August 1997 GFCM/XXII/97/4

FAO

GENERAL FISHERIES COUNCIL FOR THE MEDITERRANEAN
Twenty-second Session
Rome, Italy
13-16 October 1997
AMENDMENTS TO THE AGREEMENT AND RULES OF PROCEDURE OF GFCM

 

I. INTRODUCTION

1. At its Twenty-first Session held in Alicante, Spain from 22 to 26 May, 1995, the General Fisheries Council for the Mediterranean (GFCM) reviewed a number of amendments to the Agreement and Rules of Procedure of GFCM to allow for the participation of the EC in GFCM. GFCM considered that the draft amendments represented an excellent basis for its work, but it asked for further amendments to give effect to a number of matters concerning its structure and functions. The draft amendments to the Agreement and Rules of Procedure designed to implement both the recommendations of GFCM regarding its structure and functions and to allow for the participation of the EC are set out in Annex A to the present document.

II. CHANGES TO THE STRUCTURE AND FUNCTIONS OF GFCM

Inclusion of Mariculture and coastal fisheries enhancement in the objectives and functions of the GFCM

2. GFCM recommended that Article III of the Agreement be amended to include, within the objectives and functions of GFCM, a reference to the promotion of programmes for mariculture and coastal fisheries enhancement in view of the increasing importance of such activities in the region. In the proposed amendments, the Secretariat has suggested that the term "aquaculture" be used instead of "mariculture".

Improved functioning of the existing institutional mechanisms

3. GFCM also considered that the most pressing issue was to improve the functioning of the existing institutional mechanisms. In this regard, GFCM recommended, inter alia, to broaden and enhance participation in the Executive Committee of GFCM to make it more representative and to enhance its powers to act on behalf of GFCM as its executive organ during inter-sessional periods. The implementation of this recommendation requires the amendment of Rule X of the Rules of Procedure of GFCM.

III. AMENDMENTS TO ALLOW FOR PARTICIPATION BY THE EC

4. At its Twenty-Sixth Session held in November 1991, the FAO Conference amended the FAO Constitution and General Rules of the Organization to allow for the admission of eligible regional economic integration organizations to membership in the Organization. The European Community was admitted as a Member of FAO on 26 November 1991. The FAO Basic Texts, as revised in 1991, allow Member Organizations such as the EC to participate fully in the activities of the Organization, including the negotiation and adoption of agreements under Article XIV of the Constitution. However, since such agreements have a legal life of their own, Member Organizations cannot become members of any body set under those agreements unless and until those agreements have been amended to allow for such participation.

5. On 10 June 1992, the Director-General received a letter from the Commission of the EC expressing the interest of the EC in becoming a member of GFCM and requesting that the matter be placed on the agenda of the following session of GFCM.

6. The matter was considered by the Executive Committee of GFCM at its Fiftieth Session in Rome in 1992. The Executive Committee considered that the expression of interest by the EC in becoming a member of GFCM was "a logical follow-up to the EC's admission as a Member of FAO. The Committee supported the EC's candidature and commissioned the Secretariat to take the necessary steps to enable it to be submitted to the next Council session, ensuring that the EC was GFCM's sole interlocutor on questions falling within the Commission's exclusive domain."

7. In order to allow the Secretariat to start preparing the necessary draft amendments to the Agreement and Rules of Procedure of GFCM, the Legal Counsel wrote to the Commission of the EC in September 1993, requesting formal notification of "the basis on which the EC and/or its Member States wished to participate in GFCM and, in particular, whether the Community intends to replace its Member States in GFCM or to exercise membership rights on an alternative basis with its Member States that are presently Member of GFCM."

8. By letter dated April 1995, the Commission formally notified FAO that the Community and its Member States wished to participate together in GFCM on the basis of the alternative exercise of membership rights, i.e. on the same basis as they currently participate in FAO itself. The annexed amendments to the Agreement have been prepared on that basis.

IV. OTHER AMENDMENTS

Change in name of GFCM

9. GFCM at its 20th Session in February-March 1989 decided to change its name to "General Fisheries Commission for the Mediterranean" in line with Part R of FAO Basic Texts which provides that the term "Council" should be used only to designate the Council of the FAO. However, for procedural reasons, GFCM Basic Texts were never amended accordingly. The draft amendments set out in the annex to this document propose that the name of GFCM should be changed throughout the text to "the General Fisheries Commission for the Mediterranean".

Amendments to bring GFCM Basic Texts in line with Part R of the FAO Basic Texts

10. Taking advantage of the need that has arisen to amend the basic texts of GFCM, it would be desirable to align them with the Principles and procedures which should govern conventions and agreements concluded under articles XIV and XV of the Constitution and commissions and committees established under article VI of the Constitution (Part R of Volume II of the Basic Texts of FAO) as revised by Resolutions 8/91 and 13/93 of the FAO Conference in November 1991 and 1993 respectively. These revisions were designed to give more flexibility to FAO Members in drawing up agreements under Articles XIV and XV of the FAO Constitution, and to allow for a greater degree of autonomy for bodies established under such agreements. The proposed amendments cover Article II.7 (adoption and amendment of the Rules of Procedure - Paragraph 35 of Part R of the Basic Texts); Article X (procedures for the amendment of the Agreement - Paragraph 8 of Part R of the Basic Texts); Paragraph 1 of Rule XII of the Rules of procedure (Conduct of external relations of GFCM - Paragraph 28 of Part R of the Basic Texts).

Financial amendments

11. Article IX of GFCM Agreement provides, inter alia, for various forms of indirect financial assistance to GFCM activities through individual and cooperative research and development projects. Direct financial assistance through voluntary contributions generally to GFCM or in support of specific GFCM activities can always be accepted as voluntary contributions in support of regular programme activities in accordance with the Financial Regulations and Rules of FAO. In the context of GFCM, however, it may be as well to make this possibility abundantly clear. Accordingly, amendments are suggested to Article IX through the addition of a new paragraph 6, expressly allowing for such voluntary contributions.

Other amendments

12. Certain additional amendments of an editorial nature are proposed to Article XVII of the GFCM Agreement. Since, as drafted, this Article needs to be amended each time an amendment is made to any Article of the Agreement, it is proposed to delete any reference to the dates on which amendments occurred. This proposal further transfers the role formally given to the Chairman of the FAO Council or Conference to the Chairman of GFCM as the FAO Council or Conference will no longer need to approve amendments before they come into force.

Note regarding the reservations clause as set out in Article XI.7

13. The current drafting of Article XI, paragraph 7, is perfectly consistent with the current text of Part R of the Basic Texts. However, Members should note the possibility provided by the 1993 revision of paragraph 10 of Part R of the Basic Texts of revising the reservations clause to provide for greater flexibility, should they so wish.

Further Amendments requested by the 21st Session.

14. The 21st session of GFCM also requested the Secretariat to prepare further amendments to GFCM Agreement and the Rules of Procedure to take into account a number of other matters. This request is set out in paragraphs 112 to 115 of the report of the 21st Session, and these paragraphs are repeated here for convenience:

"112 It was also considered that further amendments might be appropriate to reflect recent developments including the negotiations at the UN Conference on Straddling Fish Stocks and Migratory Fish Stocks and on the FAO Code of Conduct on responsible fisheries and the outcome of the Twenty first session of the FAO Committee on Fisheries. Areas that might be covered could include greater stress in the function of FAO, on the need for conservation of living marine resources including the precautionary approach, and a review of the dispute settlement procedures in the light of the outcome of the UN Conference.

113 The Council further agreed that consideration should be given to including specific articles in the Agreement providing for the respective roles of the plenary Sessions of the Council, the Executive committee, the Committee on Fisheries management and GFCM Scientific Committee. It stressed in particular the need for separating clearly the scientific advisory role from the political act of the adoption of conservation and management measures.

114 Concern was also expressed that the draft amendments should reflect the greatest degree of autonomy allowed to the Council under the Basic Texts of FAO, including in particular with regard to the appointment of the secretariat of the Council . It noted, however, that under Part R of the Basic Texts, agreements concluded under Article XIV of the FAO Constitution could provide for consultation on the appointment of the secretary of the Council only in the case of bodies having their own autonomous budgets.

115 On the matter of the extension of the objectives of GFCM to include mariculture and coastal fisheries enhancement, the Council requested that a general reference to "aquaculture" be included in the introductory paragraph of Article III - Functions."

15. The Secretariat prepared draft proposals covering these points, which were considered at the Workshop on the Legal and Technical Aspects of Fisheries Management in the Mediterranean held in Montpellier in April 1997, convened by the EC, and at the GFCM Committee on Fisheries Management held in Rome in June 1997.

16. The proposed amendments to the Agreement set out in Annexes A, B and C incorporates the suggestions and ideas put forward during both these meetings.

Autonomous Budget

17. As already quoted above (in paragraph 114), the 21st session had expressed concern that the amendments should reflect the greatest degree of autonomy permitted under the basic texts of FAO. It should also be recalled that the Venice Declaration adopted by the Second Diplomatic Conference on Fisheries Management in the Mediterranean held in Venice, Italy from 27 to 29 November 1996, urged coastal states of the Mediterranean to "take all necessary steps to reinforce the competent regional fisheries management organizations so that they can meet their member's needs for greater and further-reaching cooperation". At the same meeting, it was made clear that any such strengthening in the case of GFCM would necessitate GFCM having access to new sources of funding and indeed its own autonomous budget.

18. At the Montpellier meeting held in April 1997, a proposal based on the wording found in the Indian Ocean Tuna Agreement (IOTC) was discussed and this was further considered at the meeting of the Committee on Fisheries Management in June 1997. It was accepted that these provisions based on the IOTC would be a suitable text for the autonomous budget, though the actual scale of contributions provisions would need to be reconsidered in the light of the scale of contributions formula eventually adopted. It was agreed that the Secretariat would provide a possible scale of contributions for consideration by GFCM. This is available in document GFCM/XXII/97/5. In Annex B to this document, the text of the autonomous budget provision is set out. It is noted that these provisions, along with the provisions on an autonomous secretariat set out in the same Annex, of necessity will entail increased obligations for Members of GFCM.

New Committees

19. As reported in paragraph 99 of its report, the 21st Session of GFCM, decided to establish a Committee on Aquaculture as a matter of urgency in view of the winding up of the Medrap project. The Council entrusted the Executive Committee with the task of drawing up the detailed terms of reference for this Committee. The proposed terms of reference are set out in Appendix D of the Report of the first session of the Committee on Aquaculture, held in Rome, Italy, from 9 to 12 September 1996.

20. As referred in paragraph 113 of its report, the possibility of establishing a Scientific Committee was raised at the 21st Session of the Council. This was discussed at the Montpellier meeting and at the Committee on Fisheries Management in June 1997. As required under Article VII of GFCM Agreement, a report on the financial and administrative implications will be provided at this meeting.

21. The Council may wish to consider whether the terms of reference of these two Committees should be included in the Rules of Procedure of GFCM. This is not mandated by the rules themselves. However, it may be convenient to include them there. If it is decided to incorporate them into the Rules of Procedure, then it will be advisable for the sake of completeness to include also in the Rules the terms of reference of the Committee of Management.

22. The terms of reference of the Committee on Aquaculture, as approved by the Committee itself at its first session and the proposed terms of reference of the Scientific Advisory Committee, which were discussed at the Montpellier meeting and the Committee on Management held in Rome in June, 1997, are set out in Annex D.

V. AMENDMENT PROCEDURE

23. Under Article X of the Agreement and Rule XVI of the Rules of Procedure, amendments to the Agreement must be formally proposed by a Member of GFCM and approved by a two-thirds majority of the Members and would come into force once approved by the Council of FAO. Any amendment involving new obligations for Members shall come into force with respect to each Member only on acceptance of it by that Member.

24. Under Rule XVII of the Rules of Procedure, amendments to the Rules of procedure must be approved by a two-thirds majority of the Members of GFCM.

25. In the light of these provisions, the proposals for amendment are set out in three separate Annexes according to the procedure for their entry into force. Annex A contains those amendments which will come into force once approved by a two thirds majority of GFCM and by the FAO Council, Annex B those involving new obligations which will additionally need the acceptance of the individual Members before coming into force and Annex C those which will come into force upon adoption by a two thirds majority of the Members. The terms of reference set out in Annex D will come into force upon adoption by GFCM in accordance with Rule IX of the Rules of Procedure.

VI CONCLUSIONS AND SUGGESTED ACTION BY GFCM

26. GFCM is invited to review the draft amendments to the Agreement presented in Annexes A, B and C to this document with a view to their adoption in accordance with the formal procedures provided for in the Agreement. GFCM is also invited to consider and approve the terms of reference of the committee of Aquaculture and of the Scientific Advisory Committee as set out in Annex D.

 

ANNEX A1

AGREEMENT OF THE

GENERAL FISHERIES COUNCIL COMMISSION FOR

THE MEDITERRANEAN

Preamble

The Contracting * Governments Parties

Noting the important developments in the law of the sea and in fisheries as reflected in the United Nations Convention on the Law of the Sea, 1982, which entered into force on 16 November, 1994 (hereafter referred to as the 1982 United Nations Convention),

Noting also the objectives and purposes stated in Chapter 17 of Agenda 21 adopted by the United Nations Conference on Environment and Development, 1993 and the Code of Conduct for Responsible Fisheries adopted by the FAO Conference in 1995,

Noting also that other international instruments have been negotiated with a view to making more effective the international legal regime reflected in the 1982 United Nations Convention,

Recognizing the importance of regional cooperation in improving fisheries conservation and management in the Mediterranean Sea,

Hhaving a mutual interest in the development and proper utilization of the living marine resources of the Mediterranean and the Black Sea and connecting waters (hereafter referred to as the region) and desiring to further the attainment of their objectives through international cooperation which would be furthered by the establishment of a General Fisheries * Council Commission for the Mediterranean, agree as follows:

ARTICLE I

The Council Commission

1. The Contracting Governments Parties hereby establish within the framework of the Food and Agriculture Organization of the United Nations (hereinafter referred to as "the Organization") a Council Commission to be known as the General Fisheries Council Commission for the Mediterranean (hereinafter referred to as "the Council Commission"), for the purpose of exercising the functions and discharging the responsibilities set forth in Article III below.

2. The Members of the Council Commission shall be such * Member NationsMembers and Associate Members of the Organization and such non-member States as are members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency, that are:

(i) coastal States or Associate Members situated wholly or partly within the region;

(ii) States or Associate Members whose vessels engage in fishing in the region for stocks covered by this Agreement; or

iii) regional economic integration organizations of which any State referred to in subparagraphs (i), or (ii) above is a member and to which that State has transferred competence over matters within the purview of this Agreement;

which accept this Agreement in accordance with the provisions of Article XI below, it being understood that these provisions shall not affect the membership status in the Council Commission of such States that are not members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency as may have become parties to this Agreement prior to 22 May 1963. 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

1. Each Member shall be represented at sessions of the Council Commission by one delegate, who may be accompanied by an alternate and by experts and advisers. Participation in meetings of the Council Commission 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.

2. * Subject to paragraph 3, eEach Member shall have one vote. Decisions of the Council Commission shall be taken by a majority of the votes cast, except as otherwise provided by this Agreement. A majority of the total membership of the Council Commission shall constitute a quorum.

3. * A Regional Economic Integration Organization that is a Member of the Commission shall be entitled to exercise in any meeting of the Commission or of any subsidiary body of the Commission a number of votes equal to the number of its Member States that are entitled to vote in such meeting.

4. * A Regional Economic Integration Organization that is Member of the Commission shall exercise its membership rights on an alternative basis with its member States that are Members of the Commission in the areas of their respective competence. Whenever a Regional Economic Integration Organization that is a Member of the Commission exercises its right to vote, its member States shall not exercise theirs, and conversely.

5. * Any Member of the Commission may request a Regional Economic Integration Organization that is a Member of the Commission or its member States that are Members of the Commission to provide information as to which, as between the Member Organization and its member States, has competence in respect of any specific question. The Regional Economic Integration Organization or the member States concerned shall provide this information on such request.

6. * Before any meeting of the Commission or a subsidiary body of the Commission a Regional Economic Integration Organization that is a Member of the Commission or its member States that are Members of the Commission shall indicate which, as between the Regional Economic Integration Organization and its Member States, has competence in respect to any specific question to be considered in the meeting and which, as between the Regional Economic Integration Organization and its member States, shall exercise the right to vote in respect of each particular agenda item. Nothing in this paragraph shall prevent a Regional Economic Integration Organization that is a Member of the Commission or its member States that are Members of the Commission from making a single declaration for the purposes of this paragraph, which declaration shall remain in force for questions and agenda items to be considered at all subsequent meetings subject to such exceptions or modifications as may be indicated before any individual meeting.

7. * In cases where an agenda item covers both matters in respect of which competence has been transferred to the Regional Economic Integration Organization and matters which lie within the competence of its member States, both the Regional Economic Integration Organization and its member States may participate in the discussions. In such cases the meeting, in arriving at its decisions, shall take into account only the intervention of the Member which has the right to vote.

8. * For the purpose of determining a quorum of any meeting of the Commission, the delegation of a Regional Economic Integration Organization that is a Member of the Commission shall be counted to the extent that it is entitled to vote in the meeting in respect of which the quorum is sought.

39. The Council Commission shall elect a Chairman and two Vice-Chairmen.

410. The Chairman of the Council Commission shall normally convene a regular session of the Council Commission at least once every two years unless otherwise directed by a majority of the Members. The site and date of all sessions shall be determined by the Council Commission in consultation with the Director-General of the Organization.

511. The seat of the Council Commission shall be at the headquarters of the Organization in Rome.

612. The Organization shall provide the Secretariat for the Council Commission and the Director-General shall appoint its Secretary, who shall be administratively responsible to him.

713. * The Council Commission 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 provided that such Rules of Procedure or the amendments thereto are not inconsistent with this Agreement or with the Constitution of the Organization.

14. The Council/Commission may, by a two-thirds majority of its membership, adopt and amend its own Financial Regulations, provided that such Regulations shall be consistent with the Principles embodied in the financial regulations of the Organization. Such Regulations shall be reported to the Finance Committee which shall have the power to disallow such financial regulations or amendment if it finds that they are inconsistent with the principles embodied in the Financial regulations of the Organization.

ARTICLE III

Functions

1. The purpose of the Council Commission shall be to promote the development, conservation, rational management and best utilization of living marine resources, as well as the sustainable development of aquaculture, and to these ends it shall have the following functions and responsibilities:

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 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 the minimum size for individual of specified species,

- establishing open and close 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 keep under review the economic and social aspects of the fishing industry and recommend any measures aimed at its development;

d) to encourage, recommend, coordinate and, as appropriate, undertake training and extension activities in all aspects of fisheries;

e) to encourage, recommend, coordinate and, as appropriate, undertake research and development activities, including cooperative projects in the areas of fisheries and the protection of living marine resources;

f) to assemble, publish or disseminate information regarding exploitable living marine resources and fisheries based on these resources;

g) to promote programmes for marine and brackish water aquaculture and coastal fisheries enhancement.2

g) h) to carry out such other activities as may be necessary for the Council Commission to achieve its purpose as defined above.

2. In formulating and recommending measures under paragraph 1 (b) above, the Council/Commission shall apply as appropriate the precautionary approach to conservation and management decisions, and take into account also the best scientific evidence available and the need to promote the development and proper utilisation of the marine living resources.

ARTICLE IV

Region

The Council Commission shall carry out the functions and responsibilities set forth in Article III in the region as referred to in the Preamble.

ARTICLE V

Recommendations on Management Measures

1. The recommendations referred to in Article III, paragraph b), shall be adopted by a two-thirds majority of Members of the Council Commission present and voting. The text of such recommendations shall be communicated by the Chairman of the Council Commission to each Member.

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

3. Any Member of the Council Commission 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 recommendation. In the event of an objection being made within the one hundred and twenty days 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 Commission, 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 Commission shall notify each Member immediately upon receipt of each objection or withdrawal of objection.

ARTICLE VI

Reports

The Council 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 Council Commission provided for in Article VII of the Agreement shall be transmitted to the Director-General of the Organization through the Council Commission.

ARTICLE VII

Committees, Working Parties and Specialists

1. The Council Commission may establish temporary, special or standing committees to study and report on matters pertaining to the purposes of the Council Commission and working parties to study and recommend on specific technical problems.

2. The committees and working parties referred to in paragraph 1 above shall be convened by the Chairman of the Council Commission at such times and places as are determined by the Chairman in consultation with the Director-General of the Organization.

3. The Council Commission may suggest to the Organization the recruitment or appointment of specialists at the expense of the Organization, for the consideration of specific questions or problems.

4. The establishment of committees and working parties referred to in paragraph 1 above and the recruitment or appointment of specialists referred to in paragraph 3 above, shall be subject to the availability of the necessary funds in the relevant chapter of the approved budget of the Organization; the determination of such availability shall be made by the Director-General of the Organization. Before taking any decision involving expenditures in connection with the establishment of committees and working parties and the recruitment or appointment of specialists, the Council Commission shall have before it a report from the Director-General of the Organization on the administrative and financial implications thereof.

ARTICLE VIII

Cooperation with International Organizations

The Council Commission shall cooperate closely with other international organizations in matters of mutual interest.

ARTICLE IX

Expenses

1. The expenses of delegates and their alternates, experts and advisers occasioned by attendance at sessions of the Council Commission and the expenses of representatives sent to committees or working parties established in accordance with Article VII of this Agreement shall be determined and paid by their respective *governments Members.

2. The expenses of the Secretariat, including publications and communications and the expenses incurred by the Chairman and Vice-Chairmen of the Council Commission, when performing duties on behalf of the Council Commission between Council Commission sessions, shall be determined and paid by the Organization within the limits of the relevant appropriations provided for in the budget of the Organization.

3. The expenses of research and development projects undertaken by individual Members of the Council Commission, whether independently or upon recommendation of the Council Commission, shall be determined and paid by the governments Members concerned.

4. The expenses incurred in connection with cooperative research or development projects undertaken in accordance with the provisions of Article III, paragraph 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 project 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.

5. The expenses of experts invited, with the concurrence of the Director-General, to attend meetings of the Council/Commission, committees or working parties in their individual capacity shall be borne by the budget of the Organization.

6. * The Council/Commission may accept voluntary contributions generally or in connection with specific projects or activities of the Commission. Such contributions shall be paid into a trust fund to be established by the Organization. The acceptance of such voluntary contributions and the administration of the trust fund shall be in accordance with the Financial Regulations and Rules of the Organization.

ARTICLE X

Amendments

1. * The General Fisheries Council Commission for the Mediterranean may amend this Agreement by a two-thirds majority of all the Members of thisthe Council Commission. 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. Subject to paragraph 2 below, amendments shall come into force as from the date of their adoption by the Council/Commission.

2. However any aAmendments involving new obligations for Members shall come into force after acceptance by two-thirds of the Members of the Council/Commission and 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 General Fisheries Council Commission for the Mediterranean, as well as the Secretary-General of the United Nations, of the receipt of acceptance and the entry into force of such amendments. The rights and obligations of any Member of the General Fisheries Council Commission for the Mediterranean 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.

3. * Amendments to this Agreement shall be reported to the Council of the Organization which shall have the power to disallow any amendment which it finds to be 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.

ARTICLE XI

Acceptance

1. This Agreement shall be open to acceptance by Member NationsMembers or Associate Members of the Organization.

2. The Council Commission may, by a two-thirds majority of its membership, admit to membership such other States that are Members of the United Nations, 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.

3. Participation in the activities of the Council Commission by Members of the Council Commission which are not Members or Associate Member of the Organization shall be contingent upon the assumption of such proportionate share in the expenses of the Secretariat as may be determined in the light of the relevant provisions of the Financial Regulations of the Organization.

4. Acceptance of this Agreement by any Member 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.

5. 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 Council Commission approves the application for membership, in conformity with the provisions of paragraph 2 of this Article.

6. The Director-General of the Organization shall inform all Members of the Council Commission, all Members Nations of the Organization and the Secretary-General of the United Nations of all acceptances that have become effective.

7. Acceptance of this Agreement may be made subject to reservations which shall become effective only upon unanimous approval by the Members of the Council Commission. Members of the Council Commission 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. The Director-General of the Organization shall notify forthwith all Members of the Council Commission of any reservations.

8. References in this Agreement to the United Nations Convention on the Law of the Sea, 1982, or to other international agreements do not prejudice the position of any State with respect to signature, ratification, or accession to the 1982 United Nations Convention or with respect to other agreements.

ARTICLE XII

Entry into force

This Agreement shall enter into force as from the date of receipt of the fifth instrument of acceptance.

ARTICLE XIII

Territorial Application

The Member of the Council Commission 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 XIV below, the scope of the territorial application may be modified by a subsequent declaration.

ARTICLE XIV

Withdrawal

1. 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 written notice of such withdrawal to the Director-General of the Organization who shall immediately inform all the Members of the Council Commission and the Members of the Organization of such withdrawal. Notice of withdrawal shall become effective three months from the date of its receipt by the Director-General.

2. A Member of the Council Commission may give notice of withdrawal with respect to one or more of the territories for the international relations of which it is responsible. When a Member gives notice of its own withdrawal from the Council Commission 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 Council Commission is responsible, with the exception of Associate Members.

3. Any Member of the Council Commission that gives notice of withdrawal from the Organization shall be deemed to have simultaneously withdrawn from the Council Commission, 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 XV

Interpretation and Settlement of Disputes

1. Any dispute regarding the interpretation or application of this Agreement, if not settled by the Council Commission, 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 out 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.

2. The provisions relating to the settlement of disputes set out in Part XV of the 1982 United Nations Convention, shall apply mutatis mutandis to any dispute between Members concerning the interpretation or application of this Agreement whether or not they are also Parties to the 1982 United Nations Convention.

3. Any procedure accepted by a Member that is a Party to the 1982 United Nations Convention, pursuant to article 287 of that Convention shall apply to the settlement of disputes under this Agreement, unless that Member, when accepting this Agreement, or at any time thereafter, has accepted another procedure pursuant to article 287 for the settlement of disputes.

4. A Member which is not a Party to the 1982 United Nations Convention, when accepting this Agreement, or at any time thereafter, shall be free to choose, by means of a written declaration, one or more of the means set out in Article 287, paragraph 1, for the settlement of disputes under this Agreement. Article 287 shall apply to such a declaration, as well as to any dispute to which such Member is a party which is not covered by a declaration in force. For the purposes of conciliation and arbitration in accordance with Annexes V, VII, and VIII to the Convention, such Member shall be entitled to nominate conciliators, arbitrators, and experts to be included in the lists referred to in Annex V, article 2, Annex VII, article 2, and Annex VIII, article 2, for the settlement of disputes under this Agreement.

ARTICLE XVI

Termination

This Agreement shall be automatically terminated if and when, as the result of withdrawals, the number of Members of the Council Commission drops below five, unless the remaining Members unanimously decide otherwise.

ARTICLE XVII

Certification 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 and on the 1st day of July one thousand nine hundred and seventy-six by the Thirteenth 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 Chairman of the Conference or Council of the Organization and by the Director-General of the Organization and of any amendments to this Agreement shall be certified by the Chairman of the Commission 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 are or may become parties to this Agreement.

ANNEX B

Article VIII bis

Finances

1. Each Member of the Council/Commission undertakes to contribute annually its share of the autonomous budget in accordance with a scale of contributions to be adopted by the Commission.

2. At each regular session, the Council/Commission shall adopt its autonomous budget by consensus of its Members, provided however that if, after every effort has been made, a consensus cannot be reached in the course of that session, the matter will be put to a vote and the budget shall be adopted by a two-thirds majority of its Members.

3.  (a) The amount of the contribution of each Member of the Commission shall be determined in accordance with a scheme which the Commission shall adopt and amend by consensus.

     (b)The scheme adopted or amended by the Council/Commission shall be set out in the Financial Regulations of the Council/Commission.

4. Any non-Member of the Organization that becomes a Member of the Council/Commission shall be required to make such contribution towards the expenses incurred by the Organization with respect to the activities of the Commission as the Commission may determine.

5. Contributions shall be payable in freely convertible currencies unless otherwise determined by the Council/Commission with the concurrence of the Director-General.

6. The Council/Commission may also accept donations and other forms of assistance from organizations, individuals and other sources for purposes connected with the fulfilment of any of its functions.

7. Contributions and donations and other forms of assistance received shall be placed in a Trust Fund administered by the Director-General in conformity with the Financial Regulations of the Organization.

8. A Member of the Council/Commission which is in arrears in the payment of its financial contributions to the Council/Commission shall have no vote in the Commission if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding calendar years. The Council/Commission may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay was due to conditions beyond the control of the Member but in no case shall it extend the right to vote beyond a further two calendar years.

1. ARTICLE IX bis

Administration

1. The Secretary of the Council/Commission (hereinafter referred to as the "Secretary") shall be appointed by the Director-General with the approval of the Council/Commission, or in the event of appointment between regular sessions of the Council/Commission, with the approval of the Members of the Council/Commission.

2. The Secretary shall be responsible for implementing the policies and activities of the Council/Commission and shall report thereon to the Council/Commission. The Secretary shall also act as Secretary to other subsidiary bodies established by the Council/Commission, as required.

3. The expenses of the Council/Commission shall be paid out of its autonomous budget except those relating to such staff and facilities as can be made available by the Organization. The expenses to be borne by the Organization shall be determined and paid within the limits of the biennial budget prepared by the Director-General and approved by the Conference of the Organization in accordance with the General Rules and the Financial Regulations of the Organization.

4. Expenses incurred by delegates, their alternates, experts and advisers when attending, as government representatives, sessions of the Council/Commission, its sub-commissions and its committees, as well as the expenses incurred by observers at sessions, shall be borne by the respective governments or organizations. The expenses of experts invited by the Council/Commission to attend, in their individual capacity, meetings of the Council/Commission or its sub-commissions or committees shall be borne by the budget of the Council/Commission.

 

ANNEX C

RULES OF PROCEDURE OF THE GENERAL FISHERIES Council Commission FOR THE MEDITERRANEAN

RULE I

For the purpose of these Rules, the following definitions apply:

Agreement:

The Agreement for the establishment of the General Fisheries Council Commission for the Mediterranean formulated at Rome (Italy), 24 September 1949 as amended in conformity with Article X thereof.

Council Commission:

The General Fisheries Council Commission for the Mediterranean.

Chairman:

The Chairman of the Council Commission.

Vice-Chairman:

The Vice-Chairman of the Council Commission.

Delegate:

The representative of a Member as specified in Article II, paragraph 1, of the Agreement.

Delegation:

The delegate and his alternate, experts, and advisers.

Member:

Members and Associate Members of the Organization, and non-member nations of the Organization, as may be Members of the Council Commission.

Secretary:

The Secretary of the Council Commission.

Organization:

The Food and Agriculture Organization of the United Nations.

Conference:

The Conference of the Organization.

Observer Nation, Associate Member, or organzattion

A nation that is not a Member of the Council Commission or of Organization, or an international organization invited to attend a session of the Council Commission, or a Member or Associate Member of the Organization attending a session of the Council Commission while not a Member of the Council Commission.

Observer:

The representative of an observer nation or organization.

RULE II

Sessions of the Council Commission

1. In pursuance of, and in accordance with, Article II, paragraph 4 of the Agreement, the Council Commission, in consultation with the Director-General, shall at each regular session consider whether a session should be held within two years and shall decide the time and place for the next session in accordance with the requirements of the Council Commission's programmes and the terms of the invitation of the country in which the session is to be held. The Chairman, accordingly, shall issue the announcement of the session, provided that, if the Council Commission at a regular session is unable to fix a time and place for the next session, it shall, in consultation with the Director-General, take a decision as to the calendar year in which the next session is to be held, and the Chairman, in consultation with the Director-General, is then authorized to fix the time and place of the session provided that the approval of a majority of the Members of the Council Commission has been secured.

2. The Chairman may convene a special session of the Council Commission at the request or with the approval of the majority of the Members. The Executive Committee, in consultation with the Director-General, shall decide the time and place of such a session.

3. Invitations to a regular session of the Council Commission shall be issued by the Secretary on behalf of the Chairman not less than sixty days in advance of the date fixed for the opening of the session. Invitations to special sessions shall be issued not less than forty days in advance of the date fixed for the opening of the session.

4. In order that a proposal to hold a session of the Council Commission or any of its organs, in a given country, may be considered, such country must have (a) ratified without reservation the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, or (b) given the assurance that all delegates, representatives, experts, observers, or other persons entitled to attend such session in accordance with he terms of the Agreement or these Rules, will enjoy the privileges and immunities necessary for the independent exercise of their function in connection with the session.

RULE III

Credentials

At each session the Secretary shall receive the credentials of delegations and observers. Such credentials shall conform to the standard form set by the Secretariat. Upon examination thereof the Secretariat shall report to the Council Commission for the necessary action.

RULE IV

Agenda

1. The agenda of each regular session shall include:

a) election of the Chairman and of two Vice-Chairmen as provided under Article II, paragraph 3/9 of the Agreement;

b) adoption of the agenda;

c) a report by the Executive Committee on its activities, including a report of the work performed on behalf of the Council Commission by the Secretariat;

d) a report by the Secretary on the financial affairs of the Council Commission;

e) consideration of the proposed budget;

f) reports of committees;

g) consideration of the time and place of the next session;

h) proposals for amendments to the Agreement and the present Rules of Procedure;

i) applications for membership, in accordance with Article XI, paragraph 2 of the Agreement, from States which, while not Members of the Organization, are Members of the United Nations, any of its Specialized Agency or the International Atomic Energy Agency;

j) items referred to the General Fisheries Council Commission for the Mediterranean by the Conference, the Council or the Director-General of the Organization.

2. The agenda shall also include, upon approval by the Council Commission:

a) items approved at the previous session;

b) items proposed by the Executive Committee;

c) items proposed by a Member.

3. The provisional agenda shall be sent by the Secretary to members and observer nations and organizations not less than sixty days before the date of the session, together with reports and documents available in connection therewith.

4. The agenda of a special session shall consist only of items relating to the purpose for which the session was called.

RULE V

The Secretariat

1. The Secretariat shall consist of the Secretary and such staff responsible to him as may be determined by the Director-General.

2. the duties of the Secretary shall include the receipt, collation, and circulation of documents, reports, and resolutions of the sessions of the Council Commission and its committees, the record of their proceedings, the certification of expenditures and financial commitments, and the performance of such other duties as the Council Commission or Executive Committee may direct.

3. Copies of all communications concerning the affairs of the Council Commission shall be sent to the Secretary for purposes of information and record.

RULE VI

Plenary Meetings of the Council Commission

Plenary meetings of the Council Commission shall be held in public unless otherwise decided by the Council Commission. When the Council Commission decides to hold a private meeting, it shall at the same time determine the scope of such a decision with respect to observers.

RULE VII

Election of Chairman and Vice-Chairmen

1. The Council Commission shall, during each regular session, elect the Chairman and first and second Vice-chairman of the Council Commission, who shall assume office immediately following the regular session at which they were elected.

2. Nominees must be delegates or alternates. They shall be eligible for re-election.

RULE VIII

Functions of the Chairman and Vice-Chairmen

1. The Chairman shall exercise the functions conferred on him elsewhere in these Rules and, in particular, shall:

a) declare the opening and closing of each plenary meeting of the Council Commission;

b) direct the discussions at such meetings and ensure observance of these Rules, accord the right to speak, put questions and announce decisions;

c) rule on points of order;

d) subject to these Rules, have complete control over the proceedings of the session;

e) appoint such committees of the session as the Council Commission may direct.

2. In the absence of the Chairman, or at his request, his functions shall be exercised by the first Vice-Chairman or, in the absence of the latter, by the second Vice-Chairman.

3. The Chairman or Vice-Chairmen, when acting as Chairman shall not vote and another member of their delegations shall represent their governments.

4. The Secretary shall temporarily exercise the functions of the Chairman in the event the Chairman and Vice-Chairmen are unable to serve.

RULE IX

Voting Arrangements and Procedures

1. Except as provided in paragraph 4 of this Rule, voting in plenary meetings shall be oral or by show of hands, except that a vote by roll call shall be taken if a special majority is required by the Agreement or these Rules, or if a request for a vote by roll call is made by any delegation.

2. A vote by roll call shall be conducted by calling upon delegations in the French alphabetical order.

3. The record of any roll call vote shall show the votes cast by each delegate and any abstention.

4. Voting on matters relating to individuals, except the election of officers of the Council Commission and its committees, shall be by secret ballot.

5. When no nominee for an office obtains on the first ballot a majority of the votes cast, there shall be taken a second ballot confined to the two candidates obtaining the largest number of votes. If, on the second ballot, the votes are equally divided, the Chairman shall decide between the candidates by drawing lots.

6. If the Council Commission is equally divided when a vote is taken on a question other than election, a second vote shall be taken at the next meeting of the current session. If the Council Commission is then again equally divided, the proposal shall be regarded as rejected.

7. Voting arrangements and other related matters not specifically provided for by the Agreement, or by these Rules, shall be governed "mutatis mutandis" by the provisions of the General Rules of the Organization.

RULE X

Committees

1. * The Executive Committee shall consist An Executive Committee is established and shall be composed of the Chairman, two Vice-Chairmen and not more than four Members selected by the Commission at the end of each regular session. In selecting the Members, the Commission shall take into account the need for the various sub-regions and fisheries interests to be represented in the Executive Committee.

2. The Chairman of the Council Commission shall be the Chairman of the Executive Committee; the Secretary of the Council Commission shall be the Secretary of the Executive Committee.

3. * The Executive Committee shall:

a) meet at least once between regular sessions of the Commission;

b) conduct the current business of the Council Commission between sessions and act as its executive organ between regular sessions of the Commission;

c) formulate draft resolutions to be submitted to the Council Commission in connection with items referred to in Rule IV, paragraph 2 b);

d) prepare estimates of expenses for the next financial period for presentation to the Council Commission for submission to the Organization, in the light of the provisions of Article IX, paragraph 2 of the Agreement;

e) coordinate the work of the committees and working parties;

f) function as an editorial and publication committee.

2. 4. The Council Commission may establish such other committees and working parties as it considers desirable.

3. 5. The establishment of committees and working parties referred to in paragraphs 1 and 2/4 above shall be subject to the provisions of Article VII, paragraph 4 of the Agreement.

4. 6. The procedures of such committees and working parties shall be governed "mutatis mutandis" by the Rules of Procedure of the Council Commission.

RULE XI

Budget and finance

1. Except as otherwise provided in these Rules, the Financial Regulations of the Organization, as amplified by the Administrative Manual and memoranda and the procedures based thereon, shall apply to the Council Commission.

2. A proposed budget of the Council Commission for the next succeeding financial period consisting of proposed expenses of the Secretariat, including publications and communications, the proposed travelling expenses of the Chairman and Vice-Chairmen, when engaged in the work of the Council Commission between its sessions, and the expense, if any, of the committees, shall after approval by the Council Commission be submitted to the Director-General for consideration in the preparation of the general budget estimates of the Organization.

3. When adopted by the Conference as part of the general budget of the Organization, the budget of the Council Commission shall constitute the limits within which funds may be committed for purposes approved by the Conference.

4. All cooperative projects shall be submitted to the Council or the Conference of the Organization prior to implementation.

RULE XII

Participation by Observers

1. Participation of international organizations in the work of the Council Commission and the relations between the Council Commission and such organizations shall be governed by the relevant provisions of the Organization, as well as by the rules on relations with international organizations adopted by the Conference or Council of the Organization. All such relations shall be dealt with by the Director-General of the Organization.

2. Members and Associate Members of the Organization that are not members of the Council Commission may, upon their request, be represented by an observer at sessions of the Council Commission and its subsidiary bodies.

3. States that are not Members of the Council Commission, nor Members or Associate Members of the Organization, but are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency may, upon request, and with the approval of the Council of the Organization and of the General Fisheries Council Commission for the Mediterranean, attend sessions of the latter Council Commission and its subsidiary bodies in an observer capacity, in accordance with the Statement of Principles adopted by the Conference relating to the granting of observer status to nations.

4. Unless the Council Commission expressly determines otherwise, observers may attend the plenary meetings of the Council Commission and participate in the discussions at any technical committee sessions which they may be invited to attend. In no case will they be entitled to vote.

RULE XIII

Cooperative Projects

In the furtherance of cooperative projects provided for in Article III e) of the Agreement, and of studies undertaken outside the region referred to in the Preamble of the Agreement, arrangements may be made with governments that are not members of the Council Commission. All such arrangements shall be made by the Director-General of the Organization.

RULE XIV

Records, Reports and Recommendations

1. Summary records shall be made of each plenary meeting of the Council Commission and each committee meeting, and shall be distributed as soon as possible to the participants.

2. A summary shall be prepared of the proceedings of each session of the Council Commission and shall be published together with such reports of committees, technical papers and other documents as the Executive Committee may consider advisable.

3. At each session the Council Commission shall approve a report embodying its views, recommendations, resolutions and decisions, including, when requested a statement of minority views.

4. Subject to the provisions of Article V of the Agreement, the conclusions and recommendations of the Council Commission shall be transmitted to the Director-General of the Organization at the close of each session, who shall circulate them to Members of the Council Commission, nations and international organizations that were represented at the session and make them available to other Members and Associate Members of the Organization for their information.

5. Recommendations having policy, programme or financial implications for the Organization shall be brought by the Director-General to the attention of the Conference through the Council of the Organization for action.

6. Subject to the provisions of the preceding paragraph, the Chairman may request Members of the Council Commission to supply the Council Commission or the Director-General with information on action taken on the basis of recommendations made by the Council Commission.

RULE XV

Recommendations to Members

1. The Council Commission may take recommendations for action by Members on any matter pertaining to the functions described in Article III of the Agreement.

2. The Secretary shall receive on behalf of the Council Commission the replies of the Members in respect of such recommendations and shall prepare a summary and an analysis of such communications for presentation at the next session.

RULE XVI

Amendments to the Agreement

1. Proposals for the amendment of the Agreement as provided by Article X of the Agreement may be made by any Member in a communication addressed to the Secretary. The Secretary shall transmit to all Members and to the Director-General a copy of such proposals for amendment immediately upon their receipt.

2. No action on a proposal for the amendment of the Agreement shall be taken by the Council Commission at any session unless it has been included in the provisional agenda of the session.

RULE XVII

Suspension and Amendment of Rules

1. Subject to the provisions of the Agreement any of the foregoing Rules, other than Rules IV, V, X, paragraphs 3 and 4, XI, XII, XIV, paragraph 4, and XVI, may be suspended on the motion of any delegation by a majority of the votes cast at any plenary meeting of the Council Commission, provided that announcement is made at a plenary meeting of the Council Commission and copies of the proposal for suspension have been distributed to the delegations not less than forty-eight hours before the meeting at which action is to be taken.

2. Amendments of, or addition to, these Rules may be adopted on the motion of any delegation by a two-thirds majority of the Members of the Council Commission, at any plenary meeting of the Council Commission, provided an announcement is made at a plenary meeting and copies of the proposal for the amendment or addition have been distributed to delegations not less than twenty-four hours before the meeting at which action is to be taken.

3. The Executive Committee may propose amendments and additions to these Rules and such proposals may be considered at the next session of the Council Commission.

4. Any amendment to Rule XVI which may be adopted in accordance with the provisions of paragraph 2 of this Rule, shall not become effective until the next session of the Council Commission.

RULE XVIII

Official Languages

1. The official languages of the Council Commission shall be such languages of the Organization as the Council Commission itself may decide. The delegations may use any one of these languages at sessions and for their reports and communications. A delegation using a non-official language shall provide for interpretation into one of the official languages.

2. During the meetings, interpretation in one or more of the official languages will be provided by the Secretariat when requested by one of the delegates present.

3. Publications of reports and communications shall be in the language in which they are submitted and, when required by the Council Commission or the Executive Committee, abstracts in translation may be published.

ANNEX D

COMMITTEE ON AQUACULTURE

There shall be established a Committee on Aquaculture which shall:

(a) monitor development and trends of aquaculture practices in the region;

(b) oversee and guide work of the four networks created as a result of the activities of MEDRAP II and in particular by monitoring the progress, evaluating the proposed programmes of the various networks, and directing the work of the SIPAM network through the FAO Secretariat;

(c) seek additional support to complement the contribution of the institutions, which support the established networks, namely, CIHEAM, MAP-PAP/RAC and FAO, and to enhance the work of the four networks;

(d) carry out other duties related to aquaculture promotion and development that may be referred to it by the Council/Commission.

The Committee shall be open to all members of the Council/Commission.

SCIENTIFIC ADVISORY COMMITTEE

1. There shall be established a Scientific Advisory Committee which shall provide scientific information, data, or advice relating to the work of the Committee on Fisheries Management and the Council/Commission.

2. The Committee shall be open to all members of the Council/Commission. The members of the Committee shall be selected by the Members of the Council/Commission for a renewable term of two years.

3. The Committee may establish subregional groupings to analyze data and to advise the Committee on the state of shared and straddling resources in the subregion concerned.

4. The Committee shall provide independent advice on the technical and scientific bases for decisions concerning fisheries conservation and management, and in particular, it shall:

(1) assess information provided by members and relevant fisheries organisations or programmes on catches, fishing effort, and other data relevant to the conservation and management of fisheries;

(2) formulate advice to the Council/Commission or the Committee on Fisheries Management on the conservation and management of fisheries;

(3) identify cooperative research programmes and coordinate their implementation;

(4) undertake such other functions or responsibilities as may be conferred on it by the Council/Commission or the Committee on Fisheries Management.


1 In all of the Annexes, words shown as struck out are be be deleted and words shown in red are to be added. Text marked with an  * has already been considered at the Alicante meeting of GFCM. However, minor formal changes e.g., replacing "Council" with "Commission" have not been thus marked except for the first time such a change occurs.
2 The term "mariculture" was originally proposed at the Alicante meeting. However, the Secretariat has recommended the use of the term "aquaculture".