C 2003/INF/17 |
Thirty-second Session |
Rome, 29 November - 10 December 2003 |
MULTILATERAL TREATIES DEPOSITED WITH THE DIRECTOR-GENERAL |
(Status as at 31 August 2003) |
- Amendments to the Agreement approved by the FAO Council at its 113th Session in November 1997
- Amendments to the Convention approved by the 29th Session of the FAO Conference in November 1997
(a) Protocol amending the Convention, concluded at Paris on 10 July 1984
(b) Protocol to Amend Paragraph 2 of Article X of the Convention, concluded at Madrid on 5 June 1992
(a) Amendments to Articles VIII, XVII, XIX and XXI of the Convention, approved on 12 December 1985
(b) Amendment to Article XIII(1) of the Convention, approved on 12 December 1985
(c) Protocol of Termination of the Convention, concluded at Madrid on 19 July 1990
- Protocol to amend the Agreement, concluded at Panama on 17 July 1985
1. Under the provisions of Article XIV of the FAO Constitution, the Conference may "...approve and submit to Member Nations conventions or agreements concerning questions relating to food and agriculture" and the Council may "...approve and submit to Member Nations agreements concerning questions relating to food and agriculture which are of particular interest to Member Nations of geographical areas specified in such agreements...". In addition, the Council may approve and submit to Member Nations supplementary conventions or agreements designed to implement any convention or agreement which has come into force under the provisions referred to above.
2. Paragraph 5 of Rule XXI of the General Rules of the Organization, provides that "The Director-General shall report to the Conference whenever a convention, agreement, supplementary convention or agreement has, in accordance with its terms, come into force or ceased to be in force, or has been amended and the amendments come into force." The present document is being submitted in accordance with this requirement and reflects the status of conventions and agreements as of 31 August 2003.
3. In accordance with established practice, the Director-General is also reporting to the Conference on the status of: (1) conventions and agreements concluded outside the framework of FAO in respect of which the Director-General exercises depositary functions, and (2) the Convention on the Privileges and Immunities of the Specialized Agencies, the depositary of which is the Secretary-General of the United Nations.
4. The status of each convention and agreement shown in the present document is based on formal instruments and official notifications received by the Director-General. In a number of cases where treaties had either been explicitly extended, or were otherwise considered applicable to territories which have acceded to independence and become Member Nations of FAO, the Director-General has addressed communications to the States concerned with a view to ascertaining whether they considered themselves parties to the treaties in question. The data given in the present document will be updated in the light of the replies that may be received in response to these enquiries.
5. The conventions and agreements concluded under Article XIV of the FAO Constitution, as well as those treaties concluded outside the framework of FAO in respect of which the Director-General exercises depositary functions, are listed hereinafter in chronological order according to the dates on which they were concluded. In respect of each convention and agreement, the participants, in whose name the relevant action was effected (e.g. signature and deposit of an instrument of ratification, approval, accession, adherence or acceptance), appear in alphabetical order; the date underlined on the list is the date of receipt of the instrument which brought the treaty into force.
6. Part IV of this document sets out the status of the Convention on the Privileges and Immunities of the Specialized Agencies.
7. In pursuance of a recommendation of the FAO Conference at its Third Session (1947), an Agreement for the Establishment of the Indo-Pacific Fisheries Council (IPFC), was drawn up by the Governments concerned at Baguio in February 1948 and subsequently approved by the FAO Conference at its Fourth Session (November 1948).
8. The Agreement, in accordance with Article IX (now XI) thereof, came into force on 9 November 1948, date of receipt of the fifth instrument of acceptance. The Agreement was registered with the Secretariat of the United Nations on 28 January 1952 under No. 1615.
9. Amendments were approved by the FAO Conference at its Eleventh Session (November 1961). At its Seventeenth Session (1976), the IPFC reviewed the Agreement of 1948, by which it had been established, and adopted a series of amendments thereto which were approved by the FAO Council at its Seventy-second Session (November 1977). The amendments referred to in this paragraph entered into force for all the parties to the Agreement.
10. Amendments proposed by the Commission were approved by the FAO Council at its Hundred and Seventh Session (November 1994). They took effect immediately. The amendments consisted principally in the change of name of the Commission to read "Asia-Pacific Fishery Commission (APFIC)".
11. Amendments adopted by the Commission at its Twenty-fifth Session in October 1996 were approved by the FAO Council at its Hundred and Twelfth Session in June 1997. They took effect immediately. The scope of the amendments was to reinforce and update the terms of reference of the Commission.
Parties to the Agreement
12. The following participants deposited their instruments of acceptance on the corresponding date indicated:
Participant | Acceptance |
Australia | 10 Mar 1949 |
Bangladesh | 17 Jul 1974 |
Cambodia | 19 Jan 1951 |
China2 | 23 Jul 1993 |
France | 30 Jun 1948 |
India | 9 Nov 1948 |
Indonesia | 23 Mar 1950 |
Japan | 3 Oct 1952 |
Korea, Republic of | 19 Jan 1950 |
Malaysia | 15 Sep 1958 |
Myanmar | 7 Jan 1949 |
Nepal | 23 Mar 1978 |
Netherlands3 | 12 Nov 1948 |
New Zealand | 6 Sep 1966 |
Pakistan | 1 Aug 1949 |
Philippines | 23 Jul 1948 |
Sri Lanka | 21 Feb 1949 |
Thailand | 6 Oct 1948 |
United Kingdom | 28 Feb 1949 |
United States of America | 3 Sep 1948 |
Viet Nam | 3 Jan 1951 |
13. The Constitution of the International Rice Commission (IRC), which was approved in principle by the FAO Council in April 1948, was formally approved by the FAO Conference at its Fourth Session (November 1948).
14. In accordance with Article IX (now XIV), the Constitution of the Commission came into force on 4 January 1949. The Constitution of the IRC was registered with the Secretariat of the United Nations on 24 January 1952 under No. 1613.
15. Amendments were approved by the FAO Conference at its Eleventh Session (1961). At a Special Session (November 1973), the IRC adopted further amendments to its Constitution, which were approved by the FAO Council at its Sixty-second Session (November 1973). The amendments referred to in this paragraph entered into force for all the parties to the Constitution.
Parties to the Constitution
16. The following participants deposited their instruments of acceptance on the corresponding date indicated:
Participant |
Acceptance |
Australia | 1 Jul 1953 |
Bangladesh | 12 Feb 1980 |
Benin | 22 Nov 1984 |
Brazil | 21 Aug 1964 |
Burkina Faso | 19 Nov 1973 |
Cambodia | 16 Jul 1951 |
Cameroon | 8 Nov 1984 |
Chad | 22 Sep 1994 |
Colombia | 6 Sep 1968 |
Cuba | 10 Jan 1949 |
Dem. Republic of the Congo | 8 Mar 1996 |
Dominican Republic | 29 Mar 1951 |
Ecuador | 6 Sep 1948 |
Egypt | 29 Nov 1948 |
France | 10 Aug 1948 |
Gambia | 4 Feb 1974 |
Ghana | 8 Mar 1968 |
Greece | 16 May 1991 |
Guatemala | 23 Oct 1964 |
Guinea | 22 Nov 1984 |
Guyana | 24 Jan 1967 |
Haiti | 10 Aug 1972 |
Hungary | 21 Mar 1995 |
India | 12 Oct 1948 |
Indonesia | 15 Mar 1950 |
Iran, Islamic Republic of | 30 Sep 1954 |
Italy | 6 Oct 1948 |
Japan | 28 Apr 1952 |
Kenya | 4 Nov 1974 |
Korea, Republic of | 21 Nov 1953 |
Lao People's Democratic Republic | 21 Jul 1954 |
Liberia | 19 Jul 1966 |
Madagascar | 27 Oct 1966 |
Malaysia | 15 Sep 1958 |
Mali | 4 Jun 1963 |
Mauritania | 29 Apr 1985 |
Mexico | 17 Dec 1948 |
Mozambique | 21 Jul 1995 |
Myanmar | 29 Nov 1948 |
Nepal | 11 Jul 1967 |
Netherlands | 12 Nov 1948 |
Nicaragua | 10 Dec 1968 |
Nigeria | 13 Nov 1961 |
Pakistan | 5 Oct 1948 |
Panama | 26 May 1975 |
Paraguay | 20 Apr 1950 |
Peru | 23 Aug 1991 |
Philippines | 4 Jan 1949 |
Portugal | 9 Dec 1954 |
Rwanda | 17 Jun 2002 |
Senegal | 8 Jul 1985 |
Sierra Leone | 22 Sep 1964 |
Sri Lanka | 27 Sep 1948 |
Suriname | 10 Jun 1985 |
Thailand | 1 Nov 1948 |
Turkey | 2 Aug 1991 |
United Kingdom | 28 Feb 1949 |
United States of America | 28 Feb 1949 |
Uruguay | 4 Apr 1968 |
Venezuela | 27 Nov 1961 |
Viet Nam | 13 Jun 1951 |
17. The Agreement for the Establishment of a General Fisheries Commission for the Mediterranean (GFCM) was approved by the FAO Conference at its Fifth Session (November 1949).
18. In accordance with Article IX (now XII), the Agreement came into force on 20 February 1952, date of receipt of the fifth instrument of acceptance. The Agreement was registered with the Secretariat of the United Nations on 5 April 1952 under No. 1691.
19. Amendments were approved by the Twelfth Session of the FAO Conference (1963). At its Thirteenth Session (July 1976), the GFCM adopted further amendments to the Agreement. The amendments to the Agreement were approved by the Seventieth Session of the FAO Council (December 1976). The amendments referred to in this paragraph entered into force for all the parties to the Agreement.
Parties to the Agreement
20. The following participants deposited their instruments of acceptance on the corresponding date indicated:
Participant |
Acceptance |
Algeria | 11 Dec 1967 |
Albania | 10 Apr 1991 |
Bulgaria4 | 3 Nov 1969 |
Croatia | 22 May 1995 |
Cyprus | 10 Jun 1965 |
Egypt | 19 Feb 1951 |
European Community | 25 Jun 1998 |
France | 8 Jul 1952 |
Greece | 7 Apr 1952 |
Israel | 20 Feb 1952 |
Italy | 29 May 1950 |
Japan | 12 Jun 1997 |
Lebanon | 14 Nov 1960 |
Libyan Arab Jamahiriya | 13 May 1963 |
Malta | 29 Apr 1965 |
Monaco | 14 May 1954 |
Morocco | 17 Sep 1956 |
Romania | 19 Feb 1971 |
Serbia and Montenegro5 | 27 Apr 1992 |
Slovenia | 25 May 2000 |
Spain | 19 Oct 1953 |
Syrian Arab Republic | 12 Dec 1975 |
Tunisia | 22 Jun 1954 |
Turkey | 6 Apr 1954 |
United Kingdom6 | 20 Nov 1950 |
21. Declarations and Reservations
Bulgaria
(Reservation made upon acceptance):
"The People's Republic of Bulgaria will not consider itself bound by the decisions of the International Court of Justice with respect to disputes referred to the latter, in accordance with Article XIII of the Agreement, without the consent of the Government of the People's Republic of Bulgaria being given with regard to the specific dispute."7
22. At its Twenty-second Session held in Rome from 13 to 16 October 1997, the GFCM adopted two sets of amendments which were approved by the FAO Council at its Hundred and Thirteenth Session (4-6 November 1997). The first set of amendments concerned changes, inter alia, to allow for regional economic integration organizations that are Members of FAO to become members of the General Fisheries Council for the Mediterranean and to change the name of GFCM into "General Fisheries Commission for the Mediterranean". These amendments came into force upon the concurrence of the FAO Council and did not involve any further procedure for acceptance. The second set of amendments which provide for new obligations for the Contracting Parties require formal acceptance from the Parties. Such amendments will come into force only on their acceptance by two-thirds of the members of the Commission and thereafter for each Member on its acceptance thereof.
23. The following participants deposited their instruments of acceptance on the corresponding date indicated:
Participant |
Acceptance |
Cyprus | 3 Aug 2000 |
European Community | 27 Jul 2000 |
France | 30 Oct 2002 |
Greece | 29 Aug 2002 |
Italy | 23 Aug 2000 |
Malta | 23 Dec 1999 |
Monaco | 12 Jun 2001 |
Serbia and Montenegro8 | 8 Jan 2003 |
Spain | 15 Feb 2002 |
Tunisia | 30 Jun 2003 |
Turkey | 5 Jun 2000 |
_____________________________
1 The Commission was first designated as the Indo-Pacific Fisheries Council. At its Seventeenth Session in 1976, the Council adopted the title "Indo-Pacific Fishery Commission". The relevant amendment to the Agreement was approved by the FAO Council in 1977. The present designation was adopted by the Commission at its Twenty-fourth Session in 1993. The relevant amendment to the Agreement was approved by the FAO Council at its Hundred and Seventh Session in 1994.
2 The Agreement applies to the Hong Kong Special Administrative Region of China (letters from the Permanent Representative of China to FAO to the Director-General of 19 June 1997 and 25 June 1997).
3 On 1 March 1974, the Director-General received a notification of withdrawal from the Netherlands. In accordance with paragraph 1, Article XII (now XIII) of the Agreement, the notification of withdrawal became effective three months from the date of its receipt by the Director-General.
4 Acceptance effected under the procedure provided for in paragraph 4, Rule XXI of the General Rules of the Organization, subject to the deposit of a formal instrument of acceptance. The formal instrument was deposited with the Director-General on 3 July 1972.
5 On 8 January 2003, the Director-General received a notification of succession from the Federal Republic of Yugoslavia, as a successor State of the Socialist Federal Republic of Yugoslavia. The Federal Republic of Yugoslavia is considered a party to the GFCM as of 27 April 1992, date on which the Federal Republic of Yugoslavia assumed responsibility for its international relations. Subsequently, on 6 February 2003, the Director-General received a further notification informing him that the name Federal Republic of Yugoslavia has been changed to Serbia and Montenegro.
6 The United Kingdom, which had become a Party to the Agreement on 20 November 1950, deposited a notification of withdrawal on 25 March 1968. In accordance with paragraph 1, Article XII of the Agreement, the notification of withdrawal became effective three months from the date of its receipt by the Director-General.
7 Article XIII referred to is now Article XV.
8 See footnote 5.