Report of the Expert Consultation on Flag State Performance. Rome, 23-26 June 2009
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This document contains the report of the Expert Consultation on Flag State Performance that was held at FAO headquarters, Rome, from 23–26 June 2009. The Experts received a report on the "Expert’s Workshop on Flag State Responsibilities: Assessing Performance and Taking Action" that was organized by the Government of Canada from 25 to 28 March 2008 in Vancouver. The Consultation then considered a number of papers prepared by the experts and commentaries on them including criteria for assessing the performance of flag States, possible actions against vessels flying the flag of States not meeting the criteria for flag State performance, the role of national governments in implementing criteria and actions for flag States performance, the role of regional fisheries management organizations in implementing criteria and actions for flag State performance, the role of international institutions and instruments in implementing criteria and action for flag State performance and assistance to developing countries. The Consultation agreed to recommend to a Technical Consultation that international guidelines on criteria for assessing the performance of flag States and possible actions against vessels flying the flags of States not meeting such criteria should be developed. An assessment process would be an important part of such guidelines. Noting the basis provided by international law for such assessments, the experts agreed on the need for two processes: (i) one for self-assessment and (ii) another for international or multilateral assessment. The latter assessment would have to be undertaken in a spirit of cooperation and be consistent with the 1992 UN Convention on the Law of the Sea. The Consultation agreed upon draft criteria for flag State performance, processes for conducting assessments, post-assessment actions and assistance to developing countries to improve their performance as flag States. The experts considered that these criteria and actions would form an app ropriate framework for review by a Technical Consultation.