APPENDIX I
TEXT TO THE AGREEMENT ESTABLISHING THE INDO-PACIFIC FISHERY COMMISSION'(IPFC)
AS AMENDED BY TWTFB'CAT ITS SEVENTEENTH SESSION1
PREAMBLE
The contracting Governments [of Burma, China, France, India, the Netherlands, the Republic of the Philippines, the United Kingdom and the United States of America, Members of the Food and Agriculture Organization of the United Nations,] having a mutual interest in the development and proper utilization of the living aquatic resources of the Indo-Pacific area [s] and desiring to further the attainment of these ends through international cooperation by the establishment of an Indo-Pacific Fishery Commission, [Fisheries Council] agree as follows:
ARTICLE I
The Commission [Council]
- The contracting Governments agree to establish within the framework of the Food and Agriculture Organization of the United Nations (hereinafter referred to as "the Organization")a Commission [Council] to be known as the Indo-Pacific Fishery Commission [Fisheries Council], for the purpose of carrying out the functions and duties hereinafter set forth in Article IV.
- The Members of the
Commission [Council] shall be such Member Nations and
Associate Members of the Organization and such
non-member States [nations] of the Organization
as [which] are Members of the United Nations,
or any of its Specialized Agencies or the International Atomic Energy
Agency that accept this Agreement in accordance with the provisions of Article X
[IX] thereof. As regards Associate Members, this Agreement shall, in accordance with the provisions of
Article XIV-5 of the 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
- Each Member shall be represented at
sessions of the Commission [Council] by a single delegate, who may be accompanied by an
alternate and by experts and advisers. Participation in sessions of the
Commission [Council] 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.
- Each Member shall have one vote.
Decisions of the Commission [Council] shall be taken by a majority of the votes cast,
except when a greater majority is required by this Agreement or by the Rules governing the
procedure of the Commission [Council]. A majority of the total membership of the
Commission [Council] shall constitute a quorum.
- The Commission
[Council] shall at each regular session elect a Chairman and a Vice-Chairman who shall serve until the end of
the next regular session.
- The Chairman of the
Commission [Council] in consultation with the
Director-General of the Organization shall convene a regular
session of the Commission [Council] at least once in every two years unless otherwise
directed by a majority of the Members. The site and date of all sessions shall be
determined by the Commission [Council] in consultation with the Director-General of the
Organization.
- The seat of the
Commission [Council] shall be at the seat of the Regional
Office of the Organization most conveniently situated
within the area defined, in Article VI [V Pending the establishment of such a
Regional Office, the Council shall select a temporary seat within that area].
- The Organization shall provide the
Secretariat for the Commission [Council] and the Director-General shall appoint its
Secretary, who shall be administratively responsible to him.
- The Commission
[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
Procedure of the Commission [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].
ARTICLE III
Committees and working
parties
- There. shall be an Executive Committee
consisting of the Chairman, the Vice-Chairman, [and] the immediately retired Chairman
and two members elected by the Commission. In the unavoidable absence of one or two members
of the Executive Committee from a Committee session, the Chairman shall have the power
to co-opt the chairman of one or two of the [Technical] committees which may from time
to time be established in accordance with the Rules governing the procedure of the
Commission [Council], at his discretion, to substitute the absent Committee member or members for
that Committee session only, provided that two permanent members [one permanent
member] of the Executive Committee shall always be present and that the number of voting
members attending the Committee session shall in no case exceed five [three].
- The Commission
[Council] may in addition establish temporary, special or standing committees
to study and report on matters pertaining to the purpose of the
Commission[Council].
- The Commission
[Council] may establish working parties to study and recommend on specific technical problems. These working
parties shall be convened by the Director-General of the Organization at such time
and places as are in accordance with the objectives for which they were established.
- The establishment of committees and
working parties referred to in paragraphs 2 and 3 above shall be subject to the availability
of the necessary funds in the relevant chapter of the approved budget of the Organization;
and the determination of such availability shall be made by the Director-General.
Before taking any decision involving expenditures in connexion with the establishment of
committees and working parties, the Commission [Council] shall have before it a
report from the Director-General on the administrative and financial implications thereof.
ARTICLE IV
Functions
The purpose of the
Commission [The Council] shall be to promote the full and
proper utilization of living aquatic resources by
the development and management of fishing and culture operations and by the development
of related processing and marketing activities in conformity with the objectives of its
Members, and to these ends it shall have the following functions and
responsibilities [duties]:
(a) to keep under review the state
of these resources and of the industries based on them;
[To formulate the oceanographical,
biological and other technical aspects of the problems of development and proper
utilization of living aquatic resources]
(b) to formulate and recommend
measures and to initiate and carry out programmes or pro-jects to:
( i) create new fisheries and
increase the production, efficiency and productivity of existing fisheries;
( ii) conserve and manage
resources;
( iii) protect resources from
pollution;
[To encourage and coordinate research and
applications of improved methods in every-day practices]
(c) to keep under review the
economic and social aspects of fishing and aquaculture industries and recommend measures aimed at
improving the living and working conditions of fishermen and other workers in these
industries and otherwise at improving the contribution of each fishery to social and
economic goals;
[To assemble, publish or otherwise
disseminate oceanographical, biological and other technical information relating to living
aquatic resources]
(d) to encourage, recommend,
coordinate and, as appropriate, undertake training and extension activities in all aspects of
fisheries;
[To recommend to Members such national or
cooperative research and development projects as may appear necessary or desirable
to fill gaps in such knowledge]
(e) to encourage, recommend,
coordinate and, as appropriate, undertake research and development activities;
[To undertake, where appropriate,
cooperative research and development projects directed to this end]
(f) to assemble, publish or
otherwise disseminate information regarding the living aquatic resources and fisheries based on these
resources;
[To propose, and where necessary to adopt,
measures to bring about the standardization of scientific equipment, techniques and
nomenclature]
(g) to carry out such other
activities as may be necessary for the Commission to achieve its purpose as defined above,
[To extend its good offices in assisting
its Members to secure essential material and Equipment]
[h. To report upon such questions relating
to oceanographical, biological and other technical problems as may be recommended to it
by Members or by the Organization and other international or private organizations with
related interests]
[I. To transmit biennially 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 through the Council]2.
ARTICLE V
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 may seem to it necessary or desirable. Reports of the committees and
working parties of the Commission provided for in Article III of this Agreement shall be transmitted to
the Director—General through the Commission.
ARTICLE
VI [V]
Area
The Commission [Council]
shall carry out the functions and responsibilities [duties]
set forth in Article IV in the Indo—Pacific
area.
ARTICLE
VII [VI]
Cooperation with
international bodies
The Commission [Council]
shall cooperate closely with other international bodies in matters of mutual interest.
ARTICLE
VIII [VII]
Expenses
- The expenses of delegates and their
alternates, experts and advisers occasioned by attendance at sessions of the
Commission [Council] and the expenses of representatives on
committees or working parties established
in accordance with Article III of this Agreement shall be determined and paid by their
respective governments.
- The expenses of the Secretariat,
including publications and communications, and of the Chairman, Vice—Chairman and the
immediately retired Chairman of the Commission [Council] and of the other two members of
the Executive Committee when performing duties connected with the Commission's
[its] work during intervals between its sessions, shall be determined and paid by the Organization within the
limits of a biennial budget prepared and approved in accordance with the Constitution, the
General Rules and Financial Regulations of the Organization.
- The expenses of research or development
projects undertaken by individual Members of the Commission
[Council], whether independently or upon the recommendation of the
Commission [Council], shall be determined
and paid by their respective governments.
- The expenses incurred in connexion with
activities [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. Cooperative projects shall be submitted to the Council of the Organization prior to
implementation. 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.
- The expenses of experts invited, with
the concurrence of the Director-General, to attend meetings of the
Commission [Council], committees or working parties in
their individual capacity shall be borne by the
budget of the Organization.
ARTICLE
IX [VIII]
Amendments
The [indo—Pacific Fisheries
Council] Commission may amend this Agreement by a two thirds majority of all the Members of the
Commission [Council], any amendment becoming effective only after concurrence of the
Council of the Organization unless the latter considers it desirable to refer the amendment
to the Conference of the Organization for approval. An amendment shall become effective as from
the date of the decision of the Council or Conference of the Organization, as
appropriate. However, any amendment involving new obligations for Members shall come into force
with respect to each Member only on acceptance of it by that Member. The instruments of
acceptance of amendments involving new obligations shall be deposited with the
Director-General of the Organization, who shall inform all the Members of the [indo-Pacific Fisheries
Council] Commission as well as the Secretary-General of the United Nations of the receipt of
acceptances and the entry into force of such amendments. The rights and obligations of
any Member of the [indo-Pacific Fisheries Council] 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
X [lX]
Acceptance
- This Agreement shall be open to
acceptance by Member Nations and Associate Members of the Organization.
- The Commission
[Council] may, by a two—thirds majority of its membership, admit to
membership such other
States [nations] that are Members of the United Nations,
of any of its Specialized Agencies or the
International Atomic Energy Agency 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. Participation by such States [nations] in the activities of the
Commission [Council] shall be contingent upon the
assumption of a proportionate share in the expenses of
the Secretariat, as determined by the Organization.
- Acceptance of this Agreement by any
Member Nation or Associate Member of the Organization shall be effected by the deposit of
an instrument of acceptance with the Director-General of the Organization and shall take
effect on receipt of such instrument by the Director—General.
- Acceptance of this Agreement by
non-member nations of the Organization shall be effected by the deposit of an instrument of
acceptance with the Director-General of the Organization. Membership shall become effective
on the date on which the Commission [Council] approves the application for membership, in
conformity with the provisions of paragraph 2 of this Article.
- The Director—General of the
Organization shall inform all Members of the Commission [Council], all Member Nations of
the Organization and the Secretary-General of the United Nations of all acceptances that have become
effective.
- Acceptance of this Agreement may be made
subject to reservations, which shall become effective only upon unanimous approval by
the Members of the Commission [Council]. The Director-General of the Organization shall
notify forthwith all Members of the Commission [Council] of any reservations.
Members of the Commission [Council] not having replied within three months from the date of the
notification shall be deemed to have accepted the reservation. Failing such approval the
nation making the reservation shall not become a party to this Agreement.
ARTICLE
XI [X]
Entry into force
This Agreement shall enter into force upon
the date of receipt of the fifth instrument of acceptance.
ARTICLE
XII [XI]
Territorial
application
The Members of the
Commission [Council] shall, when accepting this Agreement,
state explicitly to which territories their
participation shall extend. 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 XIII [XII]
below, the scope of the territorial application may be modified by a
subsequent declaration.
ARTICLE
XIII [XIl]
Withdrawal
- 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 the written notice of such
withdrawal to the Director-General of the Organization, who shall immediately inform of such
withdrawal all the Members of the Commission [Council] and the Member Nations of the Organization
as well as the Secretary-General of the United Nations. Notice of withdrawal shall become
effective three months from the date of its receipt by the Director—General.
- A Member of the
Commission [Council] may give notice of withdrawal with
respect to one or more of the territories for the
international relations of which, it is reponsible. When a Member gives notice of its own
withdrawal from the Commission [Council], it shall state to which territory or territories the
withdrawal is to apply. In the absence of such a declaration, the withdrawal shall be
deemed to apply to all the territories for the international relations of which the Member of
the Commission [Council] is responsible, except that such withdrawal shall not be deemed to
apply to an Associate Member.
- Any Member of the
Commission [Council] that gives notice of withdrawal from
the Organization shall be deemed to have
simultaneously withdrawn from the Commission [Council], and this withdrawal shall be deemed to
apply to all the territories for the international relations of which the Member concerned is
responsible, except that such withdrawal shall not be deemed to apply to an Associate
Member.
ARTICLE
XIV [XIII]
Interpretation and
settlement of disputes
Any dispute regarding the interpretation or
application of this Agreement, if not settled by the
Commission [Council], shall be referred to a committee
composed of one member appointed by each of the parties to
the dispute, and in addition an independent chairman 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 but 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
XV [XIV]
Termination
This Agreement shall be considered
terminated if and when the number of Members of the Commission [Council]
drops below five unless the remaining Members of the Commission [Council] unanimously decide
otherwise.
ARTICLE
XVI [XV]
Certification and
registration
The text of this Agreement was originally
formulated at Baguio the 26th day of February, one thousand nine hundred and
forty—eight,
in the English language. Two copies in the English and French languages of this
Agreement as amended shall after approval by the Council or Conference of the
Organization, as appropriate, be certified by the Chairman of the Conference or Council of the
Organization 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 Nation of
the Organization and to such non—member nations of the Organization that may become parties
to this Agreement.
1 Deletions in square brackets [ ], additions underlined.
2 See new Article V.