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Pre.3 |
Recognizing that all States have the right for their nationals to engage in fishing on the high seas, subject to the relevant rules of international law, as reflected in the United Nations Convention on the Law of the Sea, |
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Pre.4 |
Further recognizing that, under international law as reflected in the United Nations Convention on the Law of the Sea, all States have the duty to take, or to cooperate with other States in taking, such measures for their respective nationals as may be necessary for the conservation of the living resources of the high seas, |
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Pre.6 |
Recalling that Agenda 21, adopted by the United Nations Conference on Environment and Development, calls upon States to take effective action, consistent with international law, to deter reflagging of vessels by their nationals as a means of avoiding compliance with applicable conservation and management rules for fishing activities on the high seas, |
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Pre.7 |
Further recalling that the Declaration of Cancun, adopted by the International Conference on Responsible Fishing, also calls on States to take action in this respect, |
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Pre.8 |
Bearing in mind that under Agenda 21, States commit themselves to the conservation and sustainable use of marine living resources on the high seas, |
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Pre.13 |
Noting that this Agreement will form an integral part of the International Code of Conduct for Responsible Fishing called for in the Declaration of Cancun, |
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Pre.14 |
Desiring to conclude an international agreement within the framework of the Food and Agriculture Organization of the United Nations, hereinafter referred to as FAO, under Article XIV of the FAO Constitution, |
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Art.3.6 |
6. Each Party shall ensure that all fishing vessels entitled to fly its flag that it has entered in the record maintained under Article IV are marked in such a way that they can be readily identified in accordance with generally accepted standards, such as the FAO Standard Specifications for the Marking and Identification of Fishing Vessels. |
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Art.6.1 |
1. Each Party shall make readily available to FAO the following information with respect to each fishing vessel entered in the record required to be maintained under Article IV: |
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Art.6.2 |
2. Each Party shall, to the extent practicable, make available to FAO the following additional information with respect to each fishing vessel entered in the record required to be maintained under Article IV: |
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Art.6.3 |
3. Each Party shall promptly notify to FAO any modifications to the information listed in paragraphs 1 and 2 of this Article. |
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Art.6.4 |
4. FAO shall circulate periodically the information provided under paragraphs 1, 2, and 3 of this Article to all Parties, and, on request, individually to any Party. FAO shall also, subject to any restrictions imposed by the Party concerned regarding the distribution of information, provide such information on request individually to any global, regional or subregional fisheries organization. |
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Art.6.5 |
5. Each Party shall also promptly inform FAO of - |
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Art.6.6 |
6. Where information is given to FAO under paragraph 5(b) above, the Party concerned shall specify which of the reasons listed in that paragraph is applicable. |
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Art.6.7 |
7. Each Party shall inform FAO of |
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Art.6.8.a |
8. (a) Each Party shall report promptly to FAO all relevant information regarding any activities of fishing vessels flying its flag that undermine the effectiveness of international conservation and management measures, including the identity of the fishing vessel or vessels involved and measures imposed by the Party in respect of such activities. Reports on measures imposed by a Party may be subject to such limitations as may be required by national legislation with respect to confidentiality, including, in particular, confidentiality regarding measures that are not yet final. |
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Art.6.8.b |
(b) Each Party, where it has reasonable grounds to believe that a fishing vessel not entitled to fly its flag has engaged in any activity that undermines the effectiveness of international conservation and management measures, shall draw this to the attention of the flag State concerned and may, as appropriate, draw it to the attention of FAO. It shall provide the flag State with full supporting evidence and may provide FAO with a summary of such evidence. FAO shall not circulate such information until such time as the flag State has had an opportunity to comment on the allegation and evidence submitted, or to object as the case may be. |
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Art.6.9 |
9. Each Party shall inform FAO of any cases where the Party, pursuant to paragraph 5(d) of Article III, has granted an authorization notwithstanding the provisions of paragraph 5(a) or 5(b) of Article III. The information shall include pertinent data permitting the identification of the fishing vessel and the owner or operator and, as appropriate, any other information relevant to the Party's decision. |
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Art.6.10 |
10. FAO shall circulate promptly the information provided under paragraphs 5, 6, 7, 8 and 9 of this Article to all Parties, and, on request, individually to any Party. FAO shall also, subject to any restrictions imposed by the Party concerned regarding the distribution of information, provide such information promptly on request individually to any global, regional or subregional fisheries organization. |
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Art.6.11 |
11. The Parties shall exchange information relating to the implementation of this Agreement, including through FAO and other appropriate global, regional and subregional fisheries organizations. |
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Art.7.1x |
The Parties shall cooperate, at a global, regional, subregional or bilateral level, and, as appropriate, with the support of FAO and other international or regional organizations, to provide assistance, including technical assistance, to Parties that are developing countries in order to assist them in fulfilling their obligations under this Agreement. |
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Art.8.3 |
3. The Parties shall exchange information amongst themselves, either directly or through FAO, with respect to activities of fishing vessels flying the flags of nonParties that undermine the effectiveness of international conservation and management measures. |
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Art.9.3 |
3. Any dispute of this character not so resolved shall, with the consent of all Parties to the dispute, be referred for settlement to the International Court of Justice, to the International Tribunal for the Law of the Sea upon entry into force of the 1982 United Nations Convention on 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. |
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Art.10.1 |
1. This Agreement shall be open to acceptance by any Member or Associate Member of FAO, and to any nonmember State that is a Member of the United Nations, or of any of the specialized agencies of the United Nations or of the International Atomic Energy Agency. |
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Art.10.2 |
2. Acceptance of this Agreement shall be affected by the deposit of an instrument of acceptance with the Director General of FAO, hereinafter referred to as the Director-General. |
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Art.10.3 |
3. The Director General shall inform all Parties, all Members and Associate Members of FAO and the Secretary-General of the United Nations of all instruments of acceptance received. |
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Art.10.4 |
4. When a regional economic integration organization becomes a Party to this Agreement, such regional economic integration organization shall, in accordance with the provisions of Article II.7 of the FAO Constitution, as appropriate, notify such modifications or clarifications to its declaration of competence submitted under Article II.5 of the FAO Constitution as may be necessary in light of its acceptance of this Agreement. Any Party to this Agreement may, at any time, request a regional economic integration organization that is a Party to this Agreement to provide information as to which, as between the regional economic integration organization and its Member States, is responsible for the implementation of any particular matter covered by this Agreement. The regional economic integration organization shall provide this information within a reasonable time. |
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Art.11.1 |
1. This Agreement shall enter into force as from the date of receipt by the Director-General of the twenty-fifth instrument of acceptance. |
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Art.12.1x |
Acceptance of this Agreement may be made subject to reservations which shall become effective only upon unanimous acceptance by all Parties to this Agreement. The Director General shall notify forthwith all Parties of any reservation. Parties not having replied within three months from the date of the notification shall be deemed to have accepted the reservation. Failing such acceptance, the State or regional economic integration organization making the reservation shall not become a Party to this Agreement. |
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Art.13.1 |
1. Any proposal by a Party for the amendment of this Agreement shall be communicated to the Director General. |
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Art.13.2 |
2. Any proposed amendment of this Agreement received by the Director General from a Party shall be presented to a regular or special session of the Conference for approval and, if the amendment involves important technical changes or imposes additional obligations on the Parties, it shall be considered by an advisory committee of specialists convened by FAO prior to the Conference. |
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Art.13.3 |
3. Notice of any proposed amendment of this Agreement shall be transmitted to the Parties by the Director General not later than the time when the agenda of the session of the Conference at which the matter is to be considered is dispatched. |
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Art.13.4 |
4. Any such proposed amendment of this Agreement shall require the approval of the Conference and shall come into force as from the thirtieth day after acceptance by two thirds of the Parties. Amendments involving new obligations for Parties, however, shall come into force in respect of each Party only on acceptance by it and as from the thirtieth day after such acceptance. Any amendment shall be deemed to involve new obligations for Parties unless the Conference in approving the amendment, decides otherwise by consensus. |
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Art.13.5 |
5. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director General, who shall inform all Parties of the receipt of acceptance and the entry into force of amendments. |
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Art.14.1x |
Any Party 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 Party, by giving written notice of such withdrawal to the Director General who shall immediately inform all the Parties and the Members and Associate Members of FAO 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. |
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Art.15.1x |
The Director General shall be the Depositary of this Agreement. The Depositary shall: |
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Art.15.1x.a |
(a) send certified copies of this Agreement to each Member and Associate Member of FAO and to such nonmember States as may become Party to this Agreement; |
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Art.15.1x.b |
(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; |
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Art.15.1x.c |
(c) inform each Member and Associate Member of FAO and any nonmember States as may become Party to this Agreement of: |
