Proposition de DÉCISION DU CONSEIL concernant l'approbation de l’accord relatif aux mesures du ressort de l’État du port visant à prévenir, contrecarrer et éliminer la pêche illicite, non déclarée et non réglementée
Date: 2011-01-10
Institutions: European Commission
Subjects: authorised catch, common fisheries policy, conservation of fish stocks, fishery management, fishing controls, fishing regulations, fishing vessel, fraud

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EUROPEAN COMMISSION 

Brussels, 10.1.2011 
COM(2010) 792 final 

2010/0389 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the approval of the Agreement on Port State Measures to Prevent, Deter and 
Eliminate Illegal, Unreported and Unregulated Fishing. 

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EXPLANATORY MEMORANDUM 

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.  That  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 (RFMOs) 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 RFMOs aiming to deny port access to vessels 
listed by the organisation as having engaged or supported IUU fishing activities. 

The  EU  is  a  member  of  the  FAO  as  well  as  of  13  RFMOs.  Port  State  mechanisms  adopted 
within  RFMOs  have  been  implemented  into  EU  law,  which  also  provides  for  general  rules 
applying to the landing of fisheries products by third country vessels in Community ports by 
way  of  Council  Regulation  (EC)  No  1005/2008  of  29  September  2008  establishing  a 
Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, 
amending  Regulations  (EEC)  No  2847/93,  (EC)  No  1936/2001  and  (EC)  No  601/2004  and 
repealing Regulations (EC) No 1093/94 and (EC) No 1447/19991. 

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  Illegal, 
Unreported and Unregulated Fishing (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. At the 36th Conference 
of FAO in Rome from 18-23 November 2009, the final Agreement was adopted and opened 
for  signature.  The  Agreement  was  signed  in  Rome  on  22  November  2009  on  behalf  of  the 
European Community in accordance with Council Decision of 20 November 20092, subject to 
its conclusion at a later date. 

The  fight  against  IUU  fishing  constitutes  an  essential  component  of  the  Common  Fisheries 
Policy  and  the  EU  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 EU has participated in this process from the start and has played an active 
and constructive role in the drafting of the Agreement. 

The proposal intends to approve the Agreement on behalf of the European Union. 

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OJ L 286, 29.10.2008, p. 1 
Note  from  the  General  Secretariat  of  the  Council  of  the  European  Union  of  20  November  2009 
(16430/09)  

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The Council is requested to adopt this proposal as soon as possible following the consent of 
the European Parliament. 

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2010/0389 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the approval of the Agreement on Port State Measures to Prevent, Deter and 
Eliminate Illegal, Unreported and Unregulated Fishing. 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43, in conjunction with Article 218(6)(a), thereof 

Having regard to the proposal from the Commission3, 

Having regard to the consent of the European Parliament4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  European  Union  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 Union is a Contracting Party to the United Nations Convention on the 
Law  of  the  Sea  of  10  December  1982,  which  inter  alia  requires  all  members  of  the 
international  community  to  cooperate  in  managing  and  conserving  the  biological 
resources of the sea. 

The  European  Union  is  a  contracting  party  to  the  1995  Agreement  on  the 
implementation of the provisions of the United Nations Convention of the Law of the 
Sea,  relating  to  the  Conservation  and  Management  of  Straddling  Fish  Stocks  and 
Highly Migratory Fish Stocks, which entered into force on 11 December 2001. 

The Thirty Sixth session of the Food and Agriculture Organisation (FAO) Conference, 
held  in  Rome  between  18-23  November  2009  adopted  the  Agreement  on  Port  State 
Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing 
(the Agreement) under Article XIV of the FAO Constitution.  

The  Agreement  was  signed  on  22  November  2009  on  behalf  of  the  European 
Community in accordance with Council Decision of 20 November 20095, subject to its 
conclusion at a later date. 

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OJ C , , p. . 
OJ C , , p. . 

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(6) 

The European Union is a major player in international fisheries and one of the main 
global markets for fishery products and it is in its interest to play an effective role in 
the implementation of the Agreement and its approval by all parties. 

(7) 

The Agreement should therefore be approved. 

HAS ADOPTED THIS DECISION:  

Article 1 

The  Agreement  on  Port  State  Measures  to  Prevent,  Deter  and  Eliminate  Illegal,  Unreported 
and Unregulated Fishing (the Agreement) as set out in Annex I is hereby approved. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the  European  Union,  to  deposit  the  instrument  of  approval  with  the  Director-General  of  the 
Food and Agriculture Organisation of the United Nations acting in his capacity as Depositary 
of  the  Agreement  in  accordance  with  Article  26  of  the  Agreement,  together  with  the 
declaration of competences set out in Annex II. 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

Article 3 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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Note  from  the  General  Secretariat  of  the  Council  of  the  European  Union  of  20  November  2009 
(16430/09) 

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ANNEX I 

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, 

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 

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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) 

(d) 

(e) 

(f) 

(g) 

(h) 

“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; 

“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;  

“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 
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, packaging, processing, refueling or resupplying;  

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

its  member  States  have 

to  which 

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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 

(j) 

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

b) 

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  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. 

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.  

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, consistent with international law. 

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. 

2. 

3. 

4. 

5. 

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Article 4 
Relationship with international law and other international instruments 

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. 

3. 

4. 

5. 

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.  

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. 

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.  

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. 

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1. 

2. 

3. 

1. 

2. 

1. 

2. 

1. 

Article 6 
Cooperation and exchange of information 

In  order  to  promote  the  effective  implementation  of  this  Agreement  and  with  due 
regard  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. 

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 
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 
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 
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 

Enach  Party  shall  require,  as  a  minimum  standard,  the  information  requested  in 
Annex A 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  provided  sufficiently  in  advance  to  allow  adequate  time  for  the  port  State  to 
examine such information. 

Article 9 
Port entry, authorization or denial 

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 

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2. 

3. 

4. 

5. 

6. 

vessel  into  its  port  and  shall  communicate  this  decision  to  the  vessel  or  to  its 
representative. 

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. 

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

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. 

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. 

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. 

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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) 

c) 

d) 

e) 

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; 

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: 

i) 

ii) 

that it was acting in a manner consistent with relevant conservation and 
management measures; or 

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. 

2. 

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

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3. 

4. 

5. 

1. 

2. 

3. 

1. 

2. 

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. 

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. 

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

Parties shall seek to agree on the minimum levels for inspection of vessels through, 
as appropriate, regional fisheries management organizations, FAO or otherwise. 

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

a) 

b) 

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 

c) 

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 a minimum standard. 

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

a) 

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

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b) 

c) 

d) 

e) 

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;  

f)  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; 

g)  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;  

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. 

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(b) 

relevant regional fisheries management organizations; and 

(c)  FAO and other relevant international organizations.  

Article 16 
Electronic exchange of information 

1. 

2. 

3. 

4. 

5. 

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. 

To  the  extent  possible  and  with  due  regard  to  appropriate  confidentiality 
information-sharing 
requirements,  Parties  should  cooperate 
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. 

to  establish  an 

Each  Party  shall  designate  an  authority  that  shall  act  as  a  contact  point  for  the 
exchange 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 
established under paragraph 1 of this Article consistent with Annex D. 

FAO  shall  request  relevant  regional  fisheries  management  organizations  to  provide 
information  concerning 
they  have  adopted  and 
the  measures  or  decisions 
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) 

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

fisheries  management  organizations  and  other 

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b) 

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. 

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. 

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 

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 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. 

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 
State in inspections carried out pursuant to this Agreement. 

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  process  fish,  and  use  other  port  services,  in  ports  of  States  that  are  acting  in 

2. 

3. 

1. 

2. 

1. 

2. 

3. 

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to  develop, 

accordance  with,  or  in  a  manner  consistent  with  this  Agreement.  Parties  are 
fisheries  management 
encouraged 
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. 

including 

regional 

through 

4. 

5. 

6. 

1. 

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. 

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. 

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 

Article 21 
Requirements of developing States 

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 

technical 

facilitate 
and 
implementation of port State measures by them, in coordination with relevant 
international mechanisms. 

the  development 

strengthen 

assistance 

to 

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2. 

3. 

4. 

6. 

7. 

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 
developing States Parties concerning the implementation of this Agreement. 

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

a) 

b) 

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; 

c)  monitoring,  control,  surveillance  and  compliance  activities  relevant  to  port 

State measures, including access to technology and equipment; and 

d) 

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. 

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. 

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) 

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

b) 

the availability and timely disbursement of funds; 

c) 

d) 

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

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. 

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1. 

2. 

3. 

1. 

2. 

PART 7 

DISPUTE SETTLEMENT 

Article 22 
Peaceful settlement of disputes 

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. 

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

Any dispute of this character not so resolved shall, with the consent of all Parties 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 

Parties  shall  encourage  non-Parties  to  this  Agreement  to  become  Parties  thereto 
and/or  to  adopt  laws  and  regulations  and  implement  measures  consistent  with  its 
provisions. 

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. 

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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  FAO  from  the  Twenty-second  day  of 
November  2009  until  the  Twenty-first  day  of  November  2010,  by  all  States  and  regional 
economic integration organizations. 

1. 

2. 

1. 

2. 

1. 

Article 26 
Ratification, acceptance or approval 

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

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

Article 27 
Accession 

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. 

Instruments of accession shall be deposited with the Depositary. 

Article 28 
Participation by Regional Economic Integration Organizations 

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)  Article 2, first sentence; and 

b)  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 

EN 

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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; 

ii) 

that,  for  this  reason,  its  member  States  shall  not  become  States  Parties,
  except  in  respect  of  their  territories  for  which  the  organization  has  no
  responsibility; and 

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. 

2. 

3. 

4. 

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. 

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. 

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. 

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. 

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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. 

1. 

2. 

1. 

2. 

3. 

4. 

Article 32 
Provisional application 

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 
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. 

Article 33 
Amendments 

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. 

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

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. 

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5. 

1. 

2. 

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. 

Article 34  
Annexes 

The  Annexes  form  an  integral  part  of  this  Agreement  and  a  reference  to  this 
Agreement shall constitute a reference to the Annexes. 

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. 

Article 35 
Withdrawal 

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. 

Article 36 
The Depositary 

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

(a) 

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

(b) 

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: 

i) 

ii) 

signatures  and  instruments  of  ratification,  acceptance,  approval  and
  accession deposited under Articles 25, 26 and 27;  

the  date  of  entry  into  force  of  this  Agreement  in  accordance  with 
Article 29; 

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(iii)  proposals for amendment to this Agreement and their adoption and entry 

into force in accordance with Article 33; 

iv) 

proposals  for  amendment  to  the  Annexes  and  their  adoption  and  entry 
into force in accordance with Article 34; and 

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

Article 37 
Authentic texts 

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 in Rome, on this Twenty-second day of November, 2009. 

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ANNEX A 

INFORMATION TO BE PROVIDED IN ADVANCE BY VESSELS REQUESTING 
PORT ENTRY 

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 

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20. Relevant transshipment authorization(s) 

Identifier  

Identifier  

Issued by  

Issued by  

Validity 

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) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

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; 

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

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; 

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 
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;  

determine,  to  the  extent  possible,  whether  the  fish  on  board  was  harvested  in 
accordance with the applicable authorizations; 

examine  the  fish,  including  by  sampling,  to  determine  its  quantity  and 
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; 

evaluate whether there is clear evidence for believing that a vessel has engaged 
in IUU fishing or fishing related activities in support of such fishing;  

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 

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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  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, 
documentation. 

for 

translation  of 

relevant 

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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 

23. Fishing master name and nationality 

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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 

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31. Catch retained onboard (quantity) 

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 

36.  Gear 
in 
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) 

b) 

c) 

d) 

seek to establish computerized communication in accordance with Article 16; 

establish,  to  the  extent  possible,  websites  to  publicize  the  list  of  ports 
designated  in  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 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 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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ANNEX E 

GUIDELINES FOR THE TRAINING OF INSPECTORS 

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

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

Ethics; 

Health, safety and security issues; 

Applicable national laws and regulations, areas of competence and conservation and 
management measures of relevant RFMOs, and applicable international law; 

Collection, evaluation and preservation of evidence; 

General inspection procedures such as report writing and interview techniques; 

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 
hold volumes; 

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 
parameters; 

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

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

Actions to be taken following an inspection. 

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ANNEX II 

DECLARATION CONCERNING THE COMPETENCE OF THE EUROPEAN 
UNION WITH REGARD TO MATTERS GOVERNED BY THE AGREEMENT ON 
PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, 
UNREPORTED AND UNREGULATED FISHING 

(Declaration made pursuant to point (a) of Article 28(2) of the Agreement) 

1. 

8. 

9. 

Point (a) of Article 28(2) of the Agreement stipulates that in cases where a regional 
economic integration organisation has competence over all the matters governed by 
this Agreement, at the time of signature or accession, such organisation shall make a 
declaration to this effect.  

Pursuant to point (h) of Article 1 of the Agreement a "regional economic integration 
organisation"  means  a  regional  economic  integration  organisation  to  which  its 
member States have transferred competence over matters covered by the Agreement, 
including the authority to make decisions binding on its member States in respect of 
those matters. 

The  European  Union  is  considered  a  regional  economic  integration  organisation  in 
accordance with the above quoted Articles.  

10. 

Consequently, the European Union hereby declares that: 

(i) 

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

(ii) 

for this reason, its Member States shall not become State Parties, except 
in respect of their territories for which it has no responsibility. 

The current Member States of the European Union are: the Kingdom of Belgium, the 
Republic  of  Bulgaria,  the  Czech  Republic,  the  Kingdom  of  Denmark,  the  Federal 
Republic  of  Germany,  the  Republic  of  Estonia,  Ireland,  the  Hellenic  Republic,  the 
Kingdom  of  Spain,  the  French  Republic,  the  Italian  Republic,  the  Republic  of 
Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Grand  Duchy  of 
Luxembourg, the Republic of Hungary, Malta, the Kingdom of the Netherlands, the 
Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the 
Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of 
Sweden and the United Kingdom of Great Britain and Northern Ireland; 

(iii) 

the European Union accepts the rights and obligations of States under the 
Agreement.  

11. 

The  European  Union  states  that,  in  the  event  of  the  occurrence  of  a  conflict  as 
referred  to  in  Article  28(2)(c)  of  the  Agreement,  it  will  apply  the  obligations 
stemming  from  that  provision  in  accordance  with  the  Treaty  establishing  the 
European Community as interpreted by the European Court of Justice.  

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