2000/487/EC: Council Decision of 17 July 2000 on the acceptance, by the European Community, of the amendment to the Agreement establishing the General Fisheries Commission for the Mediterranean with a view to establishing an autonomous budget for that organisation
Date: 2000-07-17
Institutions: Council of the European Union
Subjects: Mediterranean Sea, agreement (EU), amendment, budget, fishing regulations, specialised committee

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 July 2000

on the acceptance, by the European Community, of the amendment to the Agreement establishing
the General Fisheries Commission for the Mediterranean with a view to establishing an auto-
nomous budget for that organisation

(2000/487/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof, in conjunc-
tion with Article 300(2), first sentence, and (3), first subpara-
graph,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

The European Community is a member of the General
Fisheries Commission for the Mediterranean (GFCM) (3).

The management of fish stocks in the Mediterranean
requires that action be taken at multilateral
level to
regulate fishing activities on the high seas. The develop-
ment of aquaculture can benefit
from multilateral
cooperation. The GFCM is the appropriate framework
for these actions.

GFCM has recently adopted amendments designed to
reinforce its activities by creating a Scientific Advisory
Committee, to meet once a year. The new activities of
this organisation require the necessary financial means.

GFCM depends entirely on the budget of the Food and
Agriculture Organisation (FAO). The limitations placed
on that budget mean that the activities of GFCM which
are necessary to accomplish its new reinforced role
cannot be funded. GFCM must therefore have its own
autonomous budget.

GFCM adopted, at its meeting from 13 to 16 October
1997, the amendments to the text of the agreement
establishing an autonomous budget. The said budget

represents a new obligation on GFCM contracting
parties within the meaning of Article X.2 of the Agree-
ment creating the GFCM.

(6)

(7)

These new obligations can only enter into force after
acceptance by two thirds of the members of the GFCM
Commission and with respect to each member, only on
acceptance by that member.

The Community should therefore adopt an instrument
of acceptance of the autonomous budget of GFCM,

HAS DECIDED AS FOLLOWS:

Sole Article

The Community shall accept the establishment of an
1.
autonomous budget for the General Fisheries Commission for
the Mediterranean, in accordance with the instrument set out
in Annex I.

The text of the amended Agreement and the amended
2.
Rules of Procedure of the General Fisheries Commission for the
Mediterranean,
including the provisions on the autonomous
budget, are set out in Annex II.

Done at Brussels, 17 July 2000.

For the Council

The President

J. GLAVANY

(1) OJ C 15, 20.1.1999, p. 13.
(2) OJ C 150, 28.5.1999, p. 153.
(3) Council Decision (98/416/EC) of 16 June 1998 on the accession of
the European Community to the General Fisheries Commission for
the Mediterranean (OJ L 190, 4.7.1998, p. 34).

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ANNEX I

Instrument of acceptance of the autonomous budget of the General Fisheries Commission for the Mediterranean

Sir,

I have the honour to inform you that the European Community has decided to accept the new rules
governing the establishment of the autonomous budget of the General Fisheries Commission for the
Mediterranean. I therefore convey to you this instrument by which the Community accepts the new Article
VIIIa and IXa as well as the amendments to Articles II, VII and IX of the Agreement as adopted at the
meeting from 13 to 16 October 1997,

in accordance with Article X.2 of the said Agreement.

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

President of the Council of the European Union

Mr Diouf
Director-General
Food and Agriculture Organisation of the United Nations
Via delle Terme di Caracalla
I-00100 Roma

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ANNEX II

AGREEMENT

establishing the General Fisheries Commission for the Mediterranean

PREAMBLE

THE CONTRACTING PARTIES,

Taking account of the relevant provisions of the United Nations Convention on the Law of the Sea which entered into
force on 16 November 1994 (hereafter referred to as the United Nations Convention) and which requires all members of
the international community to cooperate in the conservation and management of the living marine resources,

Noting also the objectives and purposes stated in Chapter 17 of Agenda 21 adopted by the United Nations Conference on
Environment and Development, 1992 and the Code of Conduct for Responsible Fisheries adopted by the FAO Conference
in 1995,

Noting also that other international instruments have been negotiated concerning the conservation and management of
certain fish stocks,

Having a mutual interest in the development and proper utilisation of the living marine resources in the Mediterranean
and the Black Sea and connecting waters (hereafter referred to as the ‘Region’) and desiring to further the attainment of
their objectives through international cooperation which would be furthered by the establishment of a General Fisheries
Commission for the Mediterranean,

Recognising the importance of fisheries conservation and management in the Region and of promoting cooperation to
that effect,

AGREE AS FOLLOWS:

Article I

The Commission

The Contracting Parties hereby establish within the
1.
framework of the Food and Agriculture Organisation of the
United Nations (hereinafter referred to as ‘the Organisation’) a
Commission to be known as the General Fisheries Commission
for the Mediterranean (hereinafter referred to as ‘the Commis-
the purpose of exercising the functions and
sion’),
discharging the responsibilities set forth in Article III below.

for

The Members of the Commission shall be such Members
2.
and Associate Members of the Organisation and such non-
member States as are members of the United Nations, any of
its Specialised Agencies or the International Atomic Energy
Agency, that are:

(i) coastal States or Associate Members situated wholly or

partly within the Region,

(ii) States or Associate Members whose vessels engage in
fishing in the Region for stocks covered by this Agree-
ment, or

and which accept this Agreement in accordance with the provi-
sions of Article XI below, it being understood that these provi-
sions shall not affect the membership status in the Commission
of such States that are not members of the United Nations, any
of its Specialised 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 Organ-
isation, be submitted by the Organisation to the authority
having responsibility for the international relations of such
Associate Members.

Article II

Organisation

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

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

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

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A Regional Economic Integration Organisation that is a
3.
Member of the Commission shall be entitled to exercise in any
meeting of the Commission or of any subsidiary body of the
Commission a number of votes equal to the number of its
Member States that are entitled to vote in such meeting.

A Regional Economic Integration Organisation that is a
4.
Member of
the Commission shall exercise its membership
rights on an alternative basis with its Member States that are
Members of the Commission in the areas of their respective
competence. Whenever a Regional Economic
Integration
Organisation that is a Member of the Commission exercises its
right to vote, its member States shall not exercise theirs, and
conversely.

5.
Any Member of the Commission may request a Regional
Economic Integration Organisation that is a Member of the
Commission or its Member States that are Members of the
Commission to provide information as to which, as between
the Member Organisation and its Member States, has compet-
ence in respect of any specific question. The Regional
Economic Integration Organisation or
the Member States
concerned shall provide this information on such request.

is a Member of

6.
Before any meeting of the Commission or a subsidiary
body of the Commission, a Regional Economic Integration
Organisation that
the Commission or its
Member States that are Members of the Commission shall
indicate which, as between the Regional Economic Integration
Organisation 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 Organ-
isation and its Member States, shall exercise the right to vote in
respect of each particular agenda item. Nothing in this para-
graph shall prevent a Regional Economic Integration Organ-
isation that is a Member of the Commission or its Member
States that are Members of the Commission from making a
single declaration for the purposes of this paragraph, which
declaration shall remain in force for questions and agenda
items to be considered at all subsequent meetings subject to
such exceptions or modifications as may be indicated before
any individual meeting.

7.
In cases where an agenda item covers both matters in
respect of which competence has been transferred to the
Regional Economic Integration Organisation and matters
which lie within the competence of its Member States, both the
Regional Economic Integration Organisation 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 Member which has the right to
vote.

8.
For the purpose of determining a quorum of any meeting
of the Commission, the delegation of a Regional Economic
Integration Organisation that is a Member of the Commission
shall be counted to the extent that it is entitled to vote in the
meeting in respect of which the quorum is sought.

The Commission shall elect a Chairman and two Vice-

9.
Chairmen.

The Chairman of

10.
the Commission shall normally
convene a regular session of the Commission every year unless
otherwise directed by a majority of the Members. The site and

date of all sessions shall be determined by the Commission in
consultation with the Director-General of the Organisation.

11.
The seat of the Commission shall be at the headquarters
of the Organisation in Rome, or such other location as may be
determined by the Commission.

12.
The Commission may, by a two-thirds majority of its
membership, adopt and amend its own Rules of Procedure
provided that such Rules of Procedure or the amendments
thereto are not inconsistent with this Agreement or with the
Constitution of the Organisation.

13.
The Commission may, by a two-thirds majority of its
membership, adopt and amend its own Financial Regulations,
provided that such Regulations shall be consistent with the
Principles embodied in the Financial Regulations of the Organ-
isation. Such Regulations shall be reported to the Finance
Committee which shall have the power to disallow such Finan-
cial Regulations or amendment if it finds that they are inconsis-
tent with the principles embodied in the Financial Regulations
of the Organisation.

Article III

Functions

1.
The purpose of the Commission shall be to promote the
development, conservation, rational management and best utili-
sation of living marine resources, as well as the sustainable
development of aquaculture in the Region, and to these ends it
shall have the following functions and responsibilities:

(a) 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;

(b) 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,

— prescribing the minimum size for individuals of

specified species,

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

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

(e) to encourage, recommend, coordinate and, as appropriate,
undertake research and development activities,
including
cooperative projects in the areas of fisheries and the protec-
tion of living marine resources;

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

(g) to promote programmes for marine and brackish water

aquaculture and coastal fisheries enhancement;

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

2.
In formulating and recommending measures under para-
graph 1(b) above, the Commission shall apply the precau-
tionary approach to conservation and management decisions,
and take into account also the best scientific evidence available
and the need to promote the development and proper utilisa-
tion of the marine living resources.

Article IV

Region

The Commission shall carry out the functions and responsibili-
ties set forth in Article III in the Region as referred to in the
Preamble.

Article V

Recommendations on management measures

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

2.
Subject to the provisions of this Article, the Members of
the Commission undertake to give effect to any recommenda-
tions made by the Commission under Article III(1)(b), from the
date determined by the Commission, which shall not be before
the period for objection provided for in this Article has
elapsed.

3.
Any Member of the Commission may within 120 days
from the date of notification of a recommendation object to it
and in that event shall not be under obligation to give effect to
that recommendation. In the event of an objection being made
within the 120 days period any other Member may similarly
object at any time within a further period of 60 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 Commission, 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

5.
the Commission shall notify each
Member immediately upon receipt of each objection or with-
drawal of objection.

Article VI

Reports

transmit, after each session,

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

Article VII

Committees, working parties and specialists

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

2.
The committees and working parties referred to in para-
graph 1 above shall be convened by the Chairman of the
Commission at such times and places as are determined by the
Chairman in consultation with the Director-General of the
Organisation, as appropriate.

The establishment of committees and working parties
3.
referred to in paragraph 1 above and the recruitment or
appointment of specialists, shall be subject to the availability of
the necessary funds in the relevant chapter of the approved
budget of
the Commission. Before taking any decision
involving expenditures in connection with the establishment of
committees and working parties and the recruitment or
appointment of specialists, the Commission shall have before it
a report from the Secretary of the Commission on the adminis-
implications thereof.
trative and financial

Article VIII

Cooperation with international organisations

The Commission shall cooperate closely with other inter-
national organisations in matters of mutual

interest.

Article VIIIa

Finances

Each Member of the Commission undertakes to contri-
1.
bute annually its share of the autonomous budget in accord-
ance with a scale of contributions to be adopted by the
Commission.

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

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(b) The scheme adopted or amended by the Commission
shall be set out in the Financial Regulations of the
Commission.

tions for cooperative projects shall be paid into a trust fund to
be established by the Organisation and shall be administered by
the Organisation in accordance with the Financial Regulations
and Rules of the Organisation.

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

Contributions

5.
shall be payable in freely convertible
currencies unless otherwise determined by the Commission
with the concurrence of the Director-General.

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

7.
Contributions and donations and other forms of assis-
tance received shall be placed in a Trust Fund administered by
the Director-General in conformity with the Financial Regula-
tions of the Organisation.

8.
A Member of the Commission which is in arrears in the
payment of its financial contributions to the Commission shall
have no vote in the Commission if the amount of its arrears
equals or exceeds the amount of the contributions due from it
for the two preceding calendar years. The Commission may,
nevertheless, permit such a Member to vote if it is satisfied that
the failure to pay was due to conditions beyond the control of
the Member but in no case shall it extend the right to vote
beyond a further two calendar years.

Article IX

Expenses

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

representatives

including publications
2.
The expenses of the Secretariat,
incurred by the
and communications and the expenses
the Commission, when
Chairman and Vice-Chairmen of
the Commission between
performing duties on behalf of
Commission sessions, shall be determined and paid from the
budget of the Commission.

The expenses of

research and development projects
3.
the Commission,
undertaken by individual Members of
whether
the
Commission, shall be determined and paid by the Members
concerned.

independently or upon recommendation of

5.
The expenses of experts invited to attend meetings of the
Commission, committees or working parties in their individual
capacity shall be borne by the budget of the Commission.

The Commission may accept voluntary contributions
6.
generally or in connection with specific projects or activities of
the Commission. Such contributions shall be paid into a trust
fund to be established by the Organisation. The acceptance of
such voluntary contributions and the administration of the
trust fund shall be in accordance with the Financial Regulations
and Rules of the Organisation.

Article IXa

Administration

The Secretary of the Commission (hereinafter referred to
1.
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 Secretary shall be responsible for implementing the
2.
policies and activities of
the Commission and shall report
thereon to the Commission. The Secretary shall also act as
established by the
subsidiary bodies
Secretary to other
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 the Organisation. The
expenses to be borne by the Organisation shall be determined
and paid within the limits of the biennial budget prepared by
the Director-General and approved by the Conference of the
Organisation in accordance with the General Rules and the
Financial Regulations of the Organisation.

the Commission,

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

Article X

Amendments

4.
The expenses incurred in connection with cooperative
research or development projects undertaken in accordance
with the provisions of Article III(1)(e), unless otherwise avail-
able shall be determined and paid by the Members in the form
and proportion to which they shall mutually agree. Contribu-

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

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Amendments involving new obligations for Members
2.
shall come into force after acceptance by two-thirds of the
Members of the Commission and 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 Organisation who
shall inform all the Members of the General Fisheries Commis-
sion for the Mediterranean, as well as the Secretary-General of
the United Nations, of the receipt of acceptance and the entry
into force of such amendments. The rights and obligations of
any Member of the General Fisheries Commission for the Medi-
terranean that has not accepted an amendment involving addi-
tional obligations shall continue to be governed by the provi-
sions of this Agreement as they stood prior to the amendment.

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

Article XI

Acceptance

This Agreement shall be open to acceptance by Members

1.
or Associate Members of the Organisation.

2.
The Commission may, by a two-thirds majority of its
membership, admit to membership such other States that are
Members of the United Nations, any of its Specialised 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 Commission by
3.
Members of the Commission which are not Members or Asso-
ciate Members of the Organisation 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 Organisation.

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

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

6.
The Director-General of the Organisation shall inform all
Members of the Commission, all Members of the Organisation
and the Secretary-General of the United Nations of all accep-
tances that have become effective.

Acceptance of this Agreement may be made subject to
7.
reservations which shall become effective only upon unani-
mous approval by the Members of the Commission. Members
of the Commission 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 or
regional economic integration organisation making the reserva-
tion shall not become a party to this Agreement. The Director-
General of the Organisation shall notify forthwith all Members
of the Commission of any reservations.

References in this Agreement

8.
to the United Nations
Convention on the Law of the Sea, 1982, or to other inter-
national agreements do not prejudice the position of any State
with respect to signature, ratification, or accession to the 1982
United Nations Convention or with respect to other agree-
ments.

Article XII

Entry into force

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

Article XIII

Territorial application

The Members of the Commission shall, when accepting this
Agreement, state explicitly to which territories their participa-
tion shall extend. In the absence of such a declaration, partici-
pation 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
1.
time after the expiration 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 of the Organisation who shall
immediately
inform all the Members of the Commission and the Members
of the Organisation 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 Commission may give notice of with-
drawal 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 Commis-
sion it shall state to which territory or territories the with-
drawal is to apply. In the absence of such a declaration, the
withdrawal shall be deemed to apply to all the territories for
the international
the
Commission is responsible, with the exception of Associate
Members.

relations of which the Member of

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Any Member of the Commission that gives notice of
3.
withdrawal from the Organisation shall be deemed to have
simultaneously withdrawn from the Commission, and this
withdrawal shall be deemed to apply to all the territories for
the international relations of which the 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 Commission, 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 disagree-
ment 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 Organisation that is a Member
of the Commission, it shall be submitted to arbitration unless
the parties to the dispute agree to another method of settle-
ment.

Article XVI

Termination

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

Article XVII

Certification and registration

The text of this Agreement was originally formulated at Rome
on the twenty-fourth 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
and of any amendments to this Agreement shall be certified by
the Chairman of the Commission and by the Director-General
of the Organisation. One of these copies shall be deposited in
the archives of the Organisation. The other copy shall be
transmitted to the Secretary-General of the United Nations for
registration.
the Director-General shall certify
copies of
this Agreement and transmit one copy to each
Member of the Organisation and to such non-member nations
of the Organisation that are or may become parties to this
Agreement.

In addition,

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RULES OF PROCEDURE OF THE GENERAL FISHERIES COMMISSION FOR THE MEDITERRANEAN

Rule I

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

A g r e e m e n t :

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

C o m m i s s i o n :

The General Fisheries Commission for the Mediterranean.

C h a i r m a n :

The Chairman of the Commission.

V i c e - C h a i r m a n :

The Vice-Chairman of the Commission.

D e l e g a t e :

The representative of a Member as specified in Article II(1) of
the Agreement.

D e l e g a t i o n :

The delegate and his alternate, experts, and advisers.

M e m b e r :

Members and Associate Members of the Organisation, and
non-members of the Organisation, as may be Members of the
Commission.

S e c r e t a r y :

The Secretary of the Commission.

O r g a n i s a t i o n :

The Food and Agriculture Organisation of the United Nations.

C o n f e r e n c e :

The Conference of the Organisation.

O b s e r v e r n a t i o n , A s s o c i a t e M e m b e r o r O r g a n -
i s a t i o n :

A nation that is not a Member of the Commission or of the
Organisation, or an international organisation invited to attend
the Commission, or a Member or Associate
a session of
Member of
the
the Organisation attending a session of
Commission while not a Member of the Commission.

O b s e r v e r :

The representative of an observer nation or organisation.

Rule II

Sessions of the Commission

and place for the next session in accordance with the require-
ments of the Commission'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.

2.
the
The Chairman may convene a special session of
Commission at the request or with the approval of the majority
of the Members.

3.
Invitations to a regular session of the Commission 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
the date fixed for the
less than forty days in advance of
opening of the session.

4.
In order that a proposal to hold a session of the Commis-
sion or any of its organs, in a given country, may be consid-
ered, such country must have (a) ratified without reservation
the Convention on the Privileges and Immunities of
the
Specialised 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 the terms of the Agreement or these Rules, will enjoy the
privileges and immunities necessary for the independent exer-
cise of their function in connection with the session.

Rule III

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 Commission for the
necessary action.

Rule IV

Agenda

1.

The agenda of each regular session shall

include:

(a) as appropriate, election of the Chairman and of two Vice-
Chairmen as provided under Article II(9) of the Agreement;

(b) adoption of the agenda;

(c) a report by the Secretary on the financial affairs and activi-

ties of the Commission;

In pursuance of, and in accordance with, Article II(10) of
1.
the Agreement,
in consultation with the
Director-General, shall at each regular session decide the time

the Commission,

(d) consideration of the proposed budget;

(e) reports of committees;

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(f) consideration of the time and place of the next session;

Rule VII

(g) proposals for amendments to the Agreement and the

present Rules of Procedure;

Election of Chairman and Vice-Chairmen

(h) applications for membership,

the Agreement,

in accordance with Article
XI(2) of
from States which, while not
Members of the Organisation, are Members of the United
Nations, any of its Specialised Agencies or the International
Atomic Energy Agency;

(i) items referred to the General Fisheries Commission for the
the

the Council or

Mediterranean by the Conference,
Director-General of the Organisation.

The Commission shall elect the Chairman and first and
1.
second Vice-Chairman of the Commission who shall assume
office immediately following the regular session at which they
were elected and who shall be elected for two regular sessions.

Nominees must be delegates or alternates present at the
2.
regular session at which they are to be elected. They shall be
eligible for re-election for a further two regular sessions.

The agenda shall also include, upon approval by the

2.
Commission:

Rule VIII

Functions of the Chairman and Vice-Chairmen

(a) items approved at the previous session;

(b) items proposed by a Member.

The Chairman shall exercise the functions conferred on

1.
him elsewhere in these Rules and,

in particular, shall:

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

(a) declare the opening and closing of each plenary meeting of

the Commission;

(b) direct the discussions at such meetings and ensure obser-
vance of these Rules, accord the right to speak, put ques-
tions and announce decisions;

The agenda of a special session shall consist only of items

4.
relating to the purpose for which the session was called.

(c) rule on points of order;

Rule V

The Secretariat

1.
The Secretariat shall consist of the Secretary and such
staff responsible to him as may be determined by the Director-
General.

The duties of

2.
include the receipt,
the Secretary shall
collation, and circulation of documents, reports, and resolu-
tions of the sessions of the Commission and its committees,
the record of their proceedings, the certification of expendi-
tures and financial commitments, and the performance of such
other duties as the Commission may direct.

(d) subject to these Rules, have complete control over the

proceedings of the session;

(e) appoint such committees of the session as the Commission

may direct.

In the absence of the Chairman, or at his request, his
2.
functions shall be exercised by the first Vice-Chairman or, in
the absence of the latter, by the second Vice-Chairman.

3.
The Chairman or Vice-Chairmen, when acting as
Chairman shall not vote and another member of their delega-
tions shall represent their governments.

4.
The Secretary shall temporarily exercise the functions of
the Chairman in the event the Chairman and Vice-Chairmen
are unable to serve.

3.
Copies of all communications concerning the affairs of
the Commission shall be sent to the Secretary for purposes of
information and record.

Rule IX

Voting arrangements and procedures

Rule VI

Plenary meetings of the Commission

1.
Except as provided in paragraph 4 of this Rule, voting in
plenary meetings shall be 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.

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

A vote by roll call shall be conducted by calling upon

2.
delegations in the French alphabetical order.

The record of any roll call vote shall show the votes cast

3.
by each delegate and any abstention.

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Voting on matters relating to individuals, except the elec-
4.
tion of officers of the Commission 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 Commission 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 Commission is
then again equally divided, the proposal shall be regarded as
rejected.

7.
Voting arrangements and other related matters not specif-
ically provided for by the Agreement, or by these Rules, shall
be governed mutatis mutandis by the provisions of the General
Rules of the Organisation.

Rule X

Committees

1.
There shall be established a Committee on Aquaculture
which shall be open to all members of the Commission and
which shall:

(a) monitor development and trends of aquaculture practices

in the region;

(b) monitor the interaction between aquaculture development

and the environment;

(c) oversee and guide work of the four networks created as a
result of the activities of MEDRAP II and in particular by
monitoring
proposed
programmes of the various networks, and directing the
work of the SIPAM network through the FAO Secretariat;

evaluating

progress,

the

the

(d) seek additional support to complement the contribution of
the institutions, which support the established networks,
namely, CIHEAM, MAP-PAP/RAC and FAO,
and to
enhance the work of the four networks;

(e) carry out other duties related to aquaculture promotion and
development that may be referred to it by the Commission.

2.

(a) There

shall be

established a

Scientific Advisory
Committee which shall provide scientific, social and
economic information, data, or advice relating to the
work of the Commission.

(b) The Committee shall be open to all members of the
Commission. Each Member of the Commission may
designate a member of the Committee, and a member
may be accompanied by experts.

(c) The Committee may establish working groups

to
analyse data and to advise the Committee on the state of
shared and straddling resources.

(d) The Committee shall provide independent advice on the
technical and scientific bases for decisions concerning
fisheries
including
conservation and management,
biological, social and economic aspects, and in partic-
ular,

it shall:

(1) assess information provided by members and rele-
vant
fisheries organisations or programmes on
catches, fishing effort, and other data relevant to the
conservation and management of fisheries;

(2) formulate advice to the Commission on the conser-

vation and management of fisheries;

(3) identify cooperative research programmes and coor-

dinate their implementation;

(4) undertake such other functions or responsibilities as
may be conferred on it by the Commission.

(e) Members have an obligation to provide information on
catches and other data relevant to the functions of the
committee in such a way as to enable the Committee to
fulfil

its responsibilities under this paragraph.

The Commission may establish such other committees

3.
and working parties as it considers desirable.

4.
The establishment of committees and working parties
under this Rule shall be subject to the provisions of Article
VII(4) of the Agreement.

5.
The procedures of such committees and working parties
shall be governed mutatis mutandis by the Rules of Procedure of
the Commission.

Rule XI

Budget and finance

Except as otherwise provided in these Rules, the Financial
1.
Regulations of the Organisation, as amplified by the Adminis-
trative Manual and memoranda and the procedures based
thereon, shall apply to the Commission.

A proposed budget of

2.
the Commission 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-
the Commission
Chairmen, when engaged in the work of
between its sessions, and the expense, if any, of the commit-
tees, shall after approval by the Commission be submitted to
the Director-General for consideration in the preparation of the
general budget estimates of the Organisation.

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

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All cooperative projects shall be submitted to the Council
4.
or the Conference of the Organisation prior to implementation.

Rule XII

Participation by observers

1.
Participation of international organisations in the work of
the Commission and the relations between the Commission
and such organisations shall be governed by the relevant provi-
sions of the Organisation, as well as by the rules on relations
with international organisations adopted by the Conference or
Council of the Organisation.

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

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

4.
Unless the Commission expressly determines otherwise,
observers may attend the plenary meetings of the Commission
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.

Rule XIII

Cooperative projects

In the furtherance of cooperative projects provided for in
Article III(1)(e) of the Agreement, and of studies undertaken
outside the region referred to in the Preamble of the Agree-
ment, arrangements may be made with governments that are
not members of the Commission. All such arrangements shall
be made by the Director-General of the Organisation.

Rule XIV

Records, reports and recommendations

1.
Summary records shall be made of each plenary meeting
of the Commission and each committee meeting, and shall be
distributed as soon as possible to the participants.

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

3.
At each session the Commission shall approve a report
embodying its views, recommendations, resolutions and deci-
sions,
including, when requested, a statement of minority
views.

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

Recommendations having policy, programme or financial
5.
implications for the Organisation shall be brought by the
Director-General to the attention of the Conference through
the Council of the Organisation for action.

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

Rule XV

Recommendations to Members

1.
The Commission may take recommendations for action
by Members on any matter pertaining to the functions
described in Article III of the Agreement.

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

Rule XVI

Amendments to the Agreement

Proposals for

1.
the Agreement as
the amendment of
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

2.
the
Agreement shall be taken by the Commission at any session
unless it has been included in the provisional agenda of the
session.

for the amendment of

Rule XVII

Suspension and amendment of Rules

1.
Subject to the provisions of the Agreement any of the
foregoing Rules, other than Rules IV, V, X(3) and (4), XI, XII,
XIV(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 Commission, provided that announcement is
made at a plenary meeting of the Commission and copies of
the proposal for suspension have been distributed to the dele-
gations not less than 48 hours before the meeting at which
action is to be taken.

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Amendments of, or addition to, these Rules may be adopted on the motion of any delegation by a
2.
two-thirds majority of the Members of the Commission, at any plenary meeting of the Commission,
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 24 hours before the meeting at which action is
to be taken.

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

3.
2 of this Rule, shall not become effective until the next session of the Commission.

Rule XVIII

Official languages

The official

1.
languages of the Commission shall be such languages of the Organisation as the
Commission 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 provided by the

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

Publications of reports and communications shall be in the language in which they are submitted and,

3.
when required by the Commission, abstracts in translation may be published.