Proposal for a COUNCIL DECISION on the accession of the Community to the Agreement creating the Indian Ocean Tuna Commission
Date: 1994-09-16
Institutions: European Commission
Subjects: Indian Ocean, UN convention, fishery resources, international agreement, management of resources, sea fish

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(94) 386 final 
Brussels,  16.09.1994 

94/0206 (CNS) 

Proposal  for a 

COUNCIL DECISION 

on the accession of the Community to the Agreement  creating 
the Indian Ocean Tuna Commission 

(presented  by the Commission) 

EXPLANATORY MEMORANDUM 

As a member of the FAO, the Community took part in the work which resulted 
in November 1993 in the FAO Council's approval of an Agreement creating the 
Indian Ocean Tuna Commission. 

The  purpose  of  the  Agreement,  pursuant  to  the  Law  of  the  Sea,  is  to 
strengthen international cooperation with a view to managing and preserving 
stocks  of  Indian  Ocean  tuna  and  related  species.  A  Commission  has  been 
established  to this effect with responsibility  for stock conservation and 
management. 

As  Community  fishermen  traditionally  engage  in  the  types  of  fishing 
activities  covered  by  the Agreement,  the  Commission  is proposing  to  the 
Council  that  the  Community  should  accede  to  the Agreement  creating  the 
Indian Ocean Tuna Commission and deposit the instrument of accession with 
the Director-General  of the FAO. 

It should be pointed out that the Agreement deals with the conservation and 
management  of  species,  which  is  the  exclusive  responsibility  of  the 
Community in fishing matters, and as such the Community alone should accede 
to  the  Agreement. 
However,  certain  Member  States  may  accede  to  the 
agreement  in so far as they are responsible for the external relations of 
territories  situated  in  the  region,  and  to which  the  EC Treaty  does  not 
apply. 

>* 

Draft Council Decision 

of 

on the accession of the Community to the Agreement  creating 
the Indian Ocean Tuna Commission 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having  regard to the proposal from the Commission, 

Having  regard  to the opinion of the European Parliament1, 

Whereas the Community signed the United Nations Convention on the Law of the 
Sea which requires all members of the international community to cooperate 
in conserving  and managing the sea's biological resources; 

Whereas, in the case of sea fishing, the Community has responsibility  for 
adopting measures to conserve and manage fishery resources and to enter into 
contractual  arrangements  in  this  regard  with  third  countries  and 
international organizations; 

Whereas  the  Community  participated  to  this  end  in  the  international 
negotiations which culminated  in the approval of an agreement by the Food 
ana Agriculture  Organization  of the United  Nations  to  create  the  Indian 
Ocean Tuna Commission; 

Whereas  this  Agreement  constitutes  a  useful  framework  for  strengthening 
international cooperation for the purpose of conserving and making rational 
use of Indian Ocean tuna and related species; 

Whereas Community fishermen are engaged in fishing for these species in the 
Indian Ocean; whereas  it is in the Community's  interest  to accede  to the 
said Agreement, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement creating the Indian Ocean Tuna Commission is hereby 
approved on behalf of the Community. 

The text of the Agreement is annexed to this Decision. 

1 OJ C No 

L 

Article 2 

The President of the Council shall designate the person empowered to deposit 
the  instrument  of  accession  with  the  Director-General  of  the  Food  and 
Agriculture  Organization  of  the  United  Nations  in  accordance  with 
Article XVII(1) of the Agreement. 

Done at Brussels, 

For the Council 

The President 

3 

AGREEMENT FOR THE ESTABLISHMENT OF THE 
INDIAN OCEAN TUNA COMMISSION 

PREAMBLE 

The Contracting Parties, 

Recognizing the desirability of promoting the peaceful  uses of the seas and oceans, and the 
equitable and efficient  utilization and conservation of their living resources, 

Desiring to contribute to the realization of a just and equitable international economic order, 
with due regard to the special interests and needs of developing countries, 

Desiring to cooperate with a view to ensuring the conservation of tuna and tuna-like species 
in the Indian Ocean and promoting their optimum utilization, and the sustainable development 
of the fisheries, 

Recognizing, in particular, the special interests of developing countries in the Indian Ocean 
Region to benefit equitably from  the fishery resources, 

Considering the United Nations Convention on the Law of the Sea opened for signature on 
10 December  1982 and, in particular, Articles 56, 64 and  116 to  119 thereof, 

Considering  that  the  conservation  of  tuna  and  tuna-like  species  and  the  sustainable  and 
rational utilization of tuna resources in the Indian Ocean would be greatly enhanced by the 
establishment  of  cooperative measures  by both the coastal states of  the Indian Ocean and 
other States whose nationals harvest tuna and tuna-like species in the region, 

Bearing in mind the Western Indian Ocean Tuna Organization Convention which was opened 
for signature on  19 June 1991, 

Considering  that  the  aforementioned  objectives  could  best  be  achieved  through  the 
establishment of a Commission set up under Article XIV of the Constitution of the Food and 
Agriculture Organization of the United Nations, 

Have agreed as follows: 

Article I 

ESTABLISHMENT 

The  Contracting  Parties  hereby  agree  to  establish  the  Indian  Ocean  Tuna 
Commission (hereinafter referred to as the "Commission") within the framework of the Food 
and Agriculture Organization of the United Nations (hereinafter  referred  to as "FAO"). 

2 

Article II 

AREA OF  COMPETENCE 

The  area  of competence of  the Commission  (hereinafter  referred  to as the  "Area") 
shall be the Indian Ocean (defined for the purpose of this Agreement as being FAO statistical 
areas  51 and  57 as  shown on the map set out  in Annex  A to this  Agreement)  and  adjacent 
seas, north of the Antarctic Convergence,  insofar as it is necessary  to cover such seas for the 
purpose  of  conserving  and managing stocks that migrate  into or out of the Indian Ocean. 

Article IH 

SPECIES  AND STOCKS 

The species covered by this Agreement shall be those set out in Annex B. The term 
"stocks" means the populations of such species which are located in the Area or migrate into 
or out  of  the  Area. 

Article IV 

MEMBERSHIP 

1. 
of  FAO 

Membership  in the Commission shall be open to Members and Associate Members 

(a) 

that are: 

(i) 

(ii) 

(iii) 

coastal  States or  Associate  Members  situated  wholly  or partly  within 
the Area; 

States  or  Associate  Members  whose  vessels  engage  in  fishing  in  the 
Area  for  stocks covered  by this Agreement;  or 

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; 

and 

(b) 

that accept this Agreement  in accordance  with the provisions  of paragraph  1 
of Article XVII. 

The  Commission  may,  by  a  two-thirds  majority  of  its  Members,  admit  to 
2. 
membership any other States that are not Members of FAO, but are Members of the United 
Nations, or of any of its Specialized Agencies or of the International Atomic Energy Agency, 
provided  that  such States: 

(a) 

are 

(i) 

coastal  States situated wholly or partly within the Area;  or 

(ii) 

States whose vessels engage in fishing  in the Area for stocks covered 
by this Agreement; and 

(b)  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 
acceptance  in accordance with paragraph 2 of Article XVII, 

3. 
With  a  view  to  furthering  the  objectives  of  this  Agreement,  the  Members  of  the 
Commission  shall  cooperate  with each other to encourage  any State or regional  économie 
integration  organization  which  is  entitled  to  become,  but  is  not  yet,  a  Member  of  the 
Commission,  to accede  to this Agreement. 

4. 
If any Member of the Commission ceases to meet the criteria set out in paragraphs 
1 or 2  above  for  two consecutive  calendar  years,  the Commission  may,  after  consultation 
with the Member concerned, determine that the Member is deemed to have withdrawn from 
this Agreement effective  as from the date of  that determination. 

5. 
Member Organization means vessels of a Member State of  such Member Organization. 

For  the  purposes  of  this  Agreement,  the  term  "whose  vessels"  in  relation  to  a 

Nothing in this Agreement,  nor any act or activity carried out in pursuance of this 
6. 
Agreement, shall be interpreted as changing or in any way affecting the position of any party 
to this Agreement with respect to the legal status of  any area covered by this Agreement. 

Article V 

OBJECTIVES,  FUNCTIONS  AND RESPONSIBILITIES OF THE COMMISSION 

1. 
The  Commission  shall  promote  cooperation  among  its  Members  with  a  view  to 
ensuring,  through  appropriate  management,  the conservation  and optimum  utilization  of 
stocks covered by this Agreement and encouraging sustainable development of fisheries based 
on such stocks. 

2. 
In  order  to  achieve  these  objectives,  the  Commission  shall  have  the  following 
functions  and responsibilities,  in accordance  with the  principles  expressed  in the  relevant 
provisions of the United Nations Convention on the Law of  the Sea: 

(a) 

to keep under review  the conditions and trends of  the stocks and to gather, 
analyse and disseminate scientific  information,  catch and effort  statistics and 
other data relevant to the conservation and management of the stocks and to 
fisheries  based on the stocks covered by this Agreement; 

(b) 

to encourage, recommend, and  coordinate research and development activities 
in respect  of  the  stocks  and fisheries  covered  by  this  Agreement,  and such 
other activities as the Commission may decide appropriate, including activities 

<r 

connected with transfer of technology,  training and enhancement,  having due 
regard  to  the  need  to ensure  the equitable  participation  of  Members  of  the 
Commission  in the fisheries  and the special  interests  and needs of Members 
in the region that are developing countries; 

to adopt, in accordance with Article IX and on the basis of scientific evidence, 
conservation  and  management  measures,  to  ensure  the  conservation  of  the 
stocks  covered  by  this  Agreement  and  to  promote  the  objective  of  their 
optimum utilization throughout the Area; 

to keep under review  the economic  and social  aspects  of  the fisheries  based 
on the stocks covered by this Agreement bearing  in mind,  in particular,  the 
interests of developing coastal states; 

to consider and approve its programme and autonomous budget, as well as the 
accounts for the past budgetary period; 

to transmit to the Director-General of FAO (hereinafter  referred  to  as  the 
"Director-General")  reports  on  its  activities,  programme,  accounts  and 
autonomous budget and on such other matters as may be appropriate for action 
by the Council or the Conference  of FAO; 

to adopt its own Rules of Procedure, Financial Regulations and other internal 
administrative regulations as may be necessary to carry out its functions; and 

to carry  out such other activities as may be necessary  to fulfil  its objectives 
as set out above. 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

3. 
view to furthering  the objectives of this Agreement. 

The  Commission  may  adopt decisions  and  recommendations,  as  required,  with a 

Article VI 

SESSIONS OF THE COMMISSION 

1. 
Each Member of the Commission shall be represented at sessions of the Commission 
by a single delegate who may be accompanied by an alternate and by experts and advisers. 
Alternates, experts and advisers may take part in the proceedings of the Commission but may 
not  vote,  except  in  the  case  of  an alternate  who  is  duly  authorized  to  substitute  for  the 
delegate. 

2. 
Each Member of the Commission shall have one vote.  Unless otherwise provided 
in this Agreement,  decisions and recommendations of  the Commission shall be taken by a 
majority  of  the votes cast.  A majority of the Members of  the Commission shall constimte 
a quorum. 

3. 
The Commission may adopt and amend, as required, its own Rules of Procedure by 
a  two-thirds  majority  of  its  Members,  which  Rules  shall  not  be  inconsistent  with  this 
Agreement or with the Constitution of FAO. 

r 

4. 
Commission. 

The Chairperson of the Commission shall convene an annual regular session of the 

Special  sessions  of  the Commission  may  be  convened  by  the  Chairperson  of  the 

5. 
Commission at the request of at least one-third of  its Members. 

The  Commission  shall  elect 

than  two 
6. 
Vice-Chairpersons,  each of  whom shall serve for a term of two years and shall be eligible 
for re-election but shall  not serve for more than four years  in succession.  In electing the 
Chairperson and the Vice-Chairpersons the Commission shall pay due regard to the need for 
an equitable representation from among the Indian Ocean States. 

its  Chairperson  and  no  more 

7. 
The Commission may adopt and amend, as required,  the Financial Regulations of 
the Commission by a two-thirds majority of its Members, which Financial Regulations shall 
be  consistent  with  the  principles  embodied  in  the  Financial  Regulations  of  FAO.  Hie 
Financial Regulations and amendments thereto shall  be reported  to the Finance Committee 
of FAO which shall have the power to disallow them if it finds that they are inconsistent with 
the principles embodied in the Financial Regulations of FAO. 

8. 
In order to ensure tlose cooperation between the Commission and FAO, FAO shall 
have the right to participate without vote in all meetings of the Commission and subsidiary 
bodies established  in accordance with paragraph 5 of  Article XII. 

Article VII 

OBSERVERS 

Any Member or Associate Member of FAO that is not a Member of the Commission 
1. 
may,  upon  its  request,  be  invited  to  be  represented  by  an  observer  at  sessions  of  the 
Commission.  It may submit memoranda and participate without vote in the discussions. 

States  which,  while  not Members  of  the  Commission  nor Members  or Associate 
2. 
Members of  FAO, are Members of the United Nations,  any of  its Specialized  Agencies or 
the International Atomic Energy Agency may, upon request and subject to the concurrence 
of the Commission through its Chairperson and to the provisions relating to the granting of 
observer status to nations adopted by the Conference  of  FAO, be invited to attend sessions 
of the Commission as observers. 

The  Commission may  invite  intergovernmental  or,  on  request,  non-governmental 
3. 
organizations having special competence in the field of activity of the Commission to attend 
such of  its meetings as the Commission may  specify. 

Article VHI 

ADMINISTRATION 

1. 
The Secretary  of the Commission (hereinafter  referred  to as the  "Secretary") 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 
Members  of  the  Commission.  The  staff  of  the  Commission  shall  be  appointed  by  the 
Secretary  and shall be under the Secretary's direct supervision.  The Secretary  and staff  of 
the Commission shall be appointed under the same terms and conditions as staff members of 
FAO; they shall,  for administrative purposes,  be responsible  to the Director-General. 

2. 
The Secretary shall be responsible for implementing the policies and activities of the 
Commission  and shall  report  thereon to the Commission.  The Secretary  shall  also act as 
Secretary  to other subsidiary  bodies established  by the Commission,  as required. 

3. 
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 FAO.  The expenses 
to be borne by  FAO shall  be determined  and paid  within the limits of  the biennial  budget 
prepared  by the  Director-General  and approved  by  the Conference  of  FAO  in accordance 
with the General  Rules and the Financial Regulations of FAO. 

4. 
Expenses  incurred  by  delegates,  their  alternates,  experts  and  advisers  when 
attending, as government  representatives,  sessions  of the Commission,  its sub-commissions 
and its committees, as well as the expenses incurred by observers at sessions, shall be borne 
by  the  respective  governments  or organizations.  The  expenses  of  experts  invited  by  the 
Commission to attend,  in their individual capacity,  meetings of the Commission or its sub-
commissions or committees shall be borne by the budget of the Commission. 

Article DC 

PROCEDURES  CONCERNING  CONSERVATION  AND MANAGEMENT  MEASURES 

1. 
Subject  to  paragraph  2,  the  Commission  may,  by  a  two-thirds  majority  of  its 
Members  present  and  voting,  adopt  conservation  and  management  measures  binding  on 
Members of the Commission in accordance with this Article. 

2. 
Conservation and management measures for stocks for which a sub-commission has 
been established under paragraph 2 of Article XII, shall be adopted upon the proposal of the 
sub-commission concerned. 

3. 
of  any  conservation  and management measures adopted by the Commission. 

The  Secretary  shall,  without undue delay,  notify  the Members of  the Commission 

4. 
Subject to paragraphs 5 and 6,  conservation and management measures adopted by 
the Commission under paragraph  1,  shall become binding on Members  120 days from the 
date specified  in the Secretary's notification or on such other date as may be specified by the 
Commission. 

5. 
Any  Member of  the Commission may, within  120 days from the date specified  or 
within such other period as may be specified  by the Commission under paragraph 4,  object 
to a conservation  and management measure adopted under paragraph  1.  A Member of the 
Commission  which  has  objected  to  a  measure  shall  not  be  bound  thereby.  Any  other 
Member of the Commission may similarly object within a further period of 60 days from the 
expiry of the 120-day period.  A Member of the Commission may also withdraw its objection 

î 

at any time and become bound by the measure immediately if the measure is already in effect 
or at such time as it may come into effect  under this article. 

6. 
If objections to a measure adopted under paragraph  1 are made by more than one-
third  of  the Members  of  the Commission,  the other Members  shall  not  be bound  by that 
measure; but this shall  not preclude any or all of them from giving effect  thereto. 

7. 
receipt of each objection or withdrawal of objection. 

The  Secretary  shall  notify  each  Member  of  the  Commission  immediately  upon 

8. 
The  Commission  may,  by  a simple  majority  of  its  Members  present  and  voting, 
adopt recommendations concerning conservation and management of the stocks for furthering 
the objectives of  this Agreement. 

Article X 

IMPLEMENTATION 

1. 
Each  Member of  the Commission  shall ensure  that such action  is taken,  under its 
national legislation,  including the imposition of adequate penalties for violations, as may be 
necessary  to make effective  the provisions of this Agreement and to implement conservation 
and management measures which become binding on it under paragraph  1 of  Article IX. 

Each  Member  of  the  Commission  shall  transmit  to  the  Commission  an  annual 
2. 
statement of the actions it has taken pursuant to paragraph  1.  Such statement shall be sent 
to the Secretary  of  the Commission not later than 60 days before the date of the  following 
regular session of  the Commission. 

3. 
The Members  of the Commission shall cooperate,  through the Commission,  in the 
establishment  of  an  appropriate  system  to  keep  under  review  the  implementation  of 
conservation and management measures adopted under paragraph 1 of Article IX, taking into 
account appropriate  and effective  tools and techniques to monitor the fishing  activities and 
to gather the scientific  information required for the purposes of this Agreement. 

The  Members  of  the  Commission shall  cooperate  in  the exchange  of  information 
4. 
regarding any fishing for stocks covered by this Agreement by nationals of any State or entity 
which is not a Member of  the Commission. 

Article XI 

INFORMATION 

1. 
The Members of the Commission shall, on the request of the Commission, provide 
such available  and accessible  statistical  and other data and information  as the  Commission 
may require for the purposes of this Agreement.  The Commission shall decide the scope and 
form of  such statistics and the intervals at which they  shall be provided.  The Commission 
shall  also endeavour  to obtain fishing  statistics  from fishing  States or entities  which are not 
Members  of  the Commission. 

^ / OO 

8 

Each Member of the Commission shall provide to the Commission copies of laws, 
2. 
regulations and administrative instructions in force or, where appropriate, summaries thereof, 
relating to the conservation and management of stocks covered by this Agreement and shall 
inform  the  Commission  of  any  amendment  or  repeal  of  such  laws,  regulations  and 
administrative instructions. 

Article  Xn 

SUBSIDIARY  BODIES 

1. 

The Commission shall establish a permanent Scientific  Committee. 

2. 
stocks covered  by this Agreement. 

The  Commission  may establish sub-commissions to deal  with  one  or more  of the 

3. 
Such  sub-commissions  shall  be  open  to  Members  of  the  Commission  which  are 
coastal States lying on the migratory path of the stocks concerned  in the sub-commission or 
are States whose vessels participate in the fisheries  of these stocks. 

4. 
related to the management of the stocks concerned and in particular: 

A sub-commission shall provide a forum for consultation and cooperation on matters 

(a) 

to keep under review the stocks concerned  and to gather scientific  and other 
relevant information relating to the stocks concerned; 

(b) 

to assess  and analyse the conditions and trends of the stocks concerned; 

(c) 

to coordinate research and studies of the stocks concerned; 

(d) 

to report to the Commission on its findings; 

(e) 

to  propose  such  recommendations  for  action  by  the  Members  of  the 
Commission  as  may  be  appropriate,  including  action  to  obtain  necessary 
information  relating  to  the  stocks  and  proposals  for  conservation  and 
management measures; 

(0 

to consider any matter referred  to it by the Commission. 

5. 
The  Commission  may,  subject  to  the  provisions  of  this  Article,  establish  such 
committees, working parties or other subsidiary bodies as may be necessary for the purposes 
of this Agreement. 

^ 

6. 
The establishment by the Commission of any sub-commission which requires funding 
by the Commission, and of any committee, working party or other subsidiary body shall be 
subject to the availability of the necessary  funds  in the approved autonomous budget of the 
Commission or of  FAO as the case may be.  When the related expenses are to be borne by 
FAO, the determination of such availability shall be made by the Director-General.  Before 
taking any decision involving expenditure in connection with the establishment of subsidiary 
bodies,  the Commission  shall  have  before  it a  report  from  the  Secretary  or the Director-
General, as appropriate, on the administrative and financial  implications. 

7. 
activities as the Commission may require. 

Subsidiary bodies shall provide to the Commission such information regarding their 

Article XIH 

FINANCES 

Each Member of the Commission undertakes to contribute annually its share of the 
1. 
autonomous  budget  in  accordance  with  a  scale  of  contributions  to  be  adopted  by  the 
Commission. 

At  each  regular  session,  the  Commission  shall  adopt  its  autonomous  budget  by 
2. 
consensus  of  its Members 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 Members. 

3. 

(a)  The amount of the contribution of each Member of the Commission shall be 
determined  in accordance  with a scheme which the Commission shall  adopt 
and amend by consensus. 

(b) 

In adopting the scheme,  due consideration shall  be given to each  Member 
being assessed  an equal basic fee  and a variable fee  based,  inter alia,  on the 
total catch and landings of species covered by this Agreement in the Area, and 
the per capita income of each Member. 

(e)  The  scheme  adopted or amended  by  the Commission  shall  be set out  in the 

Financial Regulations of the Commission. 

4. 
Any  non-Member  of  FAO  that  becomes  a  Member  of  the  Commission  shall  be 
required  to make such contribution towards the expenses  incurred  by FAO with respect to 
the activities of the Commission as the Commission may determine. 

5. 
determined by the Commission with the concurrence  of the Director-General. 

Contributions  shall  be  payable  in  freely  convertible  currencies  unless  otherwise 

6. 
The  Commission  may  also  accept  donations  and  other  forms  of  assistance  from 
organizations, individuals and other sources for purposes connected with the fulfilment of any 
of  its functions. 

^ 2-

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Contributions and donations and other forms of assistance  received  shall be placed 
7. 
in  a  Trust  Fund  administered  by  the  Director-General  in  conformity  with  the  Financial 
Regulations of FAO. 

A  Member of  the Commission  which  is  in arrears  in the payment of  its  financial 
8. 
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 Member to vote  if  it is 
satisfied  that the failure  to pay was due to conditions beyond the control of the Member. 

Article XIV 

HEADQUARTERS 

The Commission,  after consultation with the Director-General,  shall determine the 

place of  its headquarters. 

Article XV 

COOPERATION  WITH OTHER ORGANIZATIONS  AND INSTITUTIONS 

The Commission shall cooperate and make appropriate arrangements therefore with 
1. 
other intergovernmental organizations and institutions, especially those active in the fisheries 
sector,  which might contribute to the work and further the objectives of the Commission in 
particular  with  any  intergovernmental  organization  or  institution  dealing  with  mna  in the 
Area.  The Commission may enter into agreements with such organizations and institutions. 
Such agreements shall seek to promote complementarity and, subject to paragraph 2, to avoid 
duplication in and conflict  with the activities of the Commission and such organizations. 

2. 
Nothing  in this  Agreement  shall  prejudice  the  rights  and responsibilities  of  other 
intergovernmental  organizations or institutions dealing with mna or a species of mna in the 
Area or the validity of any measures adopted by such organization or institution. 

Article XVI 

COASTAL STATES'  RIGHTS 

This Agreement shall not prejudice the exercise of sovereign rights of a coastal state 
in  accordance  with  the  international  law  of  the  sea  for  the  purposes  of  exploring  and 
exploiting,  conserving  and managing  the  living  resources,  including  the  highly  migratory 
species,  within a zone of up to 200 nautical miles under its jurisdiction. 

yi± 

Article XVH 

ACCEPTANCE 

1. 
be effected  by the deposit of an instrument of acceptance with the Director-General. 

Acceptance of this Agreement by any Member or Associate Member of FAO shall 

2. 
Acceptance of this Agreement by any State referred  to in paragraph 2 of Article IV 
shall  be effected  by the deposit  of an instrument of  acceptance  with the Director-General. 
Acceptance  shall  become  effective  on  the  date  on  which  the  Commission  approves  the 
application for membership. 

3. 
The Director-General shall inform all Members of the Commission, all Members of 
FAO and the Secretary-General of the United Nations of  all acceptances that have become 
effective. 

Article XVHI 

* 

ENTRY  INTO  FORCE 

This Agreement  shall enter  into force  as from the date of  receipt by the Director-
General  of  the tenth instrument of acceptance.  Thereafter,  with respect to each Member or 
Associate  Member  of  FAO  or  State  referred  to  in  paragraph  2  of  Article  IV  which 
subsequently deposits an instrument of acceptance,  this Agreement shall enter into force  on 
the  date  on  which  such  acceptance  takes  effect  or  becomes  effective  in  accordance  with 
Article XVII above. 

Article XIX 

RESERVATIONS 

Acceptance  of this Agreement may  be made subject  to reservations  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. 

Article XX 

AMENDMENT 

This Agreement may be amended by  a three-quarters majority of  the Members of 

1. 
the Commission. 

2. 
Proposals  for amendments may be made by any Member of  the Commission or by 
the Director-General.  Proposals made by a Member of  the Commission shall  be addressed 
to both the Chairperson of the Commission and the Director-General  and those made by the 
Director-General shall be addressed to the Chairperson of the Commission, not later than 120 
days before  the Session of the Commission at which the proposal  is to be considered.  The 

^V 

12 

Director-General  shall immediately inform all Members of the Commission of all proposals 
for amendments. 

3. 
Any amendment to this Agreement shall be reported to the Council of  FAO which 
may disallow  an amendment which is clearly  inconsistent  with the objectives and purposes 
of  FAO or the provisions of the Constitution of FAO. 

4. 
Amendments  not involving new obligations  for Members of  the Commission shall 
take effect  for all  Members  from the date of their adoption by the Commission,  subject to 
paragraph 3 above. 

Amendments involving new obligations for Members of the Commission shall, after 
5. 
adoption by  the Commission,  subject to paragraph 3  above,  come  into force  in respect of 
each  Member  only  upon  its  acceptance  thereof.  The  instruments  of  acceptance  of 
amendments  involving  new  obligations  shall  be  deposited  with  the  Director-General.  The 
Director-General  shall inform all Members of the Commission and the Secretary-General  of 
the  United  Nations  of  such acceptance.  The rights and obligations  of  any  Member  of the 
Commission that has not accepted  an amendment involving  new obligations  shall  continue 
to be governed  by the provisions of this Agreement in force  prior to the Amendment. 

6. 
Amendments  to  the  Annexes  to  this  Agreement  may  be  adopted  by  a two-thirds 
majority  of  the  Members  of  the  Commission  and  shall  come  into  force  from  the  date  of. 
approval  by the Commission. 

7. 
The Director-General shall inform all Members of the Commission, all Members and 
Associate Members of FAO and the Secretary-General of the United Nations of the entry into 
force  of  any amendment. 

Article XXI 

WITHDRAWAL 

1. 
Any  Member of  the Commission 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 Member, by giving written notice of such withdrawal to the Director-General 
who  shall  immediately  inform  all  the Members of  the  Commission  and the  Members and 
Associate  Members  of  FAO  and  the  Secretary-General  of  the  United  Nations  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. 

2. 
A Member of  the Commission 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 
Member  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 statement,  the 
withdrawal  shall  be deemed  to apply  to all  the territories  for  the international  relations  of 
which  the  Member  of  the  Commission  is  responsible,  with  the  exception  of  territories 
belonging to an Associate Member which is a Member of the Commission in its own right. 

3. 
Any Member of the Commission that gives notice of withdrawal from FAO shall be 
deemed  to have simultaneously  withdrawn from the Commission,  and this withdrawal shall 

/S 

be deemed to apply to all the territories for the international relations of which the Member 
of the Commission is responsible, with the exception of territories belonging to an Associate 
Member which is a Member of the Commission in its own  right. 

4. 

Withdrawal may also take place as provided for under paragraph 4 of Article IV. 

Article XXII 

TERMINATION 

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

Article XXIH 

INTERPRETATION  AND SETTLEMENT  OF DISPUTES 

Any  dispute  regarding  the  interpretation  or  application  of  this Agreement,  if  not 
settled by the Commission, shall be referred  for settlement to a conciliation procedure to be 
adopted by the Commission.  The results of such conciliation procedure, while not binding 
in character,  shall become the basis for renewed consideration by the parties concerned of 
the matter out of which the disagreement arose.  If as the result of this procedure the dispute 
is not settled, it may be referred  to  the International Court of Justice in accordance with the 
Stamte of the International Court of Justice, unless the parties to the dispute agree to another 
method of settlement. 

Article XXIV 

DEPOSITARY 

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

shall: 

(a) 

(b) 

(c) 

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; 

inform each Member and Associate Member of FAO which has accepted this 
Agreement  and  any  non-Member  State  which  has  been  admitted  to 
membership in the Commission  of: 

yft 

14 

(i) 

(ii) 

the application of  a non-Member  State to be admitted to membership 
in the Commission; 

proposals  for  the  amendment  of  this  Agreement  or  of  the  Annexes 
thereto; 

(d) 

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

(i) 

(ii) 

the  deposit  of  instruments  of  acceptance  in  accordance  with  Article 
XVII; 

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

(iii) 

reservations made to this Agreement in accordance with Article XIX; 

(iv) 

the  adoption  of  amendments  to  this  Agreement  in  accordance  with 
Article XX; 

(v) 

withdrawals from this Agreement pursuant to Article XXI; and 

(vi) 

termination of this Agreement  in accordance  with Article XXII. 

"? 

ANNEX A 

FAO  Fishing Areas  in the  Indo-Pacific 

30° 

40° 

50° 

60° 

70° 

80° 

90°  IOO° 

«10°  120°  130°  140° 

150° 

Slî 

FAO English  name 

FAO  French  name 

FAO  Spanish  name 

Scientific  name 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Yellowfin  tuna 

Skipjack  tuna 

Bigeye tuna 

Aibacore 

Southern bluefin  tuna 

Longtail  tuna 

Kav.akawa 

Frigate runa 

Bullet tuna 

10. 

Narrow-barred  Spanish  mackerel 

11. 

Indo-Pacific  king  mackerel 

N) 

12. 

Indo-Pacific  blue marlin 

Black mariin 

Striped  inarlin 

li. 

14, 

15. 

16. 

Aibacore 

Listao 

Thon obèse 

Germon 

Thon rouge du sud 

Thon mignon 

Rabil 

Listado 

Patudo 

Anîn bianco 

Atun del sur 

Atûn tongol 

Thunnus albarcares 

Katsuwonus pelamis 

Thunnus  obesus 

Thunnus alalunga 

Tliunnus  maccoyii 

Thunnus  tonggol 

Thonine orientale 

Bacbreta oriental 

Euthynnus  qffinis 

Auxide 

Bonite 

Thazard rayé (Indo-
Pacifique) 

Thazard ponctué (Indo-
Pacifique) 

Melva 

Melva  (=Melvera) 

Carite estriado (Indo-
Pacîfico) 

Auxis  thazard 

Auxis  rochei 

Scomberomorus 
commerson 

Carite (Indo-Pacîfico) 

Scomberomorus  gutuuus 

Thazard bleu (Indo-
Pacifique) 

Aguja azul (Indo-
Pacifico) 

Makaira  mazara 

Makaire noir 

Marlin rayé 

Aguja negra 

Makaira  indien 

• Marlin ray ado 

Tetrapturus audax 

Indo-Pacific  sail  fish 

Voilier  (Indo-Pacifique) 

Pez vela  (Indo-Pacîfico) 

Istiophorus platypterus 

Sword  fish 

Espadon 

Pez espada 

Xiphias gladius 

x 

ISSN 0254-1475 

COM(94) 386 final 

DOCUMENTS 

EN 

1103 

Catalogue number : CB-CO-94-403-EN-C 

ISBN 92-77-80531-5 

Office  for Official ï*ublicarions of tbe European Gonunumries 
L-2985 Luxembourg 

2-o