Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2012-1288 of 22 November 2012 authorizing the ratification of the Fisheries Agreement in the South of the Indian Ocean;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 96-774 of 30 August 1996 publishing the United Nations Convention on the Law of the Sea (a set of nine annexes), signed at Montego Bay on 10 December 1982, and the Agreement relating to the Application of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, made in New York on 28 July 1994 (a consolidated annex);
Vu le Decree No. 2004-215 of 8 March 2004 issuing the agreement for the purposes of the application of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (two annexes), made in New York on 4 December 1995 and signed by France on 4 December 1996,
Decrete:
The Agreement on Fisheries in the South of the Indian Ocean, signed in Rome on 7 July 2006, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D
IN THE SOUTH OF INDIAN OCEAN
CONTRACTING PARTIES
ARE A COMMON INTEREST in the proper management, long-term conservation and sustainable use of the fishing resources of the south of the Indian Ocean and wishing to facilitate the achievement of their objectives through international cooperation;
RECORD OF THE FACT that coastal States have waters under national jurisdiction in accordance with the United Nations Convention on the Law of the Sea of 10 December 1982 and the general principles of international law under which they exercise their sovereign rights for the purposes of exploration, exploitation, conservation and management of fishing resources and the conservation of living marine resources on which fishing has an impact;
RECALLING the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982; of the Agreement for the Purpose of the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks of 1995
OVERVIEW BY AILLEURS the provisions of Article 17 of the Agreement for the purposes of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks, and the need for those States that are in conflict with
REQUESTS the economic and geographic considerations and the special needs of developing States, in particular the least developed of them and small island developing States, and their coastal populations, for the equitable benefit of fisheries resources;
WHEREAS cooperation between coastal States and all other States, organizations and fishing entities having an interest in the fisheries resources of the south of the Indian Ocean with a view to establishing compatible conservation and management measures;
WHEREAS ESPRIT that the achievement of the above objectives will contribute to the realization of a just and equitable economic order in the interests of all humanity, and in particular in the interest and special needs of developing States, in particular the least developed of them and small island developing States;
CONTAINED that the conclusion of a multilateral agreement for the long-term conservation and sustainable use of fishing resources in the south of the Indian Ocean in waters beyond areas under national jurisdiction will best serve these objectives;
ASSESSMENT OF THAT WHO ITS:
Article 1
Definitions
For the purposes of this Agreement:
(a) The United Nations Convention on the Law of the Sea of 10 December 1982 is defined by the Convention of 1982;
(b) The Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 December 1995 is defined as the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982;
(c) The area to which this Agreement applies, as defined in Article 3, is defined by "area";
(d) The Code of Conduct means the Code of Conduct for Responsible Fisheries adopted on 31 October 1995 by the 28th session of the Food and Agriculture Organization of the United Nations Conference;
(e) "Contracting Party" means any State or regional economic integration organization that has consented to be bound by this Agreement and in respect of which/to which the Agreement is in force;
(f) Fish, molluscs, crustaceans and any other sedentary species evolving in the Area are defined as:
(i) sedentary species under the fishing jurisdiction of coastal States under Article 77 (4) of the 1982 Convention;
(ii) the highly migratory species listed in Annex I to the 1982 Convention;
(g) "fishing" means:
(i) the research, capture, capture or harvest of fishing resources or any attempt made for such purposes;
(ii) the practice of any activity that can reasonably be expected to result in the location, capture, capture or harvest of fish resources, whatever the purpose, including scientific research;
(iii) the establishment, research or recovery of any fish resource concentration or related equipment, including radio beacons;
(iv) any operation at sea performed to assist or prepare any activity described in this definition, except for emergency operations where the health or safety of crew members or the safety of a ship are at stake; or
(v) the use of an aircraft in connection with any activity described in this definition, with the exception of emergency flights where the health or safety of crew members or the safety of a ship are at stake;
(h) "fishing entity" means a fishing entity as referred to in Article 1(3) of the 1995 Agreement;
(i) "fishing ship" means any vessel used or intended to be used for fishing, including mother vessels, any other ship directly engaged in fishing operations and any vessel engaged in trans-shipment;
(j) The term "nationals" includes natural persons and legal persons;
(k) "Regional Economic Integration Organization" means a regional economic integration organization to which its Member States have transferred competences on matters covered by this Agreement, including the power to make mandatory decisions for its Member States on these matters;
(l) "trans-shipment" means the unloading of all or part of the fishing resources held on board a fishing vessel on another fishing vessel located at sea or in a harbour.
Article 2
Objectives
The purpose of this Agreement is to ensure the long-term conservation and sustainable use of fisheries resources in the Area through cooperation between Contracting Parties and to promote the sustainable development of fisheries in the Area, taking into account the needs of developing States bordering the Area that are Contracting Parties to this Agreement, in particular the least developed of them and small island developing States.
Article 3
Application area
1. This Agreement applies to the Area delimited by a line linking the following points along latitude parallels and longitude meridians to the exclusion of waters under national jurisdiction:
"From the coast of the African continent at its intersection with the parallel 10° North; from there to the east along this parallel to its intersection with the meridian 65° East; from there to the south along this meridian to its intersection with the equator; from there to the east along the equator to its intersection with the meridian 80° East; from there to the south along this meridian to its intersection with the parallel 20° South; from there to the east along this parallel to the coast of the Australian continent; from there to the south, then east along the Australian coast to its intersection with the meridian 120° East ; from there south along this meridian to its intersection with the parallel 55° South ; from there west along this parallel to its intersection with the meridian 80° East ; from there north along this meridian to its intersection with the parallel 45° South ; from there west along this parallel to its intersection with the meridian 30° East; from there north along this meridian to its intersection with the coast of Africa. »
2. If, for the purposes of this Agreement, it is necessary to determine the position of a point, line or area on the surface of the Earth, this position will be established by reference to the International Terrestrial Reference System, held by the International Earth Rotation Service, which, for most practical applications, is equivalent to the 1984 Global Geodesic System (WGS84).
Article 4
General principles
When fulfilling their duty of cooperation, as provided for in the 1982 Convention and international law, Contracting Parties shall apply, in particular, the following principles:
(a) measures to ensure the long-term conservation of fisheries resources are adopted on the basis of the best available scientific data, taking into account the need to ensure the sustainable use of these resources and to implement an ecosystem approach in their management;
(b) measures are taken to ensure that the level of fishing activities is consistent with the sustainable use of fisheries resources;
(c) the precautionary approach is applied in accordance with the Code of Conduct and the 1995 Agreement under which the absence of adequate scientific information cannot be invoked to repel or renounce the adoption of conservation and management measures;
(d) Fisheries resources are managed in such a way as to maintain them at levels that enable the production of maximum sustainable yield, and reconstitute the stocks of impoverished fish resources up to these levels;
(e) fishing practices and management measures take due account of the need to minimize the harmful effects that fishing activities may have on the marine environment;
(f) the biodiversity of the marine environment is protected; and
(g) the special needs of developing States bordering the Area that are Contracting Parties to this Agreement, in particular the least developed of them and small island developing States, are fully recognized.
Article 5
Meeting of the Parties
1. The Contracting Parties shall meet periodically to consider issues relating to the implementation of this Agreement and to take all decisions on these matters.
2. The Regular Meeting of the Parties shall be held at least once a year, unless the Meeting decides otherwise and, to the extent possible, in coordination with the meetings of the Fisheries Commission for the South-West Indian Ocean. Contracting Parties may also hold special sessions when deemed necessary.
3. The Meeting of the Parties shall adopt and amend, by consensus, its own rules of procedure and that of its subsidiary bodies.
4. The Meeting of the Parties shall consider, at its first meeting, the adoption of a budget to finance the holding of the Meeting of the Parties and the exercise of its functions, and the accompanying financial regulations. The Financial Regulations set out the criteria for determining the amount of the contribution of each of the Contracting Parties to the budget, taking due account of the economic situation of the Contracting Parties that are developing States, in particular the least developed of them and the small island developing States, and ensuring that the Contracting Parties that benefit from the fisheries in the Area take appropriate account of the budget.
Article 6
Functions of the Meeting of the Parties
1. The Meeting of the Parties:
(a) follows the state of fish resources, including their abundance and level of exploitation;
(b) Encourages and, where appropriate, coordinates research activities on fisheries resources and straddling stocks in waters under national jurisdiction adjacent to the Area, including on harvesting and the impact of fishing on the marine environment;
(c) assesses the impact of fishing on fisheries resources and on the marine environment, taking into account the environmental and oceanographic characteristics of the area, other human activities and environmental factors;
(d) formulate and adopt the necessary conservation and management measures to ensure the long-term sustainability of fisheries resources, taking into account the need to protect the biodiversity of the marine environment, based on the best available scientific data;
(e) adopt the minimum international standards generally recommended for the responsible conduct of fishing operations;
(f) develop rules for the collection and verification of scientific and statistical data and for the communication, publication, dissemination and use of such data;
(g) Encourages cooperation and coordination among Contracting Parties to ensure that conservation and management measures for straddling stocks in waters under national jurisdiction adjacent to the Area are consistent with the measures adopted by the Meeting of the Parties with respect to fisheries resources;
(h) develop rules and procedures for the monitoring, monitoring and monitoring of fishing activities in order to ensure compliance with the conservation and management measures adopted by the Meeting of the Parties, including, where appropriate, an audit system including the monitoring and observation of vessels and the rules for the regulation and inspection of vessels operating in the Area;
(i) develop and monitor the implementation of measures to prevent, counter and eliminate illegal, unreported and unregulated fishing;
(j) in accordance with international law and any applicable instrument, draws the attention of any non-contracting Party to any activity that compromises the achievement of the objectives of this Agreement;
(k) establish the criteria and rules governing participation in fishing; and
(l) perform any other tasks and functions necessary to achieve the objectives of this Agreement.
2. When setting the criteria for participation in fishing, including the allocation of total allowable capture or the total level of fishing effort, Contracting Parties shall consider, inter alia, international principles such as those contained in the 1995 Agreement.
3. In implementing the provisions of paragraph 2, Contracting Parties may, inter alia:
(a) determine annual quota allocations or limitation of fishing effort for Contracting Parties;
(b) allocate quantities of capture for scientific exploration and research; and
(c) to reserve fishing opportunities for non-contracting Parties to this Agreement, if necessary.
4. The Meeting of the Parties, subject to approved rules, revises the quotas and limitations of the fishing effort allocated to Contracting Parties and the participation in fishing opportunities of non-contracting Parties, taking into account, inter alia, information on the implementation by Contracting and non-contracting Parties of the conservation and management measures adopted by the Meeting of the Parties.
Article 7
Subsidiary bodies
1. The Meeting of the Parties shall establish a Standing Scientific Committee, which shall meet at least once a year, unless the Meeting of the Parties decides otherwise, and preferably before it, in accordance with the following provisions:
(a) The Scientific Committee has the following functions:
(i) conduct the scientific assessment of fishing resources and the impact of fishing on the marine environment, taking into account the environmental and oceanographic characteristics of the Area and the results of scientific research;
(ii) encourage and promote cooperation in the field of scientific research in order to better know the state of fisheries resources;
(iii) provide the Meeting of the Parties with scientific advice and recommendations for the development of the conservation and management measures referred to in Article 6.1(d);
(iv) provide advice and recommendations to the Meeting of the Parties for the development of measures for the monitoring of fishing activities;
(v) provide the Meeting of the Parties with scientific advice and recommendations on appropriate standards and format for the collection and exchange of fisheries data; and
(vi) any other scientific function that the Meeting of the Parties may decide;
(b) when developing advice and recommendations, the Scientific Committee shall consider the activities of the Fisheries Commission for the south-west of the Indian Ocean, as well as those of other relevant research organizations and regional fisheries management organizations.
2. The Meeting of the Parties shall establish an Implementation Committee, whose function is to verify the effective implementation and compliance with the measures referred to in Article 6, as soon as these measures have been taken. The Implementation Committee shall meet in accordance with the terms and conditions set out in the Rules of Procedure, together with the Meeting of the Parties, and shall report on its work to the Meeting of the Parties and provide advice and recommendations.
3. The Meeting of the Parties may also, as appropriate, establish temporary, special or permanent committees to consider and report on issues related to the achievement of the objectives of this Agreement, as well as working groups to consider and make recommendations on specific technical issues.
Article 8
Decision-making
1. Unless otherwise provided by this Agreement, the decisions of the Meeting of the Parties and its subsidiary bodies concerning substantive matters shall be taken by consensus among the Contracting Parties present. There is consensus when no formal objection is made at the time the decision is taken. The question of whether a question is a substantive issue is itself treated as a substantive issue.
2. Decisions on matters other than those referred to in paragraph 1 shall be made by a simple majority of Contracting Parties present and voting.
3. Decisions adopted by the Meeting of the Parties are binding on all Contracting Parties.
Article 9
Secretariat
The Meeting of the Parties shall adopt arrangements for the provision of secretariat services or the establishment of a Secretariat to perform the following functions:
(a) implement and coordinate the administrative provisions of this Agreement, including the compilation and distribution of the official report of the Meeting of the Parties;
(b) take a full account of the deliberations of the Meeting of the Parties and its subsidiary bodies and a complete record of any other official documents relating to the implementation of this Agreement; and
(c) any other function that the Meeting of the Parties may decide.
Article 10
Obligations of Contracting Parties
1. Each Contracting Party, with respect to its activities within the Area:
(a) Quickly implement this Agreement and any measures or matters relating to the conservation, management or other matters that may be agreed upon by the Meeting of the Parties;
(b) takes the necessary steps to ensure the effectiveness of the measures adopted by the Meeting of the Parties;
(c) collect and exchange scientific, technical and statistical data on fisheries resources and ensure:
(i) that the data collected is sufficiently detailed to allow for an effective stock assessment and are communicated in a timely manner to meet the requirements set out in the rules adopted by the Meeting of the Parties;
(ii) that appropriate measures are taken to verify the accuracy of these data;
(iii) that statistical, biological and other data and information as deemed necessary by the Meeting of the Parties shall be provided annually; and
(iv) that information on measures taken to implement conservation and management measures adopted by the Meeting of the Parties is provided in a timely manner.
2. Each Contracting Party shall transmit to the Meeting of the Parties a report on the implementation and compliance measures, including the imposition of sanctions in the event of an offence, which it has taken under this Article and, in the case of coastal States that are Contracting Parties to this Agreement, concerning the conservation and management measures that they have adopted for straddling fish stocks in waters under their jurisdiction adjacent to the Area.
3. Without prejudice to the primacy of the responsibility of the flag State, each Contracting Party shall take measures or cooperate, to the greatest extent possible, to ensure that its nationals and fishing vessels owned or controlled by them, fishing in the Area comply with the provisions of this Agreement and the conservation and management measures adopted by the Meeting of the Parties.
4. At the request of any other Contracting Party, each Contracting Party shall, to the extent possible and when it has the necessary information, conduct an investigation of any serious offence alleged under the 1995 Agreement committed by its nationals or by the fishing vessels owned or controlled by them, the provisions of this Agreement or the conservation and management measures adopted by the Meeting of the Parties. A response, including information on any action taken or proposed in relation to the alleged offence, shall be transmitted as soon as possible to all Contracting Parties and in any case not later than two (2) months after the filing of the application. A report on the results of the investigation is submitted to the Meeting of the Parties at the end of the investigation.
Article 11
Obligations of the flag State
1. Each Contracting Party shall take all necessary measures to ensure:
(a) that fishing vessels flying its flag that operate in the Area comply with the provisions of this Agreement and the conservation and management measures adopted by the Meeting of the Parties and do not engage in activities that compromise the effectiveness of these measures;
(b) that fishing vessels flying its flag do not engage in unauthorized fishing activities in waters under national jurisdiction adjacent to the Area; and
(c) that it develops and implements a satellite tracking system for vessels flying its flag and fishing in the Area.
2. No Contracting Party shall permit a fishing vessel authorized to fly its flag to be used for fishing activities in the Area unless the competent authority or the authorities of that Contracting Party have given it permission.
3. A Contracting Party:
(a) authorize the use of vessels flying its flag for fishing activities beyond waters under national jurisdiction only when it is able to effectively exercise its responsibilities with respect to such vessels under this Agreement and in accordance with international law;
(b) maintains a file of fishing vessels authorized to fly its flag and authorized to fish fishing resources and ensures that information on fishing vessels, as specified by the Meeting of the Parties, is included in that file. The Contracting Parties shall exchange such information in accordance with the procedures to be adopted by the Meeting of the Parties;
(c) transmit to each Annual Meeting of the Parties a report, prepared in accordance with the rules adopted by the Meeting of the Parties, on its fishing activities in the Area;
(d) timely collection and exchange of comprehensive and accurate information on fishing activities carried out by vessels flying its flag that operate in the Area, in particular with respect to vessel position, retained captures, discharges and fishing effort, while maintaining the confidentiality of the data, if applicable, with respect to the application of its relevant national legislation; and
(e) conduct, at the request of any other Contracting Party, to the extent possible and when it has the necessary information, an investigation into any serious offence alleged under the 1995 Agreement committed by fishing vessels flying its flag to the provisions of this Agreement or to the conservation and management measures adopted by the Meeting of the Parties. An answer, including information on any action taken or proposed in connection with such an alleged offence, shall be transmitted as soon as possible to all Contracting Parties and in any case not later than two (2) months after the filing of the application. A report on the results of the investigation is submitted to the Meeting of the Parties at the end of the investigation.
Article 12
Obligations of the port State
1. The measures taken under this Agreement by a port State that is a Contracting Party shall take fully into account the right and obligation of the port States to take measures, in accordance with international law, to promote the effectiveness of subregional, regional and global conservation and management measures. When taking these measures, the State of the Port Contracting Party shall not discriminate in law or in fact against fishing vessels of any State.
2. Each State of the port Contracting Party:
(a) in accordance with the conservation and management measures adopted by the Meeting of the Parties, including the examination of documents, the inspection of fishing gear and the captures on board fishing vessels when these vessels are voluntarily present in their ports or terminals at sea;
(b) does not authorize any landing, trans-shipment or supply service related to fishing vessels if it has not found that fish on board the vessel has been fished in a manner consistent with the conservation and management measures adopted by the Meeting of the Parties; and
(c) lend assistance to flag States that are Contracting Parties, to the extent possible and in accordance with its national legislation and international law, where a fishing vessel voluntarily presents itself in its port or terminals at sea and the vessel flag State requests assistance in order to ensure the application of the provisions of this Agreement and the conservation and management measures adopted by the Meeting of the Parties.
3. When a port State that is a Contracting Party considers that a ship of another Contracting Party using its ports or terminals at sea has committed an offence to a provision of this Agreement or to a conservation and management measure adopted by the Meeting of the Parties, it shall draw the attention of the State of the relevant flag and the Meeting of the Parties to this fact. The State of the Port Contracting Party shall provide the flag State and the Meeting of the Parties with all relevant documents, including, possibly, an inspection report.
4. This Article shall not affect the exercise by the Contracting Parties of their sovereignty over the ports in their territory in accordance with international law.
Article 13
Special needs of developing States
1. The Contracting Parties fully recognize the special needs of developing States bordering the Area, in particular the least developed of them, and small island developing States, with regard to the conservation and management of fisheries resources and the sustainable development of such resources.
2. In particular, Contracting Parties recognize:
(a) the vulnerability of developing States bordering the Area, in particular the least developed of them and small island developing States, which depend on the exploitation of fisheries resources, particularly for the nutritional needs of all or part of their population;
(b) the need to avoid any harmful effects on subsistence fishing and artisanal fishing and to ensure access to fishing activities for small fishermen and workers in the sector; and
(c) the need to avoid the effects of conservation and management measures adopted by the Meeting of the Parties on directly or indirectly supporting developing States bordering the Area, in particular the least developed of them and small island developing States, a disproportionate share of the conservation effort.
3. Cooperation between Contracting Parties in accordance with the provisions of this Agreement and through other subregional or regional organizations working in the management of living marine resources should include measures to:
(a) to improve the capacity of developing States bordering the Area, in particular the least developed of them and small island developing States, to conserve and manage fisheries resources and to develop their own fisheries for these resources; and
(b) to provide assistance to developing States bordering the Area, in particular the least developed of them and small island developing States, to enable them to participate in the fishing of these resources, including by facilitating access in accordance with this Agreement.
4. Cooperation for the purposes described in this article with developing States bordering the Area, in particular the least developed of them and small island developing States, should include financial assistance, human resources development assistance, technical assistance, technology transfer and activities specifically aimed at:
(a) to improve the conservation and management of fisheries resources and straddling stocks in waters under national jurisdiction adjacent to the Area, including through the collection, communication, verification, exchange and analysis of fishing data and related information;
(b) to improve the collection of information and the management of the impact of fishing activities on the marine environment;
(c) the assessment of stocks and the conduct of scientific research;
(d) the application of monitoring, monitoring, monitoring, compliance and enforcement measures, including training and capacity-building at the local level, the development and funding of national and regional observation programs and access to technologies; and
(e) participation in the Meeting of the Parties and meetings of its subsidiary bodies and in the settlement of disputes.
Article 14
Transparency
1. Contracting Parties shall promote transparency in decision-making processes and other activities under this Agreement.
2. Coastal States whose waters under national jurisdiction are adjacent to the Area that are not Contracting Parties to this Agreement are authorized to participate as observers in the Meeting of the Parties and in the meetings of its subsidiary bodies.
3. Parties not contracting this Agreement shall be permitted to participate as observers in the Meeting of the Parties and in the meetings of its subsidiary bodies.
4. Intergovernmental organizations concerned with issues related to the implementation of this Agreement, in particular the Food and Agriculture Organization of the United Nations, the Fisheries Commission for the South-West of the Indian Ocean and regional fisheries management organizations with competence over the waters of the high seas adjacent to the Area, are authorized to participate as observers to the Meeting of the Parties and its subsidiary bodies.
5. Representatives of non-governmental organizations involved in matters related to the implementation of this Agreement may participate in the Meeting of the Parties and the meetings of its subsidiary bodies, as observers or otherwise, as determined by the Meeting of the Parties. The rules of procedure of the Meeting of the Parties and its subsidiary bodies provide for such participation. Procedures should not be excessively restrictive in this regard.
6. Observers may have timely access to the necessary information, subject to the provisions that may be adopted by the Meeting of the Parties in the context of the rules of procedure, including those relating to confidentiality.
Article 15
Fishing entities
1. Following the entry into force of this Agreement, any fishing entity whose vessels have fished or intend to fish fish in the Area may, by way of a written instrument delivered to the Presidency of the Meeting of the Parties in accordance with the procedures adopted by the Meeting of the Parties, express its firm commitment to be bound by the terms of this Agreement. This commitment takes effect thirty (30) days from the date of receipt of the instrument. This fishing entity may denounce this commitment by written notification addressed to the Presidency of the Meeting of the Parties. The denunciation takes effect ninety (90) days from the date of receipt of the notification by the Presidency of the Meeting of the Parties.
2. A fishing entity that has expressed its commitment to be bound by the terms of this Agreement may participate in the Meeting of the Parties and the meetings of its subsidiary bodies, and participate in decision-making in accordance with the procedures adopted by the Meeting of the Parties. Sections 1 to 18 and 20(2) apply mutatis mutandis to this fishing entity.
Article 16
Cooperation with other organizations
The Contracting Parties, acting jointly under this Agreement, shall cooperate closely with other international organizations working in the fisheries sector and related sectors on matters of common interest, in particular with the Fisheries Commission for the south-west of the Indian Ocean and any other regional fisheries management organization having jurisdiction over the waters of the high seas adjacent to the Area.
Article 17
Contracting Parties
1. Contracting Parties shall take measures consistent with this Agreement, the 1995 Agreement and international law to discourage the activities of vessels flying the flag of non-contracting Parties to this Agreement that compromise the effectiveness of conservation and management measures adopted by the Meeting of the Parties or the achievement of the objectives of this Agreement.
2. The Contracting Parties shall exchange information on the activities of fishing vessels flying the flag of non-contracting Parties to this Agreement that conduct fishing operations in the Area.
3. Contracting Parties shall draw the attention of any non-contracting Party to this Agreement to any activity undertaken by its nationals or vessels flying its flag which, according to the Contracting Party, compromises the effectiveness of the conservation and management measures adopted by the Meeting of the Parties or the achievement of the objectives of this Agreement.
4. Contracting Parties, either individually or jointly, request non-contracting Parties to this Agreement whose vessels are fishing in the Area to cooperate fully in the implementation of the conservation and management measures adopted by the Meeting of the Parties to ensure that these measures are applied to all fishing activities in the Area. These cooperating non-contracting Parties will draw from their participation in the fisheries benefits proportionate to their commitment to respect conservation and management measures for the relevant fisheries resource stocks and the extent to which they have shown such compliance in the past.
Article 18
Good faith and abuse of law
Each Contracting Party shall comply in good faith with its obligations under this Agreement and shall exercise the rights recognized in this Agreement in such a manner as not to commit abuse of law.
Article 19
Relation to other Agreements
This Agreement shall not affect the rights and obligations of States arising from the 1982 Convention or the 1995 Agreement.
Rule 20
Interpretation and settlement of disputes
1. The Contracting Parties shall make every effort to resolve their disputes amicably. At the request of one of the Contracting Parties, a dispute may be submitted for a determination that is binding in accordance with the dispute settlement procedures set out in Section II of Part XV of the 1982 Convention or, where the dispute relates to one or more straddling stocks, to the procedures set out in Part VIII of the 1995 Agreement. The corresponding rules of the 1982 Convention and the 1995 Agreement apply, whether or not the parties in dispute are parties.
2. Where a dispute involving a fishing entity that has expressed its commitment to be bound by this Agreement may not be settled on an amicable basis, the dispute, at the request of one of the parties to the dispute, is subject to a final arbitration that is binding under the relevant rules of the Permanent Court of Arbitration.
Article 21
Amendments
1. Any Contracting Party may propose an amendment to this Agreement by giving the Depositary the text of the proposed amendment at least sixty (60) days before a regular session of the Meeting of the Parties. The Depositary shall promptly distribute a copy of this text to all other Contracting Parties.
2. Amendments to the Agreement shall be adopted by consensus among all Contracting Parties.
3. The amendments to the Agreement shall enter into force ninety (90) days after the deposit with the Depositary of instruments of ratification, acceptance or approval concerning such amendments by all Contracting Parties that enjoyed that status at the time the amendments were adopted.
Article 22
Signature, ratification, acceptance and approval
1. This Agreement shall be open for signature:
(a) States and regional economic integration organization that participated in the Intergovernmental Consultation on the Agreement on Fisheries in the Southern Indian Ocean, and
(b) any other State having jurisdiction over the waters adjacent to the Area, and shall remain open for signature for twelve (12) months from 7 July 2006 (date of opening to signature).
2. this Agreement shall be subject to ratification, acceptance or approval by the signatories.
3. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.
Article 23
Access
1. This Agreement shall be open, after its close to signature, to the accession of any State or regional economic integration organization referred to in Article 22(1), as well as to any other State or regional economic integration organization interested in fishing activities aimed at fishing resources.
2. The instruments of accession shall be deposited with the Depositary.
Article 24
Entry into force
1. This Agreement shall enter into force ninety (90) days after the date of receipt by the Depositary of the fourth instrument of ratification, acceptance or approval, provided that at least two of the four instruments have been deposited by States bordering the Area.
2. For each signatory that ratifies, accepts or approves this Agreement after its entry into force, this Agreement shall enter into force with respect to that signatory thirty (30) days after the deposit of its instrument of ratification, acceptance or approval.
3. For each State or regional economic integration organization that adheres to this Agreement after its entry into force, this Agreement shall enter into force with respect to that State or regional economic integration organization thirty (30) days after the deposit of its instrument of accession.
Rule 25
Depositary
1. The Director General of the Food and Agriculture Organization of the United Nations is the Depositary of this Agreement and any amendments thereto. The Depositary shall transmit certified copies of this Agreement to all signatories and shall register this Agreement with the Secretary-General of the United Nations under Article 102 of the Charter of the United Nations.
2. The Depositary shall inform all signatories and Contracting Parties to this Agreement of the signatures and instruments of ratification, acceptance and approval deposited in accordance with Articles 22 and 23 and of the date of entry into force of the Agreement pursuant to Article 24.
Rule 26
Withdrawal
Any Contracting Party may, at the expiry of a period of two years from the date on which this Agreement has entered into force with respect to it, withdraw at any time of this Agreement by notifying the withdrawal in writing to the Depositary, who shall forthwith inform all Contracting Parties. The withdrawal takes effect ninety (90) days after the date of receipt of the notification by the Depositary.
Rule 27
Extinction of the Agreement
This Agreement shall automatically end from the time when, following withdrawals, the number of Contracting Parties falls below three.
Rule 28
Reservations
1. The ratification, acceptance or approval of this Agreement may be subject to reservations that take effect only after being unanimously accepted by all Contracting Parties to this Agreement. The depositary shall immediately notify the Contracting Parties of any reservation. Contracting Parties that have not responded within three (3) months of the notification date are assumed to have accepted the reservation. In the absence of such acceptance, the State or regional economic integration organization formulating the reservation shall not become a Contracting Party to this Agreement.
2. Nothing in paragraph 1 prevents a State or an organization of regional economic integration on behalf of a State from issuing a reservation with respect to the participation in the territories and the maritime zones surrounding them, on which the State asserts its rights to exercise its sovereignty or territorial and maritime jurisdiction.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorized by their respective Governments, have signed this Agreement.
Done in Rome on the seventh day of July 2006, in English and French, both texts being equally authentic.
Done on 13 September 2013.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
