Agreement On The Network Of Aquaculture Centers In Asia And the Pacific
Rights And Obligations Of Members
The Governing Council
Functions Of The Governing Council
Technical Advisory Committee
Co-Ordinator And Staff
Legal Status, Privileges And Immunities
Co-Operation With Donor Governments And With Other Organizations And Institutions
Signature, Ratification, Accession, Entry Into Force And Admission
Withdrawal And Dissolution
Interpretation And Settlement Of Disputes
Agreement On The Network Of Aquaculture Centers In Asia And The Pacific Bangkok,
8th January 1988
The Contracting Parties,
Conscious of the paramount importance of fisheries as an essential sector of development in the Asia-Pacific region;
Recognizing that aquaculture plays a vital role in the promotion and better use of fishery resources;
Recognizing that the establishment and maintenance of a network of aquaculture centres in the region can make a significant contribution to the development of aquaculture;
Considering that the success of such a network will depend largely on close regional co-operation;
Considering that co-operation in this field can best be achieved through the establishment of an intergovernmental organization carrying out its activities in collaboration with other governments as well as organizations and institutions that may be able to provide financial and technical support;
Have agreed as follows:
Article 1 ESTABLISHMENT
The Contracting Parties hereby establish the Organization for the Network of Aquaculture Centres in Asia and the Pacific (NACA) with the objectives and functions set out hereinafter.
Article 2 DEFINITIONS
For the purpose of this Agreement:
'Aquaculture' means the farming of aquatic organisms.
'Donor Government' means a government, other than a Member Government, which makes a substantial contribution to the activities of the Organization and has concluded an agreement pursuant to Article 15 of this Agreement.
'Member' means a government which is a contracting party to this Agreement.
'National centre' means an aquaculture institution designated by a Member to serve as national focal point for linkage with NACA.
'Organization' means the Organization for the Network of Aquaculture Centres in Asia and the Pacific (NACA).
'Regional centre' means an aquaculture institution in the Asia-Pacific region selected by the Members to serve as a lead centre to share in the regional activities and responsibilities of NACA.
Article 3 OBJECTIVES
1. The objectives of the Organization shall be to assist the Members in their efforts to expand aquaculture development mainly for the purpose of:
(a) increasing production;
(b) improving rural income and employment;
(c) diversifying farm production; and
(d) increasing foreign exchange earnings and savings.
2. In order to facilitate the achievement of the foregoing objectives, the Organization shall:
(a) consolidate the establishment of an expanded network of aquaculture centres to share the responsibility of research, training and information exchange essential to aquaculture development in the region;
(b) strengthen institutional and personal links among national and regional centres through the exchange of technical personnel, technical know-how and information;
(c) promote regional self-reliance in aquaculture development through Technical Co-operation among Developing Countries (TCDC); and
(d) promote the role of women in aquaculture development.
Article 4 FUNCTIONS
In order to achieve its objectives, the Organization shall:
(a) conduct disciplinary and interdisciplinary research on selected aquafarming systems for adaptation or improvement of technologies, and for the development of new technologies;
(b) train and upgrade core personnel needed for national aquaculture planning, research, training, extension and development;
(c) establish a regional information system to provide appropriate information for development planning, research and training;
(d) assist Members in strengthening their national centres linked to the regional centres;
(e) assist the national centres of Members in testing and adapting existing technology to local requirements and in the training of technicians, extension workers and farmers at the national level;
(f) transfer to the Members appropriate aquaculture technologies and techniques developed at regional centres;
(g) facilitate the exchange of national experts, technical know-how and information within the framework of TCDC;
(h) develop programmes for the promotion of women's participation in aquaculture development at all levels;
(i) assist Members in feasibility studies and project formulation; and
(j) undertake such other activities related to the objectives of the Organization as may be approved by the Governing Council.
Article 5 SEAT
1. The Seat of the Organization shall be determined by the Governing Council, subject to the consent of the Member concerned.
2. The Host Government shall provide free of charge or at a nominal rent, such accommodation and facilities as are necessary for the efficient conduct of work at the Seat of the Organization.
3. If necessary, the Governing Council may establish subsidiary offices, subject to the consent of the Members concerned; in so doing account should be taken of the possibility of utilizing accommodation in existing centres.
Article 6 MEMBERSHIP
1. The Members of the Organization shall be the Contracting Parties to this Agreement.
2. The original Members of the Organization shall be the Governments in Asia and the Pacific invited to the Conference of Plenipotentiaries at which this Agreement was adopted, which have ratified the Agreement or have acceded thereto. A list of invited Governments is given in the Annex to this Agreement.
3. The Governing Council of the Organization may, by a majority of not less than two-thirds of the Members, authorize any Government not referred to in paragraph 2 above, which has submitted an application for membership, to accede to this Agreement as in force at the time of accession, in accordance with Article 16, paragraph 3.
Article 7 RIGHTS AND OBLIGATIONS OF MEMBERS
1. Members shall, in accordance with this Agreement, have the right:
(a) to attend the meetings of the Governing Council and other appropriate meetings that may be called by the Organization;
(b) to obtain on request, free of charge within reasonable limits, information available within the Organization, on matters of their concern, including guidelines for obtaining technical assistance, and collaboration in the study of their problems; and
(c) to receive free of charge publications and other information that may be distributed by the Organization.
2. Members shall, in accordance with this Agreement, have the following obligations:
(a) to settle their financial obligations towards the Organization;
(b) to collaborate in determining the technical activities of the Organization;
(c) to provide, promptly, information reasonably requested by the Organization, to the extent that this is not contrary to any laws or regulations of the Members;
(d) to undertake assignments that may be mutually agreed between individual Members or groups of Members and the Organization;
(e) to accord to the Organization and its Members, in so far as it may be possible under the constitutional procedures of the respective Members, facilities which are deemed essential for the successful functioning of the Organization; and
(f) to collaborate, in general, in the fulfilment of the objectives and functions of the Organization.
Article 8 THE GOVERNING COUNCIL
1. The Organization shall have a Governing Council on which each Member shall be represented. The Governing Council shall be the supreme body of the Organization.
2. The Governing Council shall adopt its own Rules of Procedure.
3. The Governing Council shall hold an annual session at such time and place as it shall determine.
4. Special sessions of the Governing Council may be convened by the Co-ordinator at the request of not less than two-thirds of the Members.
5. The Governing Council may, in its Rules of Procedure, establish a procedure whereby the Chairman of the Governing Council may obtain a vote of the Members on a specific question without convening a meeting of the Council.
6. The Governing Council shall elect its Chairman and other officers.
7. Each Member shall have one vote. Unless otherwise provided in this Agreement, decisions of the Governing Council shall be taken by a majority of the votes cast. A majority of the Members shall constitute a quorum.
8. The Food and Agriculture Organization of the United Nations (FAO) shall be invited to be represented at meetings of the Governing Council in an advisory capacity.
9. Donor Governments may be represented at meetings of the Governing Council in accordance with an agreement concluded with the Organization under Article 15 of this Agreement.
Article 9 FUNCTIONS OF THE GOVERNING COUNCIL
The functions of the Governing Council shall be:
(a) to determine the policy of the Organization and to approve by a majority of not less than two-thirds of the Members its programme of work and its budget, giving due consideration to the conclusions and recommendations of the Technical Advisory Committee referred to in Article 11;
(b) to assess, by a majority of not less than two-thirds of the Members, the contribution of Members as provided in Article 13;
(c) to establish special funds to enable the acceptance of additional resources for the development of programmes and projects;
(d) to lay down general standards and guidelines for the management of the Organization;
(e) to evaluate the progress of work and activities of the Organization including the auditing of accounts, in accordance with policies and procedures established for the purpose by the Governing Council, and to give guidance to the Co-ordinator on the implementation of its decisions;
(f) to formulate and adopt the Financial Regulations and the Administrative Regulations, and to appoint auditors;
(g) to appoint the Co-ordinator of the Organization and to determine his conditions of service;
(h) to adopt rules governing the settlement of disputes, referred to in Article 19;
(i) to approve formal arrangements with governments as well as other organizations or institutions, including any headquarters agreement concluded between the Organization and the Host Government;
(j) to adopt the Staff Regulations which determine the general terms and conditions of employment of the staff;
(k) to approve agreements for co-operation to be concluded pursuant to Article 15; and
(l) to perform all other functions that have been entrusted to it by this Agreement or that are ancillary to the accomplishment of the approved activities of the Organization.
Article 10 OBSERVERS
Non-member Governments, organizations and institutions that are able to make a significant contribution to the activities of the Organization may, in accordance with the Rules of Procedure adopted under Article 8, paragraph 2, be invited to be represented at sessions of the Governing Council as observers.
Article 11 TECHNICAL ADVISORY COMMITTEE
1. The Governing Council shall establish a Technical Advisory Committee composed of one representative designated by each Member of the Organization.
2. The representatives designated on the Technical Advisory Committee shall be persons with special competence and expertise in the field of aquaculture.
3. The Technical Advisory Committee shall meet at least once a year and at any time at the request of the Governing Council.
4. At its annual meeting the Committee shall designate one of the Committee members as Chairman who shall convene the next annual meeting of the Technical Advisory Committee.
5. The Technical Advisory Committee shall advise the Governing Council on all technical aspects of the activities of the Organization.
6. At each session, the Technical Advisory Committee shall adopt a report, which shall be submitted to the Governing Council.