CELEX: 51994PC0386
Language: en
Date: 1994-09-16
Title: Proposal for a COUNCIL DECISION on the accession of the Community to the Agreement creating the Indian Ocean Tuna Commission

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          C0M(94) 386 final
                                          Brussels, 16.09.1994
                                          94/0206 (CNS)
                          Proposal for a
                         COUNCIL DECISION
     on the accession of the Community to the Agreement creating
                   the Indian Ocean Tuna Commission
                  (presented by the Commission)
 ---pagebreak---                           EXPLANATORY MEMORANDUM
As a member of the FAO, the Community took part in the work which resulted
in November 1993 in the FAO Council's approval of an Agreement creating the
Indian Ocean Tuna Commission.
The purpose of the Agreement, pursuant to the Law of the Sea, is to
strengthen international cooperation with a view to managing and preserving
stocks of Indian Ocean tuna and related species. A Commission has been
established to this effect with responsibility for stock conservation and
management.
As Community fishermen traditionally engage in the types of fishing
activities covered by the Agreement, the Commission is proposing to the
Council that the Community should accede to the Agreement creating the
Indian Ocean Tuna Commission and deposit the instrument of accession with
the Director-General of the FAO.
It should be pointed out that the Agreement deals with the conservation and
management of species, which is the exclusive responsibility of the
Community in fishing matters, and as such the Community alone should accede
to the Agreement.     However, certain Member States may accede to the
agreement in so far as they are responsible for the external relations of
territories situated in the region, and to which the EC Treaty does not
apply.
                                    >*
 ---pagebreak---                           Draft Council Decision
                                 of
       on the accession of the Community to the Agreement creating
                     the Indian Ocean Tuna Commission
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 43 and the first subparagraph of Article 228(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament1,
Whereas the Community signed the United Nations Convention on the Law of the
Sea which requires all members of the international community to cooperate
in conserving and managing the sea's biological resources;
Whereas, in the case of sea fishing, the Community has responsibility for
adopting measures to conserve and manage fishery resources and to enter into
contractual arrangements in this regard with third countries and
international organizations;
Whereas the Community participated to this end in the international
negotiations which culminated in the approval of an agreement by the Food
ana Agriculture Organization of the United Nations to create the Indian
Ocean Tuna Commission;
Whereas this Agreement constitutes a useful framework for strengthening
international cooperation for the purpose of conserving and making rational
use of Indian Ocean tuna and related species;
Whereas Community fishermen are engaged in fishing for these species in the
Indian Ocean; whereas it is in the Community's interest to accede to the
said Agreement,
HAS DECIDED AS FOLLOWS:
                                 Article 1
The Agreement creating the Indian Ocean Tuna Commission is hereby
approved on behalf of the Community.
The text of the Agreement is annexed to this Decision.
 1 OJ C No
                                       L
 ---pagebreak---                                  Article 2
The President of the Council shall designate the person empowered to deposit
the instrument of accession with the Director-General of the Food and
Agriculture Organization of the United Nations in accordance with
Article XVII(1) of the Agreement.
Done at Brussels,                                          For the Council
                                                           The President
                                         3
 ---pagebreak---                   AGREEMENT FOR THE ESTABLISHMENT OF THE
                          INDIAN OCEAN TUNA COMMISSION
PREAMBLE
The Contracting Parties,
Recognizing the desirability of promoting the peaceful uses of the seas and oceans, and the
equitable and efficient utilization and conservation of their living resources,
Desiring to contribute to the realization of a just and equitable international economic order,
with due regard to the special interests and needs of developing countries,
Desiring to cooperate with a view to ensuring the conservation of tuna and tuna-like species
in the Indian Ocean and promoting their optimum utilization, and the sustainable development
of the fisheries,
Recognizing, in particular, the special interests of developing countries in the Indian Ocean
Region to benefit equitably from the fishery resources,
Considering the United Nations Convention on the Law of the Sea opened for signature on
10 December 1982 and, in particular, Articles 56, 64 and 116 to 119 thereof,
Considering that the conservation of tuna and tuna-like species and the sustainable and
rational utilization of tuna resources in the Indian Ocean would be greatly enhanced by the
establishment of cooperative measures by both the coastal states of the Indian Ocean and
other States whose nationals harvest tuna and tuna-like species in the region,
Bearing in mind the Western Indian Ocean Tuna Organization Convention which was opened
for signature on 19 June 1991,
Considering that the aforementioned objectives could best be achieved through the
establishment of a Commission set up under Article XIV of the Constitution of the Food and
Agriculture Organization of the United Nations,
Have agreed as follows:
                                            Article I
                                      ESTABLISHMENT
          The Contracting Parties hereby agree to establish the Indian Ocean Tuna
Commission (hereinafter referred to as the "Commission") within the framework of the Food
and Agriculture Organization of the United Nations (hereinafter referred to as "FAO").
 ---pagebreak---                                                 2
                                            Article II
                                 AREA OF COMPETENCE
          The area of competence of the Commission (hereinafter referred to as the "Area")
shall be the Indian Ocean (defined for the purpose of this Agreement as being FAO statistical
areas 51 and 57 as shown on the map set out in Annex A to this Agreement) and adjacent
seas, north of the Antarctic Convergence, insofar as it is necessary to cover such seas for the
purpose of conserving and managing stocks that migrate into or out of the Indian Ocean.
                                           Article IH
                                   SPECIES AND STOCKS
          The species covered by this Agreement shall be those set out in Annex B. The term
"stocks" means the populations of such species which are located in the Area or migrate into
or out of the Area.
                                           Article IV
                                        MEMBERSHIP
1.        Membership in the Commission shall be open to Members and Associate Members
of FAO
          (a)   that are:
                (i)     coastal States or Associate Members situated wholly or partly within
                        the Area;
                (ii)    States or Associate Members whose vessels engage in fishing in the
                        Area for stocks covered by this Agreement; or
                (iii)   regional economic integration organizations of which any State referred
                        to in subparagraphs (i), or (ii) above is a member and to which that
                        State has transferred competence over matters within the purview of
                        this Agreement;
                        and
          (b)   that accept this Agreement in accordance with the provisions of paragraph 1
                of Article XVII.
2.        The Commission may, by a two-thirds majority of its Members, admit to
membership any other States that are not Members of FAO, but are Members of the United
Nations, or of any of its Specialized Agencies or of the International Atomic Energy Agency,
provided that such States:
 ---pagebreak---          (a)   are
               (i)     coastal States situated wholly or partly within the Area; or
               (ii)    States whose vessels engage in fishing in the Area for stocks covered
                       by this Agreement; and
         (b)   have submitted an application for membership and a declaration made in a
               formal instrument that they accept this Agreement as in force at the time of
               acceptance in accordance with paragraph 2 of Article XVII,
3.       With a view to furthering the objectives of this Agreement, the Members of the
Commission shall cooperate with each other to encourage any State or regional économie
integration organization which is entitled to become, but is not yet, a Member of the
Commission, to accede to this Agreement.
4.       If any Member of the Commission ceases to meet the criteria set out in paragraphs
1 or 2 above for two consecutive calendar years, the Commission may, after consultation
with the Member concerned, determine that the Member is deemed to have withdrawn from
this Agreement effective as from the date of that determination.
5.       For the purposes of this Agreement, the term "whose vessels" in relation to a
Member Organization means vessels of a Member State of such Member Organization.
6.       Nothing in this Agreement, nor any act or activity carried out in pursuance of this
Agreement, shall be interpreted as changing or in any way affecting the position of any party
to this Agreement with respect to the legal status of any area covered by this Agreement.
                                            Article V
  OBJECTIVES, FUNCTIONS AND RESPONSIBILITIES OF THE COMMISSION
1.       The Commission shall promote cooperation among its Members with a view to
ensuring, through appropriate management, the conservation and optimum utilization of
stocks covered by this Agreement and encouraging sustainable development of fisheries based
on such stocks.
2.       In order to achieve these objectives, the Commission shall have the following
functions and responsibilities, in accordance with the principles expressed in the relevant
provisions of the United Nations Convention on the Law of the Sea:
         (a)   to keep under review the conditions and trends of the stocks and to gather,
               analyse and disseminate scientific information, catch and effort statistics and
               other data relevant to the conservation and management of the stocks and to
               fisheries based on the stocks covered by this Agreement;
         (b)   to encourage, recommend, and coordinate research and development activities
               in respect of the stocks and fisheries covered by this Agreement, and such
               other activities as the Commission may decide appropriate, including activities
                                                     <r
 ---pagebreak---               connected with transfer of technology, training and enhancement, having due
               regard to the need to ensure the equitable participation of Members of the
               Commission in the fisheries and the special interests and needs of Members
               in the region that are developing countries;
         (c)   to adopt, in accordance with Article IX and on the basis of scientific evidence,
               conservation and management measures, to ensure the conservation of the
               stocks covered by this Agreement and to promote the objective of their
               optimum utilization throughout the Area;
         (d)   to keep under review the economic and social aspects of the fisheries based
               on the stocks covered by this Agreement bearing in mind, in particular, the
               interests of developing coastal states;
         (e)   to consider and approve its programme and autonomous budget, as well as the
               accounts for the past budgetary period;
         (f)   to transmit to the Director-General of FAO (hereinafter referred to as the
               "Director-General") reports on its activities, programme, accounts and
               autonomous budget and on such other matters as may be appropriate for action
               by the Council or the Conference of FAO;
         (g)   to adopt its own Rules of Procedure, Financial Regulations and other internal
               administrative regulations as may be necessary to carry out its functions; and
         (h)   to carry out such other activities as may be necessary to fulfil its objectives
               as set out above.
3.       The Commission may adopt decisions and recommendations, as required, with a
view to furthering the objectives of this Agreement.
                                          Article VI
                            SESSIONS OF THE COMMISSION
1.       Each Member of the Commission shall be represented at sessions of the Commission
by a single delegate who may be accompanied by an alternate and by experts and advisers.
Alternates, experts and advisers may take part in the proceedings of the Commission but may
not vote, except in the case of an alternate who is duly authorized to substitute for the
delegate.
2.       Each Member of the Commission shall have one vote. Unless otherwise provided
in this Agreement, decisions and recommendations of the Commission shall be taken by a
majority of the votes cast. A majority of the Members of the Commission shall constimte
a quorum.
3.       The Commission may adopt and amend, as required, its own Rules of Procedure by
a two-thirds majority of its Members, which Rules shall not be inconsistent with this
Agreement or with the Constitution of FAO.
                                                        r
 ---pagebreak--- 4.       The Chairperson of the Commission shall convene an annual regular session of the
Commission.
5.       Special sessions of the Commission may be convened by the Chairperson of the
Commission at the request of at least one-third of its Members.
6.       The Commission shall elect its Chairperson and no more than two
Vice-Chairpersons, each of whom shall serve for a term of two years and shall be eligible
for re-election but shall not serve for more than four years in succession. In electing the
Chairperson and the Vice-Chairpersons the Commission shall pay due regard to the need for
an equitable representation from among the Indian Ocean States.
7.       The Commission may adopt and amend, as required, the Financial Regulations of
the Commission by a two-thirds majority of its Members, which Financial Regulations shall
be consistent with the principles embodied in the Financial Regulations of FAO. Hie
Financial Regulations and amendments thereto shall be reported to the Finance Committee
of FAO which shall have the power to disallow them if it finds that they are inconsistent with
the principles embodied in the Financial Regulations of FAO.
8.       In order to ensure tlose cooperation between the Commission and FAO, FAO shall
have the right to participate without vote in all meetings of the Commission and subsidiary
bodies established in accordance with paragraph 5 of Article XII.
                                         Article VII
                                        OBSERVERS
1.       Any Member or Associate Member of FAO that is not a Member of the Commission
may, upon its request, be invited to be represented by an observer at sessions of the
Commission. It may submit memoranda and participate without vote in the discussions.
2.       States which, while not Members of the Commission nor Members or Associate
Members of FAO, are Members of the United Nations, any of its Specialized Agencies or
the International Atomic Energy Agency may, upon request and subject to the concurrence
of the Commission through its Chairperson and to the provisions relating to the granting of
observer status to nations adopted by the Conference of FAO, be invited to attend sessions
of the Commission as observers.
3.       The Commission may invite intergovernmental or, on request, non-governmental
organizations having special competence in the field of activity of the Commission to attend
such of its meetings as the Commission may specify.
                                         Article VHI
                                    ADMINISTRATION
1.       The Secretary of the Commission (hereinafter referred to as the "Secretary") shall
be appointed by the Director-General with the approval of the Commission, or in the event
                                                    «
 ---pagebreak---  of appointment between regular sessions of the Commission, with the approval of the
 Members of the Commission. The staff of the Commission shall be appointed by the
 Secretary and shall be under the Secretary's direct supervision. The Secretary and staff of
 the Commission shall be appointed under the same terms and conditions as staff members of
 FAO; they shall, for administrative purposes, be responsible to the Director-General.
 2.       The Secretary shall be responsible for implementing the policies and activities of the
 Commission and shall report thereon to the Commission. The Secretary shall also act as
 Secretary to other subsidiary bodies established by the Commission, as required.
 3.       The expenses of the Commission shall be paid out of its autonomous budget except
 those relating to such staff and facilities as can be made available by FAO. The expenses
 to be borne by FAO shall be determined and paid within the limits of the biennial budget
 prepared by the Director-General and approved by the Conference of FAO in accordance
 with the General Rules and the Financial Regulations of FAO.
 4.       Expenses incurred by delegates, their alternates, experts and advisers when
 attending, as government representatives, sessions of the Commission, its sub-commissions
 and its committees, as well as the expenses incurred by observers at sessions, shall be borne
 by the respective governments or organizations. The expenses of experts invited by the
 Commission to attend, in their individual capacity, meetings of the Commission or its sub-
 commissions or committees shall be borne by the budget of the Commission.
                                            Article DC
PROCEDURES CONCERNING CONSERVATION AND MANAGEMENT MEASURES
  1.      Subject to paragraph 2, the Commission may, by a two-thirds majority of its
 Members present and voting, adopt conservation and management measures binding on
 Members of the Commission in accordance with this Article.
 2.        Conservation and management measures for stocks for which a sub-commission has
 been established under paragraph 2 of Article XII, shall be adopted upon the proposal of the
 sub-commission concerned.
 3.        The Secretary shall, without undue delay, notify the Members of the Commission
 of any conservation and management measures adopted by the Commission.
 4.        Subject to paragraphs 5 and 6, conservation and management measures adopted by
 the Commission under paragraph 1, shall become binding on Members 120 days from the
 date specified in the Secretary's notification or on such other date as may be specified by the
 Commission.
 5.        Any Member of the Commission may, within 120 days from the date specified or
  within such other period as may be specified by the Commission under paragraph 4, object
  to a conservation and management measure adopted under paragraph 1. A Member of the
 Commission which has objected to a measure shall not be bound thereby. Any other
 Member of the Commission may similarly object within a further period of 60 days from the
 expiry of the 120-day period. A Member of the Commission may also withdraw its objection
                                                            î
 ---pagebreak--- at any time and become bound by the measure immediately if the measure is already in effect
or at such time as it may come into effect under this article.
6.       If objections to a measure adopted under paragraph 1 are made by more than one-
third of the Members of the Commission, the other Members shall not be bound by that
measure; but this shall not preclude any or all of them from giving effect thereto.
7.       The Secretary shall notify each Member of the Commission immediately upon
receipt of each objection or withdrawal of objection.
8.       The Commission may, by a simple majority of its Members present and voting,
adopt recommendations concerning conservation and management of the stocks for furthering
the objectives of this Agreement.
                                          Article X
                                    IMPLEMENTATION
1.       Each Member of the Commission shall ensure that such action is taken, under its
national legislation, including the imposition of adequate penalties for violations, as may be
necessary to make effective the provisions of this Agreement and to implement conservation
and management measures which become binding on it under paragraph 1 of Article IX.
2.       Each Member of the Commission shall transmit to the Commission an annual
statement of the actions it has taken pursuant to paragraph 1. Such statement shall be sent
to the Secretary of the Commission not later than 60 days before the date of the following
regular session of the Commission.
3.       The Members of the Commission shall cooperate, through the Commission, in the
establishment of an appropriate system to keep under review the implementation of
conservation and management measures adopted under paragraph 1 of Article IX, taking into
account appropriate and effective tools and techniques to monitor the fishing activities and
to gather the scientific information required for the purposes of this Agreement.
4.       The Members of the Commission shall cooperate in the exchange of information
regarding any fishing for stocks covered by this Agreement by nationals of any State or entity
which is not a Member of the Commission.
                                          Article XI
                                      INFORMATION
1.       The Members of the Commission shall, on the request of the Commission, provide
such available and accessible statistical and other data and information as the Commission
may require for the purposes of this Agreement. The Commission shall decide the scope and
form of such statistics and the intervals at which they shall be provided. The Commission
shall also endeavour to obtain fishing statistics from fishing States or entities which are not
Members of the Commission.
                                                    ^/OO
 ---pagebreak---                                                 8
2.        Each Member of the Commission shall provide to the Commission copies of laws,
regulations and administrative instructions in force or, where appropriate, summaries thereof,
relating to the conservation and management of stocks covered by this Agreement and shall
inform the Commission of any amendment or repeal of such laws, regulations and
administrative instructions.
                                          Article Xn
                                   SUBSIDIARY BODIES
1.        The Commission shall establish a permanent Scientific Committee.
2.        The Commission may establish sub-commissions to deal with one or more of the
stocks covered by this Agreement.
3.        Such sub-commissions shall be open to Members of the Commission which are
coastal States lying on the migratory path of the stocks concerned in the sub-commission or
are States whose vessels participate in the fisheries of these stocks.
4.        A sub-commission shall provide a forum for consultation and cooperation on matters
related to the management of the stocks concerned and in particular:
          (a)   to keep under review the stocks concerned and to gather scientific and other
                relevant information relating to the stocks concerned;
          (b)   to assess and analyse the conditions and trends of the stocks concerned;
          (c)   to coordinate research and studies of the stocks concerned;
          (d)   to report to the Commission on its findings;
          (e)   to propose such recommendations for action by the Members of the
                Commission as may be appropriate, including action to obtain necessary
                information relating to the stocks and proposals for conservation and
                management measures;
          (0    to consider any matter referred to it by the Commission.
5.        The Commission may, subject to the provisions of this Article, establish such
committees, working parties or other subsidiary bodies as may be necessary for the purposes
 of this Agreement.
                                                            ^
 ---pagebreak--- 6.        The establishment by the Commission of any sub-commission which requires funding
by the Commission, and of any committee, working party or other subsidiary body shall be
subject to the availability of the necessary funds in the approved autonomous budget of the
Commission or of FAO as the case may be. When the related expenses are to be borne by
FAO, the determination of such availability shall be made by the Director-General. Before
taking any decision involving expenditure in connection with the establishment of subsidiary
bodies, the Commission shall have before it a report from the Secretary or the Director-
General, as appropriate, on the administrative and financial implications.
7.        Subsidiary bodies shall provide to the Commission such information regarding their
activities as the Commission may require.
                                          Article XIH
                                          FINANCES
1.        Each Member of the Commission undertakes to contribute annually its share of the
autonomous budget in accordance with a scale of contributions to be adopted by the
Commission.
2.        At each regular session, the Commission shall adopt its autonomous budget by
consensus of its Members provided, however, that if, after every effort has been made, a
consensus cannot be reached in the course of that session, the matter will be put to a vote
and the budget shall be adopted by a two-thirds majority of its Members.
3.        (a)   The amount of the contribution of each Member of the Commission shall be
                determined in accordance with a scheme which the Commission shall adopt
                and amend by consensus.
          (b)   In adopting the scheme, due consideration shall be given to each Member
                being assessed an equal basic fee and a variable fee based, inter alia, on the
                total catch and landings of species covered by this Agreement in the Area, and
                the per capita income of each Member.
          (e)   The scheme adopted or amended by the Commission shall be set out in the
                Financial Regulations of the Commission.
4.        Any non-Member of FAO that becomes a Member of the Commission shall be
required to make such contribution towards the expenses incurred by FAO with respect to
the activities of the Commission as the Commission may determine.
5.        Contributions shall be payable in freely convertible currencies unless otherwise
determined by the Commission with the concurrence of the Director-General.
6.        The Commission may also accept donations and other forms of assistance from
organizations, individuals and other sources for purposes connected with the fulfilment of any
of its functions.
                                                    ^ 2 -
 ---pagebreak---                                                10
7.        Contributions and donations and other forms of assistance received shall be placed
in a Trust Fund administered by the Director-General in conformity with the Financial
Regulations of FAO.
8.        A Member of the Commission which is in arrears in the payment of its financial
contributions to the Commission shall have no vote in the Commission if the amount of its
arrears equals or exceeds the amount of the contributions due from it for the two preceding
calendar years. The Commission may, nevertheless, permit such a Member to vote if it is
satisfied that the failure to pay was due to conditions beyond the control of the Member.
                                         Article XIV
                                     HEADQUARTERS
          The Commission, after consultation with the Director-General, shall determine the
place of its headquarters.
                                          Article XV
      COOPERATION WITH OTHER ORGANIZATIONS AND INSTITUTIONS
1.        The Commission shall cooperate and make appropriate arrangements therefore with
other intergovernmental organizations and institutions, especially those active in the fisheries
sector, which might contribute to the work and further the objectives of the Commission in
particular with any intergovernmental organization or institution dealing with mna in the
Area. The Commission may enter into agreements with such organizations and institutions.
Such agreements shall seek to promote complementarity and, subject to paragraph 2, to avoid
duplication in and conflict with the activities of the Commission and such organizations.
2.        Nothing in this Agreement shall prejudice the rights and responsibilities of other
intergovernmental organizations or institutions dealing with mna or a species of mna in the
Area or the validity of any measures adopted by such organization or institution.
                                         Article XVI
                                COASTAL STATES' RIGHTS
          This Agreement shall not prejudice the exercise of sovereignrightsof a coastal state
 in accordance with the international law of the sea for the purposes of exploring and
exploiting, conserving and managing the living resources, including the highly migratory
species, within a zone of up to 200 nautical miles under its jurisdiction.
                                                         yi±
 ---pagebreak---                                         Article XVH
                                      ACCEPTANCE
1.       Acceptance of this Agreement by any Member or Associate Member of FAO shall
be effected by the deposit of an instrument of acceptance with the Director-General.
2.       Acceptance of this Agreement by any State referred to in paragraph 2 of Article IV
shall be effected by the deposit of an instrument of acceptance with the Director-General.
Acceptance shall become effective on the date on which the Commission approves the
application for membership.
3.       The Director-General shall inform all Members of the Commission, all Members of
FAO and the Secretary-General of the United Nations of all acceptances that have become
effective.
                                        Article XVHI
                           *      ENTRY INTO FORCE
         This Agreement shall enter into force as from the date of receipt by the Director-
General of the tenth instrument of acceptance. Thereafter, with respect to each Member or
Associate Member of FAO or State referred to in paragraph 2 of Article IV which
subsequently deposits an instrument of acceptance, this Agreement shall enter into force on
the date on which such acceptance takes effect or becomes effective in accordance with
Article XVII above.
                                         Article XIX
                                     RESERVATIONS
         Acceptance of this Agreement may be made subject to reservations in accordance
with the general rules of public international law as reflected in the provisions of Part II,
Section 2 of the Vienna Convention on the Law of Treaties of 1969.
                                         Article XX
                                       AMENDMENT
1.       This Agreement may be amended by a three-quarters majority of the Members of
the Commission.
2.       Proposals for amendments may be made by any Member of the Commission or by
the Director-General. Proposals made by a Member of the Commission shall be addressed
to both the Chairperson of the Commission and the Director-General and those made by the
Director-General shall be addressed to the Chairperson of the Commission, not later than 120
days before the Session of the Commission at which the proposal is to be considered. The
                                                  ^V
 ---pagebreak---                                                12
Director-General shall immediately inform all Members of the Commission of all proposals
for amendments.
3.        Any amendment to this Agreement shall be reported to the Council of FAO which
may disallow an amendment which is clearly inconsistent with the objectives and purposes
of FAO or the provisions of the Constitution of FAO.
4.        Amendments not involving new obligations for Members of the Commission shall
take effect for all Members from the date of their adoption by the Commission, subject to
paragraph 3 above.
5.        Amendments involving new obligations for Members of the Commission shall, after
adoption by the Commission, subject to paragraph 3 above, come into force in respect of
each Member only upon its acceptance thereof. The instruments of acceptance of
amendments involving new obligations shall be deposited with the Director-General. The
Director-General shall inform all Members of the Commission and the Secretary-General of
the United Nations of such acceptance. The rights and obligations of any Member of the
Commission that has not accepted an amendment involving new obligations shall continue
to be governed by the provisions of this Agreement in force prior to the Amendment.
6.        Amendments to the Annexes to this Agreement may be adopted by a two-thirds
majority of the Members of the Commission and shall come into force from the date of.
approval by the Commission.
7.        The Director-General shall inform all Members of the Commission, all Members and
Associate Members of FAO and the Secretary-General of the United Nations of the entry into
force of any amendment.
                                          Article XXI
                                        WITHDRAWAL
 1.       Any Member of the Commission may withdraw from this Agreement at any time
after the expiry of two years from the date upon which the Agreement entered into force with
respect to that Member, by giving written notice of such withdrawal to the Director-General
who shall immediately inform all the Members of the Commission and the Members and
 Associate Members of FAO and the Secretary-General of the United Nations of such
 withdrawal. Withdrawal shall become effective at the end of the calendar year following that
 in which the notice of withdrawal has been received by the Director-General.
 2.       A Member of the Commission may give notice of withdrawal with respect to one
 or more of the territories for the international relations of which it is responsible. When a
 Member gives notice of its own withdrawal from the Commission, it shall state to which
 territory or territories the withdrawal is to apply. In the absence of such a statement, the
 withdrawal shall be deemed to apply to all the territories for the international relations of
 which the Member of the Commission is responsible, with the exception of territories
 belonging to an Associate Member which is a Member of the Commission in its own right.
 3.       Any Member of the Commission that gives notice of withdrawal from FAO shall be
 deemed to have simultaneously withdrawn from the Commission, and this withdrawal shall
                                                              /S
 ---pagebreak--- be deemed to apply to all the territories for the international relations of which the Member
of the Commission is responsible, with the exception of territories belonging to an Associate
Member which is a Member of the Commission in its own right.
4.       Withdrawal may also take place as provided for under paragraph 4 of Article IV.
                                           Article XXII
                                        TERMINATION
         This Agreement shall be automatically terminated if and when, as the result of
withdrawals, the number of Members of the Commission drops below ten, unless the
remaining Members of the Commission unanimously decide otherwise.
                                           Article XXIH
                 INTERPRETATION AND SETTLEMENT OF DISPUTES
         Any dispute regarding the interpretation or application of this Agreement, if not
settled by the Commission, shall be referred for settlement to a conciliation procedure to be
adopted by the Commission. The results of such conciliation procedure, while not binding
in character, shall become the basis for renewed consideration by the parties concerned of
the matter out of which the disagreement arose. If as the result of this procedure the dispute
is not settled, it may be referred to the International Court of Justice in accordance with the
Stamte of the International Court of Justice, unless the parties to the dispute agree to another
method of settlement.
                                           Article XXIV
                                         DEPOSITARY
         The Director-General shall be the Depositary of this Agreement. The Depositary
shall:
          (a)    send certified copies of this Agreement to each Member and Associate
                 Member of FAO and to such non-Member States as may become party to this
                 Agreement;
          (b)    arrange for the registration of this Agreement, upon its entry into force, with
                 the Secretariat of the United Nations in accordance with Article 102 of the
                 Charter of the United Nations;
          (c)    inform each Member and Associate Member of FAO which has accepted this
                 Agreement and any non-Member State which has been admitted to
                 membership in the Commission of:
                                                         yft
 ---pagebreak---                                    14
    (i)     the application of a non-Member State to be admitted to membership
            in the Commission;
    (ii)    proposals for the amendment of this Agreement or of the Annexes
            thereto;
(d) inform each Member and Associate Member of FAO and any non-Member
    States as may become party to this Agreement of:
     (i)    the deposit of instruments of acceptance in accordance with Article
            XVII;
    (ii)    the date of entry into force of this Agreement in accordance- with
            Article XVHI;
    (iii)   reservations made to this Agreement in accordance with Article XIX;
    (iv)    the adoption of amendments to this Agreement in accordance with
            Article XX;
    (v)     withdrawals from this Agreement pursuant to Article XXI; and
    (vi)    termination of this Agreement in accordance with Article XXII.
                                                 "?
 ---pagebreak---                                                     ANNEX A
    FAO Fishing Areas in the Indo-Pacific
30°  40°  50°  60°  70°   80°  90°  IOO°  «10° 120°  130° 140° 150°
                               Slî
 ---pagebreak---            FAO English name            FAO French name          FAO Spanish name             Scientific name
   1.  Yellowfin tuna                         Aibacore                   Rabil             Thunnus albarcares
   2.  Skipjack tuna                           Listao                  Listado            Katsuwonus pelamis
   3.  Bigeye tuna                           Thon obèse                 Patudo               Thunnus obesus
   4.  Aibacore                               Germon                 Anîn bianco            Thunnus alalunga
   5.  Southern bluefin tuna            Thon rouge du sud            Atun del sur           Tliunnus maccoyii
   6.  Longtail tuna                        Thon mignon              Atûn tongol             Thunnus tonggol
   7.  Kav.akawa                        Thonine orientale         Bacbreta oriental         Euthynnus qffinis
   8.  Frigate runa                            Auxide                   Melva                 Auxis thazard
   9.  Bullet tuna                             Bonite            Melva (=Melvera)             Auxis rochei
   10. Narrow-barred Spanish mackerel  Thazard rayé (Indo-      Carite estriado (Indo-       Scomberomorus
                                             Pacifique)               Pacîfico)                commerson
   11. Indo-Pacific king mackerel     Thazard ponctué (Indo-    Carite (Indo-Pacîfico)  Scomberomorus gutuuus
                                             Pacifique)
N)
   12. Indo-Pacific blue marlin        Thazard bleu (Indo-        Aguja azul (Indo-          Makaira mazara
                                             Pacifique)               Pacifico)
   li. Black mariin                         Makaire noir             Aguja negra             Makaira indien
   14, Striped inarlin                      Marlin rayé            • Marlin ray ado         Tetrapturus audax
   15. Indo-Pacific sail fish         Voilier (Indo-Pacifique) Pez vela (Indo-Pacîfico)  Istiophorus platypterus
   16. Sword fish                             Espadon                Pez espada              Xiphias gladius
                                                                                                                 x
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(94) 386 final
                                                        DOCUMENTS
EN                                                                           1103
                                 Catalogue number : CB-CO-94-403-EN-C
                                                              ISBN 92-77-80531-5
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