Fao Compliance Agreement

This issue was also discussed at FAO`s technical consultation on deep-sea fishing in September 1992, when the Council, at the 102nd session of the FAO Council, “agreed that the issue of changing flags of convenience to avoid compliance with agreed conservation and management measures … FAO to find a solution that could be implemented in the near future. 1 FAO was invited to draw up an agreement and, between 1991 and 1993, an agreement was negotiated in accordance with Article XIV of the FAO Constitution. The agreement was adopted by the FAO conference on 24 November 1993 by resolution 15/93 and was approved. It will come into effect upon receipt of the twenty-fifth acceptance instrument 2. The agreement to promote compliance with international conservation and management measures by deep-sea fishing vessels aims to strengthen the role of flag states and to ensure that a state strengthens its control over its vessels to ensure compliance with international conservation and management measures. The FAO Compliance Agreement and the UN Agreement on Fisheries Resources were supplemented by the Code of Conduct for Responsible Fisheries, which is a voluntary instrument adopted by the FAO conference in Resolution 4 of 1995. Unlike the other two agreements mentioned, since the code is voluntary, no specific state action is required for it to enter into force. However, its provisions can serve as the basis for national measures, whether in the form of political initiatives or even specific legislation. Article V deals with international cooperation and deals with the exchange of information (for example. B evidence) relating to the activities of ships to assist the flag state in identifying vessels flying its flag that would have carried out activities that jeopardized international conservation and management measures. There is also a port state cooperation provision in which a vessel is voluntarily in a port and is believed to have undermined international conservation and management measures.

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