Indian Ocean Tuna Commission

 

SUMMARY OF:

Agreement establishing the Indian Ocean Tuna Commission

Decision 95/399/EC on the accession of the Community to the Agreement establishing the Indian Ocean Tuna Commission

WHAT ARE THE AIMS OF THE AGREEMENT AND DECISION?

• The agreement sets up the Indian Ocean Tuna Commission (IOTC), an intergovernmental organisation designed to coordinate the regulation and management of tuna stocks in the Indian Ocean, within the framework of the Food and Agriculture Organization of the United Nations (FAO).
• Decision 95/399/EC approves the agreement on behalf of the European Union.

KEY POINTS

Scope

This agreements defines the area of competence of the IOTC as the Indian Ocean and provides the list of species and stocks under its management.

Membership

• IOTC membership is open to:
  • FAO members and associate members who are coastal states in the Indian Ocean area, or members whose vessels fish for tuna in the area, or regional economic integration organisations handling tuna stock issues on behalf of these states;
  • United Nations members, or its specialist agencies or the International Atomic Energy Agency, if they are coastal states or fish for tuna in the area and subject to the approval of the IOTC.

• Members shall officially confirm their acceptance of this agreement by the deposit of an instrument of acceptance with the Director-General of the FAO.
• Each IOTC member is represented by a single delegate, who may be accompanied by an alternate and by experts and advisers, and has one vote. Observers may also be invited.
• The IOTC holds an annual regular session and the Chairperson can convene special sessions at the request of at least one third of members.

Objectives, functions and responsibilities

Based on principles expressed in the United Nations Convention on the Law of the Sea:

• review tuna stock trends and analyse and publish scientific information, catch statistics and other data on conservation and management;
• encourage, recommend and coordinate research and development, including transfer of technology and training, balancing the IOTC’s needs with the interests and needs of members in the region that are developing countries;
• adopt conservation and management measures, to conserve stocks and promote optimum utilisation;
• keep under review the economic and social aspects of the fisheries, particularly the interests of developing coastal states;
• approve its programme and budget;
• report to the FAO, in order for the organisation to act where appropriate;
• other activities as necessary to fulfil its objectives.

Conservation and management measures

• The IOTC may, by a two-thirds majority, adopt binding conservation and management measures.
• Any member can object to a conservation and management measure within 120 days and not be bound to it. Other members then have a further 60 days to object.
• If objections are made by more than one third of members, the other members are not bound by that measure, but may still choose to implement it.

Scientific Committee and sub-commissions

The IOTC has a permanent Scientific Committee and can establish further sub-commissions. These sub-commissions should be open to members that are coastal states on the migratory path of the stocks concerned, the vessels of which fish them.

Coastal states’ rights

The agreement does not prejudice the sovereign rights of a coastal state to explore, exploit, conserve and manage living resources, including the highly migratory species, within a zone of up to 200 nautical miles under its jurisdiction, in accordance with the international law of the sea.

Finances

Members contribute their share of the autonomous budget annually, in accordance with a scale of contributions devised by the IOTC.

DATE OF ENTRY INTO FORCE

The agreement entered into force on 27 March 1996.

BACKGROUND

For further information, see:

• Indian Ocean Tuna Commission (IOTC).

MAIN DOCUMENTS

Agreement for the establishment of the Indian Ocean Tuna Commission (OJ L 236, 5.10.1995, pp. 25–33).

Council Decision 95/399/EC of 18 September 1995 on the accession of the Community to the Agreement for the establishment of the Indian Ocean Tuna Commission (OJ L 236, 5.10.1995, p. 24).

RELATED DOCUMENTS

The United Nations Convention on the Law of the Sea and of the Agreement on the Implementation of Part XI thereof – United Nations Convention on the Law of the Sea (OJ L 179, 23.6.1998, pp. 3–134).

Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, pp. 1–2).

last update 13.07.2022