Agreement for the Establishment of a General Fisheries Council for the Mediterranean (1949)

Adopted at Rome on 24 September 1949

As amended by the First Special Session of the Council, Rome, 21-22 May 1963

[  The text printed herein shows the changes resulting from the   ]
[  amendments adopted on 22 May 1963 by the General Fisheries     ]
[  Council for the Mediterranean at its first Special Session,    ]
[  held at Rome, 21-22 May 1963, and approved on 3 December 1963  ]
[  by Resolution no. 39/63 of the twelfth Session of the Confe-   ]
[  rence of the Food and Agriculture Organization of the United   ]
[  Nations from 16 November to 5 December 1963. The words which   ]
[  have been deleted by the above amendments are reproduced in    ]
[  brackets.                                                      ]

PREAMBLE

The [Governments of France, Greece, Italy, Lebanon, Turkey, the United Kingdom, Yugoslavia, Members of the Food and Agriculture Organization of the United Nation] Contracting Governments having a mutual interest in the development and proper utilization of the resources of the Mediterranean and contiguous waters, and desiring to further the attainment of their objectives through international cooperation which would be furthered by the establishment of a General Fisheries Council for the Mediterranean, agree as follows:

 

Article I

THE COUNCIL

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

2. The Members of the Council shall be [the Governments] such Member Nations and Associate Members of the Organization and such non-member Nations of the Organization that are Members of the United Nations, which accept this Agreement in accordance with the provisions of Article [VIII] IX below, it being understood that these provisions shall not affect the membership status in the Council of such nations that are not Members of the United Nations 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 [Governments] shall be represented at sessions of the Council by one delegate, who may be accompanied by an alternate and by experts and advisers. Participation in meetings of the Council by alternates, experts, and advisers shall not entail the right to vote, except in the case of an alternate who is acting in the place of a delegate during his absence.

2. Each Member [Governments] shall have one vote. Decisions of the Council shall be taken by a [simple] majority of the votes cast, except as otherwise provided by this Agreement. A majority of the total membership of the Council shall constitute a quorum.

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

[4. The Council shall determine the frequency, dates, and place of its sessions, from such committees as it deems desirable, and establish rules governing its procedure.]

[5. The Chairman shall call a session of the Council at least once a year, unless directed otherwise by a majority of the Member Governments. The initial session shall be called by the Food and Agriculture Organization of the United Nations within six months after the entry into force of this Agreement and at such place as it may designate.]

4. The Chairman of the Council shall normally convene a regular session of the Council 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 in consultation with the Director-General of the Organization.

[6.]5. The seat of the Council shall be at the [seat of the European Regional Office of the Food and Agriculture Organization of the United Nations now at] Headquarters of the Organization in Rome [Italy].

[7.]6. The [Food and Agriculture Organization of the United Nations] shall provide the Secretariat for the Council [.] and the Director- General shall appoint its Secretary, who shall be administratively responsible to him.

7. The Council may, by a two-thirds majority of its membership, adopt and amend its own Rules of Procedure which shall be consistent with the General Rules of the Organization. The Rules of the Council and any amendments thereto shall come into force as from the date of approval by the Director-General of the Organization, subject to confirmation by the Council of the Organization.

 

Article III

COMMITTEES, WORKING PARTIES AND SPECIALISTS

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

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

3. The Council 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 I 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 shall have before it a report from the Director-General of the Organization on the administrative and financial implications thereof:

 

Article [III] IV

FUNCTIONS

The Council shall have the following functions and responsibilities:

a) To formulate all oceanographical and technical aspects of the problems of development and proper utilization of aquatic resources.

b) To encourage and co-ordinate research and the application of improved methods employed in fishery and allied industries with a view to the utilization of aquatic resources.

c) To assemble, publish, or [otherwise] disseminate all oceanographical and technical information relating to aquatic resources;

d) To recommend to Members [Governments] such national and international research and development projects as may appear necessary or desirable to fill gaps in such knowledge;

e) To undertake, where appropriate, cooperative research and development projects directed to this end;

f) To propose, and where necessary to adopt measures to bring about the standardization of scientific equipment, techniques, and nomenclature;

g) To make comparative studies of [the] fishery legislation [of different countries] with a view to making recommendations to its Members [Governments] respecting the greatest possible coordination;

h) To encourage research into the hygiene and prevention of occupational diseases of fishermen;

i) To extend its good of offices in assisting Member(s) [Governments] to secure essential materials and equipment;

j) To report upon such questions relating to all oceanographical and technical problems as may be recommended to it by Members [Governments] or by the [Food and Agriculture] Organization [of the United Nations] and, if it thinks proper to do so, by other international, national, or private organizations with related interests;

[To report annually upon its activities to Member Governments and to the Conference of the Food and Agriculture Organization of the United Nations; and to make such other reports to the Food and Agriculture Organization of the United Nations on matters falling within the competence of the Council as may seem to it necessary and desirable.]

k) To transmit, every two years, to the Director-General of the Organization, a report embodying its views, recommendations and decisions, and make such other reports to the Director-General of the Organization as may seem to it necessary or desirable. Reports of the committees and working parties of the Council provided for in Article III of this Agreement shall be transmitted to the Director-General of the Organization through the Council.

 

Article [IV] V

[AREA] REGION

The Council shall carry out the functions and responsibilities set forth in Article [III] IV in the [Mediterranean waters as they are geographically described. If, however, the Council contemplates studies outside this area, it shall make the necessary arrangements with the governments and organizations concerned, in conformity with paragraph (j) of Article III] region as referred to in the Preamble.

 

Article [V] VI

CO-OPERATION WITH INTERNATIONAL ORGANIZATIONS

[ I .] The Council shall co-operate closely with other international organizations in matters of mutual interest.

[2. The Council shall, if it so deems opportune and useful, entrust to the international bodies referred to above, those responsibilities set forth in Article III which are of a scientific nature.]

 

Article [VI] VII

EXPENSES

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

2. The expenses of the Secretariat, including publications and communications and the expenses incurred by the Chairman and Vice- Chairman of the Council when performing duties on behalf of the Council between Council sessions, shall be determined and paid by the [Food and Agriculture] Organization [of the United Nations] within the limits of [an annual budget prepared and approved in accordance with the current regulations of that Organization] 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, whether independently or upon recommendation of the Council, shall be determined and paid by the governments concerned.

4. The expenses incurred in connection with cooperative research or development projects undertaken in accordance with the provisions of Article [III] IV, paragraphs (d) and (e) unless otherwise available shall be determined and paid by the Members [Governments] 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 co-operative projects shall be paid into a trust fund to be established by the Organization and shall be administered by the Organization in, accordance with the Financial Regulations and rules of the Organization.

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

 

Article [VII] VIII

AMENDMENTS

[Any amendment to this Agreement shall require the approval of a two- thirds majority of all the Members of the Council. An exception to this rule is made in the following cases:

a) Amendments to this Agreement enlarging the functions of the Council require the approval of the Conference of the Food and Agriculture Organization of the United Nations in addition to approval by a two- thirds majority of all the Members of the Council;

b) Amendments to the Agreement enlarging the powers of the Council to incur expenses to be borne by the Food and Agriculture Organization of the United Nations, shall require the approval of a two-thirds majority of all the Members of the Council and of the District-General of the Food and Agriculture Organization of the United Nations.]

The General Fisheries Council for the Mediterranean may amend this Agreement by a two-thirds majority of all the Members of this Council, any amendment becoming effective only after concurrence of the Council of the Organization unless the later considers it desirable to refer the amendment to the Conference of the Organization for approval. An amendment shall become effective as from the date of the decision of the Council or Conference of the Organization, as appropriate. However, any amendment involving new obligations for Members shall come into force with respect to each Member only on acceptance of it by that Member. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General of the Organization who shall inform all the Members of the General Fisheries Council for the Mediterranean, as well as the Secretary-General of the United Nations, of the receipt of acceptances and the entry into force of such amendments. The rights and obligations of any member of the General Fisheries Council 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.

 

Article [VIII] IX

ACCEPTANCE

1. This Agreement shall be open to acceptance by [Governments which are Members of the Food and Agriculture Organization of the United Nations] Member Nations or Associate Members of the Organization.

[2. This Agreement shall also be open to acceptance by governments which are not members of the Food and Agriculture Organization of the United Nations with the approval of its Conference and of two-thirds of the Members of the Council. Participation by such governments in the activities of the Council shall be contingent upon the assumption of a proportionate share in the expenses of the Secretariat, as determined by the Council and approved by the Conference of the Food and Agriculture Organization.]

2. The Council may, by a two-thirds majority of its membership, admit to membership such other nations that are Members of the United Nations 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. The notifications of acceptance of this Agreement shall be deposited with the Director-General of the Food and Agriculture Organization of the United Nations, who shall immediately inform all the governments concerned of their receipt.]

3. Participation in the activities of the Council by Members of the Council which are not Members or Associate Members 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 Nation or Associate Member of the Organization shall be effected by the deposit of an instrument of acceptance with the Director-General of the Organization and shall take effect on receipt of such instrument by the Director- General.

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 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, all Member 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. The Director-General of the Organization shall notify forthwith all Members of the Council of any reservations. Members of the Council not having replied within three months from the date of the notification shall be deemed to have accepted the reservation. Failing such approval, the Nation making the reservation shall not become a party to this Agreement.

 

Article [IX] X

ENTRY INTO FORCE

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

[2. Notifications of acceptance received after the entry into force of this Agreement shall take effect on the date of their receipt by the Director-General of the Food and Agriculture Organization of the United Nations who shall immediately inform all the governments concerned and the Council of their receipt.]

 

Article XI

TERRITORIAL APPLICATION

The Members of the Council shall, when accepting this Agreement, state explicitly to which territories their participation shall extend. In the absence of such a declaration, participation shall be deemed to apply to all the territories for the international relations of which the Member is responsible. Subject to the provisions of Article XII below the scope of the territorial application may be modified by a subsequent declaration.

 

Article [X] XII

WITHDRAWAL

1. Any Member Government may [denounce] 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 [Government]Member, by giving written notice of its withdrawal to the Director-General of the [Food and Agriculture] Organization [of the United Nations] who shall immediately inform all the [governments concerned and] Members of the Council and the Member Nations 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 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 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 is responsible, with the exception of Associate Members.

3. Any Member of the Council that gives notice of withdrawal from the Organization shall be deemed to have simultaneously withdrawn from the Council, and this withdrawal shall be deemed to apply to all the territories for the international relations of which the Member concerned is responsible, except that such withdrawal shall not be deemed to apply to an Associate Member.

 

Article XII

INTERPRETATION AND SETTLEMENT OF DISPUTES

Any disputes regarding the interpretation or application of this Agreement, if not settled by the Council, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairman chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter 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 Council of Justice in accordance with the Status of the Court, unless the parties to the dispute agree to another method of settlement.

 

Article XIV

TERMINATION

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

 

Article XV

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 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. 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 have or may become parties to this Agreement.

[Drafted at Rome this twenty-fourth day of September one thousand nine hundred and forty-nine, in the French language, in a single copy which shall be deposited in the archives of the Food and Agriculture Organization of the United Nations, which shall furnish certified copies thereof to the Member Governments of the Food and Agriculture Organization of the United Nations.]