Amendments To The Agreement For The Establishment Of The Asia-Pacific Fishery Commission

Filename: 1996-Amendment-1948-IndoPacificFisheries.EN.txt

 Amendments To The Agreement For The Establishment Of The Asia-Pacific Fishery Commission

Source: http://www.apfic.org/Archive/sessions/1996.pdf, pages 11-13, downloaded 20070701

69. The Commission considered the amendments recommended by the Executive Committee at its Sixty-sixth Session. After deliberation, it adopted the following amendments to the Agreement (Appendix E):

(a) Article II.7: Replace all the words from "which shall be ..." to the end of the paragraph by the words: "provided that such Rules of Procedure or the amendments thereto are not inconsistent with this Agreement or with the Constitution of the Organization.";

(b) Article III.4: Delete the word "and" after the first sentence;

(c) Article IV: Add a new sub-paragraph (d) as follows: "(d) to promote programmes for mariculture and coastal fisheries enhancement;" and re-designate former sub-paragraphs (d) to (g) as sub-paragraphs (e) to (h);

(d) Article VIII.4: In the third and fourth lines, re-designate references (d) and (e) to (e) and (f);

(e) Article IX: Add a full stop after the word "Commission" in the third line and

Delete all words from "any amendment becoming effective ..." to "...Organization, as appropriate." in line 10.

Replace the foregoing by the words: "Amendments to this Agreement shall be reported to the Council of the Organization which may disallow an amendment which is inconsistent with the objectives and purposes of the Organization or the provisions of the Constitution of the Organization. If the Council of the Organization considers it desirable, it may refer the amendment to the Conference of the Organization which shall have the same power."; and

(f) Article XVI: Delete all words from ''after approval ..." to " ... as appropriate" in the sixth and seventh lines, and from "by the Chairman ..." to "... Organization and" in the seventh to ninth lines.

70. The Commission also adopted the following amendments to its Rules of Procedure:

Rule I: In the paragraph entitled "Agreement", second line, and the paragraph entitled "Commission", first line, replace the word "Indo" by the word "Asia";

Rule III.1(j): Replace the word "Indo", second line, by the word "Asia";

Rule VIII: Add the following new paragraph 7: "7. If the quorum of a two-thirds majority of all the Members of the Commission is not present at the time of the vote on a proposed amendment to the Agreement, as provided for in Article IX of the Agreement, the Commission may decide that absent Members be informed thereof and requested to vote by a written communication addressed to the Director-General of FA0 within ninety days of the closing of the Session at which the proposal was put to vote, provided, however, that the vote must be either affirmative or negative and will not be valid if it were conditional. Such amendments will be considered as adopted only when the required majority has been obtained."

Renumber former paragraph 7 as paragraph 8;

Rule IX.4: In the fourth and ninth lines, a the word "Indo" by the word "Asia";

Rule XI: In paragraph 3, eighth to tenth lines, delete the words "All such relations ... Organization.";

In paragraph 5, second line, "and", a the word "and (f)" after (e); in the fifth and sixth lines, delete the words "All such ... Organization."; and

Rule XVI: Delete all words after the word "English." in the second line.