subject  to  the  relevant  rules  of  international  law,  as  reflected  in  the  United  Nations 
Convention oh the Law of the Sea, 

Further  recognizing  that,  under  international  law  as  reflected  in  the  United  Nations 
Convention on the Law of the Sea, all States have the duty to take, or to cooperate with other 
States  in taking,  such measures  for  their respective  nationals  as may  be necessary  for  the 
conservation  of the living resources  of the high seas, 

Acknowledging  the  right  and  interest  of  all  States  to  develop  their  fishing  sectors  in 
accordance with their national policies, and the need to promote cooperation with developing 
countries to enhance their capabilities  to fulfil  their obligations under this Agreement, 

Recalling  that Agenda 21, adopted  by the United  Nations Conference  on Environment and 
Development, calls upon States to take effective  action, consistent with international law, to 
deter  reflagging  of  vessels  by  their  nationals  as  a  means  of  avoiding  compliance  with 
applicable conservation  and management rules for  fishing  activities on the high seas, 

Further recalling that the Declaration of Cancun, adopted by the International Conference on 
Responsible  Fishing, also calls on States to take action in this respect, 

Bearing  in mind  that under  Agenda 21, States commit themselves  to the  conservation  and 
sustainable use of marine living resources  on the high seas, 

Calling  upon  States  which  do  not  participate  in  global,  regional  or  subregional 
fisheries 
organizations  or arrangements  to join or,  as  appropriate,  to enter  into understandings  with 
such  organizations  or  with  parties  to  such  organizations  or  arrangements  with  a  view  to 
achieving compliance  with international  conservation  and management  measures, 

Conscious of the duties of every State to exercise effectively  its jurisdiction and control over 
vessels  flying  its flag,  including fishing  vessels and vessels engaged  in the transhipment of 
fish, 

Mindful  that  the  practice  of  flagging  or  reflagging  fishing  vessels  as  a means  of  avoiding 
compliance  with  international  conservation  and  management  measures  for  living  marine 
resources,  and the failure  of flag  States to fulfil  their responsibilities  with respect to  fishing 

-} 

vessels  entitled  to  fly  their  flag,  are  among  the  factors  that  seriously  undermine  the 
effectiveness  of  such measures, 

Realizing that the objective of this Agreement can be achieved through specifying  flag States' 
responsibility in respect of fishing vessels entitled to fly their flags and operating on the high 
seas,  including  the  authorization  by  the  flag  State  of  such  operations,  as  well  as  through 
strengthened  international  cooperation  and  increased  transparency  through the exchange of 
information  on high seas  fishing, 

Noting that this Agreement  will form  an integral part of the International Code of  Conduct 
for  Responsible  Fishing called for  in the Declaration of  Cancun, 

Desiring  to  conclude  an  international  agreement  within  the  framework  of  the  Food  and 
Agriculture Organization of the United Nations, hereinafter referred  to as FAO, under Article 
XIV of the FAO Constitution, 

Have agreed as follows: 

Article I 

DEFINITIONS 

For the purposes  of this Agreement: 

(a) 

(b) 

"fishing  vessel"  means any vessel used  or intended  for  use for  the purposes 
of the commercial  exploitation of  living marine resources,  including mother 
ships and any other vessels directly engaged  in such fishing  operations; 

"international  conservation  and  management  measures"  means  measures  to 
conserve  or manage one or more species  of  living marine  resources  that are 
adopted and applied in accordance with the relevant rules of international law 
as  reflected  in the  1982 United  Nations Convention on the Law  of  the  Sea. 
Such  measures  may  be  adopted  either  by  global,  regional  or  subregional 
fisheries organizations, subject to the rights and obligations of their members, 
or by treaties or other international  agreements; 

(c) 

"length"  means 

(i) 

for  any  fishing  vessel  built after  18 July  1982, 96 percent  of  the total 
length on a waterline at 85 percent of the least moulded depth measured 
from  the top of the keel, or the length from  the foreside  of the stem to 
the  axis  of  the  rudder  stock  on  that  waterline,  if  that  be  greater.  In 
ships designed with a rake of keel the waterline on which this length is 
measured  shall be parallel  to the designed  waterline; 

(ii) 

for  any  fishing  vessel  built  before  18 July  1982,  registered  length  as 
entered  on the national register  or other record  of vessels; 

s  -

(d) 

(e) 

"record  of  fishing  vessels"  means  a  record  of  fishing  vessels  in  which  are 
recorded  pertinent  details  of  the  fishing  vessel.  It may  constitute  a  separate 
record  for fishing vessels  or form  part of  a general  record  of  vessels; 

"regional  economic  integration  organization"  means  a  regional  economic 
integration  organization  to  which  its  member  States  have  transferred 
competence  over matters covered  by this Agreement,  including  the authority 
to make decisions  binding  on its member States  in respect  of  those matters; 

(f) 

"vessels entitled to fly its flag" and "vessels entitled to fly the flag of a State", 
includes  vessels  entitled  to  fly  the  flag  of  a  member  State  of  a  regional 
economic  integration  organization. 

Article  H 

APPLICATION 

1. 
fishing  vessels  that are used  or intended  for fishing on the high seas. 

Subject to the following paragraphs of this Article, this Agreement shall apply to all 

2. 
A  Party  may  exempt  fishing  vessels  of  less  than 24 metres  in length entitled  to  fly 
its  flag  from  the  application  of  this  Agreement  unless  the  Party  determines  that  such  an 
exemption  would  undermine  the  object  and purpose  of  this  Agreement,  provided  that  such 
exemptions: 

(a) 

shall  not be granted  in respect  of  fishing  vessels  operating  in fishing  regions 
referred  to  in paragraph 3  below,  other than fishing  vessels  that are  entitled 
to fly  the flag  of  a coastal  State of  that fishing  region; and 

(b) 

shall  not apply to the obligations undertaken by a Party under paragraph  1 of 
Article III,  or paragraph 7  of  Article VI  of  this  Agreement. 

3. 
Without  prejudice  to  the  provisions  of  paragraph  2  above,  in  any  fishing  region 
where bordering coastal States have not yet declared exclusive economic zones, or equivalent 
zones  of  national  jurisdiction  over  fisheries,  such  coastal  States  as  are  Parties  to  this 
Agreement may agree, either directly or through appropriate regional fisheries organizations, 
to establish a minimum length of fishing vessels below which this Agreement shall not apply 
in respect of fishing vessels flying the flag of any such coastal State and operating exclusively 
in such fishing  region. 

Article  III 

FLAG  STATE  RESPONSIBILITY 

(a)  Each  Party  shall  take  such  measures  as  may  be  necessary  to  ensure  that 
fishing  vessels  entitled  to  fly  its  flag  do  not  engage  in  any  activity  that 

S-

undermines  the  effectiveness  of  international  conservation  and  management 
measures. 

(b) 

In the event that a Party has, pursuant to paragraph 2 of Article II, granted an 
exemption  for  fishing  vessels  of  less  than 24  metres  in length entitled  to  fly 
its flag  from the application of other provisions of this Agreement,  such Party 
shall nevertheless take effective measures in respect of any such fishing vessel 
that  undermines 
international  conservation  and 
management  measures.  These  measures  shall  be  such  as  to  ensure  that  the 
fishing  vessel  ceases  to engage  in activities  that undermine  the  effectiveness 
of  the  international  conservation  and management measures. 

the  effectiveness  of 

In particular, no Party shall allow any fishing vessel entitled to fly its flag to be used 
2. 
for  fishing  on  the  high  seas  unless  it has  been  authorized  to be  so  used  by  the  appropriate 
authority or authorities of that Party.  A fishing vessel  so authorized  shall fish in accordance 
with the conditions  of  the authorization. 

3. 
No  Party  shall  authorize  any  fishing  vessel  entitled  to  fly  its  flag  to  be  used  for 
fishing on the  high seas  unless  the  Party  is  satisfied  that it  is  able,  taking  into account  the 
links  that  exist  between  it  and  the  fishing  vessel  concerned,  to  exercise  effectively  its 
responsibilities  under this Agreement  in respect  of  that fishing vessel. 

4. 
Where  a fishing  vessel  that has been authorized  to be used  for  fishing  on the  high 
seas by a Party ceases to be entitled to fly the flag  of that Party, the authorization to fish on 
the high seas  shall  be deemed  to have been cancelled. 

5. 

(a)  No  Party  shall  authorize  any  fishing  vessel  previously  registered  in  the 
territory  of  another  Party  that  has  undermined  the  effectiveness  of 
international conservation and management measures to be used for fishing on 
the high  seas,  unless  it is  satisfied  that 

(i) 

any period of  suspension by  another Party of  an authorization for  such 
fishing  vessel  to be used  for fishing on the high seas  has expired;  and 

(ii)  no  authorization  for  such  fishing  vessel  to  be  used  for  fishing  on  the 
high  seas  has  been  withdrawn  by  another  Party  within  the  last  three 
years. 

(b)  The provisions of subparagraph (a) above shall also apply in respect of  fishing 
vessels previously  registered  in the territory of a State which is not a Party to 
this Agreement,  provided  that sufficient  information  is available  to the Party 
concerned  on  the  circumstances  in  which  the  authorization  to  fish  was 
suspended  or withdrawn. 

(c)  The  provisions  of  subparagraphs  (a)  and  (b)  shall  not  apply  where  the 
ownership of the fishing  vessel has subsequently changed,  and the new owner 
has  provided  sufficient  evidence  demonstrating  that  the  previous  owner  or 

O 

operator has no further legal, beneficial  or financial  interest in, or control  of, 
the fishing  vessel. 

(d)  Notwithstanding  the  provisions  of  subparagraphs  (a) and (b)  above,  a Party 
may authorize a fishing vessel, to which those subparagraphs would otherwise 
apply,  to  be used  for  fishing  on  the  high  seas,  where  the  Party  concerned, 
after having taken into account all relevant facts,  including the circumstances 
in which the fishing  authorization has been withdrawn by the other Party or 
State,  has  determined  that  to  grant  an  authorization  to  use  the  vessel  for 
fishing on the high seas would  not undermine  the object and purpose  of  this 
Agreement. 

6. 
Each  Party  shall  ensure  that  all  fishing  vessels  entitled  to  fly  its  flag  that  it  has 
entered in the record maintained under Article IV are marked in such a way that they can be 
readily identified in accordance with generally accepted standards, such as the FAO Standard 
Specifications  for the Marking and Identification  of Fishing Vessels. 

Each Party shall ensure that each fishing vessel  entitled to fly  its flag  shall provide 
7. 
it with such information on its operations  as may be necessary  to enable the Party to  fulfil 
its obligations under this Agreement, including in particular information pertaining to the area 
of  its fishing operations  and to its catches and landings. 

8. 
Each Party shall take enforcement measures in respect of fishing  vessels entitled to 
fly  its flag which act in contravention of the provisions of this Agreement,  including, where 
appropriate,  making  the  contravention  of  such  provisions  an  offence  under  national 
legislation.  Sanctions  applicable  in  respect  of  such  contraventions  shall  be  of  sufficient 
gravity as to be effective in securing compliance with the requirements of this Agreement and 
to deprive offenders of the benefits accruing from their illegal activities. Such sanctions shall, 
for  serious  offences,  include  refusal,  suspension  or withdrawal  of  the authorization  to  fish 
on the high seas. 

Article  IV 

RECORDS  OF FISHING  VESSELS 

Each Party shall,  for the purposes of  this Agreement,  maintain a record of fishing 
vessels entitled to fly its flag and authorized to be used for fishing on the high seas, and shall 
take such measures  as  may  be  necessary  to ensure  that all  such fishing vessels  are entered 
in that record. 

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Article V 

INTERNATIONAL COOPERATION 

1. 
The Parties shall cooperate as appropriate in the implementation of this Agreement, 
and  shall,  in particular,  exchange  information,  including  evidentiary  material,  relating  to 
activities of fishing vessels in order to assist the flag State in identifying those fishing vessels 
flying its flag reported to have engaged in activities undermining  international conservation 
and management measures, so as to fulfil  its obligations under Article III. 

When a fishing  vessel is voluntarily  in the port of a Party other than its flag State, 
2. 
that Party, where it has reasonable grounds for believing that the fishing vessel has been used 
for  an  activity  that  undermines  the  effectiveness  of  international  conservation  and 
management measures,  shall promptly  notify  the flag  State accordingly.  Parties may make 
arrangements regarding the undertaking by port States of such investigatory measures as may 
be considered necessary to establish whether the fishing vessel has indeed been used contrary 
to the provisions of this Agreement. 

3. 
The Parties  shall,  when and as appropriate,  enter  into cooperative  agreements  or 
arrangements of mutual assistance on a global, regional, subregional or bilateral basis so as 
to promote the achievement of the objectives of this Agreement. 

Article VI 

EXCHANGE OF INFORMATION 

1. 
Each  Party  shall  make  readily  available  to  FAO  the  following  information  with 
respect to each fishing  vessel entered in the record required to be maintained under Article 
IV: 

(a)  name of fishing vessel, registration number, previous names (if known), and 

port of registry; 

(b)  previous flag (if any); 

(c) 

International Radio Call Sign (if any); 

(d)  name and address of owner or owners; 

(e)  where and when built; 

(f) 

type of vessel; 

(g) 

length. 

~\l  ~ 

2. 
Each  Party  shall,  to  the  extent  practicable,  make  available  to  FAO  the  following 
additional  information  with respect  to each fishing  vessel  entered  in the record  required  to 
be maintained under Article IV: 

(a) 

name and address of  operator (manager) or operators  (managers)  (if any); 

(b) 

type of  fishing  method or methods; 

(c)  moulded depth; 

(d)  beam; 

(e) 

-gross  register tonnage; 

(f) 

power of  main engine  or engines. 

3. 
in paragraphs  1 and 2 of  this Article. 

Each Party shall promptly notify to FAO any modifications to the information listed 

4. 
FAO shall circulate periodically the information provided under paragraphs 1,2,  and 
3  of  this Article to all Parties,  and,  on request,  individually  to any Party.  FAO shall also, 
subject  to  any  restrictions  imposed  by  the  Party  concerned  regarding  the  distribution  of 
information,  provide  such  information  on  request  individually  to  any  global,  regional  or 
subregional  fisheries  organization. 

5. 

Each Party shall also promptly  inform FAO of  -

(a) 

any additions to the record; 

(b) 

any deletions from  the record by reason of  -

(i) 

(ii) 

(iii) 

(iv) 

the  voluntary  relinquishment  or  non-renewal  of  the 
authorization by the fishing vessel  owner or operator; 

fishing 

the  withdrawal  of  the  fishing  authorization  issued  in  respect  of  the 
fishing vessel  under paragraph 8 of Article III; 

the fact that the fishing  vessel  concerned  is no  longer entitled  to  fly 
its flag; 

the  scrapping,  decommissioning  or  loss  of  the  fishing  vessel 
concerned; or 

(v) 

any other reason. 

6. 
concerned  shall  specify  which of  the reasons listed  in that paragraph is applicable. 

Where  information  is  given  to  FAO  under  paragraph  5  (b)  above,  the  Party 

~\i 

7. 

Each Party shall  inform  FAO of 

(a) 

any exemption it has granted under paragraph 2 of Article II, the number and 
type  of  fishing  vessel  involved  and  the  geographical  areas  in  which  such 
fishing  vessels  operate; and 

(b) 

any agreement reached under paragraph 3 of Article II. 

8. 

(a) 

Each Party shall report promptly to FAO all relevant information regarding 
any  activities  of  fishing  vessels  flying  its  flag  that  undermine  the 
effectiveness  of  international  conservation  and  management  measures, 
including the identity of the fishing vessel  or vessels  involved and measures 
imposed  by  the  Party  in  respect  of  such  activities.  Reports  on  measures 
imposed by a Party may be subject to such limitations as may be required by 
national  legislation  with respect  to  confidentiality,  including,  in particular, 
confidentiality  regarding  measures that are not yet final. 

(b) 

Each Party,  where  it has reasonable  grounds to believe that a fishing vessel 
not  entitled  to  fly  its  flag  has  engaged  in  any  activity  that undermines  the 
effectiveness  of  international conservation and management measures,  shall 
draw  this  to  the  attention  of  the  flag  State  concerned  and  may,  as 
appropriate,  draw  it to the attention of  FAO. It shall provide the flag  State 
with full supporting evidence and may provide FAO with a summary of such 
evidence. FAO shall not circulate such information until such time as the flag 
State  has  had  an  opportunity  to  comment  on  the  allegation  and  evidence 
submitted,  or to object as the case  may be. 

9. 
Each Party shall inform FAO of any cases where the Party, pursuant to paragraph 5 
(d) of Article III,  has granted an authorization notwithstanding the provisions of paragraph 5 
(a)  or  5  (b)  of  Article  III.  The  information  shall  include  pertinent  data  permitting  the 
identification  of the fishing  vessel  and the owner or operator and, as appropriate, any other 
information relevant to the Party's decision. 

10. 
FAO shall circulate promptly the information provided under paragraphs 5,  6,  7,  8 
and 9  of  this  Article  to  all  Parties,  and,  on request,  individually  to any  Party.  FAO  shall 
also,  subject to  any  restrictions  imposed  by  the Party  concerned  regarding  the distribution 
of  information,  provide  such  information  promptly  on  request  individually  to  any  global, 
regional  or subregional  fisheries  organization. 

The  Parties  shall  exchange  information  relating  to  the  implementation  of  this 
11. 
Agreement,  including  through FAO and other appropriate  global,  regional  and subregional 
fisheries  organizations. 

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Article VH 

COOPERATION WITH DEVELOPING COUNTRIES 

The Parties shall cooperate, at a global, regional, subregional or bilateral level, and, 
as appropriate,  with the support of  FAO and other  international  or regional  organizations, 
to provide assistance, including technical assistance, to Parties that are developing countries 
in order to assist them in fulfilling  their obligations under this Agreement. 

Article VIII 

NON-PARTIES 

1. 
The  Parties  shall  encourage  any  State  not  party  to this  Agreement  to  accept  this 
Agreement and shall encourage any non-Party to adopt laws and regulations consistent with 
the provisions of this Agreement. 

2. 
The  Parties  shall  cooperate  in a manner  consistent  with this Agreement  and  with 
international law to the end that fishing vessels entitled to fly the flags of non-Parties do not 
engage  in  activities  that  undermine  the  effectiveness  of  international  conservation  and 
management measures. 

3. 
The  Parties  shall  exchange  information  amongst  themselves,  either  directly  or 
through FAO, with respect to activities of fishing vessels flying the flags of non-Parties that 
undermine the effectiveness  of international conservation and management measures. 

Article IX 

SETTLEMENT  OF DISPUTES 

1. 
Any  Party  may  seek  consultations with any other  Party  or  Parties  on any  dispute 
with regard  to the interpretation or application of the provisions of  this Agreement  with a 
view to reaching  a mutually satisfactory  solution as soon as possible. 

2. 
In  the  event  that the  dispute  is not  resolved  through  these  consultations within a 
reasonable period of time, the Parties in question shall consult among themselves as soon as 
possible  with  a  view  to  having  the  dispute  settled  by  negotiation,  inquiry,  mediation, 
conciliation,  arbitration, judicial settlement or other peaceful  means of their own choice. 

Any dispute of  this character  not so resolved  shall, with the consent of all  Parties 
3. 
to  the  dispute,  be  referred  for  settlement  to  the  International  Court  of  Justice,  to  the 
International  Tribunal  for  the  Law  of  the  Sea  upon  entry  into  force  of  the  1982  United 
Nations Convention on the Law of the Sea or to arbitration.  In the case of failure  to reach 
agreement on referral  to the International Court of Justice, to the International Tribunal  for 
the Law of the Sea or to arbitration, the Parties shall continue to consult and cooperate with 

\<> 

-

a view to reaching settlement of the dispute in accordance with the rules of international law 
relating to the conservation of  living marine resources. 

Article X 

ACCEPTANCE 

1. 
This Agreement shall be open to acceptance by any Member or Associate  Member 
of FAO, and to any non-member State that is a member of the United Nations, or of any of 
the specialized agencies of the United Nations or of the International Atomic Energy Agency. 

2. 
Acceptance  of  this Agreement  shall  be effected  by  the deposit of an instrument  of 
acceptance  with  the  Director-General  of  FAO,  hereinafter  referred  to  as  the  Director-
General. 

3. 
The Director-General  shall inform all Parties, all Members and Associate Members 
of  FAO  and the  Secretary-General  of  the  United  Nations  of  all  instruments  of  acceptance 
received. 

4. 
When  a  regional  economic  integration  organization  becomes  a  Party  to  this 
Agreement,  such  regional  economic  integration  organization  shall,  in accordance  with  the 
provisions of Article II.7 of the FAO Constitution, as appropriate, notify such modifications 
or clarifications  to  its declaration  of  competence  submitted  under Article  II.5  of  the  FAO 
Constitution as may be necessary  in light of its acceptance of this Agreement.  Any Party to 
this Agreement may,  at any time, request a regional economic  integration organization that 
is  a  Party  to this  Agreement  to provide  information  as  to  which,  as between  the  regional 
economic 
is  responsible  for  the 
implementation of any particular matter covered by this Agreement.  The regional economic 
integration organization shall provide this information within a reasonable time. 

integration  organization  and  its  Member  States, 

Article XI 

ENTRY  INTO  FORCE 

1. 
General  of the twenty-fifth  instrument of acceptance. 

This Agreement  shall  enter  into force  as  from the date of  receipt  by  the Director-

2. 
For  the  purpose  of  this  Article,  an  instrument  deposited  by  a  regional  economic 
integration  organization  shall  not  be  counted  as  additional  to  those  deposited  by  member 
States of  such an organization. 

li -

Article XII 

RESERVATIONS 

Acceptance  of  this  Agreement  may  be  made  subject  to  reservations  which  shall 
become  effective  only  upon  unanimous  acceptance  by  all  Parties  to this  Agreement.  The 
Director-General  shall  notify  forthwith  all  Parties  of  any  reservation.  Parties  not  having 
replied  within  three  months  from  the  date  of  the  notification  shall  be  deemed  to  have 
accepted the reservation.  Failing such acceptance, the State or regional economic integration 
organization making the reservation shall not become a Party to this Agreement. 

Article XIH 

AMENDMENTS 

1. 
communicated  to the Director-General. 

Any  proposal  by  a  Party  for  the  amendment  of  this  Agreement  shall  be 

2. 
Any proposed amendment of this Agreement received by the Director-General from 
a Party shall be presented to a regular or special session of the Conference  for approval and, 
if the amendment involves important technical changes or imposes additional obligations on 
the Parties, it shall be considered by an advisory committee of specialists convened by FAO 
prior to the Conference. 

3. 
Notice of  any proposed  amendment of  this Agreement  shall be transmitted  to the 
Parties by the Director-General not later than the time when the agenda of the session of the 
Conference  at which the matter is to be considered  is dispatched. 

Any such proposed amendment of this Agreement shall require the approval of the 
4. 
Conference and shall come into force as from the thirtieth day after acceptance by two-thirds 
of the Parties. Amendments involving new obligations for Parties, however, shall come into 
force  in respect of each Party  only on acceptance  by it and as from  the thirtieth day  after 
such  acceptance.  Any amendment  shall  be deemed  to  involve  new obligations  for  Parties 
unless the Conference,  in approving the amendment, decides otherwise by consensus. 

The  instruments  of  acceptance  of  amendments  involving  new obligations  shall  be 
5. 
deposited with the Director-General, who shall inform all Parties of the receipt of acceptance 
and the entry into force of amendments. 

For  the  purpose  of  this  Article,  an  instrument  deposited  by  a  regional  economic 
6. 
integration  organization  shall  not  be counted  as  additional  to  those  deposited  by  member 
States of such an organization. 

-w 

Article XIV 

WITHDRAWAL 

Any Party  may withdraw from  this Agreement at any time after  the expiry of two 
years from the date upon which the Agreement entered into force with respect to that Party, 
by giving written notice of such withdrawal to the Director-General  who shall immediately 
inform all the Parties and the Members and Associate Members of FAO of such withdrawal. 
Withdrawal shall become effective at the end of the calendar year following that in which the 
notice of withdrawal has been received by the Director-General. 

Article XV 

DUTIES OF THE DEPOSITARY 

The Director-General  shall be the Depositary  of this Agreement.  The Depositary 

shall: 

(a) 

(b) 

send  certified  copies  of  this  Agreement  to  each  Member  and  Associate 
Member of FAO and to such non-member States as may become party to this 
Agreement; 

arrange for the registration of this Agreement, upon its entry into force, with 
the Secretariat of the United  Nations in accordance with Article  102 of the 
Charter of the United Nations; 

(c) 

inform each Member and Associate Member of FAO and any non-member 
States as may become Party to this Agreement  of: 

(i) 

instruments of acceptance deposited in accordance with Article X; 

(ii) 

(hi) 

the  date  of  entry  into  force  of  this  Agreement  in  accordance  with 
Article XI; 

proposals  for  and  the  entry  into  force  of  amendments  to  this 
Agreement in accordance with Article XIII; 

(iv)  withdrawals from  this Agreement pursuant to Article XIV. 

Article XVI 

AUTHENTIC  TEXTS 

The  Arabic,  Chinese,  English,  French,  and  Spanish  texts  of  this  Agreement  are 

equally authentic. 

IS 

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COM(94) 331 final 

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