Proposal for a COUNCIL DECISION on the accession of the European Community to the General Fisheries Council for the Mediterranean
Date: 1997-02-26
Institutions: European Commission
Subjects: European Community, FAO, Mediterranean Sea, cooperation policy, fishery management

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  26.02.1997 
COM(97) 67  final 

97/0059  (AVC) 

Proposal  for a 

COUNCIL DECISION 

on the accession  of the European  Community  to the General  Fisheries  Council  for the 
Mediterranean 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Community  accession  to  the  General  Fisheries  Council  for  the  Mediterranean  (GFCM) 
is  possible  by  virtue  of  Article  XIV  of  the  FAO  Constitution  whereby  the  Community 
may  become  a member  of  all  the  agreements  and  conventions  of  that  organization  based 
on  the  said  provision. 

It  is  very  much  in  the  Community's  interest  to  become  a  member  of  the  GFCM,  whose 
area  of  competence  covers  the management  and  conservation  of  fish  stocks,  in  particular 
in  connection  with  establishing  a  fisheries  regime  in  the  Mediterranean.  The  role  the 
Community  can  play  within  the  GFCM  has  been  stressed  by  all  concerned,  i.e.  all  the 
Mediterranean  coastal  States,  including  those  which  are  Community  Member  States,  the 
FAO  and  the  GFCM. 

Membership  of  the  GFCM  forms  part  of  the  overall  cooperation  policy  which  the 
Community  is  developing  in  the  Mediterranean.  Fisheries  is  one  of  the  main  aspects  of 
that  policy,  and  the  Commission  has  undertaken  several  measures  in  this  area,  including 
organizing two diplomatic conference  on fisheries  management  in the Mediterranean,  held 
in  Crete  in  December  1994  and  in  Venice  in  November  1996,  at  which  the  participants 
stressed  the  need  to  reinforce  the  role  of  the  GFCM  as  a  management  body  and  stated 
their  conviction  that  the  participation  of  the  Community  as  a  member  could  make  a 
decisive  contribution  towards  achieving  that  objective. 

The  Commission  presented  a  recommendation  to  the  Council  on  23  February  1993  for 
a  decision  seeking  authorization  to  negotiate  Community  accession  to  the  GFCM1  and 
calling  for  the  withdrawal  of  the  four  Member  States  concerned  (Greece,  Spain,  France 
and  Italy).  This  recommendation  was  amended  in  19962  in  the  light  of  developments 
regarding  accession  to  the  GFCM.  Given  the  specific  field  of  activities  of  the  GFCM,  the 
Commission  was not  opposed to the Member  States  concerned  remaining  members  of  the 
GFCM  alongside  the  Community,  provided  that  the  latter's  competence  was  respected. 
This  is  a  special  situation  which  does  not  give  grounds  for  reviewing  the  status  of  the 
Community  within  other  international  organizations  in  which  it  has  exclusive  powers 
regarding  fisheries,  nor  does  it  constitute  a  precedent  for  possible  accession  to  other 
similar  organizations. 

The  texts  of  the  Agreement  and  Rules  of  Procedure  of  the  GFCM  must  be  adapted  to 
permit  the  formal  accession  of  the  Community.  The  adoption  of  the  amendments  will  be 
proposed  at  the  next  ordinary  session  of  the  GFCM,  scheduled  to  be  held  in  Morocco  in 
October  1997,  enabling  the  Commission  to  become  a  member  at  that  session. 

When  it  accedes  to  the  GFCM, the  Community  will  deposit  the  single  declaration  on  the 
exercise  of  competences  and  voting  rights  given  in  the  Appendix,  which  will  remain  in 
force  for  all  subsequent  meetings  unless  specified  otherwise.  The  declaration 
takes 
account  of  the  specific  nature  of  the  matters  dealt  with  by  the  GFCM  and  does  not 

1 
2 

SEC  (93)  258  final,  23.2.  1993. 
SEC  (95)  1960  final,  10.1.1996. 

2 

prejudice  any  future  declarations  made  within  the  framework  of  other  international 
organizations. 

In the  light  of the foregoing,  the  Commission  proposes  that  the  Council  decide  that  the 
European Community is to accede to the General Fisheries Council for the Mediterranean. 
The  Commission  requests  that  the  Council  adopt  the  joint  declaration  given  in  the 
Appendix  and attach  it to the minutes of the meeting. 

Proposal  for a 

Council  Decision  of 

on the accession  of the European  Community  to the General  Fisheries  Council  for the 
Mediterranean 

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  sentence  of  paragraph  2  and the  second 
subparagraph  of paragraph 3 of  Article  228  thereof, 

Having  regard to the proposal  from  the Commission1, 

Having  regard to the assent of the European Parliament2, 

Whereas the Community  is a signatory to 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 sea; 

Whereas,  as regards sea fisheries,  the  Community  is  responsible  for  adopting  measures 
for  the  conservation  and  management  of  fishery  resources  and  in  that  connection  for 
entering  into  commitments  with third countries or international  organizations; 

Whereas the management  and conservation  of the living  resources of the Mediterranean 
Sea requires international  regulation; 

Whereas, to that end, an international  agreement on the management and conservation  of 
living  marine  resources  in  the  Mediterranean  Sea  and  establishing  a General  Fisheries 
Council  for the Mediterranean  (GFCM) was concluded  in Rome on 24  September  1949; 

Whereas, to contribute to the conservation of living marine resources in the area covered 
by  the  Agreement  of  the  General  Fisheries  Council  for  the  Mediterranean  in  which 
Community  fishermen  operate, the  Community  should  accede  to  the  General  Fisheries 
Council  for the Mediterranean; 

Whereas the Community  became a member of the United Nations Food and Agriculture 
Organization  (FAO) on  26 November  1991; 

Whereas the accession  of the Community  to the GFCM is possible  under Article 1(2) of 
the Agreement of the GFCFM, read in conjunction with Article XIV of the revised FAO 
Constitution; 

1 
2 

OJNo 
OJNo 

^ 

Whereas  the  Agreement  and  Rules  of  Procedure  of  the  GFCM  have  been  adapted  to 
permit the accession  of the Community, 

HAS  DECIDED  AS FOLLOWS: 

Sole  Article 

1. 

The  Community  shall  accede  to  the  General  Fisheries  Council  for  the 
Mediterranean  by  means of  the  declaration  of  acceptance  of  the  Agreement and 
the  Rules  of  Procedure  of  the  organization,  in  accordance  with  the  instrument 
contained  in  Annex I. 

The  Community  shall  also  deposit  a  single  declaration  on  the  exercise  of 
competences  and voting  rights agreed between  the Council  and the Commission. 

2. 

The texts of  the Agreement  and the Rules of Procedure of  the  General  Fisheries 
Council  for the Mediterranean  are contained  in Annex II. 

Done  at Brussels, 

For the Council 
The President 

S" 

APPENDIX 

(not for publication) 

Joint declaration  by the Council  and the  Commission 

The Council  and the Commission declare that the maintenance of Member States 
within the GFCM shall not impede the exercise of Community  competences. The 
special  case of the GFCM shall not constitute a precedent for the accession of the 
Community  to  other  fisheries  organizations  and  does  not justify  reviewing  the 
situation with regard to organizations in which the Community alone participates. 

The  single  declaration  on  the  exercise  of  competences  and  voting  rights  given 
below  shall  apply  for  all  meetings  of  the  General  Fisheries  Council  for  the 
Mediterranean  except  where  the  Community  gives  special  prior  notice  to  the 
GFCM  Secretariat.  The  arrangement  reached  between  the  Council  and  the 
Commission regarding the preparation of meetings of the FAO shall apply mutatis 
mutandis  to the preparation  of  sessions  of the GFCM. 

This single  declaration on the exercise of  competences  and voting  rights can not 
modify  the external  competences of the EC based on the Treaty. It takes account 
of  the  specific  nature  of  the  matters  dealt  with  by  the  GFCM  and  does  not 
prejudice any future declarations made within the framework of other international 
organizations. 

Accession  of  the  European  Community  to  the  General  Fisheries  Council  for  the 
Mediterranean  (GFCM) 

Single statement on the exercise of competence and voting rights according to article II.6 
of the GFCM Agreement 

This statement specifies  the competence of the European  Community  and of  its Member 
States in matters covered  by  the  Agreement  of  the  GFCM. 

1. 

European Community's  exclusive  competence. 

For  agenda  items  dealing  with  conservation  and  management  of  living  marine 
resources, the European  Community  has exclusive  competence  and voting  rights. 

2. 

Member  States'  competence. 

For  agenda  items  dealing  with  organisational  matters  (legal,  budgetary  and 
issues),  the  Member  States  of  the  European  Community  have 
procedural 
competence  and  voting rights. 

3. 

Shared  competence. 

a) 

b) 

c) 

For  agenda  items  dealing  with  statistics  and  aquaculture,  the  competence 
is  shared  between  the  European  Community  and  its  Member  States.  The 
European  Community  has voting  rights. 

For  agenda  items  dealing  with  research  and  development  aid, 
the 
competence  is shared  between  the European  Community  and  its  Member 
States. Member  States  have  voting  rights. 

For  agenda  items  dealing  with  consideration  of  reports  and  cooperation 
with  other  organizations, the  competence  is shared  between  the European 
Community  and  its Member  States. The European  Community  has voting 
rights  subject  to the  distribution  of  competence  above. 

This  statement  on  the  exercise  of  competence  and  voting  rights  applies  to  all  GFCM 
meetings  unless  a specific  statement  is  made by  the European  Community  in  respect  of 
any  meeting  or  agenda  item. 

Should  the  scope  of  the  competence  shared  between  the  European  Community  and  its 
Member  States  change,  this  statement  will  be  completed  or  modified. 

i 

ANNEX  I 

Instrument  of  accession  to the  General  Fisheries  Council  for  the  Mediterranean 

Sir, 

I have the honour to inform  you  that the European  Community  has decided  to accede to 
the General Fisheries  Council  for  the Mediterranean.  I therefore  ask  that you  accept this 
instrument  by  which  the  Community  accepts  the  Agreement  and Rules  of  Procedure  of 
the  General  Fisheries  Council  for  the Mediterranean,  in  accordance  with  Articles  I  and 
XI  thereof,  and  the  single  declaration  of  competences  and  voting  rights,  in  accordance 
with  the second  sentence  of  Article 11(6) of the  Agreement. 

The European Community formally  and without reservation accepts the obligations arising 
from  its membership  of  the  General  Fisheries  Council  for  the  Mediterranean,  as set  out 
in  the  Agreement  and  Rules  of  Procedure,  and  formally  undertakes  to  fulfil 
the 
obligations  upon  it  at the time of  its  accession. 

I  have the honour  to  be,  Sir, yours  faithfully, 

President  of  the  Council  of the European  Union 

Mr  Diouf 
Director-General 
United  Nations Food  and  Agriculture  Organization 
Via  délie Terme  di  Caracal la 
00100 Roma 
Italy 

8r 

ANNEX II 

AGREEMENT AND RULES OF PROCEDURE 
OF THE 
GENERAL FISHERIES COUNCIL FOR THE MEDITERRANEAN 

as amended by the General Fisheries Council for  the Mediterranean  on 22 May  1963 by 
its First Special Session, Rome, and on  1  July  1976 by its Thirteen  Session, Rome 

(This text includes the amendments  to the agreement and to the rules of procedure of the 
General Fisheries  Council for  the Mediterranean proposed by FAO in order to allow  the 
accession of the European Community; these amendements will be adopted at the next session 
of the General Fisheries  Council for  the Mediterranean to be held in October 1997) 

Preamble 

AGREEMENT 

The  Contracting  Parties  having  a  mutual  interest  in  the  development  and  proper 
utilization  of  the  living  marine  resources  of  the  Mediterranean  and  the  Black  Sea  and 
connecting  waters,  and  desiring  to  further  the  attainment  of  their  objectives  through 
international  cooperation  which  would  be  furthered  by  the  establishment  of  a  General 
Fisheries Council  for  the Mediterranean,  agree as follows: 

ARTICLE I 

The Council 

The  Contracting  Parties  hereby  establish  within  the  framework  of  the  Food  and 
1. 
Agriculture Organization of the United Nations (hereinafter referred to as "the Organization") 
a Council to be known as the General Fisheries Council for  the Mediterranean  (hereinafter 
referred to as "the Councir), for the purpose of exercising the functions and discharging the 
responsibilities  set forth  in Article III below. 

2. 
The Members of the Council shall be 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  or  the  International  Atomic  Energy  Agency,  which  accept  this 
Agreement in accordance with the provisions of  Article XI below,  it being understood that 
these provisions shall not affect  the membership status in the Council of such States that are 
not  Members  of  the United  Nations,  any  of  its  Specialized  Agencies  or  the  International 
Atomic Energy Agency as may have become parties to this Agreement prior to 22 May 1963. 
As regards Associate Members, this Agreement shall, in accordance with the provisions of 
Article XIV-5 of the Constitution and Rule XXI-3 of the General Rules of the Organization, 
be submitted by the Organization  to the authority having responsibility  for  the international 

p:\cgpm\acc.en 

relations of  such Associate Members. 

ARTICLED 

Organization 

1. 
Each member  shall be represented  at sessions of  the Council  by  one delegate,  who 
may be accompanied by an alternate and by experts and advisers.  Participation in meetings 
of  the Council 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. 

3. 

4. 

5. 

6. 

Subject to paragraph 3, each  Member shall have one vote.  Decisions of  the Council 
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  Council  shall  constitute  a 
quorum. 

A Regional Economic Integration Organization  that is a Member of the Council  shall 
have in any meeting of the Council or of any subsidiary body of the Council a number 
of  votes  equal  to  the number  of  its Member  States  that  are  entitled  to  vote  in  such 
meeting. 

A Regional  Economic  Integration  Organization  that  is Member  of  the  Council  shall 
exercise its membership rights on an alternative basis with its Member  States that are 
Members  of  the  Council  in  the  areas  of  their  respective  competence.  Whenever  a 
Regional  Economic  Integration  Organization  that  is  a  Member  of  the  Commission 
exercises its right to vote, its Member States shall not exercise theirs, and conversely. 

Any  Member  of  the  Council  may  request  a  Regional  Economic  Integration 
Organization  that is a Member  of the Council or its Member  States that are  members 
of  the  Council  to  provide  information  as  to  which,  as  between  the  Member 
Organization  and  its  Members  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. 

Before  any  meeting  of  the  Council  or  a  subsidiary  body  of  the  Council  a  Regional 
Economic  Integration  Organization  that  is a  Member  of  the  Council  or  its  Member 
States that are Members of the Council 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  Member  of  the 
Council or  its Member  States that are Members of the Council  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. 

p:\cgpm\acc.en 

7. 

8. 

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 party which has the right to vote. 

For  the  purpose  of  determining  a  quorum  of  any  meeting  of  the  Council,  the 
delegation of a Regional Economic Integration Organization that is a Member of the 
Council  shall be counted  to the extent that it is entitled to vote in the meeting. 

9. 

The Council  shall elect a Chairman and two Vice-Chairmen. 

10. 
The Chairman of the Council shall normally convene a regular session of the Council 
at least once every two years unless otherwise directed by a majority  of the Members.  The 
site  and  date  of  all  sessions  shall  be  determined  by  the  Council  in  consultation  with  the 
Director-General  of  the  Organization. 

11. 

The  seat of  the Council  shall be at  the headquarters  of  the Organization  in  Rome. 

The  Organization  shall  provide  the  Secretariat  for  the  Council  and  the  Director-

12. 
General  shall  appoint  its  Secretary,  who  shall be administratively  responsible  to  him. 

13. 
The Council  may,  by  a two-thirds  majority of  its  membership,  adopt and amend  its 
own Rules of Procedure which shall be consistent with the General Rules of the Organization. 
The Rules of the Council and any amendments thereto shall come into force as from  the date 
of approval by the Director-General  of  the Organization. 

ARTICLE HI 

Functions 

The  purpose  of  the  Council  shall  be  to  promote  the  development,  conservation, 
rational management and best utilization of living marine resources, and to these ends it shall 
have the following  functions and responsibilities: 

a) 

b) 

to keep under review the state of these resources,  including  their abundance and the 
level of  their exploitation,  as well as the state of  the fisheries  based thereon; 

to  formulate  and  recommend,  in  accordance  with  the  provisions  of  Article  V, 
appropriate measures: 

(i) 

for  the  conservation  and  rational  management  of  living  marine  resources, 
including  measures: 

regulating  fishing  methods and fishing  gear, 

V\ 

prescribing the minimum  size for  individual of specified  species, 

establishing open and closed fishing  seasons and areas, 

regulating  the amount  of  total  catch  and  fishing  effort  and  their  allocation 
among Members, 

(ii) 

for  the implementation of these recommendations; 

c) 

d) 

e) 

f) 

g) 

to keep under  review  the economic  and  social  aspects  of  the  fishing  industry  and 
recommend any measures aimed at its development; 

to encourage,  recommend,  coordinate  and,  as appropriate,  undertake  training  and 
extension activities in all aspects of  fisheries; 

to encourage,  recommend,  coordinate and,  as appropriate,  undertake  research  and 
development activities, including cooperative projects in the areas of fisheries and the 
protection  of living marine resources; 

to assemble, publish or disseminate information  regarding exploitable living marine 
resources and fisheries based on these resources; 

to carry out such other activities as may be necessary for  the Council to achieve its 
purpose as defined  above. 

ARTICLE IV 

Region 

The Council shall carry out the functions  and responsibilities set forth  in Article III 

in the region as referred  to in the Preamble. 

ARTICLE V 

Recommendations on Management Measures 

1. 
The recommendations referred  to in Article III, paragraph b), shall be adopted by a 
two-thirds  majority  of  Members  of  the  Council  present  and  voting.  The  text  of  such 
recommendations shall be communicated by the Chairman of the Council  to each Member. 

2. 
Subject to the provisions of this Article, the Members of the Council undertake to give 
effect to any recommendations made by the Council under Article III, paragraph b), from the 
date determined by the Council which shall not be before the period for objection provided 
for  in this Article has elapsed. 

3. 

Any Member of the Council may within one hundred and twenty days from  the date 

11 

of notification of a recommendation object to it and in that event shall not be under obligation 
to give effect to that recommendation.  In the event of an objection being made within the one 
hundred and twenty days period any other Member may similarly object at any time within 
a further  period of sixty days.  A Member 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 Members 
of the Council the other Members 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. 

The Chairman of the Council shall notify  each Member immediately upon receipt of 

5. 
each objection  or withdrawal of objection. 

ARTICLE VI 

Reports 

The  Council  shall  transmit,  after  each  session,  a  report  embodying  its  views, 
recommendations and decisions, and make such other reports to the Director-General  of the 
Organization  as  may  seem  to  it  necessary  or  desirable.  Reports  of  the  committees  and 
working  parties  of  the  Council  provided  for  in  Article  VII  of  the  Agreement  shall  be 
transmitted  to the Director-General  of the Organization  through  the Council . 

ARTICLE VH 

Committees, Working Parties and Specialists 

The Council may establish  temporary,  special or  standing committees to  study and 
1. 
report on matters pertaining to the purposes of the Council and working parties to study and 
recommend on specific  technical problems. 

2. 
The  committees  and  working  parties  referred  to  in  paragraph  1  above  shall  be 
convened by the Chairman of the Council at such times and places as are determined by the 
Chairman  in consultation  with the Director-General  of the Organization. 

3. 
The  Council  may  suggest  to  the  Organization  the  recruitment  or  appointment  of 
specialists at the expense of the Organization,  for  the consideration  of specific  questions or 
problems. 

4. 
The establishment of committees and working parties referred to in paragraph  1 above 
and the recruitment or appointment of specialists referred  to in paragraph  3 above, shall be 
subject  to  the availability  of  the  necessary  funds  in  the  relevant  chapter  of  the  approved 
budget  of  the  Organization;  the  determination  of  such  availability  shall  be  made  by  the 
Director-General of the Organization.  Before taking any decision involving expenditures in 
connection with the establishment of committees and working parties and the recruitment or 

appointment of specialists, the Council shall have before it a report from the Director-General 
of the Organization  on the administrative and financial  implications thereof. 

ARTICLE VIE 

Cooperation  with International  Organizations 

The Council shall cooperate closely with other international organizations in matters 

of mutual interest. 

ARTICLE IX 

Expenses 

The expenses of  delegates and  their  alternates,  experts and  advisers occasioned by 
1. 
attendance at sessions of the Council and the expenses of representatives sent to committees 
or  working  parties  established  in  accordance  with  Article  VII of  this  Agreement  shall  be 
determined and paid by  each Member. 

2. 
The expenses of the Secretariat,  including publications and communications and the 
expenses incurred  by  the Chairman  and  Vice-Chairmen  of  the Council,  when  performing 
duties on behalf  of the Council between  Council  sessions,  shall be determined  and paid by 
the Organization  within the limits of the relevant appropriations provided  for  in the budget 
of the Organization. 

3. 
The expenses of research and development projects undertaken by individual Members 
of  the  Council,  whether  independently  or  upon  recommendation  of  the  Council,  shall  be 
determined and paid by the Members concerned. 

4. 
The expenses incurred in connection with cooperative research or development projects 
undertaken  in accordance with the provisions of  Article III,  paragraph  e) unless otherwise 
available shall be determined and paid by the Members in the form and proportion to which 
they  shall  mutually  agree.  Cooperative  projects  shall be  submitted  to  the  Council  of  the 
Organization  prior  to implementation.  Contributions for cooperative projects  shall be paid 
into  a  trust  fund  to  be  established  by  the  Organization  and  shall  be  administered  by  the 
Organization  in accordance with the Financial Regulations and Rules of the Organization. 

5. 
The expenses of  experts  invited,  with  the concurrence  of  the Director-General,  to 
attend  meetings of the Council, committees or working parties in their  individual  capacity 
shall be borne by the budget of the Organization. 

H 

ARTICLE X 

Amendments 

The General Fisheries Council for the Mediterranean  may amend this Agreement by 
a two-thirds majority of all the Members of this Council, any amendment becoming  effective 
only  after  concurrence  of  the  Council  of  the  Organization  unless  the  latter  considers  it 
desirable to refer  the amendment to the Conference  of the Organization  for  approval.  An 
amendment  shall  become  effective  as  from  the  date  of  the  decision  of  the  Council  or 
Conference  of the Organization,  as appropriate.  However,  any amendment  involving new 
obligations  for  Members  shall  come  into  force  with  respect  to  each  Member  only  on 
acceptance of it by that Member.  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 General Fisheries Council for  the Mediterranean,  as well as 
the Secretary-General of the United Nations, of the receipt of acceptances and the entry into 
force  of  such  amendments.  The  rights  and  obligations  of  any  Member  of  the  General 
Fisheries  Council  for  the  Mediterranean  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. 

ARTICLE XI 

Acceptance 

This Agreement shall be open to acceptance by Members or  Associate Members of 

1. 
the Organization. 

2. 
The Council 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. 

Participation in the activities of the Council by Members of the Council which are not 
3. 
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 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-member  nations 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 Council approves 
the application  for  membership,  in  conformity  with  the provisions  of  paragraph  2 of  this 

IS 

Article. 

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

7. 
Acceptance  of  this  Agreement  may  be  made  subject  to  reservations  which  shall 
become  effective  only  upon  unanimous  approval  by  the  Members  of  the  Council.  The 
Director-General of the Organization shall notify forthwith all Members of the Council of any 
reservations.  Members of the Council not having replied within three months from  the date 
of the notification  shall be deemed to have accepted the reservation.  Failing such approval, 
the nation making the reservation  shall not become a party to this Agreement. 

ARTICLE XH 

Entry into force 

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

instrument of acceptance. 

ARTICLE Xffl 

Territorial  Application 

The Member of the Council shall, when accepting this Agreement,  state explicitly to 
which  territories  their  participation  shall  extend. 
In  the  absence  of  such  a  declaration, 
participation  shall be deemed to apply to all the territories for  the international  relations of 
which the Member is responsible.  Subject to the provisions of Article XIV below, the scope 
of the territorial application  may be modified  by a subsequent declaration. 

ARTICLE XIV 

Withdrawal 

Any Member may withdraw from  this Agreement at any time after  the expiration of 
1. 
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  of  the 
Organization who shall immediately inform all the Members of the Council and the Member 
Nations of the Organization of such withdrawal.  Notice of withdrawal shall become effective 
three months from  the date of its receipt by the Director-General. 

2. 
A Member of the Council 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  Council  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 
Member of the Council Commission is responsible, with the exception of Associate Members. 

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

ARTICLE XV 

Interpretation  and Settlement of Disputes 

Any dispute regarding the interpretation or application of this Agreement, if not settled 
by the Council, shall be referred to a committee composed of one member appointed by each 
of the parties to the dispute, and in addition an independent chairman chosen by the members 
of the committee.  The recommendations of such a committee, 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 shall be referred  to the International Court of Justice in accordance with the Statute of the 
Court, or in the case of a Regional Economic Integration organization that is Member of the 
Council, to arbitration, unless the parties to the dispute agree to another method of settlement. 

ARTICLE XVI 

Termination 

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

ARTICLE XVH 

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.  Two copies in 
the English, French and Spanish languages of this Agreement as amended on the 22nd day 
of May one thousand nine hundred and sixty-three by the First Special Session and on the 1 st 
day  of  July  one  thousand  nine  hundred  and  seventy-six  by  the  Thirteenth  Session  of  the 
General  Fisheries  Council  for  the  Mediterranean,  shall  after  approval  by  the  Council  or 
Conference  of  the  Organization,  as  appropriate,  be  certified  by  the  Chairman  of  the 
Conference or Council of the Organization 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  Nation  of  the  Organization  and  to  such  non-member  nations  of  the 
Organization that are or may become parties to this Agreement. 

RULES OF PROCEDURE 

RULE I 

For the purpose of these Rules, the following definitions  apply: 

Agreement: 

Council : 

Chairman: 

The Agreement for  the establishment of the General  Fisheries 
Council  for  the  Mediterranean  formulated  at  Rome  (Italy), 
24 September  1949 as amended  in conformity  with  Article X 
thereof. 

The General Fisheries Council  for  the Mediterranean. 

The Chairman of the Council. 

Vice-Chairman: 

The Vice-Chairman  of the Council. 

Delegate: 

Delegation: 

Member: 

Secretary: 

Organization: 

Conference: 

The  representative  of  a  Member  as  specified  in  Article  II, 
paragraph  1, of the Agreement. 

The delegate and his alternate,  experts, and advisers. 

Members and Associate Members of the Organization, and non-
member nations of the Organization, as may be Members of the 
Council . 

The Secretary of the Council . 

The Food and Agriculture Organization of the United Nations. 

The Conference of the Organization. 

Director General: 

The Director General of the Organization. 

Observer Nation, 
Associate Member 
or Organization: 

A  nation  that  is  not  a  Member  of  the  Council  or  of  the 

is 

Organization,  or  an  international  organization  invited  to  attend 
a  session  of  the  Council,  or  a  Member  Nation  or  Associate 
Member of  the  Organization  attending  a  session  of  the  Council 
while not a Member of the Council. 

Observer: 

The representative of an observer  nation or organization. 

RULEH 

Sessions of the Council 

1. 
In  pursuance  of,  and  in  accordance  with,  Article  II,  paragraph  4  of  the  Agreement, 
the Council,  in consultation  with  the Director-General,  shall at  each  regular  session  consider 
whether a session should be held within  two years and shall decide the time and place for the 
next  session  in accordance with the requirements of  the Council's programmes  and  the terms 
of  the  invitation  of  the  country  in  which  the  session  is  to  be  held.  The  Chairman, 
accordingly,  shall  issue  the  announcement  of  the  session,  provided  that,  if  the  Council  at a 
regular  session  is unable to fix a time and place for  the next  session,  it  shall,  in consultation 
with  the Director-General,  take a decision  as  to  the calendar  year  in  which  the  next  session 
is to be held,  and the Chairman,  in consultation  with the Director-General,  is then authorized 
to  fix  the  time  and  place  of  the  session  provided  that  the  approval  of  a  majority  of  the 
Members of the Council  has been secured. 

2. 
The Chairman  may convene a special  session of the Council at the request or  with the 
approval of the majority  of the Members.  The Executive Committee, in consultation  with the 
Director-General,  shall decide the time and place of such a session. 

3. 
Invitations  to  a  regular  session  of  the  Council  shall  be  issued  by  the  Secretary  on 
behalf  of  the Chairman  not  less than  sixty  days in  advance of  the date fixed for  the opening 
of  the  session. 
Invitations  to  special  sessions  shall  be  issued  not  less  than  forty  days  in 
advance of the date fixed for  the opening of the session. 

In  order  that  a  proposal  to  hold  a  session  of  the  Council  or  any  of  its  organs,  in a 
4. 
given country,  may be considered,  such country  must have (a) ratified  without reservation  the 
Convention  on  the  Privileges  and  Immunities  of  the  Specialized  Agencies  of  the  United 
Nations,  or  (b) given  the assurance  that all  delegates,  representatives,  experts,  observers,  or 
other  persons  entitled  to  attend  such  session  in  accordance  with  he  terms  of  the  Agreement 
or  these  Rules,  will  enjoy  the  privileges  and  immunities  necessary  for  the  independent 
exercise of their function  in connection with the session. 

l<\ 

RULE  m 

Credentials 

At  each  session  the  Secretary  shall  receive  the  credentials  of  delegations  and 
observers.  Such credentials  shall conform  to the standard  form  set by the Secretariat.  Upon 
examination thereof the Secretariat shall report to the Council  for  the necessary action. 

RULE IV 

Agenda 

1. 

The agenda of each regular  session  shall include: 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

election  of the Chairman  and of two Vice-Chairmen  as provided  under  Article 
II, paragraph  3 of the Agreement; 

adoption of the agenda; 

a report by the Executive Committee on its activities,  including a report  of the 
work performed  on behalf of the Council  by the Secretariat; 

a report by the Secretary on the financial  affairs  of the Council ; 

consideration  of the proposed budget; 

reports of committees; 

consideration  of the time and place of the next session; 

proposals  for  amendments  to  the  Agreement  and  the  present  Rules  of 
Procedure; 

applications for  membership, in accordance with Article XI, paragraph 2 of the 
Agreement,  from  States  which,  while  not  Members  of  the  Organization,  are 
Members  of  the  United  Nations,  any  of  its  Specialized  Agencies  or  the 
International  Atomic Energy Agency; 

j) 

items  referred  to  the  General  Fisheries  Council  for  the  Mediterranean  by  the 
Conference,  the Council or the Director-General  of the Organization. 

2. 

The agenda shall also include, upon approval by the Council : 

a) 

items approved at the previous session; 

&> 

b) 

c) 

items proposed by the Executive Committee; 

items proposed by a Member. 

3. 
The provisional agenda shall be sent by the Secretary to Members and observer nations 
and organizations not less than  sixty days before  the date of the session,  together  with reports 
and documents available in connection  therewith. 

The agenda of  a special  session  shall consist  only of  items  relating  to the purpose  for 

4. 
which the session was called. 

RULEV 

The Secretariat 

The Secretarial shall consist of the Secretary and such  staff  responsible to him as may 

1. 
be determined by the Director-General. 

2. 
The  duties  of  the  Secretary  shall  include  the  receipt,  collation,  and  circulation  of 
documents,  reports,  and  resolutions  of  the  sessions  of  the  Council  and  its  committees,  the 
record  of their proceedings,  the certification  of expenditures  and  financial  commitments, and 
the performance  of such other duties as the Council  or Executive Committee may direct. 

Copies of all communications concerning the affairs  of the Council  shall be sent to the 

3. 
Secretary for purposes of information  and record. 

RULE VI 

Plenary Meetings of the Council 

Plenary  meetings  of  the  Council  shall  be  held  in  public  unless  otherwise  decided  by 
the Council.  When  the Council decides to hold  a private  meeting,  it  shall  at  the same time 
determine the scope of such a decision with respect to observers. 

RULEVH 

Election of Chairman and Vice-Chairmen 

1. 
The  Council  shall,  during  each  regular  session,  elect  the  Chairman  and  a  first  and 
second  Vice-chairman  of  the  Council  ,  who  shall  assume  office  immediately  following  the 
regular  session at which they were elected. 

JL\ 

2. 

Nominees must be delegates or alternates.  They shall be eligible for  re-election. 

RULEVm 

Functions of the Chairman and Vice-Chairmen 

The Chairman  shall exercise the functions  conferred  on  him  elsewhere  in  these Rules 

1. 
and, in particular,  shall: 

a) 

b) 

c) 

d) 

declare the opening and closing of each plenary  meeting of the Council; 

direct  the discussions  at  such  meetings  and  ensure  observance  of  these Rules, 
accord the right to speak, put questions and announce decisions; 

rule on points of order; 

subject  to  these  Rules,  have  complete  control  over  the  proceedings  of  the 
session; 

e) 

appoint such committees of the session as the Council  may direct. 

In the absence of  the Chairman,  or  at his request,  his functions  shall be exercised by 

2. 
the first Vice-Chairman  or,  in the absence of the latter, by the second  Vice-Chairman. 

The Chairman or  Vice-Chairmen,  when acting as Chairman  shall not vote and another 

3. 
member of their delegations shall represent their governments. 

The  Secretary  shall  temporarily  exercise  the  functions  of  the  Chairman  in  the  event 

4. 
that the Chairman and Vice-Chairmen are unable to serve. 

RULE IX 

Voting Arrangements and Procedures 

Except  as provided  in  paragraph  4  of  this  Rule,  voting  in  plenary  meetings  shall  be 
1. 
oral or  by  show of  hands,  except that a vote by roll  call  shall be taken  if  a  special  majority 
is required  by  the  Agreement  or  these Rules,  or  if  a  request  for  a vote by  roll  call  is made 
by any delegation. 

A  vote  by  roll  call  shall  be  conducted  by  calling  upon  delegations  in  the  French 

2. 
alphabetical order. 

The  record  of  any  roll  call  vote  shall  show  the votes  cast  by  each  delegate  and  any 

3. 
abstention. 

XL 

Voting on matters relating to individuals, except the election of officers  of the Council 

4. 
and its committees, shall be by secret ballot. 

5.  When no nominee for an office  obtains on the first ballot a majority  of the votes cast, 
there  shall  be  taken  a  second  ballot  confined  to  the  two  candidates  obtaining  the  largest 
number of votes.  If,  on the second ballot,  the votes are equally  divided,  the Chairman  shall 
decide between the candidates by drawing lots. 

6. 
If the Council is equally divided when a vote is taken on a question other than election 
a  second vote shall be taken at the next meeting of the current  session.  If  the Council  is then 
again equally divided, the proposal shall be regarded as rejected. 

7. 
Voting  arrangements  and  other  related  matters  not  specifically  provided  for  by  the 
Agreement,  or by these Rules,  shall be governed  "mutatis mutandis" by the provisions of the 
General Rules of the Organization. 

RULEX 

Committees 

1. 
The Executive Committee  shall  consist  of  the  Chairman  and  the  two  Vice-Chairmen. 
The  Chairman  of  the  Council  shall  be  the  Chairman  of  the  Executive  Committee;  the 
Secretary  of  the  Council  shall  be  the  Secretary  of  the  Executive  committee.  The  Executive 
committee shall: 

a) 

b) 

c) 

d) 

e) 

f) 

meet at least once between regular sessions; 

conduct the current business of the Council between sessions; 

formulate  resolutions  to be  submitted  to the  Council  in  connection  with  items 
referred  to in Rule IV, paragraph  2 b); 

prepare  estimates  of  expenses  for  the next financial period  for  presentation  to 
the Council  for  submission  to  the Organization,  in  the light  of  the  provisions 
of Article IX% paragraph 2 of the Agreement; 

coordinate the work of the committees and working parties; 

function  as an editorial and publication committee. 

The Council  may establish  such  other  committees  and  working  parties  as  it  considers 

2. 
desirable. 

The establishment  of committees and working parties referred  to in paragraphs  1 and 

3. 
2 above shall be subject to the provisions of Article VII, paragraph  4 of the Agreement. 

lb 

The  procedures  of  such  committees  and  working  parties  shall  be  governed  "mutatis 

4. 
mutandis" by the Rules of Procedure of the Council . 

RULE XI 

Budget and  finance 

1. 
Except  as  otherwise  provided  in  these  Rules,  the  Financial  Regulations  of  the 
organization,  as amplified  by the Administrative Manual and  memoranda  and the procedures 
based thereon,  shall apply to the Council. 

2. 
A proposed  budget  of  the Council  for  the next  succeeding  financial  period  consisting 
of  proposed  expenses  of  the  secretariat,  including  publications  and  communications,  the 
proposed  travelling expenses of the Chairman and Vice-Chairmen,  when engaged in the work 
of  the Council  between  its  sessions,  and  the expenses,  if  any,  of  the committees,  shall  after 
approval  by  the  Council  be  submitted  to  the  Director-General  for  consideration  in  the 
preparation  of the general budget estimates of the Organization. 

3.  When  adopted  by  the  Conference  as part  of  the  general  budget  of  the  Organization, 
the budget of the Council  shall constitute the limits within which  funds  may be committed  for 
purposes approved by the Conference. 

All  cooperative  projets  shall  be  submitted  to  the  Council  or  the  Conference  of  the 

4. 
Organization prior to implementation. 

RULEXH 

Participation by Observers 

1. 
Participation  of international organizations in the work of the Council and the relations 
between  the  Council  and  such  organizations  shall  be  governed  by  the  relevant  provisions of 
the  Constitution  and  the  General  Rules  of  the  Organization,  as  well  as  by  the  rules  on 
relations  with  international  organizations  adopted  by  the  Conference  or  Council  of  the 
Organization.  All  such  relations  shall  be  dealt  with  by  the  Director-General  of  the 
Organization. 

2. 
Members  and  Associate  Members  of  the  Organization  that  are  not  Members  of  the 
Council may, upon their request, be represented by an observer at sessions of the Council and 
its subsidiary bodies. 

3. 
States  that  are  not  Members  of  the  Council,  nor  Members  or  Associate  Members of 
the Organization,  but are Members of  the United  Nations, any of its Specialized  Agencies or 
the  International  Atomic  Energy  Agency  may,  upon  request,  and  with  the  approval  of  the 
Council  of  the  Organization  and  of  the  General  Fisheries  Council  for  the  Mediterranean, 

attend  sessions  of  the  latter  Council  and  its  subsidiary  bodies  in  an  observer  capacity,  in 
accordance  with  the  Statement  of  Principles  adopted  by  the  Conference  relating  to  the 
granting of observer status to nations. 

Unless  the Council  expressly  determines otherwise,  observers  may attend  the plenary 
4. 
meetings of the Council and participate in the discussions at any technical  committee sessions 
which they may be invited to attend.  In no case will they be entitled to vote. 

RULEXm 

Cooperative Projects 

In  the  furtherance  of  cooperative  projects  provided  for  in  Article 

III  e)  of  the 
Agreement,  and  of  studies  undertaken  outside  the region  referred  to in  the  Preamble  of  the 
Agreement,  arrangements  may  be  made  with  governments  that  are  not  members  of  the 
Council.  All such arrangements shall be made by the Director-General  of the Organization. 

RULE XIV 

Records, Reports and Recommendations 

Summary  records  shall  be  made  of  each  plenary  meeting  of  the  Council  and  each 

1. 
committee meeting, and shall be distributed  as soon as possible to the participants. 

A summary  shall be prepared  of  the proceedings  of  each  session  of  the  Council  and 
2. 
shall  be  published  together  with  such  reports  of  committees,  technical  papers,  and  other 
documents as the Executive Committee may consider advisable. 

At  each  session 

3. 
its  views, 
recommendations,  resolutions  and  decisions,  including,  when  requested,  a  statement  of 
minority views. 

the  Council  shall  approve  a  report  embodying 

4. 
Subject  to  the  provisions  of  Article  V  of  the  Agreement,  the  conclusions  and 
recommendations  of  the  Council  shall  be  transmitted  to  the  Director-General  of  the 
Organization  at  the  close  of  each  session,  who  shall  circulate  them  to  Members  of  the 
Council,  nations  and  international  organizations  that  were  represented  at  the  session  and 
make them  available  to  other  Member  Nations  and  Associate  Members  of  the  Organization 
for  their  information. 

Recommendations  having  policy,  programme  or  financial 

5. 
implications  for  the 
Organization  shall  be  brought  by  the  Director-General  to  the  attention  of  the  Conference 
through the Council of the Organization  for action. 

IS 

Subject  to  the  provisions  of  the  preceding  paragraph,  the  Chairman  may  request 
6. 
Members  of  the  Council  to  supply  the  Council  or  the  Director-General  with  information  on 
action taken on the basis of recommendations  made by the Council. 

RULE XV 

Recommendations to Members 

The  Council  may  take  recommendations  for  action  by  Members  on  any  matter 

1. 
pertaining to the functions  described  in Article III of  the  Agreement. 

2. 
The  Secretary  shall  receive  on  behalf  of  the  Council  the  replies  of  the  Members  in 
respect  of  such  recommendations  and  shall  prepare  a  summary  and  an  analysis  of  such 
communications  for  presentation  at the next  session. 

RULE XVI 

Amendments to the Agreement 

1. 
Proposals  for  the  amendment  of  the  Agreement  as  provided  by  Article  X  of  the 
Agreement  may  be  made  by  any  Member  in  a  communication  addressed  to  the  Secretary. 
The  Secretary  shall  transmit  to  all  Members  and  to  the  Director-General  a  copy  of  such 
proposals  for  amendment  immediately  upon  their  receipt. 

No  action  on  a  proposal  for  the  amendment  of  the  Agreement  shall  be  taken  by  the 

2. 
Council  at any  session  unless it  has been  included  in  the provisional  agenda  of  the  session. 

RULE xvn 

Suspension  and  Amendment  of  Rules 

1. 
Subject  to  the  provisions  of  the  Agreement  any  of  the  foregoing  Rules,  other  than 
Rules  IV,  V,  X,  paragraphs  3  and  4,  XI,  XII,  XIV,  paragraph  4,  and  XVI,  may  be 
suspended  on  the  motion  of  any  delegation  by  a  majority  of  the  votes  cast  at  any  plenary 
meeting  of  the  Council,  provided  that  announcement  is  made  at  a  plenary  meeting  of  the 
Council  and  copies of  the proposal  for  suspension  have been  distributed  to the delegations  not 
less than  forty-eight  hours before  the meeting  at which  action  is to be  taken. 

2. 
Amendments  of,  or  addition  to,  these  Rules  may  be  adopted  on  the  motion  of  any 
delegation  by  a  two-thirds  majority  of  the  Members  of  the  Council,  at  any  plenary  meeting 
of  the  Council,  provided  an  announcement  is  made  at  a  plenary  meeting  and  copies  of  the 
proposal  for  the  amendment  or  addition  have  been  distributed  to  delegations  not  less  than 
twenty-four  hours before  the  meeting  at  which  action  is  to be  taken. 

2fc 

The Executive  Committee  may  propose  amendments  and  additions  to  these  Rules and 

3. 
such proposals may be considered  at the next session of  the Council. 

Any amendment to Rule XVI which may be adopted in accordance with  the provisions 

4. 
of paragraph 2 of  this Rule,  shall not become effective  until the next session of  the Council. 

RULE xvra 

Official  Languages 

The  official  languages  of  the  Council  shall  be  such  languages  of  the  Organization  as 
1. 
the  Council  itself  may  decide.  The  delegations  may  use  any  one  of  these  languages  at 
sessions and for their reports and communications.  A delegation  using a non-official  language 
shall provide for interpretation  into one of the official  languages. 

During  the  meetings,  interpretation  in  one  or  more  of  the  official  languages  will  be 

2. 
provided by the Secretariat when requested by one of  the delegates present. 

3. 
Publications  of  reports and communications  shall be in the language in  which  they are 
submitted  and,  when  required  by  the  Council  or  the  Executive  Committee,  abstracts  in 
translation may be published. 

x\ 

ISSN 0254-1475 

COM(97) 67  final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-CO-97-059-EN-C 

ISBN 92-78-16148-9 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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