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Objectives The objectives of the Agreement are, inter alia:
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.
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:
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:
- Internet sources - Bibliographic references
- Additional treaty references
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Internet
Guide to International Fisheries Law |