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APPENDIX G

AMENDMENTS TO THE AGREEMENT ESTABLISHING THE GENERAL
FISHERIES COUNCIL FOR THE MEDITERRANEAN

Present Text

Amendments
 (as adopted by the GFCM on 1 July 1976)

PREAMBLE

PREAMBLE

The Contracting Governments having a mutual interest in the development and proper utilization of the resources of the Mediterranean and contiguous waters, and desiring to further the attainment of their objectives through international cooperation which would be furthered by the establishment of a General Fisheries Council for the Mediterranean, agree as follows:Line 3. Between first "the" and
"resources", insert "living marine"
Line 4. Delete "contiguous waters" and
replace with "the Black Sea and connecting
waters,"
ARTICLE IARTICLE I
The CouncilThe Council
1. The Contracting Governments hereby establish within the framework of the Food and Agriculture Organization of the United Nations (hereinafter referred to as "the Organization") a Council to be known as the General Fisheries Council for the Mediterranean, (hereinafter referred to as "the Council"), for the purpose of exercising
the functions and discharging the responsibilities set forth in Article IV below.
1. Line 10. Replace "IV" by "III"
2. The Members of the Council shall be such Member Nations and Associate Members of
the Organization and such non-member Nations
of the Organization that are members of the United Nations, which accept this Agreement
in accordance with the provisions of
Article IX below, it being understood that
these provisions shall not affect the member-
ship status in the Council of such natio'ns
that are not members of the United Nations
as may have become parties to this Agreement prior to 22 May 1963. (Rest of the text
without change).
2. Lines 3-5. Delete "Nations of the
Organization that are members of the United
Nations," and replace with "States as are
members of the United Nations, any of its
Specialized Agencies or the International
Atomic Energy Agency "
                     Line 7. Replace "IX" by "XI"
                     Line 9. Replace "nations" by "States"
                     Lines 10, 11. Between "Nations" and
"as" insert ", any of its Specialized
Agencies or the International Atomic Energy
Agency"
ARTICLE IIARTICLE II
OrganizationOrganization
7. The Council may, by a two-thirds
majority of its membership, adopt and
amend its own Rules of Procedure which
shall be consistent with the General Rules
of the Organization. The Rules of the
Council and any amendments thereto shall come into force as from the date of approval
by the Director-General of the Organization subject to confirmation by the Council of
the Organization.
7. Lines 9, 10. Delete "subject to confirmation by the Council of the Organization."
ARTICLE IIISee ARTICLE VII

Committees, Working Parties
and Specialists

(Text without change)

ARTICLE IVARTICLE III
FunctionsFunctions (new text)
The Council shall have the following functions and responsibilities: The purpose of the Council shall be to
promote the development, conservation,
rational management and best utilization of living marine resources, and to these ends
it shall have the following functions and responsibilities:
a) to formulate all oceanographical
and technical aspects of the
problems of development and
proper utilization of aquatic
resources;
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 encourage and coordinate
research and the application of
improved methods employed in
fishery and allied industries
with a view to the utilization
of aquatic resources;
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 minimum sizes for
individuals of specified species,

establishing open and closed
fishing seasons and areas,

regulating the amount of total
catch and fishing effort and
their allocation among Members,

ii) for the implementation of these
recommendations;
c) to assemble, publish, or
disseminate all oceanographical
and technical information
relating to aquatic resources;
c) to keep under review the economic
and social aspects of the fishing
industry and recommend any measures
aimed at its development;
d) to recommend to Members such
national and international
research and development
projects as may appear necessary
or desirable to fill gaps in such
knowledge;
d) to encourage, recommend, coordinate
and, as appropriate, undertake
training and extension activities
in all aspects of fisheries;
e) to undertake, where appropriate,
cooperative research and develop-
ment projects directed to this end;
e) to encourage, recommend, coordinate
and, as appropriate, undertake
research and development activities, including cooperative projects in
the area of fisheries and the
protection of living marine resources;
f) to propose, and where necessary to adopt, measures to bring about the standardization of scientific equipment, techniques and nomenclature ;f) to assemble, publish or disseminate information regarding exploitable
living marine resources and fisheries
based on these resources;
g) to make comparative studies of fishery legislation with a view to making recommendations to its Members respecting the greatest possible coordination;g) to carry out such other activities
as may be necessary for the Council
to achieve its purpose as defined
above.
h) to encourage research into the hygiene and prevention of occupational diseases of fishermen;
i) to extend its good offices in assisting Members to secure essential materials and equipment;
j) to report upon such questions relating to all oceanographical and technical problems as may be recommended to it by Members or by the Organization and, if it thinks proper to do so, by other international, national or private organizations with related interests;
k) to transmit, every two years, 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 may seem to it necessary or desirable. Reports of the committees and working parties of the Council provided for in Article III of this Agreement shall be transmitted to the Director-General of the Organization through the Council.
ARTICLE VARTICLE V
RegionRegion
The Council shall carry out the
functions and responsibilities set forth
in Article IV in the region as referred to
in the Preamble.
Line 3. Replace "IV" by "III"
ARTICLE V
Recommendations on management measures (new text)
1. The recommendations referred to in Article III, paragraph b), shall be adopted by a two-thirds majority of Members of the Council present and voting. The text of such recommendations shall be communicated by the Chairman of the Council to each Member.

2. Subject to the provisions of this Article,
the Members of the Council undertake to give effect to any recommendations made by the Council under Article III, paragraph b), from the date determined by the Council which shall not be before the period for objection provided for in this Article has elapsed.

3. Any Member of the Council 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 recommenda-
tion. In the event of an objection being made within the one-hundred-and-twenty-day period any other Member may similarly object at any time within a further period of sixty days.
A Member may also at any time withdraw its objection and give effect to a recommendation.

4. If objections to a recommendation are
made by more than one-third of the Members of the Council the other Members shall be relieved forthwith of any obligation to give effect to that recommendation; nevertheless any or all of them may agree among themselves to give effect to it.

5. The Chairman of the Council shall notify each Member immediately upon receipt of each objection or withdrawal of objection

ARTICLE VI
Reports
(Text based on present Article IV, k)
The Council shall transmit, after each
session, to the Director-General of the Organ-
ization, a report embodying its views, recom-
mendations and decisions, and make such other reports to the Director-General of the Organ-
ization as may seem to it necessary or desir-
able. Reports of the committees and working parties of the Council provided for in Article VII of the Agreement shall be transmitted to the Director-General of the Organization through the Council.
ARTICLE VII
Committees, Working Parties and Specialists (Text of present Article II without change)
ARTICLE VIARTICLE VIII
Cooperation with International
Organizations
Cooperation with International
Organizations
(Text without change)(Text without change)
ARTICLE VIIARTICLE IX
ExpensesExpenses
1. The expenses of delegates and their
alternates, experts and advisers occasioned
by attendance at sessions of the Council
and the expenses of representatives sent to
committees or working parties established
in accordance with Article III of this
Agreement shall be determined and paid by
their respective governments.
1. Line 6. Replace "III" by "VII"

 

 

4. The expenses incurred in connection
with cooperative research or development
projects undertaken in accordance with the
provisions of Article IV, paragraphs d)
and e) unless otherwise available shall be
determined and paid by the Members in the
form and proportion to which they shall
mutually agree.
(Rest of the text without change)
4. Lines 4, 5. Replace "IV, paragraphs d)
and e)" by "III, paragraph e)"
ARTICLE VIIIARTICLE X
AmendmentsAmendments
(Text without change) (Text without change)
ARTICLE IXARTICLE XI
AcceptanceAcceptance
2. The Council may, by a two-thirds
majority of its membership, admit to member-
ship such other nations that are members
of the United Nations as 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 admission.
2. Line 3. Delete "nations" and replace with "States"
    Line 4. Between "Nations" and "as"
insert"., any of its Specialized Agencies
or the International Atomic Energy Agency"
ARTICLE XARTICLE XII
Entry into forceEntry into force
(Text without change)(Text without change)
ARTICLE XIARTICLE XIII
Territorial ApplicationTerritorial Application
The Members of the Council shall, when
accepting this Agreement, state explicitly
to which territories their participation
shall expend. In the absence of such a
declaration, participation shall be deemed
to apply to all the territories for the
international relations of which the
Member is responsible. Subject to the
provisions of Article XII below, the scope
of the territorial application may be
modified by a subsequent declaration.
Line 9. Replace "XII" by "XIV"
ARTICLE XIIARTICLE XIV
WithdrawalWithdrawal
(Text without change) (Text without change)
ARTICLE XIIIARTICLE XV
Interpretation and Settlement of DisputesInterpretation and Settlement of Disputes
(Text without change)(Text without change)
ARTICLE XIVARTICLE XVI
TerminationTermination
(Text without change)(Text without change)
ARTICLE XVARTICLE XVII
Certification and RegistrationCertification and Registration
The text of this Agreement was
originally formulated at Rome on the 24th
day of September one thousand nine hundred
and forty-nine in the French language. Two
copies in the English, French and Spanish
languages of this Agreement as amended on
the 22nd day of May one thousand nine hundred
and sixty-three by the First Special Session
of the General Fisheries Council for the
Mediterranean, shall after approval by the
Council or Conference of the Organization,
as appropriate, be certified by the Chair-
man of the Conference or Council of the
Organization and by the Director-General of
the Organization.
(Rest of the text without change)
Line 8. Between "Session" and "of"
insert "and on the 1st day of July one
thousand nine hundred and seventy-six
by the Thirteenth Session"

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