Expert Workshop on the FAO Compliance Agreement to bolster flag State responsibilities
The Food and Agriculture Organization of the United Nations (FAO) held an expert workshop on the FAO Compliance Agreement in Paris, France on 29-30 April 2024.
The workshop, attended by 18 experts in their personal capacities, represented diverse legal and technical backgrounds of regional fisheries management organizations (RFMOs), fisheries administrations across different regions, academia, intergovernmental organizations (IGOs) and international adjudicative body.
Experts reviewed the Study on the Implementation of the 1993 FAO Compliance Agreement and thoroughly discussed ways to strengthen the implementation and effectiveness of the FAO Compliance Agreement to bolster the performance of flag States in fulfilling their responsibilities to monitor and control fishing vessels engaged in fishing operations on the high seas.
During the workshop, experts stressed that flag State responsibility is still the cornerstone and a vital issue for sustainable management of living marine resources on the high seas. They reiterated the relevance the FAO Compliance Agreement still has today, as the only international binding fisheries agreement that solely focuses on and establishes fundamental rules on flag State responsibilities.
To allow for enhancing the effectiveness of the Compliance Agreement and eventually reinforcing flag State responsibility and performance, experts suggested consideration to be built on developments brought by international fisheries instruments that came after the Compliance Agreement and RFMO practices, and utilize avenues such as the Global Record Informal Open-Ended Technical and Advisory Working Group, compliance committee of RFMOs and assessment of flag State performance conducted by RFMOs to identify the most prominent shortcomings in flag State performance.
Experts also noted the inherent deficiency of the Compliance Agreement, i.e. of all 17 FAO Article XIV Agreement, the Compliance Agreement as the only one that lacks an institutional basis to allow for Parties to monitor its implementation and effectiveness that greatly hinders the Agreement’s ability to adapt to address emerging issues.
The expert workshop was funded by the European Union through the project of Follow-up Action to the 35th FAO Committee on Fisheries (GCP/GLO/1111/EC) and hosted by the Government of France.