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1949 Agreement for the
establishment of a General Fisheries Council for the Mediterranean
(amended in 1963, 1976 and 1997)
Done at Rome, 24 September 1949
Entered into force 20 February 1952
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Membership
As of 31 Jan 2005 |
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Albania,
Algeria, Bulgaria, Croatia, Cyprus, Egypt, European Community,
France, Greece, Israel, Italy, Japan, Lebanon, Libya, Malta,
Monaco, Morocco, Romania,
Serbia and Montenegro, Slovenia,
Spain, Syria, Tunisia, Turkey |
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The Mediterranean, the Black Sea and connecting waters. This
area coincides with FAO Statistical Area 37.
[Map]
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The Agreement applies to all living marine resources in the
area covered by the Commission. |
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To promote the development, conservation and management of
living marine resources; to formulate and recommend conservation measures; to encourage
training cooperative projects. |
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| The GFCM was
established under an agreement adopted in Rome on 24 September 1949 and approved by
the FAO Conference at its Fifth session, later that year, under the name of General Fisheries Council
for the Mediterranean (GFCM). The purpose of the Council was to promote development,
conservation, rational management and the best utilization of living marine resources of
the Mediterranean and the Black Seas. The agreement which came into force on February 1952
was first amended by GFCM in 1963, then amended at the thirteenth session of the GFCM in
1976 and now amended in by the twenty second Session of the GFCM in November 1997 where
the name of the GFCM was changed from Council to Commission, the concept of an autonomous
budget agreed on, membership opened to regional economic integration organizations
and the
mandate of the Commission extended to the sustainable development of aquaculture.
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Until recently,
participation in the GFCM was open only to States. Amendments to the Agreement were
adopted in 1997, however, permitting regional economic integration organizations
(REIOs)
such as the European Community to join. (The EC duly joined in 1998). The rules on
membership thus stand as follows. Participation in the GFCM is open to Members and
Associate Members of FAO and, subject to approval by two-thirds of existing members, any
non-Member States that are members of the United Nations, of any of its Specialized
Agencies or of the International Atomic Energy, that are:
i. coastal States or associate Members situated wholly or
partly within the Region;
ii. States or Associate Members whose vessels engage in
fishing the Region for stocks covered by the agreement;
iii. REIOs of which any State which would qualify for
membership as above is a member and to which that State has transferred competence over
matters within the purview of the GFCM.
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The Commission is the principal organ and the
main decision-making body. Every party is entitled to participate in the Commission. Most
decisions are taken by a simple majority, with every party having one vote, except in the
case of REIOs which are entitled to exercise a number of votes equal to the number of its
Member States that are entitled to vote at the meeting. REIOs are not entitled to exercise
their votes when Member States exercise their and vice versa. In addition to the
Commission itself, the GFCM is composed of a number of subsidiary bodies:
(a) Committee on Aquaculture: created in 1995, held it first
session in 1996
(b) Scientific Advisory Committee (SAC): established in
October 1997
(c) Ad-hoc technical panels: to advise the SAC in the review
of the state of the resources and thus in the formulation of management measures for
consideration by the Commission.
Dispute settlement
Disputes between parties, if not settled by the
Commission, are to be referred to a committee composed of a member appointed by each of
the parties to the dispute, plus an independent chair chosen by the members of the
committee. The recommendations of such a committee are not binding, but should become the
basis for renewed consideration by the parties. If the dispute remains settled, it shall
be referred to the International Court of Justice, or in the case of REIOs to arbitration,
unless the parties to the dispute agree to another method of settlement.
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The main functions of the GFCM are:
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to keep under review the state of these resources,
including their abundance and the level of their exploitation; |
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to formulate and recommend appropriate measures for
the conservation and rational management of living marine resources, including measures
regulating fishing methods and gear; prescribing minimum fish sizes; establishing open and
closed seasons and areas; and regulating the total allowable catch and fishing effort; |
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to keep under review economic and social aspects of
the fishing industry and recommend any measure aimed at its development; |
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to encourage, recommend, coordinate and, as
appropriate, undertake training and extension activities in all aspects of fisheries; |
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to encourage, recommend, coordinate and, as
appropriate, undertake research and development activities, including cooperative projects
in the area of fisheries in the protection of living marine resources; |
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to assemble, publish or disseminate information
regarding exploitable living marine resources and fisheries based on these resources; and |
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to promote programmes for marine and brackish
water aquaculture and coastal fisheries enhancement. |
In accordance with Article III(2) of the
Convention, as amended in 1997, the Commission, when formulating and recommending
measures, must apply the precautionary approach to conservation and management decisions
and take into account also the best scientific evidence available and the need to promote
the development and proper utilization of the marine living resources.
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