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ADOPTION OF REPORT
ADOPTION DU RAPPORT
APROBACION DEL INFORME

DRAFT REPORT OF COMMISSION III - PART I
PROJET DE RAPPORT DE LA COMMISSION III - PREMIERE PARTIE
PROYECTO DE INFORME DE LA COMISION III - PARTE I

Paragraphs 1 to 4 approved

Les paragraphes 1 à 4 sont approuvés

Los párrafos 1 a 4 son aprobados

Paragraphs 5 to 8 approved

Les paragraphes 5 a 8 sont approuvés

Los párrafos 5 a 8 son aprobados

Paragraphs 9 to 12 approved

Les paragraphes 9 á 12 sont approuvés

Los párrafos 9 a 12 son aprobados

Draft Report of Commission III. Part I, was adopted

Le projet de rapport de la Commission III, premiere partie, est adopté

El proyecto de informe de la Comision III, Parte I. es aprobado

DRAFT REPORT OF COMMISSION III - PART II
PROJET DE RAPPORT DE LA COMMISSION III - DEUXIÉME PARTIE
PROYECTO DE INFORME DE LA COMISION III - PARTE II

Paragraphs 1 to 2, including resolution, approved

Les paragraphes 1 à 2, v compris la resolution, sont approuvés

Los párrafos 1 a 2 incluida la resolución son aprobados

PARAGRAPHS 3 TO 13, INCLUDING APPENDIX

PARAGRAPHES 3 A 13, Y COMPRIS L' ANNEXE

LOS PARRAFOS 3 A 13, INCLUIDO EL APENDICE

Paul Neville ROSS (Australia): I have basically three comments to make. The first is a minor point with regard to paragraph 3. The second sentence of paragraph 3 on page 6 refers to the "UNCED Conference". I think it should just be "UNCED" as that acronym includes "Conference".


I have a more substantive comment to make with regard to paragraph 10 on page 9. It is the fourth sentence, beginning at the end of the tenth line. It begins "Whilst some delegates". I am not sure if this sentence accurately reflects what was said in the debate. It refers to some delegates deferring to the consensus on this matter. In Australia's statement, we indicated we were prepared to go along with the majority view on this matter. So I would like to suggest some amendments to this sentence.

Firstly, after the phrase, "Whilst some delegates considered that" the words "it might have been preferable to convene" be deleted. So that it would now read "Whilst some delegates considered that the", and insert "meeting of the group of experts", and then insert "should be convened".

The sentence would then continue "after the March session of the United Nations Conference, they were prepared to", and then replace the words "defer to the consensus" with "accept the majority view on this matter".

Therefore, the proposed changed sentence would read: "Whilst some delegates considered that the meeting of the group of experts should be convened after the March session of the United Nations Conference, they were prepared to accept the majority view on this matter."

My final comments relate to paragraph 11. Again this is a relatively minor point. There is a reference at the end of the second line to the Hundred and Sixth Session of the Council occurring in November 1994.

Given the prospect that there will be an Extraordinary Session of the Council in May 1994, that session would be the Hundred and Sixth. So there could be some confusion. I would propose that we delete the words "Hundred and Sixth" and just refer to the Session of the Council in November 1994.

CHAIRMAN: Your comments are accepted and will be incorporated in the final report.

Luis DELGADO SANCHO (EEC): Our first proposal concerns paragraph 5, paragraph (a) : in the fourth line from the bottom, we propose to delete the word "national". So the sentence will read, "which is a matter wholly within the competence of fisheries authorities."

I have another modification to paragraph 10. I would point out that in the French version of paragraph 10 on page 9, in the second line, it says in French "d'une vingtaine d'experts nommés par des Etats Membres de la FAO". On the contrary, in the Spanish version the wording used is "Membros de la FAO" and the English "Members". It is only a matter of translation.

Then we propose - and I continue with the English version - at the end of paragraph 10 to add the following sentence: "This provides an opportunity for an eventual informal consultation on the basis of the draft."

CHAIRMAN: Could you repeat the last additional sentence to paragraph 10?


Luis DELGADO SANCHO (EEC): At the end of paragraph 10, the sentence would read: "This provides an opportunity for an eventual informal consultation on the basis of the draft."

Then we propose to insert after paragraph 10 and before paragraph 11 a new paragraph that reads as follows: "The Conference notes that the Secretariat will submit a revised text of the Draft Agreement to members of the Committee on Fisheries in early spring 1994 for review and written comments by the end of August 1994. The same draft would also be made available at the 3rd substantive session of the United Nations Conference scheduled for August 1994".

Before repeating, if that is your wish, I want to say that we have taken the statement made by Mr Krone on the schedule of the Code of Conduct.

CHAIRMAN: I do not see any objections to your additional comments. Your comments will be incorporated in their entirety in the text.

Frank D. BUCHHOLZ (United States of America): Of course, we are looking very quickly at this additional paragraph. I know that it reads, "The Conference notes that the Secretariat will also need a revised text of the Draft Agreement". I am not sure of the exact term that will eventually be used or the exact type of document that will come out of this. I think, rather than "agreement", we should revert back to what was said at the beginning of the paragraph which is "of the draft general principles".

CHAIRMAN: I ask the delegate of the United States to repeat his comments for the benefit of the Secretariat.

Frank D. BUCHHOLZ (United States of America): Basically in this additional paragraph we use the term "draft agreement" as proposed by the EC. I think it would be preferable to use the term "draft general principles" inasmuch as the exact nature of this document has not yet been determined.

CHAIRMAN: I can see the EEC is in agreement with that.

Gerald MOORE (LEGAL COUNSEL): I would certainly agree with that particular clarification. I am wondering if, where it says that we should submit a revised text of the draft principles to members of COFI in early spring, we should not perhaps say "to FAO Members" because there will be a new COFI and we will not yet know who the members are. We will probably only have about ten or by the spring of 1994 because usually people make known their membership or desire to be members of COFI just before the COFI session. I wonder whether it might not be better then to say "to make it available to FAO Members in early spring 1994".

CHAIRMAN: I can see the EEC is in agreement with your suggestion.

Julio Cesar LUPINACCI (Uruguay): Quería referirme al Proyecto de Resolución que aprueba el Acuerdo para Promover el Cumplimiento de las Medidas


Internacionales de Conservación y Ordenación por los Buques Pesqueros que Pescan en Alta Mar, que figura en las páginas 10 y 11 del texto español. Con respecto a él, el numeral tercero de la parte decisoria quería proponer un cambio, donde dice: "Toma nota de que el Acuerdo formará parte integrante del Código Internacional de Conducta para la Pesca Responsable" cambiar estas expresiones de "Tomar nota" por "Reafirma que el Acuerdo formará parte integrante del Código Internacional de Conducta para la Pesca Responsable". Creemos que tiene más fuerza decirlo así y además, no es que la Conferencia toma nota de algo que la propia Conferencia decidió, de manera que es una reafirmación de lo que ya había decidido. Por lo tanto, propongo este cambio, señor Presidente, la palabra "toma nota" por "reafirma".

CHAIRMAN: Thank you very much, Uruguay. Your proposal is accepted.

Ms C. BOGLE (New Zealand): I was going to make the same intervention as the United States made a little while ago so I will not make it now.

CHAIRMAN: I see that the suggestion is acceptable.

Robert ANDRIGO (Canada): I have a change to propose on paragraph 11. If it would be allowed I would like to propose a change to the first line, to remove the phrase that begins with "might well be completed by September 1994 and the text..." and to replace it with "would be". The reason for that is that in a sense it prejudges that by the time that this piece of paper or these draft principles get to COFI there will be nothing for COFI to do. I do not think that is necessarily what we intend, it would be more consistent with what we say further down about these various elements of the Code being an advanced form of preparation, not to say that this "might well be completed by September 1994"

CHAIRMAN: Your comments are accepted and will be incorporated in the Report.

Paragraphs 3 to 13, including Appendix, as amended, approved

Les paragraphes 3 à 13, y compris l'annexe, ainsi amendés, sont approuvés

Los párrafos 3 a 13, incluido el Apéndice, así enmendados. son aprobados

Paragraphs 14 to 18, including Appendix, approved

Les paragraphes 14 à 18, y compris l'annexe, sont approuvés

Los párrafos 14 a 18, incluido el Apéndice, son aprobados

PARAGRAPHS 19 TO 28, INCLUDING APPENDIX

PARAGRAPHES 19 A 28, Y COMPRIS L'ANNEXE

LOS PÁRRAFOS 19 A 28, INCLUIDO EL APENDICE

G.N.M. PELPOLA (Sri Lanka) : My intervention is not on any substantive matter concerning the draft Agreement, but I would specifically wish to draw the attention of this Conference to the location for the eventual


establishment of the Tuna Commission. Sri Lanka has taken a special interest in the exploitation of tuna in our region. We are happy to report that since the inception Sri Lanka has provided host facilities for the Indian Ocean Tuna Programme; the required institutional support has constantly been given by Sri Lanka; and the Programme is effectively being serviced by us.

Sri Lanka offered to host this proposed Tuna Commission as far back as 1988. Given its central location in the Indian Ocean, and also considering the fact that Sri Lanka continues to service the ITPT - which in fact can be considered a forerunner to the Indian Ocean Tuna Commission - my delegation reiterates the offer it has already made and expresses its keenness to host the Indian Ocean Tuna Commission in Sri Lanka.

Richard M. STEIN (Secretary, Commission III): As the distinguished delegate of Sri Lanka has just said, it is quite true that their government has made this offer on several occasions in the past.

We could, in paragraph 27, make a very small change and say "the Conference noted that the Governments of India and of Sri Lanka had offered to serve...". If that would be sufficient it puts them on the same level, whilst one had offered it perhaps earlier, and I think that that ought to satisfy everyone

CHAIRMAN: I see that the suggestion is acceptable to Sri Lanka.

D. CANGY (Mauritius): With regard to paragraph 21 and paragraph 22 of the Report, my government would like the following statement to be added: "My delegation is pleased to inform the FAO Conference that sufficient progress has been made in the discussions between Mauritius and the United Kingdom regarding fisheries and other resources in the waters around the Chagos Archipelago. Following these discussions, Mauritius and the United Kingdom authorities have agreed to issue a joint statement on cooperation on fisheries and other resources in the waters around the Chagos Archipelago soon. " A copy of that joint statement will be deposited with FAO in due course.

In the circumstances, my delegation wishes to announce that Mauritius is now ready to give its formal approval to the setting up of the Indian Ocean Tuna Commission on the basis of the draft Agreement before Conference.

Richard M. STEIN (Secretary, Commission III): May I say to the delegate of Mauritius, with your permission, Mr Chairman, that the extremely important statement which you have made will, of course, appear in the Verbatim Records. Would you allow us, for the purposes of the Report, simply to state what has happened and then have the complete statement in the Verbatim Records? What you have said is important but would you allow us to do as I have suggested and not reproduce the entire statement in the Report? Normally we do not; we take the essence of it and then the entire statement appears in the Records. Is that agreeable?

CHAIRMAN: I see that this suggestion is acceptable.


Draft Report of Commission III, Part 2, as amended, was adopted

Le projet de rapport de la Commission III, deuxiéme partie, ainsi amendé,

est adopté

El proyecto de informe de la Comisión III, parte 2, así enmendado, es

Aprobado

DRAFT REPORT OF COMMISSION III - PART 3
PROJET DE RAPPORT DE LA COMMISSION III – TROISIEME PARTIE
PROYECTO DE INFORME DE LA COMISION III - PARTE 3

Paragraphs 1 to 4, including Resolution, adopted

Les paragraphes 1 à 4, v compris la résolution, sont adoptés

Los párrafos 1 a 4, incluida la Resolución, son aprobados

Paragraphs 5 and 6, including Appendix, approved

Les paragraphes 5 et 6, v compris 1'annexe, sont approuvés

Los prárrafos 5 v 6, incluido el Apéndice, son aprobados

PARAGRAPHS 7 TO 11, INCLUDING APPENDIX

PARAGRAPHES 7 A 11, Y COMPRIS L'ANNEXE

LOS PARRAFOS 7 A 11, INCLUIDO EL APENDICE

Dominik LANGENBACHER (Switzerland) : Mr Chairman, through you I would thank our Rapporteur for having presented us under this Item with a very short, concise and operative conclusion to our debate.

Having said this, I would present three small amendments. In paragraph 7 it is indeed the Conference which noted the concern about the financial situation. The Conference was informed, yes, but then it noted the concern. Therefore, I would propose replacing "The Conference was informed" by "The Conference noted".

Then in paragraph 8 in the third line where we speak of the "in-depth review", according to my recollection we recommended that the in-depth review would be of the proposal and its implications in the light of the questions raised in the debate. Therefore, line three would then read "that an in-depth review of the proposal and its implications in the light of the questions raised in the debate be performed by..."

My last amendment relates to paragraph 9 where it was the sentiments of the Commission that the matter be resubmitted to the next Conference. Therefore, at the very end of that paragraph I would submit we add the words "until the next Conference".

CHAIRMAN: I am in complete agreement with your valuable contribution.

Jean-Paul RIVAUD (France): J'aurais un trés léger amendement á apporter au paragraphe 9 qui, dans sa version actuelle, sous-entend un peu que nous préjugeons du résultat de 1'etude. Je préférerais que l'on mette: "En outre, afin de permettre aux Etats Membres de profiter éventu­­ëllement de


cette facilité le plus tôt possible, la Conférence est convenue..." - le reste inchangé. Il s'agit simplement d'ajouter le mot "éventuellement"

Paragraphs 7 to 1l. including Appendix, as amended, approved

Les paragraphes 7 à 11, y compris l'annexe, ainsi amendés, sont approuvés

Los párrafos 7 a 11, incluido el Apéndice, así enmendados, son aprobados

Draft Report of Commission III, Part 3, as amended, was adopted

Le projet de rapport de la Commission III, troisième partie, ainsi amendé,

est adopté

El provecto de informe de la Comisión III, parte 3, así enmendado, es

Aprobado

The meeting rose at 18.45 hours.
La séance est levée à 18 h 45.
Se levanta la sesión a las 18.45 horas.

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