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AGREEMENT FOR THE ESTABLISHMENT
OF THE REGIONAL COMMISSION FOR FISHERIES
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Preamble
The Government of the State of Bahrain,
The Government of the Islamic Republic
of Iran,
The Government of the Republic of Iraq,
The Government of the State of Kuwait,
The Government of the Sultanate of Oman,
The Government of the State of Qatar,
The Government of the Kingdom of Saudi
Arabia,
The Government of the United Arab Emirates
Taking account of the relevant
provisions of the United Nations Convention on the Law of the Sea which
entered into force on 16 November 1994 (hereafter referred to as the United
Nations Convention) and which requires all members of the international
community to cooperate in the conservation and management of the living
marine resources,
Noting the objectives and
purposes stated in Chapter 17 of Agenda 21 adopted by the United Nations
Conference on Environment and Development in 1992 and the Code of Conduct
for Responsible Fisheries adopted by the FAO Conference in 1995,
Noting also that other international
instruments have been negotiated concerning the conservation and management
of certain fish stocks,
Having a mutual interest
in the development and proper utilization of the living marine resources
in the sea area, with the exception of internal waters, in the region defined
in Article IV, hereinafter referred to as "the Area", and desiring to further
the attainment of their objectives through international cooperation which
would be furthered by the establishment of a Fisheries Commission,
Recognizing the importance
of fisheries conservation and management in the Area and of promoting cooperation
to that effect,
Agree as follows:
Article I The
Commission
1. The Contracting Parties hereby establish
within the framework of the Food and Agriculture Organization of the United
Nations (hereinafter referred to as "the Organization") a Commission to
be known as "The Regional Commission for Fisheries (RECOFI)" (hereinafter
referred to as "RECOFI" or "the Commission"), for the purpose of exercising
the functions and discharging the responsibilities set forth in Article
III below.
2. Membership in RECOFI shall be open to
Members and Associate Members of the Organization and such non-member States
of the Organization as are Members of the United Nations, or any of its
Specialized Agencies or the International Atomic Energy Agency that are
coastal States or Associate Members which territories are situated wholly
or partly within the Area defined in Article IV, that accept this Agreement
in accordance with the provisions of Article XIII.
3. As regards Associate Members, this Agreement
shall, in accordance with the provisions of Article XIV-5 of the FAO Constitution
and Rule XXI-3 of the General Rules of the Organization, be submitted by
the Organization to the authority having responsibility for the international
relations of such Associate Members.
Article II Organization
1. Each Member shall be represented at
sessions of the Commission by one delegate, who may be accompanied by an
alternate and by experts and advisers. Participation in meetings of the
Commission by alternates, experts, and advisers shall not entail the right
to vote, except in the case of an alternate who is acting in the place
of a delegate during his absence.
2. Each Member shall have one vote. Decisions
of the Commission shall be taken by a majority of the votes cast, except
as otherwise provided by this Agreement. A majority of the total membership
of the Commission shall constitute a quorum.
3. The Commission shall elect a Chairperson
and two Vice-Chairpersons.
4. The Chairperson of the Commission shall
normally convene a regular session of the Commission every year unless
otherwise directed by a majority of the Members. The site and date of all
sessions shall be determined by the Commission in consultation with the
Director-General of the Organization.
5. The seat of RECOFI shall be at the seat
of the FAO Regional Office for the Near East in Cairo. However, RECOFI,
after consultation with the Director-General of the Organization, may decide
to choose, at its own expense, another location within the Area.
6. The Organization shall provide the Secretariat
of the Commission and the Director-General shall appoint its Secretary,
who shall be administratively responsible to him.
7. The Commission may, by a two-thirds
majority of its membership, adopt and amend its own Rules of Procedure
provided that such Rules of Procedure or the amendments thereto are not
inconsistent with this Agreement or with the Constitution of the Organization.
8. The Commission may, by a two-thirds
majority of its membership, adopt and amend its own Financial Regulations,
provided that such Regulations shall be consistent with the principles
embodied in the Financial Regulations of the Organization. Such Regulations
shall be reported to the Finance Committee of the Organization which shall
have the power to disallow such Financial Regulations or amendment if it
finds that they are inconsistent with the principles embodied in the Financial
Regulations of the Organization.
Article III Functions
1. The purpose of RECOFI shall be to promote
the development, conservation, rational management and best utilization
of living marine resources, as well as the sustainable development of aquaculture
in the Area, and to these ends it shall have the following functions and
responsibilities:
(a) to keep under review the state of these
resources, including their abundance and the level of their exploitation,
as well as the state of the fisheries based thereon;
(b) to formulate and recommend, in accordance
with the provisions of Article V, appropriate measures:
(i) for the conservation and rational
management of living marine resources, including measures:
- regulating fishing methods and
fishing gear,
- prescribing the minimum size for individuals
of specified species,
- establishing open and closed fishing
seasons and areas,
- regulating the amount of total catch
and of fishing effort and their allocation among Members,
(ii) for the implementation of these recommendations;
(c) to keep under review the economic and
social aspects of the fishing industry and recommend any measures aimed
at its development;
(d) to encourage, recommend, coordinate
and, as appropriate, undertake training and extension activities in all
aspects of fisheries;
(e) to encourage, recommend, coordinate
and, as appropriate, undertake research and development activities, including
cooperative projects in the areas of fisheries and the protection of living
marine resources;
(f) to assemble, publish or disseminate
information regarding exploitable living marine resources and fisheries
based on these resources;
(g) to promote programmes for aquaculture
and fisheries enhancement;
(h) to carry out such other activities
as may be necessary for RECOFI to achieve its purpose as defined above.
2. When formulating and recommending measures
under paragraph 1b) above, the Commission shall apply the precautionary
approach to conservation and management decisions, and take into account
also the best scientific evidence available and the need to promote the
development and proper utilisation of the marine living resources.
Article IV Area
The Commission shall carry out the functions
and responsibilities set forth in Article III in the region bounded in
the south by the following rhumb lines: from Ras Dhabat Ali in (16°
39’N, 53° 3’30"E) then to a position in (16° 00’N, 53° 25’E)
then to a position in (17° 00’N, 56° 30’E) then to a position in
(20° 30’N, 60° 00’E) then to Ras Al-Fasteh in (25° 04’N, 61°
25’E).
Article V Recommendations
on Management Measures
1. The recommendations referred to in Article
III, paragraph 1 b), shall be adopted by a two-thirds majority of Members
of the Commission present and voting. The text of such recommendations
shall be communicated by the Chairperson of the Commission to each Member.
2. Subject to the provisions of this Article,
the Members of the Commission undertake to give effect to any recommendations
made by the Commission under Article III, paragraph 1b), from the date
determined by the Commission, which shall not be before the period for
objection provided for in this Article has elapsed.
3. Any Member of the Commission may within
one hundred and twenty days from the date of notification of a recommendation
object to it and in that event shall not be under obligation to give effect
to that recommendation. A Member may at any time withdraw its objection
and give effect to a recommendation.
4. The Chairperson of the Commission shall
notify each Member immediately upon receipt of each objection or withdrawal
of objection.
Article VI Reports
The Commission shall transmit, after each
session, to the Director-General of the Organization, a report embodying
its views, recommendations and decisions, and make such other reports to
the Director-General of the Organization as it may deem necessary or desirable.
Reports of the committees and working groups of the Commission provided
for in Article VII of the Agreement shall be transmitted to the Director-General
of the Organization through the Commission.
Article VII Committees,
Working Groups and Specialists
1. The Commission may establish temporary,
special or standing committees to study and report on matters pertaining
to the purposes of the Commission and working groups to study and recommend
on specific technical problems.
2. The committees and working groups referred
to in paragraph 1 above shall be convened by the Chairperson of the Commission
at such times and places as are determined by the Chairperson in consultation
with the Director-General of the Organization, as appropriate.
3. The establishment of committees and
working groups referred to in paragraph 1 above and the recruitment or
appointment of specialists shall be subject to the availability of the
necessary funds in the relevant chapter of the approved budget of the Commission.
Before taking any decision involving expenditures in connection with the
establishment of committees and working groups and the recruitment or appointment
of specialists, the Commission shall have before it a report from the Secretary
of the Commission on the administrative and financial implications thereof.
Article VIII
Cooperation with International Organizations
The Commission shall cooperate closely
with other international organizations in matters of mutual interest. On
the proposal of the Secretary of the Commission, observers of these organizations
may be invited by the Commission to attend sessions of the Commission or
meetings of the committees or working groups.
Article IX Finances
1. Each Member of the Commission undertakes
to pay annually its share of the budget for cooperative activities, in
accordance with a scale of contributions to be adopted by the Commission.
2. At each regular session, the Commission
shall adopt its 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) The scheme adopted or amended by the
Commission shall be set out in the Financial Regulations of the Commission.
4. Contributions shall be payable in freely
convertible currencies unless otherwise determined by the Commission with
the concurrence of the Director-General of the Organization.
5. 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.
6. Contributions and donations and other
forms of assistance received shall be placed in a Trust Fund administered
by the Director-General of the Organization in conformity with the Financial
Regulations of the Organization.
7. A Member of the Commission which is
in arrears in the payment of its financial contributions to the Commission
shall have no vote in the Commission if the amount of its arrears equals
or exceeds the amount of the contributions due from it for the two preceding
calendar years. The Commission may, nevertheless, permit such a Member
to vote if it is satisfied that the failure to pay was due to conditions
beyond the control of the Member but in no case shall it extend the right
to vote beyond a further two calendar years.
Article X Expenses
1. Expenses incurred by delegates, their
alternates, experts and advisers when attending, as government representatives,
sessions of the Commission, its committees and working groups, 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, its committees or working groups shall be borne by the
budget of the Commission.
2. The expenses for publications and communications
and the expenses incurred by the Chairperson and Vice-Chairpersons of the
Commission, when performing duties on behalf of the Commission between
Commission sessions, shall be determined and paid from the budget of the
Commission.
3. The expenses of research and development
projects undertaken by individual Members of the Commission, whether independently
or upon recommendation of the Commission, shall be determined and paid
by the Members concerned.
4. The expenses incurred in connection
with cooperative research or development projects undertaken in accordance
with the provisions of Article III, paragraph 1 e), unless otherwise available
shall be determined and paid by the Members in the form and proportion
to which they shall mutually agree. Contributions for cooperative projects
shall be paid into a Trust Fund to be established by the Organization and
shall be administered by the Organization in accordance with the Financial
Regulations and Rules of the Organization.
5. The Commission may accept voluntary
contributions generally or in connection with specific projects or activities
of the Commission. Such contributions shall be paid into a Trust Fund to
be established by the Organization. The acceptance of such voluntary contributions
and the administration of the Trust Fund shall be in accordance with the
Financial Regulations and Rules of the Organization.
Article XI Administration
1. The Secretary of the Commission (hereinafter
referred to as "the Secretary") shall be appointed by the Director-General
of the Organization.
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 budget except those relating to such staff and facilities
as can be made available by the Organization. The expenses to be borne
by the Organization shall be determined and paid within the limits of the
biennial budget prepared by the Director-General and approved by the Conference
of the Organization in accordance with the General Rules and the Financial
Regulations of the Organization.
Article XII Amendments
The Commission may amend this Agreement
by a two-thirds majority of its Members. Amendments to this Agreement shall
be reported to the Council of the Organization, which shall have the power
to disallow them if it finds that such amendments are inconsistent with
the objectives and purposes of the Organization or the provisions of the
Constitution of the Organization. If the Council considers it desirable,
it may refer these amendments to the Conference of the Organization, which
shall have the same power. However, any amendment involving new obligations
for Members shall come into force with respect to each Member only on formal
acceptance of it by that Member, through an instrument of acceptance deposited
with the Director-General of the Organization, after two-thirds of the
contracting Parties have accepted the amendment concerned. The Director-General
shall inform all the Members of the Commission, all Members and Associate
Members of FAO, as well as the Secretary-General of the United Nations,
of the receipt of instruments of acceptance and of the entry into force
of such amendments. The rights and obligations of any Member of the Commission
that has not accepted an amendment involving additional obligations shall
continue to be governed by the provisions of this Agreement as they stood
prior to the amendment.
Article XIII
Acceptance
1. In accordance with Article I.2, this
Agreement shall be open to acceptance by Members and Associate Members
of the Organization as well as by non-member States of the Organization
that are coastal States or Associate Members whose territories are situated
wholly or partly within the Area defined in Article IV.
2. Acceptance of this Agreement by any
Member or Associate Member of the Organization that is a coastal State
or Associate member whose territories are situated wholly or partly within
the Area defined in Article IV, shall be effected by the deposit of an
instrument of acceptance with the Director-General of the Organization,
the depositary of this Agreement, and shall take effect on receipt of such
instrument by the Director-General.
3. The Director-General of the Organization
shall immediately inform all Members of the Commission, all Members and
Associate Members of the Organization and the Secretary-General of the
United Nations of all acceptances that have become effective.
4. 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 XIV Entry
into force
This Agreement shall enter into force as
from the date of receipt by the Director-General of the third instrument
of acceptance.
Article XV Withdrawal
1. Any Member may withdraw from this Agreement
at any time after the expiration of two years from the date upon which
the Agreement entered into force with respect to that Member, by giving
written notice of such withdrawal to the Director-General of the Organization
who shall immediately inform all the Members of the Commission and the
Members of the Organization of such withdrawal. Notice of withdrawal shall
become effective three months from the date of its receipt by the Director-General
of the Organization.
2. Any Member of the Commission that gives
notice of withdrawal from the Organization shall be deemed to have simultaneously
withdrawn from the Commission.
Article XVI Interpretation
and Settlement of Disputes
Any dispute regarding the interpretation
or application of this Agreement, if not settled by the Commission, shall
be referred to a committee composed of one member appointed by each of
the parties to the dispute, and in addition an independent chairperson
chosen by the members of the committee. The recommendations of such a committee,
while not binding in character, shall become the basis for renewed consideration
by the parties concerned of the matter out of which the disagreement arose.
If, as the result of this procedure, the dispute is not settled, it shall
be referred to the International Court of Justice in accordance with the
Statute of the Court, unless the parties to the dispute agree to another
method of settlement.
Article XVII
Termination
This Agreement shall be automatically terminated
if and when, as the result of withdrawals, the number of Members of the
Commission drops below three.
Article XVIII
Certification and Registration
Two copies in the Arabic, English, French
and Spanish languages of this Agreement and of any amendments to this Agreement
shall be certified by the Chairman of the Commission and by the Director-General
of the Organization. One of these copies shall be deposited in the archives
of the Organization. The other copy shall be transmitted to the Secretary-General
of the United Nations for registration. In addition, the Director-General
shall certify copies of this Agreement and transmit one copy to each Member
and Associate Member of the Organization.
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