Proposal for a Council Decision on the signing, on behalf of the European Community, of the Agreement on Port State measures to prevent, deter, and eliminate Illegal, Unreported and Unregulated fishing (IUU fishing)
Date: 2009-10-16
Institutions: European Commission
Subjects: European Community, authorised catch, fishery resources, fishing controls, fishing regulations, international convention, signature of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.10.2009 
COM(2009)556 final 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Community, of the Agreement on Port State 
measures to prevent, deter, and eliminate Illegal, Unreported and Unregulated fishing 
(IUU fishing) 

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EXPLANATORY MEMORANDUM 

At the 2007 meeting of the FAO Committee for Fisheries, it was agreed that an international 
legally binding instrument on Port State measures to prevent, deter and eliminate IUU fishing 
should be elaborated. 

An expert consultation on this issue took place in Washington in September 2007.  

In  June  2008,  the  Council  adopted  a  decision  authorising  the  Commission  to  conduct 
negotiations for the elaboration of such an instrument on behalf of the European Community. 

FAO has subsequently held four technical consultations, open to all FAO Parties, with the aim 
of  finalizing  the  draft  international  instrument  on  Port  State  measures.  During  its  fourth 
session,  held  in  Rome  from  24-28  august  2009,  Parties  reached  a  tentative  agreement  on  a 
draft  text.  The  text  has  subsequently  been  reviewed  by  an  editorial  review  group.  This  text 
will now be submitted to the relevant FAO bodies with a view of having it adopted at the 36th 
Conference of FAO in Rome from 18-23 November 2009, at which time it is planned to be 
made open for signature.  

Port  State  measures  have  been  identified  as  a  key  tool  in  the  fight  of  the  international 
community  against  IUU  fishing.  This  resulted  in  particular  in  the  adoption  in  2005  by  the 
FAO  of  the  Model  Scheme  on  Port  State  Measures  to  Combat  IUU  Fishing.  This  Model 
Scheme provides for minimum standards which should underpin the adoption of measures by 
States in order to monitor, control and inspect foreign-flagged fishing vessels wishing to use 
their harbours. It is a voluntary and non-binding instrument. 

In  addition,  some  Regional  Fisheries  Management  Organisations  have  put  in  place  binding 
Port  State  mechanisms  which  shall  be  applied  by  Parties  to  these  Organisations  in  order  to 
monitor the legality of landing, transhipment and other operations in their ports. Specific rules 
have  also  been  enacted  in  some  Regional  Fisheries  Management  Organisations  (RFMOs) 
aiming  to  deny  port  access  to  vessels  listed  by  the  organisation  as  having  engaged  or 
supported IUU fishing activities.  

The  Community  is  a  member  of  the  FAO  as  well  as  of  13  RFMOs.  Port  State  mechanisms 
adopted  within  RFMOs  have  been  implemented  into  Community  law.  Community  law  also 
provides  for  general  rules  applying  to  the  landing  of  fisheries  products  by  third  country 
vessels in Community ports.  

The  fight  against  IUU  fishing  constitutes  an  essential  component  of  the  Common  Fisheries 
Policy and the Community should be able to foster international cooperation on this matter by 
participating actively and constructively in the adoption on an international instrument on Port 
State measures. 

The Community has participated in this process from the start and has played an active and 
constructive role in the drafting of the Agreement. 

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Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Community, of the Agreement on Port State 
measures to prevent, deter, and eliminate Illegal, Unreported and Unregulated fishing 
(IUU fishing) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
37 in conjunction with the first sentence of the first subparagraph of Article 300 (2) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  European  Community  is  competent  to  adopt  measures  for  the  conservation, 
management and control of fisheries resources and to enter into agreements with third 
countries and within the framework of international organisations. 

The European Community is a Contracting Party to the United Nations Convention on 
the  Law  of  the  Sea,  which  inter  alia  requires  all  members  of  the  international 
community  to  cooperate  in  managing  and  conserving  the  biological  resources  of  the 
sea. 

The Community and its Member States are contracting parties to the Agreement on the 
implementation of the provisions of the United Nations Convention of the Law of the 
Sea of 10 December 1982, relating to the Conservation and Management of straddling 
Fish Stocks and Highly Migratory Fish Stocks. 

The  Fourth  Technical  Consultation  of  Parties  to  the  Food  and  Agriculture 
Organisation (FAO), held in Rome between 24-28 August 2009 to elaborate a legally 
binding  agreement  for  Port  State  measures  to  combat  IUU  fishing,  adopted  a  draft 
Agreement for adoption under Article XIV of the FAO Constitution. 

The  European Community  is  a  major  player in  international  fisheries and one of the 
main global markets for fishery products. It is therefore in its interest of the European 
Community  to  play  an  effective  role  in the implementation of the  Agreement  and to 
sign the Agreement, 

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OJ C , , p. . 

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HAS DECIDED AS FOLLOWS:  

Article 1 

The signing of the Agreement on Port State Measures to prevent, deter, and eliminate Illegal, 
Unreported  and  Unregulated  fishing  is  hereby  approved  on  behalf  of  the  European 
Community,  subject  to  the  Council  Decision  concerning  the  conclusion  of  the  said 
Agreement, which will be adopted at a latter date. 

The text of the Agreement is attached to this decision. 

Article 2 

The President of the Council is hereby authorised to designate the person (s) empowered to 
sign the Agreement on behalf of the European Community.. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER 
AND ELIMINATE  

ILLEGAL, UNREPORTED AND UNREGULATED FISHING 

The Parties to this Agreement, 

PREAMBLE 

Deeply concerned about the continuation of illegal, unreported and unregulated fishing and its 
detrimental  effect  upon  fish  stocks,  marine  ecosystems  and  the  livelihoods  of  legitimate 
fishers, and the increasing need for food security on a global basis,  

Conscious of the role of the port State in the adoption of effective measures to promote the 
sustainable use and the long-term conservation of living marine resources, 

Recognizing that measures to combat illegal, unreported and unregulated fishing should build 
on  the  primary  responsibility  of  flag  States  and  use  all  available  jurisdiction  in  accordance 
with international law, including port State measures, coastal State measures, market related 
measures and measures to ensure that nationals do not support or engage in illegal, unreported 
and unregulated fishing, 

Recognizing  that  port  State  measures  provide  a  powerful  and  cost-effective  means  of 
preventing, deterring and eliminating illegal, unreported and unregulated fishing,  

Aware  of  the  need  for  increasing  coordination  at  the  regional  and  interregional  levels  to 
combat illegal, unreported and unregulated fishing through port State measures,  

Acknowledging the rapidly developing communications technology, databases, networks and 
global records that support port State measures, 

Recognizing the need for assistance to developing countries to adopt and implement port State 
measures, 

Taking note of the calls by the international community through the United Nations System, 
including the United Nations General Assembly and the Committee on Fisheries of the Food 
and  Agriculture  Organization  of  the  United  Nations,  hereinafter  referred  to  as  FAO,  for  a 
binding international instrument on minimum standards for port State measures, based on the 
2001  FAO  International  Plan  of  Action  to  Prevent,  Deter  and  Eliminate  Illegal,  Unreported 
and Unregulated Fishing and the 2005 FAO Model Scheme on Port State Measures to Combat 
Illegal, Unreported and Unregulated Fishing, 

Bearing in mind that, in the exercise of their sovereignty over ports located in their territory, 
States may adopt more stringent measures, in accordance with international law, 

Recalling the relevant provisions of the United Nations Convention on the Law of the Sea of 
10 December 1982, hereinafter referred to as the Convention, 

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Recalling  the  Agreement  for  the  Implementation  of  the  Provisions  of  the  United  Nations 
Convention  on  the  Law  of  the  Sea  of  10  December  1982  relating  to  the  Conservation  and 
Management  of  Straddling  Fish  Stocks  and  Highly  Migratory  Fish  Stocks  of  4  December 
1995,  the  Agreement  to  Promote  Compliance  with  International  Conservation  and 
Management Measures  by  Fishing  Vessels on  the  High  Seas  of  24  November  1993  and  the 
1995 FAO Code of Conduct for Responsible Fisheries,  

Recognizing the need to conclude an international agreement within the framework of FAO, 
under Article XIV of the FAO Constitution, 

Have agreed as follows: 

PART 1 

GENERAL PROVISIONS 

Article 1 

Use of terms 

For the purposes of this Agreement: 

(a) 
“conservation  and  management  measures”  means  measures  to  conserve  and  manage 
living  marine  resources  that  are  adopted  and  applied  consistently  with  the  relevant  rules  of 
international law including those reflected in the Convention; 

(b) 

“fish” means all species of living marine resources, whether processed or not;  

(c) 
“fishing” means searching for, attracting, locating, catching, taking or harvesting fish 
or any activity which can reasonably be expected to result in the attracting, locating, catching, 
taking or harvesting of fish; 

(d) 
“fishing  related  activities”  means  any  operation  in  support  of,  or  in  preparation  for, 
fishing, including the landing, packaging, processing, transshipping or transporting of fish that 
have not been previously landed at a port, as well as the provisioning of personnel, fuel, gear 
and other supplies at sea;  

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

“Party”  means  a  State  or  regional  economic  integration  organization  that  has 

(f) 
consented to be bound by this Agreement and for which this Agreement is in force; 

“port”  includes  offshore  terminals  and  other  installations  for  landing,  transshipping, 

(g) 
packaging, processing, refueling or resupplying;  

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

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(i) 
“regional  fisheries  management  organization”  means  an  intergovernmental  fisheries 
organization or arrangement, as appropriate, that has the competence to establish conservation 
and management measures; and 

“vessel” means any vessel, ship of another type or boat used for, equipped to be used 

(j) 
for, or intended to be used for, fishing or fishing related activities. 

Article 2 

Objective 

The  objective  of  this  Agreement  is  to  prevent,  deter  and  eliminate  IUU  fishing  through  the 
implementation  of  effective  port  State  measures,  and  thereby  to  ensure  the  long-term 
conservation and sustainable use of living marine resources and marine ecosystems.  

Article 3 

Application 

1. 
Each  Party  shall,  in  its  capacity  as  a  port  State,  apply  this  Agreement  in  respect  of 
vessels not entitled to fly its flag that are seeking entry to its ports or are in one of its ports, 
except for:  

a) 
vessels  of  a  neighbouring  State  that  are  engaged  in  artisanal  fishing  for  subsistence, 
provided  that  the  port  State  and  the  flag  State  cooperate  to  ensure  that  such  vessels  do  not 
engage in IUU fishing or fishing related activities in support of such fishing ; and  

container vessels that are not carrying fish or, if carrying fish, only fish that have been 
b) 
previously  landed,  provided  that  there  are  no  clear  grounds  for  suspecting  that  such  vessels 
have engaged in fishing related activities in support of IUU fishing. 

2. A Party may, in its capacity as a port State, decide not to apply this Agreement to vessels 
chartered  by  its  nationals  exclusively  for  fishing  in  areas  under  its  national  jurisdiction  and 
operating under its authority therein. Such vessels shall be subject to measures by the Party 
which are as effective as measures applied in relation to vessels entitled to fly its flag.  

3. This Agreement shall apply to fishing conducted in marine areas that is illegal, unreported 
or unregulated, as defined in Article 1(e) of this Agreement, and to fishing related activities in 
support of such fishing. 

This Agreement shall be applied in a fair, transparent and non-discriminatory manner, 

4. 
consistent with international law. 

5. 
As this Agreement is global in scope and applies to all ports, the Parties shall encourage 
all  other  entities  to  apply  measures  consistent  with  its  provisions.  Those  that  may  not 
otherwise become Parties to this Agreement may express their commitment to act consistently 
with its provisions. 

Article 4 

Relationship with international law and other international instruments 

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1.  Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of Parties 
under international law. In particular, nothing in this Agreement shall be construed to affect:  

the  sovereignty  of  Parties  over  their  internal,  archipelagic  and  territorial  waters  or  their 
sovereign rights over their continental shelf and in their exclusive economic zones;  
the  exercise  by  Parties  of  their  sovereignty  over  ports  in  their  territory  in  accordance  with 
international law, including their right to deny entry thereto as well as to adopt more stringent 
port  State  measures  than  those  provided  for  in  this  Agreement,  including  such  measures 
adopted pursuant to a decision of a regional fisheries management organization.  

2. 
In  applying  this  Agreement,  a  Party  does  not  thereby  become  bound  by  measures  or 
decisions of, or recognize, any regional fisheries management organization of which it is not a 
member.  

3. 
In  no  case  is  a  Party  obliged  under  this  Agreement  to  give  effect  to  measures  or 
decisions of a regional fisheries management organization if those measures or decisions have 
not been adopted in conformity with international law. 

4. 
This  Agreement  shall  be  interpreted  and  applied  in  conformity  with  international  law 
taking  into  account  applicable  international  rules  and  standards,  including  those  established 
through the International Maritime Organization, as well as other international instruments.  

5. 
Parties shall fulfil in good faith the obligations assumed pursuant to this Agreement and 
shall exercise the rights recognized herein in a manner that would not constitute an abuse of 
right. 

Article 5 

Integration and coordination at the national level 

Each Party shall, to the greatest extent possible: 

a) 

b) 

c) 

integrate or coordinate fisheries related port State measures with the broader system 
of port State controls;  

integrate  port  State  measures  with  other  measures  to  prevent,  deter  and  eliminate 
IUU  fishing  and  fishing  related  activities  in  support  of  such  fishing,  taking  into 
account as appropriate the 2001 FAO International Plan of Action to Prevent, Deter 
and Eliminate Illegal, Unreported and Unregulated Fishing; and 

take  measures  to  exchange  information  among  relevant  national  agencies  and  to 
coordinate the activities of such agencies in the implementation of this Agreement. 

Article 6 

Cooperation and exchange of information 

In order to promote the effective implementation of this Agreement and with due regard 
1. 
to appropriate confidentiality requirements, Parties shall cooperate and exchange information 
with  relevant  States,  FAO,  other 
international  organizations  and  regional  fisheries 
management  organizations,  including  on  the  measures  adopted  by  such  regional  fisheries 
management organizations in relation to the objective of this Agreement. 

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2. 
Each  Party  shall,  to  the  greatest  extent  possible,  take  measures  in  support  of 
conservation  and  management  measures  adopted  by  other  States  and  other  relevant 
international organizations. 

Parties  shall  cooperate,  at  the  subregional,  regional  and  global  levels,  in  the  effective 
3. 
implementation  of  this  Agreement  including,  where  appropriate,  through  FAO  or  regional 
fisheries management organizations and arrangements. 

PART 2 

ENTRY INTO PORT 

Article 7 

Designation of ports 

Each  Party  shall  designate  and  publicize  the  ports  to  which  vessels  may  request  entry 
1. 
pursuant  to  this  Agreement.  Each  Party  shall  provide  a  list  of  its  designated  ports  to  FAO, 
which shall give it due publicity. 

Each Party shall, to the greatest extent possible, ensure that every port designated and 
2. 
publicized  in  accordance  with  paragraph  1  of  this  Article  has  sufficient  capacity  to  conduct 
inspections pursuant to this Agreement. 

Article 8 

Advance request for port entry 

Each Party shall require, as a minimum standard, the information requested in Annex A 

1. 
to be provided before granting entry to a vessel to its port. 

Each Party shall require the information referred to in paragraph 1 of this Article to be 
2. 
provided  sufficiently  in  advance  to  allow  adequate  time  for  the  port  State  to  examine  such 
information. 

Article 9 

Port entry, authorization or denial 

1.  After receiving the relevant information required pursuant to Article 8, as well as such 
other information as it may require to determine whether the vessel requesting entry into its 
port has engaged in IUU fishing or fishing related activities in support of such fishing, each 
Party shall decide whether to authorize or deny the entry of the vessel into its port and shall 
communicate this decision to the vessel or to its representative. 

2. 
In  the  case  of  authorization  of  entry,  the  master  of  the  vessel  or  the  vessel’s 
representative  shall  be  required  to  present  the  authorization  for  entry  to  the  competent 
authorities of the Party upon the vessel’s arrival at port. 

3. 
In the case of denial of entry, each Party shall communicate its decision taken pursuant 
to  paragraph  1  of  this  Article  to  the  flag  State  of  the  vessel  and,  as  appropriate  and  to  the 

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extent possible, relevant coastal States, regional fisheries management organizations and other 
international organizations. 

4.  Without prejudice to paragraph 1 of this Article, when a Party has sufficient proof that a 
vessel  seeking  entry  into  its  port  has  engaged  in  IUU  fishing  or  fishing  related  activities  in 
support  of  such  fishing,  in  particular  the  inclusion  of  a  vessel  on  a  list  of  vessels  having 
engaged  in  such  fishing  or  fishing  related  activities  adopted  by  a  relevant  regional  fisheries 
management  organization  in  accordance  with  the  rules  and  procedures  of  such  organization 
and in conformity with international law, the Party shall deny that vessel entry into its ports, 
taking into due account paragraphs 2 and 3 of Article 4. 

5.  Notwithstanding  paragraphs  3  and  4  of  this  Article,  a  Party  may  allow  entry  into  its 
ports of a vessel referred to in those paragraphs exclusively for the purpose of inspecting it 
and taking other appropriate actions in conformity with international law which are at least as 
effective  as  denial  of  port  entry  in  preventing,  deterring  and  eliminating  IUU  fishing  and 
fishing related activities in support of such fishing. 

6.  Where a vessel referred to in paragraph 4 or 5 of this Article is in port for any reason, a 
Party  shall  deny  such  vessel  the  use  of  its  ports  for  landing,  transshipping,  packaging,  and 
processing of fish and for other port services including, inter alia, refueling and resupplying, 
maintenance and drydocking. Paragraphs 2 and 3 of Article 11 apply mutatis mutandis in such 
cases. Denial of such use of ports shall be in conformity with international law. 

Article 10 

Force majeure or distress 

Nothing in this Agreement affects the entry of vessels to port in accordance with international 
law for reasons of force majeure or distress, or prevents a port State from permitting entry into 
port to a vessel exclusively for the purpose of rendering assistance to persons, ships or aircraft 
in danger or distress. 

PART 3 

USE OF PORTS 

Article 11 

Use of ports 

1.  Where a vessel has entered one of its ports, a Party shall deny, pursuant to its laws and 
regulations  and  consistent  with  international  law,  including  this  Agreement,  that  vessel  the 
use of the port for landing, transshipping, packaging and processing of fish that have not been 
previously landed and for other port services, including, inter alia, refueling and resupplying, 
maintenance and drydocking, if: 

a) 

b) 

the Party finds that the vessel does not have a valid and applicable authorization to 
engage in fishing or fishing related activities required by its flag State; 

the Party finds that the vessel does not have a valid and applicable authorization to 
engage in fishing or fishing related activities required by a coastal State in respect of 
areas under the national jurisdiction of that State; 

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c) 

d) 

e) 

the Party receives clear evidence that the fish on board was taken in contravention of 
applicable  requirements  of  a  coastal  State  in  respect  of  areas  under  the  national 
jurisdiction of that State; 

the flag State does not confirm within a reasonable period of time, on the request of 
the  port  State,  that  the  fish  on  board  was  taken  in  accordance  with  applicable 
requirements  of  a  relevant  regional  fisheries  management  organization  taking  into 
account paragraphs 2 and 3 of Article 4; or 

the Party has reasonable grounds to believe that the vessel was otherwise engaged in 
IUU  fishing  or  fishing  related  activities  in  support  of  such  fishing,  including  in 
support  of  a  vessel  referred  to  in  paragraph  4  of  Article  9,  unless  the  vessel  can 
establish: 

that  it  was  acting  in  a  manner  consistent  with  relevant  conservation  and 

i) 
management measures; or 

ii) 
in the case of provision of personnel, fuel, gear and other supplies at sea, that 
the vessel that was provisioned was not, at the time of provisioning, a vessel referred 
to in paragraph 4 of Article 9. 

Notwithstanding paragraph 1 of this Article, a Party shall not deny a vessel referred to 

2. 
in that paragraph the use of port services: 

a) 

essential to the safety or health of the crew or the safety of the vessel, provided these 
needs are duly proven, or 

b) 

where appropriate, for the scrapping of the vessel. 

3.  Where  a  Party  has  denied  the  use  of  its  port  in  accordance  with  this  Article,  it  shall 
promptly  notify  the  flag  State  and,  as  appropriate,  relevant  coastal  States,  regional  fisheries 
management organizations and other relevant international organizations of its decision. 

4.  A Party shall withdraw its denial of the use of its port pursuant to paragraph 1 of this 
Article  in respect of a vessel  only if there is sufficient proof  that the  grounds  on which use 
was denied were inadequate or erroneous or that such grounds no longer apply. 

5.  Where a Party has withdrawn its denial pursuant to paragraph 4 of this Article, it shall 
promptly  notify  those  to  whom  a  notification  was  issued  pursuant  to  paragraph  3  of  this 
Article. 

PART 4 

INSPECTIONS AND FOLLOW-UP ACTIONS 

Article 12 

Levels and priorities for inspection 

Each Party shall inspect the number of vessels in its ports required to reach an annual 

1. 
level of inspections sufficient to achieve the objective of this Agreement. 

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Parties shall seek to agree on the minimum levels for inspection of vessels through, as 

2. 
appropriate, regional fisheries management organizations, FAO or otherwise. 

3. 

a) 

b) 

c) 

In determining which vessels to inspect, a Party shall give priority to: 

vessels  that  have  been  denied  entry  or  use  of  a  port  in  accordance  with  this 
Agreement; 

requests  from  other  relevant  Parties,  States  or  regional  fisheries  management 
organizations  that  particular  vessels  be  inspected,  particularly  where  such  requests 
are  supported  by  evidence  of  IUU  fishing  or  fishing  related  activities  in  support  of 
such fishing by the vessel in question; and 

other vessels for which there are clear grounds for suspecting that they have engaged 
in IUU fishing or fishing related activities in support of such fishing. 

Article 13 

Conduct of inspections 

Each Party shall ensure that its inspectors carry out the functions set forth in Annex B as 

1. 
a minimum standard. 

2. 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

Each Party shall, in carrying out inspections in its ports: 

ensure that inspections are carried out by properly qualified inspectors authorized for 
that purpose, having regard in particular to Article 17;  

ensure that, prior to an inspection, inspectors are required to present to the master of 
the vessel an appropriate document identifying the inspectors as such; 

ensure that inspectors examine all relevant areas of the vessel, the fish on board, the 
nets  and  any  other  gear,  equipment,  and  any  document  or  record  on  board  that  is 
relevant  to  verifying  compliance  with  relevant  conservation  and  management 
measures;  

require  the  master  of  the  vessel  to  give  inspectors  all  necessary  assistance  and 
information, and to present relevant material and documents as may be required, or 
certified copies thereof; 

in case of appropriate arrangements with the flag State of the vessel, invite the flag 
State to participate in the inspection;  

make  all  possible  efforts  to  avoid  unduly  delaying  the  vessel  to  minimize 
interference and inconvenience, including any unnecessary presence of inspectors on 
board,  and  to  avoid  action  that  would  adversely  affect  the  quality  of  the  fish  on 
board; 

make all possible efforts to facilitate communication with the master or senior crew 
members of the vessel, including where possible and where needed that the inspector 
is accompanied by an interpreter;  

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h) 

i) 

ensure  that  inspections  are  conducted  in  a  fair,  transparent  and  non-discriminatory 
manner and would not constitute harassment of any vessel; and  

not  interfere  with  the  master’s  ability,  in  conformity  with  international  law,  to 
communicate with the authorities of the flag State.  

Article 14 

Results of inspections 

Each Party shall, as a minimum standard, include the information set out in Annex C in the 
written report of the results of each inspection. 

Article 15 

Transmittal of inspection results  

Each Party shall transmit the results of each inspection to the flag State of the inspected vessel 
and, as appropriate, to: 

(a) 

relevant Parties and States, including: 

(i) those States for which there is evidence through inspection that the vessel has 
engaged in IUU fishing or fishing related activities in support of such fishing within waters 
under their national jurisdiction; and  

(ii) the State of which the vessel’s master is a national. 

relevant regional fisheries management organizations; and 

FAO and other relevant international organizations.  

(b) 

(c) 

Article 16 

Electronic exchange of information 

1. 
To  facilitate  implementation  of  this  Agreement,  each  Party  shall,  where  possible, 
establish  a  communication  mechanism  that  allows  for  direct  electronic  exchange  of 
information, with due regard to appropriate confidentiality requirements. 

2. 
To the extent possible and with due regard to appropriate confidentiality requirements, 
Parties  should  cooperate  to  establish  an  information-sharing  mechanism,  preferably 
coordinated  by  FAO,  in  conjunction  with  other  relevant  multilateral  and  intergovernmental 
initiatives,  and  to  facilitate  the  exchange  of  information  with  existing  databases  relevant  to 
this Agreement. 

Each Party shall designate an authority that shall act as a contact point for the exchange 
3. 
of  information  under  this  Agreement.  Each  Party  shall  notify  the  pertinent  designation  to 
FAO. 

Each  Party  shall  handle  information  to  be  transmitted  through  any  mechanism 

4. 
established under paragraph 1 of this Article consistent with Annex D. 

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5. 
FAO  shall  request  relevant  regional  fisheries  management  organizations  to  provide 
information concerning the measures or decisions they have adopted and implemented which 
relate to this Agreement for their integration, to the extent possible and taking due account of 
the appropriate confidentiality requirements, into the information-sharing mechanism referred 
to in paragraph 2 of this Article. 

Article 17 

Training of inspectors 

Each  Party  shall  ensure  that  its  inspectors  are  properly  trained  taking  into  account  the 
guidelines  for  the  training  of  inspectors  in  Annex E.  Parties  shall  seek  to  cooperate  in  this 
regard. 

Article 18 

Port State actions following inspection 

1.  Where, following an inspection, there are clear grounds for believing that a vessel has 
engaged  IUU  fishing  or  fishing  related  activities  in  support  of  such  fishing,  the  inspecting 
Party shall: 

a) 

b) 

promptly  notify  the  flag  State  and,  as  appropriate,  relevant  coastal  States,  regional 
fisheries  management  organizations  and  other  international  organizations,  and  the 
State of which the vessel’s master is a national of its findings; and 

deny  the  vessel  the  use  of  its  port  for  landing,  transshipping,  packaging  and 
processing of fish that have not been previously landed and for other port services, 
including, inter alia, refueling and resupplying, maintenance and drydocking, if these 
actions have not already been taken in respect of the vessel, in a manner consistent 
with this Agreement, including Article 4. 

2. 

Notwithstanding paragraph 1 of this Article, a Party shall not deny a vessel referred to 

in that paragraph the use of port services essential for the safety or health of the crew or the 
safety of the vessel. 

3. 
Nothing in this Agreement prevents a Party from taking measures that are in conformity 
with  international  law  in  addition  to  those  specified  in  paragraphs  1  and  2  of  this  Article, 
including such measures as the flag State of the vessel has expressly requested or to which it 
has consented.  

Article 19 

Information on recourse in the port State 

1.  A Party shall maintain the relevant information available to the public and provide such 
information, upon written request, to the owner, operator, master or representative of a vessel 
with regard to any recourse established in accordance with its national laws and regulations 
concerning  port  State  measures  taken  by  that  Party  pursuant  to  Article  9,  11,  13  or  18, 
including information pertaining to the public services or judicial institutions available for this 
purpose,  as  well  as  information  on  whether  there  is  any  right  to  seek  compensation  in 

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accordance with its national laws and regulations in the event of any loss or damage suffered 
as a consequence of any alleged unlawful action by the Party. 

2. 
The Party shall inform the flag State, the owner, operator, master or representative, as 
appropriate, of the outcome of any such recourse. Where other Parties, States or international 
organizations have been informed of the prior decision pursuant to Article 9, 11, 13 or 18, the 
Party shall inform them of any change in its decision. 

PART 5 

ROLE OF FLAG STATES 

Article 20 

Role of flag States 

Each  Party  shall  require  the  vessels  entitled  to  fly  its  flag  to  cooperate  with  the  port 

1. 
State in inspections carried out pursuant to this Agreement. 

2.  When  a  Party  has  clear  grounds  to  believe  that  a  vessel  entitled  to  fly  its  flag  has 
engaged in IUU fishing or fishing related activities in support of such fishing and is seeking 
entry to or is in the port of another State, it shall, as appropriate, request that State to inspect 
the vessel or to take other measures consistent with this Agreement. 

Each Party shall encourage vessels entitled to fly its flag to land, transship, package and 
3. 
process fish, and use other port services, in ports of States that are acting in accordance with, 
or in a manner consistent with this Agreement. Parties are encouraged to develop, including 
through  regional  fisheries  management  organizations  and  FAO,  fair,  transparent  and  non-
discriminatory procedures for identifying any State that may not be acting in accordance with, 
or in a manner consistent with, this Agreement. 

4.  Where, following port State inspection, a flag State Party receives an inspection report 
indicating  that  there  are  clear  grounds  to  believe  that  a  vessel  entitled  to  fly  its  flag  has 
engaged  in  IUU  fishing  or  fishing  related  activities  in  support  of  such  fishing,  it  shall 
immediately  and  fully  investigate  the  matter  and  shall,  upon  sufficient  evidence,  take 
enforcement action without delay in accordance with its laws and regulations. 

5. 
Each  Party  shall,  in  its  capacity  as  a  flag  State,  report  to  other  Parties,  relevant  port 
States and, as appropriate, other relevant States, regional fisheries management organizations 
and FAO on actions it has taken in respect of vessels entitled to fly its flag that, as a result of 
port State measures taken pursuant to this Agreement, have been determined to have engaged 
in IUU fishing or fishing related activities in support of such fishing. 

6. 
Each  Party  shall  ensure  that  measures  applied  to  vessels  entitled  to  fly  its  flag  are  at 
least  as  effective  in  preventing,  deterring,  and  eliminating  IUU  fishing  and  fishing  related 
activities in support of such fishing as measures applied to vessels referred to in paragraph 1 
of Article 3. 

PART 6 

REQUIREMENTS OF DEVELOPING STATES 

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Article 21 

Requirements of developing States 

1. 
Parties  shall  give  full  recognition  to  the  special  requirements  of  developing  States 
Parties  in  relation  to  the  implementation  of  port  State  measures  consistent  with  this 
Agreement.  To  this  end,  Parties  shall,  either  directly  or  through  FAO,  other  specialized 
agencies  of  the  United  Nations  or  other  appropriate  international  organizations  and  bodies, 
including  regional  fisheries  management  organizations,  provide  assistance  to  developing 
States Parties in order to, inter alia: 

a) 

b) 

c) 

enhance their ability, in particular the least-developed among them and small island 
developing  States,  to  develop  a  legal  basis  and  capacity  for  the  implementation  of 
effective port State measures; 

facilitate  their  participation  in  any  international  organizations  that  promote  the 
effective development and implementation of port State measures; and 

facilitate  technical  assistance  to  strengthen  the  development  and  implementation  of 
port State measures by them, in coordination with relevant international mechanisms. 

2. 
Parties  shall  give  due  regard  to  the  special  requirements  of  developing  port  States 
Parties, in particular the least-developed among them and small island developing States, to 
ensure that a disproportionate burden resulting from the implementation of this Agreement is 
not transferred directly or indirectly to them. In cases where the transfer of a disproportionate 
burden has been demonstrated, Parties shall cooperate to facilitate the implementation by the 
relevant developing States Parties of specific obligations under this Agreement.  

Parties  shall,  either  directly  or  through  FAO,  assess  the  special  requirements  of 

3. 
developing States Parties concerning the implementation of this Agreement. 

Parties shall cooperate to establish appropriate funding mechanisms to assist developing 
4. 
States  in  the  implementation  of  this  Agreement.  These  mechanisms  shall,  inter  alia,  be 
directed specifically towards: 

a) 

b) 

c) 

d) 

developing national and international port State measures;  

developing  and  enhancing  capacity, 
including  for  monitoring,  control  and 
surveillance  and  for  training  at  the  national  and  regional  levels  of  port  managers, 
inspectors, and enforcement and legal personnel; 

monitoring,  control,  surveillance  and  compliance  activities  relevant  to  port  State 
measures, including access to technology and equipment; and 

listing developing States Parties with the costs involved in any proceedings for  the 
settlement  of  disputes  that  result  from  actions  they  have  taken  pursuant  to  this 
Agreement. 

5. 
Cooperation with and among developing States Parties for the purposes set out in this 
Article  may  include  the  provision  of  technical  and  financial  assistance  through  bilateral, 
multilateral and regional channels, including South-South cooperation. 

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6. 
Parties  shall  establish  an  ad  hoc  working  group  to  periodically  report  and  make 
recommendations  to  the  Parties  on  the  establishment  of  funding  mechanisms  including  a 
scheme for contributions, identification and mobilisation of funds, the development of criteria 
and procedures to guide implementation, and progress in the implementation of the funding 
mechanisms.  In  addition  to  the  considerations  provided  in  this  Article,  the  ad  hoc  working 
group shall take into account, inter alia: 

a) 

b) 

c) 

the  assessment  of  the  needs  of  developing  States  Parties,  in  particular  the  least-
developed among them and small island developing States; 

the availability and timely disbursement of funds; 

transparency of decision-making and management processes concerning fundraising 
and allocations; and  

d) 

accountability of the recipient developing States Parties in the agreed use of funds. 

Parties  shall  take  into  account  the  reports  and  any  recommendations  of  the  ad  hoc  working 
group and take appropriate action. 

PART 7 

DISPUTE SETTLEMENT 

Article 22 

Peaceful settlement of disputes 

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

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

3.  Any dispute of this character not so resolved shall, with the consent of all Parties to the 
dispute,  be  referred  for  settlement  to  the  International  Court  of  Justice,  to  the  International 
Tribunal for the Law of the Sea or to arbitration. In the case of failure to reach agreement on 
referral to the International Court of Justice, to the International Tribunal for the Law of the 
Sea  or  to  arbitration,  the  Parties  shall  continue  to  consult  and  cooperate  with  a  view  to 
reaching settlement of the dispute in accordance with the rules of international law relating to 
the conservation of living marine resources. 

PART 8 

NON-PARTIES  

Article 23 

Non-Parties to this Agreement 

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Parties shall encourage non-Parties to this Agreement to become Parties thereto and/or 

1. 
to adopt laws and regulations and implement measures consistent with its provisions. 

2. 
Parties shall take fair, non-discriminatory and transparent measures consistent with this 
Agreement and other applicable international law to deter the activities of non-Parties which 
undermine the effective implementation of this Agreement. 

PART 9 

MONITORING, REVIEW AND ASSESSMENT 

Article 24 

Monitoring, review and assessment 

1. 
Parties shall, within the framework of FAO and its relevant bodies, ensure the regular 
and systematic monitoring and review of the implementation of this Agreement as well as the 
assessment of progress made towards achieving its objective. 

2. 
Four years after the entry into force of this Agreement, FAO shall convene a meeting of 
the Parties to review and assess the effectiveness of this Agreement in achieving its objective. 
The Parties shall decide on further such meetings as necessary. 

PART 10  

FINAL PROVISIONS 

Article 25 

Signature 

This Agreement shall be open for signature at ** from ** until **, by all States and regional 
economic integration organizations. 

Article 26 

Ratification, acceptance or approval 

This  Agreement  shall  be  subject  to  ratification,  acceptance  or  approval  by  the 

1. 
signatories. 

Instruments  of  ratification,  acceptance  or  approval  shall  be  deposited  with  the 

2. 
Depositary. 

Article 27 

Accession 

1.  After  the  period  in  which  this  Agreement  is  open  for  signature,  it  shall  be  open  for 
accession by any State or regional economic integration organization. 

2. 

Instruments of accession shall be deposited with the Depositary. 

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Article 28 

Participation by Regional Economic Integration Organizations 

1. 
In  cases  where  a  regional  economic  integration  organization  that  is  an  international 
organization referred to in Annex IX, Article 1, of the Convention does not have competence 
over  all  the  matters  governed  by  this  Agreement,  Annex  IX  to  the  Convention  shall  apply 
mutatis mutandis to participation by such regional economic integration organization in this 
Agreement, except that the following provisions of that Annex shall not apply: 

a) 

b) 

Article 2, first sentence; and 

Article 3, paragraph 1. 

2. 
In  cases  where  a  regional  economic  integration  organization  that  is  an  international 
organization referred to in Annex IX, Article 1, of the Convention has competence over all the 
matters governed by this Agreement, the following provisions shall apply to participation by 
the regional economic integration organization in this Agreement: 

a) 

at  the  time  of  signature  or  accession,  such  organization  shall  make  a  declaration 
stating: 

i) 

that it has competence over all the matters governed by this Agreement; 

that, for this reason, its member States shall not become States Parties, 

ii) 
respect of their territories for which the organization has no 

responsibility; and 

except 

in 

iii) 

that it accepts the rights and obligations of States under this Agreement; 

b) 

c) 

participation  of  such  an  organization  shall  in  no  case  confer  any  rights  under  this 
Agreement on member States of the organization; 

in  the  event  of  a  conflict  between  the  obligations  of  such  organization  under  this 
Agreement and its obligations under the Agreement establishing the organization or 
any acts relating to it, the obligations under this Agreement shall prevail. 

Article 29 

Entry into force 

1. 
This  Agreement  shall  enter  into  force  thirty  days  after  the  date  of  deposit  with  the 
Depositary of the twenty-fifth instrument of ratification, acceptance, approval or accession in 
accordance with Article 26 or 27. 

2. 
For each signatory which ratifies, accepts or approves this Agreement after its entry into 
force,  this  Agreement  shall  enter  into  force  thirty  days  after  the  date  of  the  deposit  of  its 
instrument of ratification, acceptance or approval. 

3. 
For  each  State  or  regional  economic  integration  organization  which  accedes  to  this 
Agreement after its entry into force, this Agreement shall enter into force thirty days after the 
date of the deposit of its instrument of accession. 

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4. 
For  the  purposes  of  this  Article,  any  instrument  deposited  by  a  regional  economic 
integration organization shall not be counted as additional to those deposited by its Member 
States. 

Article 30 

Reservations and exceptions 

No reservations or exceptions may be made to this Agreement. 

Article 31 

Declarations and statements 

Article  30  does  not  preclude  a  State  or  regional  economic  integration  organization,  when 
signing,  ratifying,  accepting,  approving  or  acceding  to  this  Agreement,  from  making  a 
declaration  or  statement,  however  phrased  or  named,  with  a  view  to,  inter  alia,  the 
harmonization of its laws and regulations with the provisions of this Agreement, provided that 
such declaration or statement does not purport to exclude or to modify the legal effect of the 
provisions of this Agreement in their application to that State or regional economic integration 
organization. 

Provisional application 

Article 32 

1. 
This  Agreement  shall  be  applied  provisionally  by  States  or  regional  economic 
integration  organizations  which  consent  to  its  provisional  application  by  so  notifying  the 
Depositary  in  writing.  Such  provisional  application  shall  become  effective  from  the  date  of 
receipt of the notification. 

Provisional  application  by  a  State  or  regional  economic  integration  organization  shall 
2. 
terminate  upon  the  entry  into  force  of  this  Agreement  for  that  State  or  regional  economic 
integration  organization  or  upon  notification  by  that  State  or  regional  economic  integration 
organization to the Depositary in writing of its intention to terminate provisional application. 

Amendments 

Article 33 

1.  Any Party may propose amendments to this Agreement after the expiry of a period of 
two years from the date of entry into force of this Agreement. 

2.  Any  proposed  amendment  to  this  Agreement  shall  be  transmitted  by  written 
communication to the Depositary along with a request for the convening of a meeting of the 
Parties to consider it. The Depositary shall circulate to all Parties such communication as well 
as all replies to the request received from Parties. Unless within six months from the date of 
circulation of the communication one half of the Parties object to the request, the Depositary 
shall convene a meeting of the Parties to consider the proposed amendment. 

Subject  to  Article  34,  any  amendment  to  this  Agreement  shall  only  be  adopted  by 

3. 
consensus of the Parties present at the meeting at which it is proposed for adoption. 

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4. 
Subject to Article 34, any amendment adopted by the meeting of the Parties shall come 
into force among the Parties having ratified, accepted or approved it on the ninetieth day after 
the deposit of instruments of ratification, acceptance or approval by two-thirds of the Parties 
to this Agreement based on the number of Parties on the date of adoption of the amendment. 
Thereafter the amendment shall enter into force for any other Party on the ninetieth day after 
that Party deposits its instrument of ratification, acceptance or approval of the amendment. 

5. 
For  the  purposes  of  this  Article,  an  instrument  deposited  by  a  regional  economic 
integration organization shall not be counted as additional to those deposited by its Member 
States. 

Annexes 

Article 34  

The Annexes form an integral part of this Agreement and a reference to this Agreement 

1. 
shall constitute a reference to the Annexes. 

2.  An  amendment  to  an  Annex  to  this  Agreement  may  be  adopted  by  two-thirds  of  the 
Parties to this Agreement present at a meeting where the proposed amendment to the Annex is 
considered. Every effort shall however be made to reach agreement on any amendment to an 
Annex  by  way  of  consensus.  An  amendment  to  an  Annex  shall  be  incorporated  in  this 
Agreement and enter into force for those Parties that have expressed their acceptance from the 
date on which the Depositary receives notification of acceptance from one-third of the Parties 
to this Agreement, based on the number of Parties on the date of adoption of the amendment. 
The amendment shall thereafter enter into force for each remaining Party upon receipt by the 
Depositary of its acceptance. 

Withdrawal 

Article 35 

Any Party may withdraw from this Agreement at any time after the expiry of one year from 
the  date  upon  which  the  Agreement  entered  into  force  with  respect  to  that  Party,  by  giving 
written notice of such withdrawal to the Depositary. Withdrawal shall become effective one 
year after receipt of the notice of withdrawal by the Depositary. 

The Depositary 

Article 36 

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

(a) 

(b) 

transmit certified copies of this Agreement to each signatory and Party; 

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

(c) 

promptly inform each signatory and Party to this Agreement of all: 

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signatures  and  instruments  of  ratification,  acceptance,  approval  and

i) 
accession deposited under Articles 25, 26 and 27;  

ii) 

the  date  of  entry  into  force  of  this  Agreement  in  accordance  with 

Article 29; 

(iii) 
in accordance with Article 33; 

proposals for amendment to this Agreement and their adoption and entry into force 

iv) 
accordance with Article 34; and 

proposals for amendment to the Annexes and their adoption and entry into force in 

v)  withdrawals from this Agreement in accordance with Article 35. 

Authentic texts 

Article 37 

The  Arabic,  Chinese,  English,  French,  Russian  and  Spanish  texts  of  this  Agreement  are 
equally authentic. 

IN  WITNESS  WHEREOF,  the  undersigned  Plenipotentiaries,  being  duly  authorized,  have 
signed this Agreement. 

DONE at **, on this ** day of **, 200*. 

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Information to be provided in advance by vessels requesting port entry 

ANNEX A 

1. Intended port of call 

2. Port State 

3. Estimated date and time of arrival 

4. Purpose(s) 

5. Port and date of last port call 

6. Name of the vessel 

7. Flag State 

8. Type of vessel 

9. International Radio Call Sign  

10. Vessel contact information 

11. Vessel owner(s) 

12. Certificate of registry ID 

13. IMO ship ID, if available 

14. External ID, if available 

15. RFMO ID, if applicable 

16. VMS 

No 

Yes: National 

Yes: RFMO(s) 

Type: 

17. Vessel dimensions 

Length 

Beam 

Draft 

18. Vessel master name and nationality 

19. Relevant fishing authorization(s) 

Identifier 

Issued by 

Validity 

Fishing area(s)

Species 

Gear 

20. Relevant transshipment authorization(s) 

Identifier  

Issued by  

Validity 

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Identifier  

Issued by  

Validity 

21. Transshipment information concerning donor vessels 

Date 

Location  Name  

Flag State  

ID 
number 

Species 

Product 
form 

Catch 
area 

Quantity 

22. Total catch onboard 

23. Catch to be offloaded 

Species 

Product form 

Catch area 

Quantity 

Quantity 

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ANNEX B 

Port State inspection procedures 

Inspectors shall: 

a) 
verify, to the extent possible, that the vessel identification documentation onboard 
and  information  relating  to  the  owner  of  the  vessel  is  true,  complete  and  correct,  including 
through  appropriate  contacts  with  the  flag  State  or  international  records  of  vessels  if 
necessary; 

b) 
verify that the vessel’s flag and markings (e.g. name, external registration number, 
International Maritime Organization (IMO) ship identification number, international radio call 
sign and  other markings, main dimensions) are consistent with information contained in the 
documentation; 

c) 
verify, to the extent possible, that the authorizations for fishing and fishing related 
activities  are  true,  complete,  correct  and  consistent  with  the  information  provided  in 
accordance with Annex A; 

d) 
review  all  other  relevant  documentation  and  records  held  onboard,  including,  to 
the extent possible, those in electronic format and vessel monitoring system (VMS) data from 
the  flag  State  or  relevant  regional  fisheries  management  organizations  (RFMOs).  Relevant 
documentation may include logbooks, catch, transshipment and trade documents, crew lists, 
stowage plans and drawings, descriptions of fish holds, and documents required pursuant to 
the Convention on International Trade in Endangered Species of Wild Fauna and Flora; 

examine,  to  the  extent  possible,  all  relevant  fishing  gear  onboard,  including  any 
e) 
gear stowed out of sight as well as related devices, and to the extent possible, verify that they 
are  in  conformity  with  the  conditions  of  the  authorizations.  The  fishing  gear  shall,  to  the 
extent  possible,  also  be  checked  to  ensure  that  features  such  as  the  mesh  and  twine  size, 
devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and 
numbers  are  in  conformity  with  applicable  regulations  and  that  the  markings  correspond  to 
those authorized for the vessel;  

f) 
accordance with the applicable authorizations; 

determine,  to  the  extent  possible,  whether  the  fish  on  board  was  harvested  in 

examine  the  fish,  including  by  sampling,  to  determine  its  quantity  and 
g) 
composition. In doing so, inspectors may open containers where the fish has been pre-packed 
and  move  the  catch  or  containers  to  ascertain  the  integrity  of  fish  holds.  Such  examination 
may include inspections of product type and determination of nominal weight; 

h) 
IUU fishing or fishing related activities in support of such fishing;  

evaluate whether there is clear evidence for believing that a vessel has engaged in 

i) 
provide  the  master  of  the  vessel  with  the  report  containing  the  result  of  the 
inspection, including possible measures that could be taken, to be signed by the inspector and 
the  master.  The  master’s  signature  on  the  report  shall  serve  only  as  acknowledgment  of  the 
receipt  of  a  copy  of  the  report.  The  master  shall  be  given  the  opportunity  to  add  any 
comments or objection to the report, and, as appropriate, to contact the relevant authorities of 

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the  flag  State  in  particular  where  the  master  has  serious  difficulties  in  understanding  the 
content of the report. A copy of the report shall be provided to the master; and 

j) 

arrange, where necessary and possible, for translation of relevant documentation. 

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ANNEX C 

Report of the results of the inspection 

1. Inspection report no 

2. Port State 

3. Inspecting authority 

4. Name of principal inspector 

ID 

5. Port of inspection 

6. Commencement of inspection 

YYYY 

Completion 

7. 
inspection 

of 

YYYY 

MM  

MM 

DD 

DD 

HH 

HH 

8. Advanced notification received 

Yes 

No 

9. Purpose(s) 

LAN 

TRX 

PRO 

OTH (specify) 

10. Port and State and date 
of last port call 

YYYY  MM 

DD 

11. Vessel name 

12. Flag State 

13. Type of vessel 

14. International Radio Call Sign 

15. Certificate of registry ID 

16. IMO ship ID, if available 

17. External ID , if available 

18. Port of registry 

19. Vessel owner(s) 

20.  Vessel  beneficial  owner(s),  if 
known  and  different  from  vessel 
owner 

21. Vessel operator(s), if different 
from vessel owner 

22. Vessel master name and nationality 

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23. Fishing master name and nationality 

24. Vessel agent 

25. VMS 

No  

Yes: National 

Yes: RFMOs 

Type: 

26.  Status  in  RFMO  areas  where  fishing  or  fishing  related  activities  have  been 
undertaken, including any IUU vessel listing 

Vessel identifier 

RFMO 

Flag State 
status 

Vessel on 
authorized vessel 
list 

Vessel on IUU 
vessel list 

27. Relevant fishing authorization(s) 

Identifier 

Issued by 

Validity 

Fishing area(s) 

Species 

Gear 

28. Relevant transshipment authorization(s) 

Identifier 

Identifier 

Issued by 

Issued by 

Validity 

Validity 

29. Transshipment information concerning donor vessels 

Name 

Flag State 

ID no 

Species  Product 

form 

Catch 
area(s) 

Quantity 

30. Evaluation of offloaded catch (quantity) 

Species  Product 

form 

Catch 
area(s) 

Quantity 
declared 

Quantity 
offloaded 

Difference between quantity 
declared and quantity 
determined, if any 

31. Catch retained onboard (quantity) 

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Species  Product 

form 

Catch 
area(s) 

Quantity 
declared 

Quantity 
retained 

Difference between quantity 
declared and quantity 
determined, if any 

32.  Examination  of 
other documentation 

logbook(s)  and 

Yes  No 

Comments 

33.  Compliance  with  applicable  catch 
documentation scheme(s) 

Yes  No 

Comments 

34.  Compliance  with  applicable  trade 
information scheme(s) 

Yes  No 

Comments 

35. Type of gear used 

examined 

in 
36.  Gear 
accordance  with  paragraph 
e) of Annex B 

37. Findings by inspector(s) 

Yes  No  Comments 

38.  Apparent  infringement(s)  noted  including  reference  to  relevant  legal 
instrument(s) 

39. Comments by the master 

40. Action taken 

41. Master’s signature 

42. Inspector’s signature 

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ANNEX D 

Information systems on port State measures 

In implementing this Agreement, each Party shall: 

a) 

seek to establish computerized communication in accordance with Article 16; 

establish,  to  the  extent  possible,  websites  to  publicize  the  list  of  ports  designated  in 
b) 
accordance with Article 7 and the actions taken in accordance with the relevant provisions of 
this Agreement; 

identify,  to  the greatest extent possible, each inspection report by a unique reference 

c) 
number starting with 3-alpha code of the port State and identification of the issuing agency; 

utilize, to the extent possible, the international coding system below in Annexes A and 

d) 
C and translate any other coding system into the international system.  

countries/territories: 

ISO-3166 3-alpha Country Code 

species: 

vessel types: 

gear types: 

ASFIS 3-alpha code (known as FAO 3-alpha code)  

ISSCFV code (known as FAO alpha code) 

ISSCFG code (known as FAO alpha code) 

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Guidelines for the training of inspectors 

Elements  of  a  training  programme  for  port  State  inspectors  should  include  at  least  the 
following areas: 

ANNEX E 

1. 

2. 

Ethics; 

Health, safety and security issues; 

Applicable  national  laws  and  regulations,  areas  of  competence  and  conservation  and 

3. 
management measures of relevant RFMOs, and applicable international law; 

4. 

5. 

Collection, evaluation and preservation of evidence; 

General inspection procedures such as report writing and interview techniques; 

6. 
Analysis  of  information,  such  as  logbooks,  electronic  documentation  and  vessel 
history (name, ownership and flag State), required for the validation of information given by 
the master of the vessel; 

Vessel  boarding  and  inspection,  including  hold  inspections  and  calculation  of  vessel 

7. 
hold volumes; 

8. 
Verification  and  validation  of  information  related  to  landings,  transshipments, 
processing and fish remaining onboard, including utilizing conversion factors for the various 
species and products; 

Identification  of  fish  species,  and  the  measurement  of  length  and  other  biological 

9. 
parameters; 

Identification of vessels and gear, and techniques for the inspection and measurement 

10. 
of gear; 

11. 

Equipment and operation of VMS and other electronic tracking systems; and 

12. 

Actions to be taken following an inspection. 

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