REVIEW OF THE DRAFT AGREEMENT FOR THE ESTABLISHMENT OF THE SOUTH WEST INDIAN OCEAN FISHERIES COMMISSION
The Meeting recalled that the effectiveness of the Commission will depend on the spirit and form in which a few key issues were addressed in the draft Agreement (paragraph 9).
GEOGRAPHICAL AREA OF COMPETENCE-
The Meeting agreed as follows:
"Except as otherwise provided, this Agreement applies within the Agreement Area, being all waters of the Indian Ocean bounded by a line drawn as follows: from a point on the high water mark on the East African coast at latitude 10° 00´N, thence due east along this parallel to the longitude 65° 00´E, thence due south along this meridian to the equator, thence due east along this parallel to the longitude 80° 00´E, thence due south along this meridian to a parallel 45° 00´S, thence due east along this parallel to the longitude 30° 00´E, thence due north along this meridian to the coast of the African Continent as shown in the map in Annex 1" (Appendix F of this report) (paragraph 11).
MEMBERSHIP
The Members of the Commission shall be such Members and associate members of FAO and such non-Member States as are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency, that are:
(i) coastal States or associate members situated wholly or partly within the Area defined in Article II,
(ii) States or associate members whose vessels engage in fishing in the Region,
(iii) regional economic integration organizations of which any State referred to in subparagraphs (i) or above is a member and to which that State has transferred competence over matters within the purview of this Agreement ,
and that accept this Agreement in accordance with the provisions of Article XIV (paragraph 12).
FUNCTIONS
The Meeting noted that in view of the geographical area of competence of the future
Commission that it had defined (paragraph 11) and bearing in mind that the future commission would be established under Article XIV of the FAO Constitution, conservation and management of fisheries resources should be important functions of the proposed body (paragraph 13).
The purpose of SWIOFC shall be to promote the sustainable development, conservation, rational management and best utilization of fisheries resources in the area, with special emphasis on fisheries targeted at non-tuna species (paragraph 14).
FINANCE
The Meeting acknowledged that in the absence of an autonomous budget, the future commission to be established under Article XIV of the FAO Constitution could not fulfil its mandate (paragraph 15).
In this context, the Meeting adopted the following wording for the paragraph relating to finance: "Each Member undertakes to pay its share of the autonomous budget of SWIOFC in accordance with the criteria included in the Financial Regulations of the Commission that it will adopt" (paragraph 16).
OTHER ARTICLES
The Meeting elaborated a Preamble to the draft Agreement. Among other things the preamble noted the wishes expressed by the Coastal States to the FAO Council to have established a regional fishery body, acknowledged that the future body will take into account the relevant provisions of international fisheries instruments in its work, recognized the economic and geographical considerations and the special requirements of developing States and their coastal communities, for equitable benefit from fisheries resources and expressed the conviction of all Contracting Parties that the establishment of an organization for the long-term conservation and sustainable use of fishery resources in the South West Indian Ocean would best serve these purposes (paragraph 19).
OTHER MATTERS
The next meeting convened under Article XIV 3(a) of the FAO Constitution will be an Inter-governmental Consultation. The Consultation would be expected to adopt an agreement for the establishment of the Commission (paragraph 20).
The Secretariat was requested to invite all potential members (coastal States, regional economic integration organizations, and fishing nations) that could become members to the future commission to participate at the Inter-governmental Consultation (paragraph 21).
The meeting further requested that FAO seek financial assistance from donors, in particular the European Community to facilitate the organization and participation of coastal states at the Inter-governmental Consultation (paragraph 22).
DATE AND PLACE OF THE INTER-GOVERNMENTAL CONSULTATION
The Inter-governmental Consultation will be held before the end of January 2001. The delegation of the Republic of France offered, in principle, to host the Inter-governmental Consultation (paragraph 25).
