HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
22.7.2011 Official
Journal
of
the
European
Union L
191/3
AGREEMENT
on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
PREAMBLE
THE PARTIES TO THIS AGREEMENT,
DEEPLY CONCERNED about the continuation of illegal, unreported and unregulated fishing and its detrimental effect
upon fish stocks, marine ecosystems and the livelihoods of legitimate fishers, and the increasing need for food security on
a global basis,
CONSCIOUS of the role of the port State in the adoption of effective measures to promote the sustainable use and the
long-term conservation of living marine resources,
RECOGNISING that measures to combat illegal, unreported and unregulated fishing should build on the primary
responsibility of flag States and use all available jurisdiction in accordance with international law, including port State
measures, coastal State measures, market related measures and measures to ensure that nationals do not support or
engage in illegal, unreported and unregulated fishing,
RECOGNISING that port State measures provide a powerful and cost-effective means of preventing, deterring and
eliminating illegal, unreported and unregulated fishing,
AWARE OF the need for increasing coordination at the regional and interregional levels to combat illegal, unreported and
unregulated fishing through port State measures,
ACKNOWLEDGING the rapidly developing communications technology, databases, networks and global records that
support port State measures,
RECOGNISING the need for assistance to developing countries to adopt and implement port State measures,
TAKING NOTE OF the calls by the international community through the United Nations System, including the United
Nations General Assembly and the Committee on Fisheries of the Food and Agriculture Organisation of the United
Nations, hereinafter referred to as FAO, for a binding international instrument on minimum standards for port State
measures, based on the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing and the 2005 FAO Model Scheme on Port State Measures to Combat Illegal, Unreported and
Unregulated Fishing,
BEARING IN MIND that, in the exercise of their sovereignty over ports located in their territory, States may adopt more
stringent measures, in accordance with international law,
RECALLING the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982,
hereinafter referred to as the Convention,
RECALLING the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of
the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly
Migratory Fish Stocks of 4 December 1995, the Agreement to Promote Compliance with International Conservation and
Management Measures by Fishing Vessels on the High Seas of 24 November 1993 and the 1995 FAO Code of Conduct
for Responsible Fisheries,
RECOGNISING the need to conclude an international agreement within the framework of FAO, under Article XIV of the
FAO Constitution,
HAVE AGREED AS FOLLOWS:
adopted and applied consistently with the relevant rules of
international law including those reflected in the
Convention;
PART 1
GENERAL PROVISIONS
Article 1
(b) ‘fish’ means all species of living marine resources, whether
processed or not;
Use of terms
For the purposes of this Agreement:
(c) ‘fishing’ means searching for, attracting, locating, catching,
taking or harvesting fish or any activity which can
(a) ‘conservation and management measures’ means measures
reasonably be expected to result in the attracting, locating,
to conserve and manage living marine resources that are
catching, taking or harvesting of fish;

---

L 191/4
EN
Official Journal of the European Union
22.7.2011
(d) ‘fishing related activities’ means any operation in support of,
(a) vessels of a neighbouring State that are engaged in artisanal
or in preparation for, fishing, including the landing,
fishing for subsistence, provided that the port State and the
packaging, processing, transshipping or transporting of
flag State cooperate to ensure that such vessels do not
fish that have not been previously landed at a port, as
engage in IUU fishing or fishing related activities in
well as the provisioning of personnel, fuel, gear and other
support of such fishing; and
supplies at sea;
(b) container vessels that are not carrying fish or, if carrying
(e) ‘illegal, unreported and unregulated fishing’ refers to the
fish, only fish that have been previously landed, provided
activities set out in paragraph 3 of the 2001 FAO Inter
that there are no clear grounds for suspecting that such
national Plan of Action to Prevent, Deter and Eliminate
vessels have engaged in fishing related activities in support
Illegal, Unreported and Unregulated Fishing, hereinafter
of IUU fishing.
referred to as IUU fishing;
2. A
Party
may,
in
its
capacity
as
a
port
State,
decide
not
to
(f) ‘Party’ means a State or regional economic integration
apply this Agreement to vessels chartered by its nationals
organisation that has consented to be bound by this
exclusively for fishing in areas under its national jurisdiction
Agreement and for which this Agreement is in force;
and operating under its authority therein. Such vessels shall
be subject to measures by the Party which are as effective as
measures applied in relation to vessels entitled to fly its flag.
(g) ‘port’ includes offshore terminals and other installations for
landing, transshipping, packaging, processing, refueling or
resupplying;
3. This
Agreement
shall
apply
to
fishing
conducted
in
marine areas that is illegal, unreported or unregulated, as
defined in Article 1(e) of this Agreement, and to fishing
related activities in support of such fishing.
(h) ‘regional economic integration organisation’ means a
regional economic integration organisation to which its
member States have transferred competence over matters
covered by this Agreement, including the authority to
4. This
Agreement
shall
be
applied
in
a
fair,
transparent
and
make decisions binding on its member States in respect
non-discriminatory manner, consistent with international law.
of those matters;
5. As this Agreement is global in scope and applies to all
(i) ‘regional fisheries management organisation’ means an inter
ports, the Parties shall encourage all other entities to apply
governmental fisheries organisation or arrangement, as
measures consistent with its provisions. Those that may not
appropriate, that has the competence to establish conser
otherwise become Parties to this Agreement may express their
vation and management measures; and
commitment to act consistently with its provisions.
(j) ‘vessel’ means any vessel, ship of another type or boat used
Article 4
for, equipped to be used for, or intended to be used for,
fishing or fishing related activities.
Relationship with international law and other international
instruments
1. Nothing
in
this
Agreement
shall
prejudice
the
rights,
juris
Article 2
diction and duties of Parties under international law. In
particular, nothing in this Agreement shall be construed to
Objective
affect:
The objective of this Agreement is to prevent, deter and
eliminate IUU fishing through the implementation of effective
port State measures, and thereby to ensure the long-term
(a) the sovereignty of Parties over their internal, archipelagic
conservation and sustainable use of living marine resources
and territorial waters or their sovereign rights over their
and marine ecosystems.
continental shelf and in their exclusive economic zones;
Article 3
(b) the exercise by Parties of their sovereignty over ports in
Application
their territory in accordance with international law,
including their right to deny entry thereto as well as to
1. Each Party shall, in its capacity as a port State, apply this
adopt more stringent port State measures than those
Agreement in respect of vessels not entitled to fly its flag that
provided for in this Agreement, including such measures
are seeking entry to its ports or are in one of its ports, except
adopted pursuant to a decision of a regional fisheries
for:
management organisation.

---

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/5
2. In
applying
this
Agreement,
a
Party
does
not
thereby 3. Parties
shall
cooperate,
at
the
subregional,
regional
and
become bound by measures or decisions of, or recognise, any
global levels, in the effective implementation of this
regional fisheries management organisation of which it is not a
Agreement including, where appropriate, through FAO or
member.
regional fisheries management organisations and arrangements.
3. In
no
case
is
a
Party
obliged
under
this
Agreement
to
give
PART 2
effect to measures or decisions of a regional fisheries
management organisation if those measures or decisions have
ENTRY INTO PORT
not been adopted in conformity with international law.
Article 7
Designation of ports
4. This
Agreement
shall
be
interpreted
and
applied
in
1. Each
Party
shall
designate
and
publicise
the
ports
to
which
conformity with international law taking into account
vessels may request entry pursuant to this Agreement. Each
applicable international rules and standards, including those
Party shall provide a list of its designated ports to FAO,
established through the International Maritime Organisation,
which shall give it due publicity.
as well as other international instruments.
5. Parties
shall
fulfil
in
good
faith
the
obligations
assumed 2. Each
Party
shall,
to
the
greatest
extent
possible,
ensure
pursuant to this Agreement and shall exercise the rights
that every port designated and publicised in accordance with
recognised herein in a manner that would not constitute an
paragraph 1 of this Article has sufficient capacity to conduct
abuse of right.
inspections pursuant to this Agreement.
Article 5
Article 8
Integration and coordination at the national level
Advance request for port entry
Each Party shall, to the greatest extent possible:
1. Each
Party
shall
require,
as
a
minimum
standard,
the
information requested in Annex A to be provided before
granting entry to a vessel to its port.
(a) integrate or coordinate fisheries related port State measures
with the broader system of port State controls;
2. Each
Party
shall
require
the
information
referred
to
in
paragraph 1 of this Article to be provided sufficiently in
(b) integrate port State measures with other measures to
advance to allow adequate time for the port State to examine
prevent, deter and eliminate IUU fishing and fishing
such information.
related activities in support of such fishing, taking into
account as appropriate the 2001 FAO International Plan
of Action to Prevent, Deter and Eliminate Illegal, Unreported
Article 9
and Unregulated Fishing; and
Port entry, authorisation or denial
1. After
receiving
the
relevant
information
required
pursuant
(c) take measures to exchange information among relevant
to Article 8, as well as such other information as it may require
national agencies and to coordinate the activities of such
to determine whether the vessel requesting entry into its port
agencies in the implementation of this Agreement.
has engaged in IUU fishing or fishing related activities in
support of such fishing, each Party shall decide whether to
authorise or deny the entry of the vessel into its port and
Article 6
shall communicate this decision to the vessel or to its represen
tative.
Cooperation and exchange of information
1. In
order
to
promote
the
effective
implementation
of
this
Agreement and with due regard to appropriate confidentiality
2. In the case of authorisation of entry, the master of the
requirements, Parties shall cooperate and exchange information
vessel or the vessel’s representative shall be required to present
with relevant States, FAO, other international organisations and
the authorisation for entry to the competent authorities of the
regional fisheries management organisations, including on the
Party upon the vessel’s arrival at port.
measures adopted by such regional fisheries management
organisations in relation to the objective of this Agreement.
3. In
the
case
of
denial
of
entry,
each
Party
shall
communicate its decision taken pursuant to paragraph 1 of
2. Each
Party
shall,
to
the
greatest
extent
possible,
take this Article to the flag State of the vessel and, as appropriate
measures in support of conservation and management
and to the extent possible, relevant coastal States, regional
measures adopted by other States and other relevant inter
fisheries management organisations and other international
national organisations.
organisations.

---

L 191/6
EN
Official Journal of the European Union
22.7.2011
4. Without
prejudice
to
paragraph
1
of
this
Article,
when
a
related activities required by a coastal State in respect of
Party has sufficient proof that a vessel seeking entry into its port
areas under the national jurisdiction of that State;
has engaged in IUU fishing or fishing related activities in
support of such fishing, in particular the inclusion of a vessel
on a list of vessels having engaged in such fishing or fishing
(c) the Party receives clear evidence that the fish on board was
related activities adopted by a relevant regional fisheries
taken in contravention of applicable requirements of a
management organisation in accordance with the rules and
coastal State in respect of areas under the national juris
procedures of such organisation and in conformity with inter
diction of that State;
national law, the Party shall deny that vessel entry into its ports,
taking into due account paragraphs 2 and 3 of Article 4.
(d) the flag State does not confirm within a reasonable period
of time, on the request of the port State, that the fish on
5. Notwithstanding paragraphs 3 and 4 of this Article, a
board was taken in accordance with applicable requirements
Party may allow entry into its ports of a vessel referred to in
of a relevant regional fisheries management organisation
those paragraphs exclusively for the purpose of inspecting it
taking into account paragraphs 2 and 3 of Article 4; or
and taking other appropriate actions in conformity with inter
national law which are at least as effective as denial of port
entry in preventing, deterring and eliminating IUU fishing and
(e) the Party has reasonable grounds to believe that the vessel
fishing related activities in support of such fishing.
was otherwise engaged in IUU fishing or fishing related
activities in support of such fishing, including in support
of a vessel referred to in paragraph 4 of Article 9, unless the
6. Where
a
vessel
referred
to
in
paragraph
4
or
5
of
this
vessel can establish:
Article is in port for any reason, a Party shall deny such vessel
the use of its ports for landing, transshipping, packaging, and
processing of fish and for other port services including, inter
(i) that it was acting in a manner consistent with relevant
alia, refueling and resupplying, maintenance and drydocking.
conservation and management measures; or
Paragraphs 2 and 3 of Article 11 apply mutatis mutandis in
such cases. Denial of such use of ports shall be in conformity
with international law.
(ii) in the case of provision of personnel, fuel, gear and
other supplies at sea, that the vessel that was provi
sioned was not, at the time of provisioning, a vessel
Article 10
referred to in paragraph 4 of Article 9.
Force majeure or distress
Nothing in this Agreement affects the entry of vessels to port in
2. Notwithstanding
paragraph
1
of
this
Article,
a
Party
shall
accordance with international law for reasons of force majeure
not deny a vessel referred to in that paragraph the use of port
or distress, or prevents a port State from permitting entry into
services:
port to a vessel exclusively for the purpose of rendering
assistance to persons, ships or aircraft in danger or distress.
(a) essential to the safety or health of the crew or the safety of
the vessel, provided these needs are duly proven; or
PART 3
USE OF PORTS
(b) where appropriate, for the scrapping of the vessel.
Article 11
Use of ports
3. Where
a
Party
has
denied
the
use
of
its
port
in
accordance
1. Where
a
vessel
has
entered
one
of
its
ports,
a
Party
shall with this Article, it shall promptly notify the flag State and, as
deny, pursuant to its laws and regulations and consistent with
appropriate, relevant coastal States, regional fisheries
international law, including this Agreement, that vessel the use
management organisations and other relevant international
of the port for landing, transshipping, packaging and processing
organisations of its decision.
of fish that have not been previously landed and for other port
services, including, inter alia, refueling and resupplying, main
tenance and drydocking, if:
4. A Party shall withdraw its denial of the use of its port
pursuant to paragraph 1 of this Article in respect of a vessel
only if there is sufficient proof that the grounds on which use
was denied were inadequate or erroneous or that such grounds
(a) the Party finds that the vessel does not have a valid and
no longer apply.
applicable authorisation to engage in fishing or fishing
related activities required by its flag State;
5. Where
a
Party
has
withdrawn
its
denial
pursuant
to
paragraph 4 of this Article, it shall promptly notify those to
(b) the Party finds that the vessel does not have a valid and
whom a notification was issued pursuant to paragraph 3 of this
applicable authorisation to engage in fishing or fishing
Article.

---

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/7
PART 4
(e) in case of appropriate arrangements with the flag State of
the vessel, invite the flag State to participate in the
INSPECTIONS AND FOLLOW-UP ACTIONS
inspection;
Article 12
Levels and priorities for inspection
(f) make all possible efforts to avoid unduly delaying the vessel
to minimise interference and inconvenience, including any
1. Each
Party
shall
inspect
the
number
of
vessels
in
its
ports
unnecessary presence of inspectors on board, and to avoid
required to reach an annual level of inspections sufficient to
action that would adversely affect the quality of the fish on
achieve the objective of this Agreement.
board;
2. Parties
shall
seek
to
agree
on
the
minimum
levels
for
(g) make all possible efforts to facilitate communication with
inspection of vessels through, as appropriate, regional fisheries
the master or senior crew members of the vessel, including
management organisations, FAO or otherwise.
where possible and where needed that the inspector is
accompanied by an interpreter;
3. In
determining
which
vessels
to
inspect,
a
Party
shall
give
priority to:
(h) ensure that inspections are conducted in a fair, transparent
and non-discriminatory manner and would not constitute
(a) vessels that have been denied entry or use of a port in
harassment of any vessel; and
accordance with this Agreement;
(i) not interfere with the master’s ability, in conformity with
(b) requests from other relevant Parties, States or regional
international law, to communicate with the authorities of
fisheries management organisations that particular vessels
the flag State.
be inspected, particularly where such requests are
supported by evidence of IUU fishing or fishing related
activities in support of such fishing by the vessel in
Article 14
question; and
Results of inspections
Each Party shall, as a minimum standard, include the
(c) other vessels for which there are clear grounds for
information set out in Annex C in the written report of the
suspecting that they have engaged in IUU fishing or
results of each inspection.
fishing related activities in support of such fishing.
Article 15
Article 13
Transmittal of inspection results
Conduct of inspections
Each Party shall transmit the results of each inspection to the
1. Each Party shall ensure that its inspectors carry out the
flag State of the inspected vessel and, as appropriate, to:
functions set forth in Annex B as a minimum standard.
(a) relevant Parties and States, including:
2. Each Party shall, in carrying out inspections in its ports:
(i) those States for which there is evidence through
(a) ensure that inspections are carried out by properly qualified
inspection that the vessel has engaged in IUU fishing
inspectors authorised for that purpose, having regard in
or fishing related activities in support of such fishing
particular to Article 17;
within waters under their national jurisdiction; and
(b) ensure that, prior to an inspection, inspectors are required
(ii) the State of which the vessel’s master is a national.
to present to the master of the vessel an appropriate
document identifying the inspectors as such;
(b) relevant regional fisheries management organisations; and
(c) ensure that inspectors examine all relevant areas of the
vessel, the fish on board, the nets and any other gear,
(c) FAO and other relevant international organisations.
equipment, and any document or record on board that is
relevant to verifying compliance with relevant conservation
and management measures;
Article 16
Electronic exchange of information
(d) require the master of the vessel to give inspectors all
1. To
facilitate
implementation
of
this
Agreement,
each
Party
necessary assistance and information, and to present
shall, where possible, establish a communication mechanism
relevant material and documents as may be required, or
that allows for direct electronic exchange of information, with
certified copies thereof;
due regard to appropriate confidentiality requirements.

---

L 191/8
EN
Official Journal of the European Union
22.7.2011
2. To
the
extent
possible
and
with
due
regard
to
appropriate 3. Nothing
in
this
Agreement
prevents
a
Party
from
taking
confidentiality requirements, Parties should cooperate to
measures that are in conformity with international law in
establish an information-sharing mechanism, preferably coor
addition to those specified in paragraphs 1 and 2 of this
dinated by FAO, in conjunction with other relevant multilateral
Article, including such measures as the flag State of the vessel
and intergovernmental initiatives, and to facilitate the exchange
has expressly requested or to which it has consented.
of information with existing databases relevant to this
Agreement.
Article 19
3. Each
Party
shall
designate
an
authority
that
shall
act
as
a
contact point for the exchange of information under this
Information on recourse in the port State
Agreement. Each Party shall notify the pertinent designation
1. A
Party
shall
maintain
the
relevant
information
available
to FAO.
to the public and provide such information, upon written
request, to the owner, operator, master or representative of a
vessel with regard to any recourse established in accordance
4. Each
Party
shall
handle
information
to
be
transmitted with its national laws and regulations concerning port State
through any mechanism established under paragraph 1 of this
measures taken by that Party pursuant to Article 9, 11, 13 or
Article consistent with Annex D.
18, including information pertaining to the public services or
judicial institutions available for this purpose, as well as
information on whether there is any right to seek compensation
5. FAO
shall
request
relevant
regional
fisheries
management in accordance with its national laws and regulations in the event
organisations to provide information concerning the measures
of any loss or damage suffered as a consequence of any alleged
or decisions they have adopted and implemented which relate
unlawful action by the Party.
to this Agreement for their integration, to the extent possible
and taking due account of the appropriate confidentiality
requirements, into the information-sharing mechanism referred
to in paragraph 2 of this Article.
2. The Party shall inform the flag State, the owner, operator,
master or representative, as appropriate, of the outcome of any
such recourse. Where other Parties, States or international
Article 17
organisations have been informed of the prior decision
pursuant to Article 9, 11, 13 or 18, the Party shall inform
Training of inspectors
them of any change in its decision.
Each Party shall ensure that its inspectors are properly trained
taking into account the guidelines for the training of inspectors
in Annex E. Parties shall seek to cooperate in this regard.
PART 5
Article 18
ROLE OF FLAG STATES
Article 20
Port State actions following inspection
Role of flag States
1. Where,
following
an
inspection,
there
are
clear
grounds
for believing that a vessel has engaged IUU fishing or fishing
1. Each
Party
shall
require
the
vessels
entitled
to
fly
its
flag
to
related activities in support of such fishing, the inspecting Party
cooperate with the port State in inspections carried out
shall:
pursuant to this Agreement.
(a) promptly notify the flag State and, as appropriate, relevant
coastal States, regional fisheries management organisations
2. When a Party has clear grounds to believe that a vessel
and other international organisations, and the State of
entitled to fly its flag has engaged in IUU fishing or fishing
which the vessel’s master is a national of its findings; and
related activities in support of such fishing and is seeking
entry to or is in the port of another State, it shall, as appro
priate, request that State to inspect the vessel or to take other
(b) deny the vessel the use of its port for landing, transshipping,
measures consistent with this Agreement.
packaging and processing of fish that have not been
previously landed and for other port services, including,
inter alia, refueling and resupplying, maintenance and
drydocking, if these actions have not already been taken
3. Each Party shall encourage vessels entitled to fly its flag to
in respect of the vessel, in a manner consistent with this
land, transship, package and process fish, and use other port
Agreement, including Article 4.
services, in ports of States that are acting in accordance with, or
in a manner consistent with this Agreement. Parties are
encouraged to develop, including through regional fisheries
2. Notwithstanding
paragraph
1
of
this
Article,
a
Party
shall management organisations and FAO, fair, transparent and
not deny a vessel referred to in that paragraph the use of port
non-discriminatory procedures for identifying any State that
services essential for the safety or health of the crew or the
may not be acting in accordance with, or in a manner
safety of the vessel.
consistent with, this Agreement.

---

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/9
4. Where, following port State inspection, a flag State Party
a disproportionate burden resulting from the implementation of
receives an inspection report indicating that there are clear
this Agreement is not transferred directly or indirectly to them.
grounds to believe that a vessel entitled to fly its flag has
In cases where the transfer of a disproportionate burden has
engaged in IUU fishing or fishing related activities in support
been demonstrated, Parties shall cooperate to facilitate the
of such fishing, it shall immediately and fully investigate the
implementation by the relevant developing States Parties of
matter and shall, upon sufficient evidence, take enforcement
specific obligations under this Agreement.
action without delay in accordance with its laws and regu
lations.
3. Parties shall, either directly or through FAO, assess the
special requirements of developing States Parties concerning
5. Each
Party
shall,
in
its
capacity
as
a
flag
State,
report
to the implementation of this Agreement.
other Parties, relevant port States and, as appropriate, other
relevant States, regional fisheries management organisations
and FAO on actions it has taken in respect of vessels entitled
4. Parties
shall
cooperate
to
establish
appropriate
funding
to fly its flag that, as a result of port State measures taken
mechanisms to assist developing States in the implementation
pursuant to this Agreement, have been determined to have
of this Agreement. These mechanisms shall, inter alia, be
engaged in IUU fishing or fishing related activities in support
directed specifically towards:
of such fishing.
(a) developing national and international port State measures;
6. Each
Party
shall
ensure
that
measures
applied
to
vessels
entitled to fly its flag are at least as effective in preventing,
(b) developing and enhancing capacity, including for moni
deterring, and eliminating IUU fishing and fishing related
toring, control and surveillance and for training at the
activities in support of such fishing as measures applied to
national and regional levels of port managers, inspectors,
vessels referred to in paragraph 1 of Article 3.
and enforcement and legal personnel;
PART 6
(c) monitoring, control, surveillance and compliance activities
relevant to port State measures, including access to tech
REQUIREMENTS OF DEVELOPING STATES
nology and equipment; and
Article 21
Requirements of developing States
(d) listing developing States Parties with the costs involved in
1. Parties shall give full recognition to the special
any proceedings for the settlement of disputes that result
requirements of developing States Parties in relation to the
from actions they have taken pursuant to this Agreement.
implementation of port State measures consistent with this
Agreement. To this end, Parties shall, either directly or
through FAO, other specialised agencies of the United Nations
5. Cooperation
with
and
among
developing
States
Parties
for
or other appropriate international organisations and bodies,
the purposes set out in this Article may include the provision of
including regional fisheries management organisations, provide
technical and financial assistance through bilateral, multilateral
assistance to developing States Parties in order to, inter alia:
and regional channels, including South-South cooperation.
6. Parties
shall
establish
an ad hoc working group to peri
(a) enhance their ability, in particular the least-developed
odically report and make recommendations to the Parties on
among them and small island developing States, to
the establishment of funding mechanisms including a scheme
develop a legal basis and capacity for the implementation
for contributions, identification and mobilisation of funds, the
of effective port State measures;
development of criteria and procedures to guide implemen
tation, and progress in the implementation of the funding
mechanisms. In addition to the considerations provided in
(b) facilitate their participation in any international organi
this Article, the ad hoc working group shall take into account,
sations that promote the effective development and imple
inter alia:
mentation of port State measures; and
(a) the assessment of the needs of developing States Parties, in
particular the least-developed among them and small island
(c) facilitate technical assistance to strengthen the development
developing States;
and implementation of port State measures by them, in
coordination with relevant international mechanisms.
(b) the availability and timely disbursement of funds;
2. Parties shall give due regard to the special requirements of
developing port States Parties, in particular the least-developed
(c) transparency of decision-making and management processes
among them and small island developing States, to ensure that
concerning fundraising and allocations; and

---

L 191/10
EN
Official Journal of the European Union
22.7.2011
(d) accountability of the recipient developing States Parties in
and review of the implementation of this Agreement as well as
the agreed use of funds.
the assessment of progress made towards achieving its objective.
Parties shall take into account the reports and any recommen
2. Four
years
after
the
entry
into
force
of
this
Agreement,
dations of the ad hoc working group and take appropriate
FAO shall convene a meeting of the Parties to review and assess
action.
the effectiveness of this Agreement in achieving its objective.
The Parties shall decide on further such meetings as necessary.
PART 7
DISPUTE SETTLEMENT
PART 10
Article 22
FINAL PROVISIONS
Peaceful settlement of disputes
Article 25
1. Any Party may seek consultations with any other Party or
Signature
Parties on any dispute with regard to the interpretation or
application of the provisions of this Agreement with a view
This Agreement shall be open for signature at FAO from the
to reaching a mutually satisfactory solution as soon as possible.
twenty-second day of November 2009 until the twenty-first day
of November 2010, by all States and regional economic inte
gration organisations.
2. In the event that the dispute is not resolved through these
consultations within a reasonable period of time, the Parties in
question shall consult among themselves as soon as possible
Article 26
with a view to having the dispute settled by negotiation,
inquiry, mediation, conciliation, arbitration, judicial settlement
Ratification, acceptance or approval
or other peaceful means of their own choice.
1. This
Agreement
shall
be
subject
to
ratification,
acceptance
or approval by the signatories.
3. Any
dispute
of
this
character
not
so
resolved
shall,
with
the consent of all Parties to the dispute, be referred for
settlement to the International Court of Justice, to the Inter
2.
Instruments of ratification, acceptance or approval shall be
national Tribunal for the Law of the Sea or to arbitration. In
deposited with the Depositary.
the case of failure to reach agreement on referral to the Inter
national Court of Justice, to the International Tribunal for the
Law of the Sea or to arbitration, the Parties shall continue to
Article 27
consult and cooperate with a view to reaching settlement of the
dispute in accordance with the rules of international law relating
Accession
to the conservation of living marine resources.
1. After the period in which this Agreement is open for
signature, it shall be open for accession by any State or
regional economic integration organisation.
PART 8
NON-PARTIES
2. Instruments
of
accession
shall
be
deposited
with
the
Article 23
Depositary.
Non-Parties to this Agreement
1. Parties
shall
encourage
non-Parties
to
this
Agreement
to
Article 28
become Parties thereto and/or to adopt laws and regulations
and implement measures consistent with its provisions.
Participation by Regional Economic Integration
Organisations
2. Parties
shall
take
fair,
non-discriminatory
and
transparent 1. In
cases
where
a
regional
economic
integration
organi
measures consistent with this Agreement and other applicable
sation that is an international organisation referred to in
international law to deter the activities of non-Parties which
Annex IX, Article 1, of the Convention does not have
undermine the effective implementation of this Agreement.
competence over all the matters governed by this Agreement,
Annex IX to the Convention shall apply mutatis mutandis to
participation by such regional economic integration organi
PART 9
sation in this Agreement, except that the following provisions
of that Annex shall not apply:
MONITORING, REVIEW AND ASSESSMENT
Article 24
(a) Article 2, first sentence; and
Monitoring, review and assessment
1. Parties
shall,
within
the
framework
of
FAO
and
its
relevant bodies, ensure the regular and systematic monitoring
(b) Article 3, paragraph 1.

---

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/11
2. In
cases
where
a
regional
economic
integration
organi
Article 31
sation that is an international organisation referred to in
Annex IX, Article 1, of the Convention has competence over
Declarations and statements
all the matters governed by this Agreement, the following
Article 30 does not preclude a State or regional economic inte
provisions shall apply to participation by the regional
gration organisation, when signing, ratifying, accepting,
economic integration organisation in this Agreement:
approving or acceding to this Agreement, from making a
declaration or statement, however phrased or named, with a
view to, inter alia, the harmonisation of its laws and regulations
(a) at the time of signature or accession, such organisation shall
with the provisions of this Agreement, provided that such
make a declaration stating:
declaration or statement does not purport to exclude or to
modify the legal effect of the provisions of this Agreement in
(i) that it has competence over all the matters governed by
their application to that State or regional economic integration
this Agreement;
organisation.
(ii) that, for this reason, its member States shall not
Article 32
become States Parties, except in respect of their terri
Provisional application
tories for which the organisation has no responsibility;
and
1. This
Agreement
shall
be
applied
provisionally
by
States
or
regional economic integration organisations which consent to
its provisional application by so notifying the Depositary in
(iii) that it accepts the rights and obligations of States under
writing. Such provisional application shall become effective
this Agreement;
from the date of receipt of the notification.
(b) participation of such an organisation shall in no case confer
2. Provisional
application
by
a
State
or
regional
economic
any rights under this Agreement on member States of the
integration organisation shall terminate upon the entry into
organisation;
force of this Agreement for that State or regional economic
integration organisation or upon notification by that State or
regional economic integration organisation to the Depositary in
(c) in the event of a conflict between the obligations of such
writing of its intention to terminate provisional application.
organisation under this Agreement and its obligations under
the Agreement establishing the organisation or any acts
relating to it, the obligations under this Agreement shall
Article 33
prevail.
Amendments
1. Any
Party
may
propose
amendments
to
this
Agreement
Article 29
after the expiry of a period of two years from the date of entry
Entry into force
into force of this Agreement.
1. This
Agreement
shall
enter
into
force
thirty
days
after
the
date of deposit with the Depositary of the twenty-fifth
2. Any
proposed
amendment
to
this
Agreement
shall
be
instrument of ratification, acceptance, approval or accession in
transmitted by written communication to the Depositary
accordance with Article 26 or 27.
along with a request for the convening of a meeting of the
Parties to consider it. The Depositary shall circulate to all
Parties such communication as well as all replies to the
2. For
each
signatory
which
ratifies,
accepts
or
approves
this request received from Parties. Unless within six months from
Agreement after its entry into force, this Agreement shall enter
the date of circulation of the communication one half of the
into force thirty days after the date of the deposit of its
Parties object to the request, the Depositary shall convene a
instrument of ratification, acceptance or approval.
meeting of the Parties to consider the proposed amendment.
3. For
each
State
or
regional
economic
integration
organi
3. Subject to Article 34, any amendment to this Agreement
sation which accedes to this Agreement after its entry into
shall only be adopted by consensus of the Parties present at the
force, this Agreement shall enter into force thirty days after
meeting at which it is proposed for adoption.
the date of the deposit of its instrument of accession.
4. Subject
to
Article
34,
any
amendment
adopted
by
the
4. For
the
purposes
of
this
Article,
any
instrument
deposited meeting of the Parties shall come into force among the
by a regional economic integration organisation shall not be
Parties having ratified, accepted or approved it on the
counted as additional to those deposited by its Member States.
ninetieth day after the deposit of instruments of ratification,
acceptance or approval by two-thirds of the Parties to this
Agreement based on the number of Parties on the date of
Article 30
adoption of the amendment. Thereafter the amendment shall
Reservations and exceptions
enter into force for any other Party on the ninetieth day after
that Party deposits its instrument of ratification, acceptance or
No reservations or exceptions may be made to this Agreement.
approval of the amendment.

---

L 191/12
EN
Official Journal of the European Union
22.7.2011
5. For
the
purposes
of
this
Article,
an
instrument
deposited (b) register this Agreement, upon its entry into force, with the
by a regional economic integration organisation shall not be
Secretariat of the United Nations in accordance with
counted as additional to those deposited by its Member States.
Article 102 of the Charter of the United Nations;
Article 34
(c) promptly inform each signatory and Party to this
Annexes
Agreement of all:
1. The
Annexes
form
an
integral
part
of
this
Agreement
and
a reference to this Agreement shall constitute a reference to the
Annexes.
(i) signatures and instruments of ratification, acceptance,
approval and accession deposited under Articles 25,
26 and 27;
2. An amendment to an Annex to this Agreement may be
adopted by two-thirds of the Parties to this Agreement present
at a meeting where the proposed amendment to the Annex is
(ii) the date of entry into force of this Agreement in
considered. Every effort shall however be made to reach
accordance with Article 29;
agreement on any amendment to an Annex by way of
consensus. An amendment to an Annex shall be incorporated
in this Agreement and enter into force for those Parties that
have expressed their acceptance from the date on which the
(iii) proposals for amendment to this Agreement and their
Depositary receives notification of acceptance from one-third
adoption and entry into force in accordance with
of the Parties to this Agreement, based on the number of
Article 33;
Parties on the date of adoption of the amendment. The
amendment shall thereafter enter into force for each
remaining Party upon receipt by the Depositary of its
(iv) proposals for amendment to the Annexes and their
acceptance.
adoption and entry into force in accordance with
Article 34; and
Article 35
Withdrawal
(v) withdrawals from this Agreement in accordance with
Any Party may withdraw from this Agreement at any time after
Article 35.
the expiry of one year from the date upon which the
Agreement entered into force with respect to that Party, by
giving written notice of such withdrawal to the Depositary.
Article 37
Withdrawal shall become effective one year after receipt of
Authentic texts
the notice of withdrawal by the Depositary.
The Arabic, Chinese, English, French, Russian and Spanish texts
of this Agreement are equally authentic.
Article 36
The Depositary
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being
The Director-General of the FAO shall be the Depositary of this
duly authorised, have signed this Agreement.
Agreement. The Depositary shall:
(a) transmit certified copies of this Agreement to each signatory
DONE at Rome on this twenty-second day of November in the
and Party;
year two thousand and nine.

---

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/13
ANNEX A
Information to be provided in advance by vessels requesting port entry

---

L 191/14
EN
Official Journal of the European Union
22.7.2011
ANNEX B
Port State inspection procedures
Inspectors shall:
(a) verify, to the extent possible, that the vessel identification documentation onboard and information relating to the
owner of the vessel is true, complete and correct, including through appropriate contacts with the flag State or
international records of vessels if necessary;
(b) verify that the vessel’s flag and markings (e.g. name, external registration number, International Maritime Organisation
(IMO) ship identification number, international radio call sign and other markings, main dimensions) are consistent
with information contained in the documentation;
(c) verify, to the extent possible, that the authorisations for fishing and fishing related activities are true, complete, correct
and consistent with the information provided in accordance with Annex A;
(d) review all other relevant documentation and records held onboard, including, to the extent possible, those in
electronic format and vessel monitoring system (VMS) data from the flag State or relevant regional fisheries
management organisations (RFMOs). Relevant documentation may include logbooks, catch, transshipment and
trade documents, crew lists, stowage plans and drawings, descriptions of fish holds, and documents required
pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
(e) examine, to the extent possible, all relevant fishing gear onboard, including any gear stowed out of sight as well as
related devices, and to the extent possible, verify that they are in conformity with the conditions of the authorisations.
The fishing gear shall, to the extent possible, also be checked to ensure that features such as the mesh and twine size,
devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and numbers are in
conformity with applicable regulations and that the markings correspond to those authorised for the vessel;
(f) determine, to the extent possible, whether the fish on board was harvested in accordance with the applicable
authorisations;
(g) examine the fish, including by sampling, to determine its quantity and composition. In doing so, inspectors may open
containers where the fish has been pre-packed and move the catch or containers to ascertain the integrity of fish
holds. Such examination may include inspections of product type and determination of nominal weight;
(h) evaluate whether there is clear evidence for believing that a vessel has engaged in IUU fishing or fishing related
activities in support of such fishing;
(i) provide the master of the vessel with the report containing the result of the inspection, including possible measures
that could be taken, to be signed by the inspector and the master. The master’s signature on the report shall serve
only as acknowledgment of the receipt of a copy of the report. The master shall be given the opportunity to add any
comments or objection to the report, and, as appropriate, to contact the relevant authorities of the flag State in
particular where the master has serious difficulties in understanding the content of the report. A copy of the report
shall be provided to the master; and
(j) arrange, where necessary and possible, for translation of relevant documentation.

---

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/15
ANNEX C
Report of the results of the inspection

---

L 191/16
EN
Official Journal of the European Union
22.7.2011

---

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/17
ANNEX D
INFORMATION SYSTEMS ON PORT STATE MEASURES
In implementing this Agreement, each Party shall:
(a) seek to establish computerised communication in accordance with Article 16;
(b) establish, to the extent possible, websites to publicise the list of ports designated in accordance with Article 7 and the
actions taken in accordance with the relevant provisions of this Agreement;
(c) identify, to the greatest extent possible, each inspection report by a unique reference number starting with 3-alpha
code of the port State and identification of the issuing agency;
(d) utilise, to the extent possible, the international coding system below in Annexes A and C and translate any other
coding system into the international system.
countries/territories: ISO-31663-alpha Country Code
species: ASFIS
3-alpha
code
(known
as
FAO
3-alpha
code)
vessel types:
ISSCFV code (known as FAO alpha code)
gear types:
ISSCFG code (known as FAO alpha code)
ANNEX E
Guidelines for the training of inspectors
Elements of a training programme for port State inspectors should include at least the following areas:
1. Ethics;
2. Health, safety and security issues;
3. Applicable national laws and regulations, areas of competence and conservation and management measures of
relevant RFMOs, and applicable international law;
4. Collection, evaluation and preservation of evidence;
5. General inspection procedures such as report writing and interview techniques;
6. Analysis of information, such as logbooks, electronic documentation and vessel history (name, ownership and
flag State), required for the validation of information given by the master of the vessel;
7. Vessel boarding and inspection, including hold inspections and calculation of vessel hold volumes;
8. Verification and validation of information related to landings, transshipments, processing and fish remaining
onboard, including utilising conversion factors for the various species and products;
9. Identification of fish species, and the measurement of length and other biological parameters;
10. Identification of vessels and gear, and techniques for the inspection and measurement of gear;
11. Equipment and operation of VMS and other electronic tracking systems; and
12. Actions to be taken following an inspection.

---

L 191/18
EN
Official Journal of the European Union
22.7.2011
DECLARATION CONCERNING THE COMPETENCE OF THE EUROPEAN UNION WITH REGARD TO
MATTERS GOVERNED BY THE AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND
ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
(Declaration made pursuant to point (a) of Article 28(2) of the Agreement)
1. Point (a) of Article 28(2) of the Agreement stipulates that in cases where a regional economic integration
organisation has competence over all the matters governed by this Agreement, at the time of signature or
accession, such organisation shall make a declaration to this effect.
2. Pursuant to point (h) of Article 1 of the Agreement a ‘regional economic integration organisation’ means
a regional economic integration organisation to which its member States have transferred competence
over matters covered by the Agreement, including the authority to make decisions binding on its
member States in respect of those matters.
3. The European Union is considered a regional economic integration organisation in accordance with the
above quoted Articles.
4. Consequently, the European Union hereby declares that:
(i) it has competence over all the matters governed by the Agreement;
(ii) for this reason, its Member States shall not become State Parties, except in respect of their territories
for which it has no responsibility.
The current Member States of the European Union are: the Kingdom of Belgium, the Republic of
Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the
Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic,
the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Grand Duchy of Luxembourg, the Republic of Hungary, Malta, the Kingdom of the Netherlands, the
Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of
Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United
Kingdom of Great Britain and Northern Ireland;
(iii) the European Union accepts the rights and obligations of States under the Agreement.
5. The European Union states that, in the event of the occurrence of a conflict as referred to in
Article 28(2)(c) of the Agreement, it will apply the obligations stemming from that provision in
accordance with the Treaty establishing the European Community as interpreted by the European
Court of Justice.

---