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Agreement for the Establishment of the International Organization for the Development of Fisheries in Eastern and Central Europe

Link to text of agreement
Status of agreement

Basic information
 
Date of adoption 22 May 2000
Place of adoption Copenhagen, Denmark
Entry into force 12 October 2001
Authentic text(s) English, French, Spanish
    
Summary of provisions

Objectives

The objectives of the Agreement are, inter alia:

bullet the provision information on fish marketing and contribute to trade promotion;
bullet the development of the fisheries of the region in accordance with current and future market demand;
bullet the promotion of private-sector investments and partnership arrangements in fisheries and aquaculture;
bullet the provision of assistance for infrastructure and human capacity development and other projects;
bullet the upgrading and modernization of the fisheries in the region; and
bullet the promotion of technical and economic cooperation among its members in the fisheries sector.

Scope

 - Material

The Convention is concerned with fish marketing, trade promotion and fisheries development and investment.

 - Geographic

The "Region" to which the Convention applies is defined simply as Eastern and Central Europe.

Organizational structure

The Convention establishes the International Organisation for the Development of Fisheries in Eastern and Central Europe (commonly referred to as "EUROFISH") with the objectives set out above.

Description of agreement

The Agreement for the Establishment of the International Organization for the Development of Fisheries in Eastern and Central Europe was adopted in May 2000 and entered into force in October 2001, thereby establishing the organization, commonly known as EUROFISH. The Agreement had its origins in an FAO-executed regional project, EASTFISH, which had similar objectives. However, it was always intended that the EASTFISH project would become established as a self-financing international organization in order to enable its work to be continued and to provide a long-term service to the development of fisheries in Central and Eastern Europe.

Objectives and scope

The primary objective of the Agreement is the establishment of the EUROFISH organization. For that organization, a wide-range of specific objectives are set out, including:

(a) to provide information on fish marketing and contribute to trade promotion;
(b) to contribute to the development of the fisheries of the Region in accordance with current and future market demand and to take full advantage of the potential offered by their fishery resources;
(c) to promote private-sector investments and partnership arrangements in fisheries and aquaculture;
(d) to provide technical assistance for infrastructure and human capacity development projects;
(e) to provide assistance and guidance in the preparation of projects, feasibility studies and business plans;
(f) to play a role in the co-ordination of donor initiatives in the Region;
(g) to contribute to the upgrading and modernisation of fisheries in the Region;
(h) to contribute to more balanced supplies of fishery products in the Region;
(i) to make the best use of export opportunities within and outside the Region; and
(j) to promote technical and economic co-operation among its members in the fisheries sector.

The "Region" described in these objectives is Eastern and Central Europe. Although in practice the activities of EUROFISH are focussed on fish and fish products, the scope of the Agreement also potentially covers cetacean products and other aquatic animals. This "fishery products" is defined in the Agreement as all aquatic animals, plants and derived products, including cetacean species (but excluding cetacean species not covered by the Convention on International Trade in Endangered Species).

Participation

European States may become a party to the Agreement by means of signature at the ministerial level, ratification or accession. The Agreement is also open to accession by regional economic integration organizations constituted by European States. Non-European States may also participate in the Agreement, by means of application for accession submitted to the Director-General of FAO, and subject to approval by the Governing Council of EUROFISH. Approval of the Governing Council may be given by a two-thirds majority vote.

Organizational structure

The Agreement provides for the establishment directly of just one body: the Governing Council. The Council, which is composed of all members and which meets ordinarily once per year, is empowered to carry out a wide-range of functions. In the Agreement, these are mostly of an administrative nature (relating to matters such as determining the parties' annual contributions, adopting rules of procedure, laying down general standards and guidelines for the management of EUROFISH, adopting the financial regulations, etc.). However, the Governing Council is also to approve the organization's programme work, in accordance with the general objectives and functions established for it, and as such is also the decision-making body for the functioning of EUROFISH and the carrying out of its objectives and activities. It is also empowered to establish committees or working groups as it considers necessary for the achievement of the objectives of the Agreement and the Agreement also provides for the appointment of an executive director and administrative staff. In practice, EUROFISH has a permanent secretariat, based in Copenhagen, Denmark.

Decision-making process

Each member of the Governing Council has one vote, except that a regional economic integration organization which is a member is entitled to exercise a number of votes equal to the number of its Member States that are entitled to vote. Decisions of the Council are taken by a majority of votes cast.

Settlement of disputes

Under the Agreement, provision is made for disputes, if they cannot be settled by negotiation, conciliation or similar means, to be referred to the Governing Council for its recommendation. If this is not successful, then provision is made for the dispute to be referred to an arbitral tribunal composed of one member appointed by each of the parties to the dispute and an independent chairperson (chosen by the first two arbitrators). The recommendations of such a committee, while not binding in character, become the basis for renewed consideration by the parties concerned. If, as the result of this procedure, the dispute is still not settled, further provision is made for the dispute to be referred to the International Court of Justice, unless the parties agree to another method of settlement. The Governing Council has the power, upon agreement by a three-quarters majority, to suspend the exercise of the rights and privileges of membership of EUROFISH of a member which fails to abide by an award of the arbitral tribunal.

Main provisions and functions

As described above, the Governing Council is empowered to agree on the programme of work for EUROFISH in order to implement the Agreement's objectives. However, for the achievement of its objectives, the Agreement also sets out a number of specific functions which are to be included in the Organization's activities. These include:

(a) providing its members with marketing information on fishery products, including sales opportunities and supply prospects within and outside the Region;

(b) advising its members on technological developments, product specifications, processing methods and quality standards in accordance with market requirements;

(c) assisting its members in developing new products and marketing opportunities for fishery resources that are not fully utilised for human consumption;

(d) assisting its members in the planning and implementation of national fish market information and research activities in the Region;

(e) training staff in governments and institutions of member States, in marketing development and strengthen national institutions involved in this field;

(f) providing technical assistance for the identification of investment opportunities.

Further information and references

 - Internet sources

EUROFISH Secretariat 

 - Bibliographic references

B. Thomas, 'The Eurofish Organization: A Three-Year Report Card' 1 IFLPR 140 (2004)

 - Additional treaty references

UNTS No. 38415

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