1.   The Contracting Parties hereby establish within the framework of the Constitution of the Food and Agriculture Organization (hereinafter referred to as ‘the Organization’) a Commission to be known as the General Fisheries Commission for the Mediterranean (hereinafter referred to as ‘the Commission’), for the purpose of exercising the functions and discharging the responsibilities set out in this Agreement.

2.   The objective of the Agreement is to ensure the conservation and sustainable use, at biological, social, economic and environmental level, of living marine resources, as well as the sustainable development of aquaculture in the Area of Application.

3.   The Headquarters of the Commission shall be in Rome, Italy.

1.   The geographical Area of Application of this Agreement comprises all marine waters of the Mediterranean Sea and the Black Sea.

2.   Nothing in this Agreement, nor any act or activity carried out in pursuance of this Agreement, shall constitute recognition of claims or positions of any Contracting Party concerning legal status and extent of waters and zones by any such Contracting Party.

1.   Membership in the Commission shall be open to Members and Associate Members of the Organization and such non-member States as are members of the United Nations, any of its Specialised Agencies,

2.   For the purposes of this Agreement, the term ‘whose vessels’ in relation to a Contracting Party regional economic integration organisation means vessels of a member State of such Contracting Party regional economic integration organisation.

1.   Each Contracting Party shall be represented at sessions of the Commission by one delegate, who may be accompanied by an alternate and by experts and advisers. Participation in meetings of the 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, each Contracting Party shall have one vote. Decisions of the 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 Commission shall constitute a quorum.

3.   A regional economic integration organisation that is a Contracting Party to 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 organisation that is a Contracting Party to the Commission shall exercise its membership rights on an alternative basis with its member States that are Contracting Parties to the Commission in the areas of their respective competence. Whenever a regional economic integration organisation that is a Contracting Party to the Commission exercises its right to vote, its member States shall not exercise theirs, and conversely.

5.   Any Contracting Party to the Commission may request a regional economic integration organisation that is a Contracting Party to the Commission or its member States that are Contracting Parties to the Commission to provide information as to which, as between the Contracting Party regional economic integration organisation and its member States, has competence in respect of any specific question. The regional economic integration organisation 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 organisation that is a Contracting Party to the Commission, or its member States that are Contracting Parties to the Commission shall indicate which, as between the regional economic integration organisation 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 organisation 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 organisation that is a Contracting Party to the Commission or its member States that are Contracting Parties to 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 organisation and matters which lie within the competence of its member States, both the regional economic integration organisation 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 Contracting Party 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 organisation that is a Contracting Party to 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.

9.   The principle of cost-effectiveness shall apply to the frequency, duration and scheduling of sessions and other meetings and activities held under the auspices of the Commission.

1.   The Commission may establish, as necessary, temporary, special or standing subsidiary bodies to study and report on matters pertaining to the purposes of the Commission and working parties to study and recommend on specific technical problems. The mandate of established subsidiary bodies shall be set out in the Rules of Procedure by taking in consideration the need for a sub-regional approach. The Commission may also establish specific mechanisms for the Black Sea region which will endeavour to ensure the full participation of all riparian States, in accordance with their status within the Commission, to fisheries management related decisions.

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

3.   The establishment by the Commission of subsidiary bodies and working parties referred to in paragraph 1 above shall be subject to the availability of necessary funds and, before taking any decision involving expenditure, the Commission shall have before it a report from the Executive Secretary on administrative and financial implications.

4.   Each Contracting Party shall be entitled to appoint one representative to any subsidiary body and working parties who at sessions may be accompanied by alternates, experts and advisers.

5.   Contracting Parties shall provide available information relevant to the functioning of each subsidiary body and working party in such a way as to enable them to fulfil their responsibilities.

1.   The Secretariat shall be composed of the Executive Secretary and such staff serving the Commission. The Executive Secretary and the staff of the Secretariat shall be appointed and governed in accordance with the terms, conditions and procedures laid down in the Administrative Manual, Staff Regulations and Staff Rules of the Organization, as generally applicable to other staff members of the Organization.

2.   The Executive Secretary of the Commission shall be appointed by the Director-General with the approval of the Commission, or in the event of appointment between regular sessions of the Commission, with the approval of the Contracting Parties.

3.   The Executive Secretary shall be responsible for monitoring the implementation of the policies and activities of the Commission and shall report thereon to the Commission, according to the terms of reference set out in the Rules of Procedure. The Executive Secretary shall also act as Executive Secretary to other subsidiary bodies established by the Commission, as required.

1.   At each regular session the Commission shall adopt its autonomous budget for three years, which may be reviewed on a yearly basis at regular sessions. The budget will be adopted by consensus of its Contracting Parties, 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 Contracting Parties.

2.   Each Contracting Party shall undertake to contribute annually its share of the autonomous budget based on the scale of contributions determined in accordance with a scheme which the Commission shall adopt or amend by consensus. The scheme shall be set out in the Financial Regulations.

3.   Any non-member of the Organization that becomes a Contracting Party 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.

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

5.   The Commission may accept donations and other forms of assistance from organisations, individuals and other sources for purposes connected with the fulfilment of any of its functions. The Commission may also accept voluntary contributions generally or in connection with specific projects or activities of the Commission which shall be executed by the Secretariat. Voluntary contributions, donations and other form of assistance received shall be paid into a trust fund to be established and administrated by the Organization in conformity with the Financial Regulations and Rules of the Organization.

6.   A Contracting Party which is in arrears in the payment of its financial contributions to the 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 Commission may, nevertheless, permit such a Contracting Party to vote if it is satisfied that the failure to pay was due to conditions beyond the control of the Contracting Party but in no case shall it extend the right to vote beyond a further two calendar years.

1.   The expenses of the Secretariat, including publications and communications and the expenses incurred by the Chairperson and Vice-Chairpersons of the Commission, when performing duties on behalf of the Commission between sessions of the Commission, shall be determined and paid from the budget of the Commission.

2.   The expenses of research and development projects undertaken by individual Contracting Parties, whether independently or upon recommendation of the Commission, shall be determined and paid by the Contracting Parties concerned.

3.   The expenses incurred in connection with cooperative research or development projects undertaken, unless otherwise available, shall be determined and paid by the Contracting Parties in the form and proportion to which they shall mutually agree.

4.   The expenses of experts invited to attend meetings of the Commission and its subsidiary bodies in their individual capacity shall be borne by the budget of the Commission.

5.   The expenses of the 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 Financial Regulations and Rules of the Organization.

6.   Expenses incurred by delegates, their alternates, experts and advisers when attending, as government representatives, sessions of the Commission and its subsidiary bodies, as well as the expenses incurred by observers at sessions, shall be borne by the respective governments or organisations. In recognition of the special requirements of developing States Contracting Parties, according to Article 17 and subject to the availability of funds, the expenses could be borne by the budget of the Commission.

1.   The recommendations referred to in Article 8(b), shall be adopted by a two-thirds majority of the Contracting Parties of the Commission present and voting. The text of such recommendations shall be communicated by the Executive Secretary to each Contracting Party, cooperating non-Contracting Party and relevant non-Contracting Party.

2.   Subject to the provisions of this Article, the Contracting Parties of the Commission undertake to give effect to any recommendations adopted under Article 8(b), from the date determined by the Commission, which shall not be before the period for objection provided for in this Article has elapsed.

3.   Any Contracting Party of the Commission may within 120 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. The objection should include a written explanation of reasons for objecting, and where appropriate, proposals for alternative measures. In the event of an objection being made within the 120-day period any other Contracting Party may similarly object at any time within a further period of 60 days. A Contracting Party 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 Contracting Parties of the Commission, the other Contracting Parties 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 Executive Secretary shall promptly notify each Contracting Party immediately upon receipt of each objection or withdrawal of objection.

6.   In exceptional circumstances, when required by a Contracting Party as determined by the Executive Secretary in consultation with the Chairperson, if urgent matters require Contracting Parties to take decisions between sessions of the Commission any rapid means of communication, including electronic means of communication, may be used for decision-making with respect to procedural and administrative matters of the Commission only, including any of its subsidiary bodies, other than matters relating to the interpretation of and the adoption of amendments to the Agreement or its Rules of Procedure.

1.   Subject to the provisions of this Article, the Contracting Parties of the Commission undertake to give effect to any recommendations made by the Commission under Article 8(b), from the date determined by the Commission, which shall not be before the period for objection provided for in Article 13 has elapsed.

2.   Each Contracting Party shall transpose, as appropriate, adopted recommendations into national laws, regulations or appropriate legal instruments of the regional economic integration organisation. They shall report annually to the Commission indicating how they have implemented and/or transposed the recommendations, including providing such relevant legislative documents in connection with these recommendations as may be required by the Commission and information on the monitoring and control of their fisheries. The Commission shall use this information to assess whether the recommendations are uniformly implemented.

3.   Each Contracting Party shall take measures and cooperate to ensure that their duties as flag States and port States are fulfilled in accordance with relevant international instruments to which it is a party and recommendations adopted by the Commission.

4.   The Commission, through a process leading to the identification of cases of non-compliance, will address Contracting Parties which fail to comply with recommendations adopted by the Commission with a view to resolve situations of non-compliance.

5.   The Commission shall define through its Rules of Procedure appropriate measures which may be taken by the Commission when Contracting Parties are identified as being in prolonged and unjustified non-compliance with its recommendations.

1.   In accordance with the Rules of the Organization, the Commission may invite or, upon their request, allow in observer capacity regional or international governmental organisations and regional or international or other non-governmental organisations, including from the private sector, which have interests and objectives common with those of the Commission or which activities are pertinent to the work of the Commission or its subsidiary bodies.

2.   Any member or associate member of the Organization that is not a Contracting Party may, upon its request, be invited as an observer at sessions of the Commission and its subsidiary bodies. It may submit memoranda and participate without vote in discussions.

1.   The Commission shall cooperate with other international organisations and institutions in matters of mutual interest.

2.   The Commission shall seek to make suitable arrangements for consultation, cooperation and collaboration with other relevant organisations and institutions, including entering into memoranda of understanding and partnership agreements.

1.   The Commission shall give full recognition to the special requirements of developing States Contracting Parties to this Agreement, in accordance with relevant provisions in the 1995 Agreement.

2.   The Contracting Parties may cooperate either directly or through the Commission for the purposes set out in this Agreement and provide assistance for identified needs.

1.   The Commission, through the Secretariat, may invite non-contracting Parties whose vessels engage in fishing in the Area of Application, with particular reference to coastal States, to cooperate fully in the implementation of its recommendations, including by becoming cooperating non-Contracting Parties. The Commission may accept by consensus of its Contracting Parties any application for granting cooperating non-contracting Party status provided however that if, after every effort has been made, a consensus cannot be reached, the matter will be put to a vote and the cooperating non-Contracting Party status will be granted by a two-thirds majority of its Contracting Parties.

2.   The Commission, through the Secretariat, shall exchange information with respect to vessels engaged in fishing or fishing related activities in the Agreement Area that are flying the flags of non-Contracting Parties to this Agreement and identify and address, as appropriate, including through the application of sanctions consistent with international law which shall be defined in the Rules of Procedure, cases of activities by non-Contracting Parties adversely affecting the objective of the Agreement. Sanctions may include non-discriminatory market-related measures.

3.   The Commission shall take measures, consistent with international law and with this Agreement, to deter the activities of such vessels which undermine the effectiveness of applicable recommendations, and shall regularly report on any action taken in response to fishing or fishing related activities in the Agreement Area by non-Contracting Parties.

4.   The Commission shall draw the attention of any non-Contracting Parties to any activity which in the opinion of any Contracting Party negatively affects the implementation of the objective of the Agreement.

1.   In the event of a dispute between two or more of Contracting Parties concerning the interpretation or application of this Agreement, the Parties concerned shall consult among each other with a view to seek solutions by negotiation, mediation, inquiry or any other peaceful means of their own choice.

2.   If the parties concerned cannot reach agreement in accordance with Article 19.1 they may jointly refer the matter to a committee composed of one representative appointed by each of the party of the dispute, and in addition the Chairperson of the Commission. The findings by such committee, while not binding in character, shall constitute the basis for renewed consideration by the Contracting Parties concerned of the matter out of which disagreement arose.

3.   Any dispute concerning the interpretation or application of this Agreement not resolved under Articles 19.1 and 19.2 may, with the consent in each case of all parties to the dispute, be referred for settlement to arbitration. The results of the arbitration procedure shall be binding upon the parties.

4.   In cases where the dispute is referred to arbitration, the arbitral tribunal shall be constituted as provided in the Annex to this Agreement. The Annex forms an integral part of this Agreement.

1.   The Commission may amend this Agreement by a two-thirds majority of all the Contracting Parties. Subject to paragraph 2 below, amendments shall come into force as from the date of their adoption by the Commission.

2.   Amendments involving new obligations for Contracting Parties shall come into force after acceptance by two-thirds of the Contracting Parties and with respect to each Contracting Party only on acceptance of it by that Contracting Party. 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 Organization, 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 Contracting Party 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.

1.   This Agreement shall be open to acceptance by Members or associate Members of the Organization.

2.   The 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 specialised 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 Commission by Contracting Parties 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 and Rules 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-members 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 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 Contracting Parties of the Commission, all Members of the Organization and the Secretary-General of the United Nations of all acceptances that have become effective.

7.   Acceptance of this Agreement by non-Contracting Parties may be made subject to reservations which shall become effective only upon approval by two thirds of the Contracting Parties. Contracting Parties whose relevant competent authorities have not replied within three months from the date of the notification shall be deemed to have accepted the reservation. Failing such approval, the nation or regional economic integration organisation making the reservation shall not become a party to this Agreement. The Director-General of the Organization shall notify forthwith all Contracting Parties of any reservations.

1.   Acceptance of this Agreement may be made subject to reservations, which shall not be incompatible with the objectives of the Agreement and shall be made in accordance with the general rules of public international law as reflected in the provisions of Part II, Section 2 of the Vienna Convention on the Law of Treaties of 1969.

2.   The Commission shall regularly assess if a reservation may create issues of non-compliance with the recommendations adopted under Article 8(b) and may consider appropriate measures, as foreseen in its Rules of Procedures.

1.   Any Contracting Party 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 Contracting Party, by giving written notice of such withdrawal to the Director-General of the Organization who shall immediately inform all the Contracting Parties 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 of the Organization.

2.   A Contracting Party 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 Contracting Party gives notice of its own withdrawal from the 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 Contracting Party is responsible, with the exception of associate members.

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