Annexes

p. 469-491


Texte intégral

Nous avons reproduit ici les memoranda entre les secrétariats des régimes méditerranéens étudiés dans le chapitre 4. Nous avons choisi les versions anglaises de ces accords, langue dans laquelle ils ont été négociés entre les différentes institutions concernées.

Memorandum of Understanding Between the United Nations Environment Programme in its Capacity as Secretariat of the Mediterranean Action Plan (UNEP/MAP) and the Food and Agriculture Organization of The United Nations (FAO) on Behalf of the General Fisheries Commission for the Mediterranean (GFCM)

The United Nations Environment Programme (UNEP) acting as Secretariat of the Mediterranean Action Plan (UNEP/MAP) and, the Food and Agriculture Organization of the United Nations (FAO), acting on behalf of the General Fisheries Commission for the Mediterranean (GFCM), hereafter referred to as the Parties

WHEREAS UNEP/MAP has the mandate to support the implementation of the Barcelona Convention and its seven Protocols including ecosystem approach to the management of human activities that may affect the Mediterranean marine and coastal environment for the promotion of sustainable development. In this context, it serves, through its Coordinating Unit, as Secretariat to the Convention and its Protocols and it provides assistance through its components to the Contracting Parties building their capacity and undertaking actions to fulfil their obligations towards the Convention and its Protocols,

WHEREAS the GFCM is the existing Regional Fisheries Management Organization established in 1949 under the provisions in article XIV of the FAO Constitution with the aim of, inter alia, promoting the development, conservation, rational management and best utilization of living marine resources and of favouring the sustainable development of aquaculture and has a mandate over the Mediterranean Sea, the Black Sea and their connecting waters. It serves its Members through four subsidiary bodies and thematic working groups which facilitate the implementation of agreed policies and activities, as coordinated by a Secretariat,

WHEREAS the Parties have similar responsibilities and share common goals and objectives with regard to conservation of marine environment and ecosystems and the sustainable use of marine living resources and wish to collaborate to further these common goals and objectives within their respective mandates and governing rules and regulations,

WHEREAS in recent years, the collaboration between UNEP/MAP and the GFCM has been mainly ensured through the Regional activity Centre for Specially Protected Areas (RAC/SPA) of UNEP/MAP within the framework of the Memorandum of Cooperation presented at the 32nd Session of the GFCM,

WHEREAS the Parties intend to conclude this Memorandum of Understanding with the aim to establish a broader cooperation aimed at harmonizing their activities and avoiding duplication through the following Memorandum of Understanding (hereafter referred to as “MoU”),

UNEP/MAP and the GFCM have agreed to cooperate under this MoU as follows:

Clause 1 Purpose

Having regard to the respective mandates of the Parties, the purpose of this MoU is to provide a framework of cooperation and understanding and to facilitate collaboration between the Parties to further their shared goals and objectives in relation to the conservation of marine environment and ecosystems and the sustainable use of marine living resources in their fields of competence.

Clause 2 Scope

1. Areas of cooperation are agreed jointly in accordance with the clauses of this MoU and its Annex to enable the Parties to respond to newly emerging issues in the realm of the conservation of marine environment and ecosystems, and the sustainable use of marine living resources.

2. The Parties shall work together, to the extent possible, within the remit of their respective mandates, for the implementation of the activities undertaken pursuant to this MoU. The areas of cooperation for this MoU are:

1) Promotion of ecosystem based approaches for the conservation of marine environment and ecosystems and the sustainable use of marine living resources;

2) Mitigation of the impact of fisheries and aquaculture activities on the marine habitats and species;

3) Identification, protection and management of marine areas of particular importance in the Mediterranean (hot spots of biodiversity, areas with sensitive habitats, essential fish habitats, areas of importance for fisheries and/or for the conservation of endangered species, coastal wetlands);

4) Integrated maritime policy;

5) Legal, institutional and policy related cooperation.

3. The details about the activities to be developed under the areas of cooperation indicated above are detailed in the Annex to this MoU. Specific activities will be identified and carried out on the basis of a separate legal instrument pursuant to Clause 3(8).

4. The areas of cooperation are relevant within the context of the mandates of the Parties. As appropriate, they will be revised to be in line with those decisions of the governing bodies of the Parties that might have a bearing on their respective mandates.

5. UNEP/MAP and the GFCM shall work together, to the extent possible, within the remit of their respective mandates, for the implementation of the activities undertaken pursuant to this MoU.

6. This MoU seeks to further harmonize the activities of the Parties, optimise the use of resources and to avoid duplication. In this context, UNEP/MAP and the GFCM will inform each other of their respective capacity development and capacity development related initiatives so as to strengthen cooperation through a permanent platform, such as websites of the Parties.

Clause 3 Organizational arrangements pertaining to the cooperation

1. The Parties shall hold bilateral consultations on matters of common interest, in accordance with an agenda agreed in advance by them, aiming also at the development/review of their joint activities. Relevant international organisations and relevant initiatives/projects may be invited by both Parties to join such consultations that will take place at least once per year, through face-to-face meetings or remote conferences. The following two items should be examined at least once per year in occasion of consultations:

a) technical and operational issues related to furthering the objectives of the MoU;

b) review progress in the work by the Parties in implementing the MoU.

2. Further bilateral meetings at desk-to-desk and at expert level will be encouraged and convened on an ad hoc basis, as deemed necessary by the Parties to address priority matters regarding the implementation of activities in specific areas, countries and regions.

3. Where the Parties convene a meeting at which policy matters related to this MoU will be discussed, the Parties will, as appropriate, invite each other as observers The Parties will consider the possibility of joint missions and the hosting of joint training activities and informal sessions.

4. UNEP/MAP and the GFCM will inform their relevant governing bodies on the progress made in implementing this MoU by including this issue in the agenda of each Ordinary Meeting/Annual Session of their respective governing bodies (Contracting Parties Meeting for UNEP/MAP and Commission Session for the GFCM).

5. The Parties will encourage, and where possible promote, contacts, exchange of information and joint activities at national level between their focal points, particularly in those countries where the focal points for the Parties are not the same. The Parties may subsequently develop these contacts, exchange of information and joint activities taking care of safeguarding the confidentiality of the information and documents that have this character.

6. Within the remit of areas of cooperation set in Clause 2(2), collaboration between UNEP/MAP and the GFCM will be carried out, as appropriate, through joint elaboration, fundraising for and implementation of projects on specific issues of common interest.

7. Neither Party shall engage in fund raising with third Parties for activities to be carried out within the framework of this MoU in the name of or on behalf of the other.

8. Nothing under this MoU imposes financial obligations upon either Party. If the Parties mutually agree to allocate specific funds to facilitate an activity undertaken pursuant to this MoU, such an agreement will be reflected in writing and signed by both Parties. In particular, for the implementation of joint activities within the framework of this MoU that might involve payment of funds, a specific separate legal instrument will be entered into, as appropriate, taking into account those relevant administrative and financial rules and procedures applicable to the Parties.

9. The Parties will undertake, within their global knowledge network and to the extent possible, to facilitate mutual access to relevant information and body of work as well as dissemination between them. The Parties will consider the possibility of joint missions and the hosting of joint training activities and information sessions.

10. Both Parties shall identify one or more focal points within their internal organizational structure to coordinate cooperation under this MoU. In addition, both Parties shall identify an overall focal point responsible for the implementation and the monitoring of the activities under this MoU.

Clause 4 Status of personnel

1. For the purpose of implementation of this MoU, no agents, sub-contractors or employees of one of the Parties shall be considered in any way as agents or staff members of the other Party. Each of the Parties shall not be liable for the acts or omissions of the other Party or its personnel/persons performing services on behalf of it.

2. The Parties are not being responsible for any salaries, wages, insurance or other benefits due or payable to the other Party’s personnel. Moreover the other Party shall be solely responsible for all such salaries, wages, insurance and benefits, including without limitation, any severance or termination payments to such personnel. The Parties shall entertain no claims and have no liability whatsoever in respect thereof.

Clause 5 Dispute settlement

In the event a dispute or controversy arises out of, or in connection with this MoU, the Parties shall use their best efforts to promptly settle through direct and amicable negotiations such dispute or controversy or claim arising out of or in connection with this MoU or any breach thereof. Any such dispute, controversy or claim which is not settled sixty (60) days from the date either Party has notified the other Party of the nature of the dispute, controversy or claim of the measures which should be taken to rectify it, shall be resolved through consultation between the executive Heads of the Parties.

Clause 6 Official emblems and logos

1. Neither Party shall use the name, emblem or logos of the other Party, its subsidiaries, affiliates, and/or authorized agents, or any abbreviation thereof, in publications and documents produced by the Parties, without the express prior written approval of the other Party in each case.

2. In no event will authorization of the UNEP/MAP or the GFCM name or emblem, or any abbreviation thereof, be granted for commercial purposes.

Clause 7 Intellectual property rights

The Parties shall consult with each other regarding the intellectual Property Rights as appropriate relating to any project or benefits derived thereof in respect of activities carried out under a separate legal instrument pursuant this MoU.

Clause 8 Notification and amendments

1. Each Party shall notify the other in writing, within 3 months of any proposed or actual changes that it deems necessary for this MoU.

2. Upon receipt of such notification, the Parties shall consult each other with a view of reaching an agreement on any actual or proposed change(s) suggested in accordance with Clause 8 (1).

3. This MoU may be amended only by mutual agreement of the Parties reflected in writing.

Clause 9 Interpretation

1. The Annex to this MoU will be considered part of this MoU. Unless the context otherwise requires, references to this MoU will be construed as a reference to this MoU including the Annex hereto, as varied or amended in accordance with the clauses of this MoU.

2. This MoU supersedes all prior memoranda, including with RAC/SPA, communications and representations between the Parties, whether oral or written, concerning the subject matter thereof.

Clause 10 Termination

1. This MoU may be terminated by either Party by giving prior written notice to the other Party. It shall cease to exist in three (3) months following notification of the termination of this MoU. In that event, the Parties will agree on measures required for the orderly conclusion of any ongoing activities.

2. Unless agreed otherwise, upon termination of this MoU, the rights and obligations of the Parties defined under any other legal instrument pursuant this MoU, will cease to be effective, unless provided otherwise.

Clause 11

Duration

1. This MoU shall enter into force once it is signed by the duly authorized representatives of both Parties. As of that moment, the MoU shall remain in effect until terminated in accordance with Clause 10 above. Its content shall be reviewed every two (2) years, as appropriate.

2. This MoU is signed in two (2) original copies in English equally authentic.

IN WITNESS WHEREOF, the duly authorized representatives of the Parties affix their signatures below.

For UNEP, on behalf of the Secretariat of the MAP

Name: Ms Maria Luisa Silva Mejias

Title: Executive Secretary and Coordinator

Date: 14 May 2012

For FAO, on behalf of the GFCM

Name: Mr Abdellah Srour

Title: GFCM Executive Secretary

Date: 14 May 2012

Memorandum of Understanding Between the Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS) and the Food and Agriculture Organization of the United Nations (FAO) on Behalf of the General Fisheries Commission for the Mediterranean (GFCM)

The Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS) and the Food and Agriculture Organization of the United Nations (FAO), acting on behalf of the General Fisheries Commission for the Mediterranean (GFCM), hereafter referred to as the “Parties”;

WHEREAS as a result of a consultation process involving the Secretariat of the 1979 Convention on the Conservation of European Wildlife and Natural Habitats (“Bern Convention), the 1992 Convention on the Protection of the Black Sea Against Pollution (“Bucharest Convention”) and its Protocols and the 1995 Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (“Barcelona Convention”) and its Protocols, which led to the adoption of the 1996 Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area, ACCOBAMS was established in order to reduce threats to cetaceans in the Mediterranean and the Black Sea and improve knowledge of these animals as well as to provide a cooperative tool for the conservation of marine biodiversity in the Mediterranean and the Black Sea,

WHEREAS the GFCM is the Regional Fisheries Management Organization established in 1949 under the provisions of article XIV of the FAO Constitution with the aim of, inter alia, promoting the development, conservation, rational management and best utilization of living marine resources and of favouring the sustainable development of aquaculture and has a mandate over the Mediterranean Sea, the Black Sea and their connecting waters. It serves its Members through four subsidiary bodies and thematic working groups which facilitate the implementation of agreed policies and activities, as coordinated by a Secretariat,

WHEREAS the Parties have common goals and objectives with regard to the conservation of marine biodiversity in the Mediterranean and the Black Sea and wish to collaborate to further these common goals and objectives within their respective mandates and governing rules and regulations,

WHEREAS the Parties intend to establish a broader cooperation aimed at harmonizing their activities, avoiding duplications and promoting synergies through the following Memorandum of Understanding (hereafter referred to as “MoU”),

ACCOBAMS and the GFCM have agreed to cooperate under this MoU as follows:

Clause 1 Interpretation

This MoU supersedes all prior communications and representations between the Parties, whether oral or written, concerning the subject matter thereof.

Clause 2 Purpose

Having regard to the respective mandates of the Parties, the purpose of this MoU is to provide a framework of cooperation and understanding and to facilitate collaboration between the Parties to further their shared goals and objectives in relation to the conservation of marine biodiversity in the Mediterranean and the Black Sea in their fields of competence.

Clause 3 Areas and scope of cooperation

1. Areas of cooperation are agreed jointly in accordance with the clauses of this MoU to enable the Parties to respond to newly emerging issues in the realm of the conservation of marine biodiversity.

2. The Parties have agreed on the following areas of cooperation for this MoU:

1) Collection and assessment of information relating to the conservation of cetaceans in a manner that enables to build upon existing interactions between ACCOBAMS and the GFCM;

2) Assessment of human-cetacean interactions, including fishing and aquaculture,

3) Mitigation of the impacts of human-cetacean interactions, including fishing and aquaculture, for better habitats protection and natural resources management;

4) Research, monitoring, collection and dissemination of information;

5) Development of capacity building activities (e.g. training programmes, dissemination of relevant information, building awareness, etc.).

3. The details about the activities to be developed within the remit of areas of cooperation set in Clause 3(2) above, include, but are not limited to:

1) Promoting, within the respective mandates, the elaboration of measures contributing to the conservation of cetaceans in the Mediterranean and the Black Sea;

2) Cooperating in undertaking assessments of human-cetacean interactions, including by launching joint initiatives to raise awareness about the need to mitigate the negative impacts of such interactions;

3) Developing the concept of marine spatial planning in a manner that takes into account fisheries and aquaculture activities, as well as any other activities for the conservation of cetaceans, so to address possible conflicts between these activities and other uses of the sea (e.g. tourism, marine renewable energies, etc.);

4) Strengthening scientific advice on issues of common interest, including through joint research initiatives, and ensure dissemination of any information relating thereto.

5) Collaborating in the elaboration, including external fundraising, of joint projects for the implementation of activities of common interest in relation to this MoU. Specific activities will be identified and carried out on the basis of a protocol pursuant to Clause 4(7).

4. The areas of cooperation are relevant within the context of the mandates of the Parties. As appropriate, they will be revised to be in line with those decisions of the governing bodies of the Parties that might have a bearing on their respective mandates.

5. ACCOBAMS and the GFCM shall work together, to the extent possible, within the remit of their respective mandates, for the implementation of the activities undertaken pursuant to this MoU.

6. This MoU seeks to further harmonize the activities of the Parties, optimise the use of resources and to avoid duplications. In this context, ACCOBAMS and the GFCM will inform each other of their respective capacity development and capacity development related initiatives so as to strengthen cooperation through a permanent platform, such as websites of the Parties.

Clause 4 Organizational arrangements pertaining to cooperation

1. The Parties shall hold bilateral consultations on matters of common interest, in accordance with an agenda agreed in advance by them, aiming also at the development/review of their joint activities. Relevant international organisations and relevant initiatives/projects may be invited by both Parties to join such consultations that will take place at least once per year, through face-to-face meetings or remote conferences. The following two items should be examined, as appropriate, in occasion of consultations relating to:

a) technical and operational issues related to furthering the objectives of the MoU;

b) review progress in the work by the Parties in implementing the MoU.

2. Further bilateral meetings at desk-to-desk and at expert level will be encouraged and convened on an ad hoc basis, as deemed necessary by the Parties to address priority matters regarding the implementation of activities in specific areas, countries and regions.

3. Where the Parties convene a meeting at which policy matters related to this MoU will be discussed, the Parties will, as appropriate, invite each other.

4. ACCOBAMS and the GFCM will inform their relevant governing bodies on the progress made in implementing this MoU by including this issue in the agenda of each Ordinary Meeting/Annual Session of their respective governing bodies.

5. The Parties will encourage, and where possible promote, contacts, exchange of information and joint activities at national level between their focal points, particularly in those countries where the focal points for the Parties are not the same.

6. Within the remit of areas of cooperation set in Clause 3(2), collaboration between ACCOBAMS and the GFCM will be carried out, as appropriate, through joint elaboration, fundraising for and implementation of projects on specific issues of common interest.

7. Nothing under this MoU imposes financial obligations upon either Party. If the Parties mutually agree to allocate specific funds to facilitate an activity undertaken pursuant to this MoU, such an agreement will be reflected in writing and signed by both Parties. In particular, for the implementation of joint activities within the framework of this MoU that might involve payment of funds, a specific protocol will be entered into, as appropriate, taking into account those relevant administrative and financial rules and procedures applicable to the Parties.

8. Both ACCOBAMS and the GFCM will identify, as appropriate, focal points within their internal organizational structure to coordinate cooperation under this MoU. In addition, both Parties shall identify an overall focal point responsible for the implementation and the monitoring of the activities under this MoU.

Clause 5 Knowledge management

1. The Parties will undertake, within their global knowledge network and to the extent possible, to facilitate mutual access to relevant information and body of work as well as dissemination between them.

2. The Parties will consider the possibility of joint missions and the hosting of joint training activities and information sessions.

Clause 6 Status of personnel

For the purpose of implementation of this MoU, no agents, sub-contractors or employees of one of the Parties shall be considered in any way as agents or staff members of the other Party. Each of the Parties shall not be liable for the acts or omissions of the other Party or its personnel/persons performing services on behalf of it.

Clause 7 Confidentiality

Neither of the Parties nor its personnel shall communicate to any other person or entity any confidential information made known to it by the other Party in the course of the implementation of this MoU nor shall it use this information to private or company advantage. This provision shall survive the expiration of termination of this MoU.

Clause 8 Dispute settlement

Any dispute between the Parties concerning the interpretation and the execution of this MoU, or any document or arrangement relating thereto, shall be settled by negotiation between the Parties. Any differences that may not be so settled shall be brought to the attention of the Executive Heads of the two Agencies for final resolution.

Clause 9 Official emblems and logos

1. Neither Party shall use the name, emblem or logos of the other Party, its subsidiaries, affiliates, and/or authorized agents, or any abbreviation thereof, in publications and documents produced by the Parties, without the express prior written approval of the other Party in each case.

2. In no event will authorization of ACCOBAMS or the GFCM name or emblem, or any abbreviation thereof, be granted for commercial purposes.

Clause 10 Intellectual property rights

Intellectual property rights relating to any project under or activity pursuant to this MoU will be managed in accordance with the rules and policies of each Party. In any case, the Parties shall consult with each other regarding the joint management of these rights so as to ensure their respect.

Clause 11 Notification and amendments

1. Each Party shall notify the other in writing, within 3 months of any proposed or actual changes that it deems necessary for this MoU.

2. Upon receipt of such notification, the Parties shall consult each other with a view of reaching an agreement on any actual or proposed change(s) suggested in accordance with Clause 11(1).

3. This MoU may be amended only by mutual agreement of the Parties reflected in writing.

Clause 12 Termination

1. This MoU may be terminated by either Party by giving 6 months prior written notice to the other Party.

2. Upon termination of this MoU, the rights and obligations of the Parties defined under any specific arrangement established in accordance with Clause 4(7) and Clause 9 of this MoU shall remain effective, unless agreed otherwise.

Clause 13 Duration

This MoU shall be signed on the same date by both Parties. It shall remain in effect for 4 years or until terminated in accordance with Clause 12 above. Its content will be reviewed every 2 years, as appropriate.

IN WITNESS WHEREOF, the duly authorized representatives of the Parties affix their signatures below.

For ACCOBAMS

Name: Ms Marie Christine Grillo

Title: ACCOBAMS Executive Secretary

Date: 14 May 2012

For FAO, on behalf of GFCM

Name: Mr Abdellah Srour

Title: GFCM Executive Secretary

Date: 14 May 2012

Memorandum of Understanding Between Secretariat of the Barcelona Convention and the Mediterranean Action Plan (UNEP/MAP-Barcelona Convention) and the Permanent Secretariat of the Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS)

WHEREAS the United Nations Environment Programme (hereinafter referred to as UNEP) is the leading global environmental authority that sets the global environmental agenda, promotes the coherent implementation of the environmental dimension of sustainable development within the United Nations system and serves as an authoritative advocate for the global environment;

WHEREAS the Secretariat of the Barcelona Convention and the Mediterranean Action Plan (hereinafter referred to as UNEP/MAP-Barcelona Convention) is administered by UNEP and has the mandate as per the Barcelona Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean adopted in 1976 and revised in 1995, to assist the Mediterranean countries, with its main objectives through its seven protocols respectively to assess and control marine pollution; to ensure sustainable management of natural marine and coastal resources; to address common challenges related to the prevention and reduction of pollution from land-based sources, ships, dumping, off-shore installations and the movement of hazardous substances; to ensure the protection of biodiversity; and, the integrated management of coastal zones;

WHEREAS UNEP/MAP has also the mandate to assist in the implementation of the Mediterranean Action Plan (MAP) which was adopted in 1975 and became MAP II after its revision in 1995;

WHEREAS in this context, the Contracting Parties to the Barcelona Convention adopted Regional Strategies, Actions Plans and Programmes as well as put in place regional structures including a consolidated system of focal points, the Secretariat and six Regional Activity Centers1, which have a mandate for carrying out activities aimed at facilitating implementation of the seven Protocols of the Barcelona Convention, the decisions of the Meetings of the Contracting Parties to the Barcelona Convention and its Protocols;

WHEREAS the Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and contiguous Atlantic Area (ACCOBAMS) was adopted in 1996 as a result of a consultation process involving the Secretariat of the 1979 Convention on the Conservation of European Wildlife and Natural Habitats (“Bern Convention”), the 1979 Convention on the Conservation of Migratory Species of wild animals (“Bonn Convention” or CMS) and the 1995 Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (“Barcelona Convention”) and its Protocols;

WHEREAS the ACCOBAMS aims to achieve and maintain a favourable conservation status for cetaceans through measures to eliminate deliberate killing of cetaceans and to mitigate the impacts of harmful human activities;

WHEREAS the Secretariat of the ACCOBAMS (hereinafter referred to as ACCOBAMS Secretariat) has in its mandate to liaise and facilitate co-operation with international and national bodies whose activities are directly or indirectly relevant to the conservation of cetaceans in the ACCOBAMS Agreement area;

WHEREAS UNEP/MAP-Barcelona Convention and ACCOBAMS (hereinafter collectively referred to as “the Parties”) share common objectives with regard to the conservation, protection, enhancement and support of nature and natural resources, including biological diversity, and wish to collaborate to further these common goals and objectives within their respective mandates and governing rules and regulations;

WHEREAS the 14th Ordinary Meeting of the Contracting Parties to the Barcelona Convention (Portoroz, Slovenia, 8-11 November 2005) recommended the Contracting Parties to recognize that common obligations relating to cetaceans under the Specially Protected Areas and Biodiversity Protocol are fulfilled by the implementation of ACCOBAMS;

WHEREAS the 18th Ordinary Meeting of the Contracting Parties to the Barcelona Convention (Istanbul, 3-6 December 2013) welcomed the steps taken by UNEP/MAP-Barcelona Convention for the initial discussions regarding a cooperation agreement with ACCOBAMS, and requested UNEP/MAP-Barcelona Convention to finalize the agreement;

WHEREAS several UNEP/MAP-Barcelona Convention regional activity centers and Programmes address issues of importance for ACCOBAMS;

WHEREAS Resolution 1.4 approved at the First Meeting of the Parties to ACCOBAMS entrusted the RAC/SPA of UNEP/MAP-Barcelona Convention with the duties of the ACCOBAMS Coordination Unit for the Mediterranean region;

WHEREAS an Action Plan for the conservation of cetaceans in the Mediterranean Sea was adopted in 1991 by the Contracting Parties to the Barcelona Convention at their Seventh Ordinary Meeting and for which RAC/SPA provides technical follow-up for its implementation;

WHEREAS the Parties share common goals and objectives with regard to conservation of marine environment and ecosystems in the Mediterranean region and intend to conclude this Memorandum of Understanding (hereinafter referred to as “MoU”) with the aim of consolidating, developing and detailing their cooperation and effectiveness to achieve the common objectives and strengthen regional synergy within their respective mandates and governing rules and regulations;

NOW, THEREFORE, UNEP/MAP-Barcelona Convention AND THE ACCOBAMS SECRETARIAT HAVE AGREED TO COOPERATE UNDER THIS MEMORANDUM OF UNDERSTANDING AS FOLLOWS:

Article 1 Interpretation

1. References to this MoU shall be construed as including any Annexes, as varied or amended in accordance with the terms of this MoU. Any Annexes shall be subject to the provisions of this MoU, and in case of any inconsistency between an Annex and this MoU, the latter shall prevail.

2. Implementation of any subsequent activities, projects and programmes pursuant to this MoU, including those involving the transfer of funds between the Parties, shall necessitate the execution of appropriate legal instruments between the Parties. The terms of such legal instruments shall be subject to the provisions of this MoU.

3. This MoU represents the complete understanding between the Parties and supersedes all prior MoUs, communications and representations, whether oral or written, concerning the subject matter of this MoU.

4. Any Party’s failure to request implementation of a provision of this MoU shall not constitute a waiver of that or any other provision of this MoU.

Article 2 Duration

1. This MoU shall be effective upon the last date of signature of the approving officials and remain in effect for three years, unless terminated in accordance with Article 15 below.

Article 3 Purpose

1. Having regard to the respective mandates of the Parties, the purpose of this MoU is to provide a framework of cooperation and understanding, and to facilitate collaboration between the Parties to further their shared goals and objectives in regard to the conservation of marine environment and ecosystems in their fields of competence.

2. The objectives of this MoU shall be achieved through:

a. Regular dialogue and meetings between UNEP/MAP-Barcelona Convention and the ACCOBAMS Secretariat;

b. Execution of separate legal instruments between the Parties to define and implement any subsequent activities, projects and programmes pursuant to Article 1.2.

Article 4 Areas of Cooperation

1. Areas of Cooperation are agreed jointly through the cooperation mechanism in the MoU. Policies and priorities under this MoU may also be jointly updated by the Parties pursuant to Article 5 to allow the Parties to respond to newly emerging issues in the realm of environment and sustainable development.

2. The Parties have agreed to the following preliminary and overarching areas of cooperation for this MoU, which form part of UNEP/MAP-Barcelona Convention’s mandate and programme of work and have been approved by Ordinary Meetings of Contracting Parties to Barcelona Convention. The areas of cooperation items listed below are also priorities or ongoing activities of the ACCOBAMS Secretariat, in accordance with its mandate. All could be strengthened through the cooperation of the Parties.

a. Collection and assessment of information relating to the conservation of cetaceans;

b. Identification, protection and management of marine areas of particular importance for cetaceans, in particular transboundary areas and areas beyond the national jurisdiction of coastal States;

c. Promotion of ecosystem based approaches for the conservation of marine environment and ecosystems through the assessment, monitoring and mitigation of adverse human cetacean interactions, such fisheries, ship strikes, offshore noise-producing activities and marine litter;

d. Legal, institutional and policy related cooperation;

e. Development of capacity building activities (e.g. training programmes, dissemination of relevant information, building awareness, etc.).

3. The above list is not exhaustive and should not be taken to exclude or replace other forms of cooperation between the Parties on other issues of common interest. The details about the activities to be developed under the areas of cooperation indicated above are included in, but not limited to, the Appendix to this MoU. The Annex shall be reviewed by the Parties every three (3) years in order to adapt it to the activities and possible new orientations that might be decided by the respective governing bodies of the UNEP/MAP-Barcelona Convention and/or the ACCOBAMS.

4. Specific activities may be identified and will be carried out on the basis of separate legal instruments established between the ACCOBAMS Secretariat and UNEP/MAP-Barcelona Convention, as well as between the ACCOBAMS Secretariat and one or more components of the UNEP/MAP-Barcelona Convention, including the Regional Activity Centre for Specially Protected Areas (RAC/SPA), the Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC) and the Med POL Programme.

5. In particular, a Memorandum of Understanding will be concluded, and regularly reviewed between the ACCOBAMS Secretariat and RAC/SPA in its quality of ACCOBAMS sub-regional Coordination unit in the Mediterranean. It will cover activities identified in accordance with the ACCOBAMS and the RAC/SPA work programmes.

6. The ACCOBAMS Secretariat and UNEP/MAP-Barcelona Convention shall work together, to the extent possible, within the remit of their respective mandates, for the implementation of the activities undertaken pursuant to this MoU.

7. This MoU seeks to consolidate and intensify cooperation between the Parties and to strengthen regional synergy. In this context, ACCOBAMS and UNEP/MAP-Barcelona Convention-Barcelona Convention will inform each other of their respective capacity development and capacity development related initiatives so as to strengthen cooperation through a permanent platform, such as websites of the Parties.

Article 5 Organization of the Cooperation

1. The Parties shall hold bilateral meetings on matters of common interest, in accordance with an agenda agreed to in advance by the Parties, for the purpose of developing and monitoring collaborative activities. Relevant international organizations and relevant initiatives/projects may be invited by both Parties to join such consultations that will take place at least once per year, through face-to-face meetings or remote conferences. The following two items should be examined at least once per year in occasion of consultations:

a. discuss technical and operational issues related to furthering the objectives of this MoU; and

b. review progress of collaboration and related work between the Secretariat of ACCOBAMS and the components of the UNEP/MAP-Barcelona Convention, (as RAC/SPA, REMPEC) and Med POL covered by separate legal instrument in accordance with Article 4.4 above.

2. In implementing activities, projects and programmes in the agreed priority areas, the Parties shall execute a separate legal instrument appropriate for the implementation of such initiatives in accordance with Article 1.2 above. In identifying the areas of cooperation under this MoU, due regard shall be given to ACCOBAMS’ and the UNEP/MAP’s-UNEP/MAP-Barcelona Convention geographic coverage.

3. Where one of the Parties is organizing a meeting with external participation at which policy matters related to the aims of this MoU shall be discussed, it shall, as appropriate, either invite the other Party to participate in the meeting or update it on relevant policy matters discussed at the meeting.

4. The ACCOBAMS Secretariat and UNEP/MAP-Barcelona Convention-Barcelona Convention will inform their relevant governing bodies on the progress made in implementing this MoU by including this issue in the agenda of each Ordinary Meeting of their respective governing bodies (Meeting of the Parties for ACCOBAMS and Contracting Parties Meeting for UNEP/MAP-Barcelona Convention).

5. Nothing under this MoU imposes financial obligations upon either Party. If the Parties mutually agree to allocate specific funds to facilitate an activity undertaken pursuant to this MoU, such an agreement will be reflected in writing and signed by both Parties. In particular, for the implementation of joint activities within the framework of this MoU that might involve payment of funds, a specific separate legal instrument will be entered into, as appropriate, taking into account those relevant administrative and financial rules and procedures applicable to the Parties.

6. The Parties will undertake, within their global knowledge network and to the extent possible, to facilitate mutual access to relevant information and body of work as well as dissemination between them. The Parties will consider the possibility of joint missions and the hosting of joint training activities and information sessions.

Article 6 Status of the Parties and their Personnel

1. While confirming their strong willingness to cooperate and to the extent possible create synergies in the implementation of their respective activities, the Parties acknowledge and agree that they are separate and distinct entities and that ACCOBAMS is separate and distinct from the United Nations and UNEP. The employees, personnel, representatives, agents, contractors, affiliates or Partners of the ACCOBAMS Secretariat, including the personnel engaged by the ACCOBAMS Secretariat for carrying out any of the project activities pursuant to this MoU, shall not be considered in any respect or for any purposes whatsoever as being employees, personnel, representatives, agents, contractors or affiliates of the United Nations, including UNEP, nor shall any employees, personnel, representatives, agents, contractors or affiliates of UNEP be considered, in any respect or for any purposes whatsoever, as being employees, personnel, representatives, agents, contractors or affiliates of the ACCOBAMS Secretariat. Neither Party shall be entitled to act or make legally binding declarations on behalf of the other Party. Nothing in this MoU shall be deemed to constitute a joint venture, agency, interest grouping or any other kind of formal business grouping or entity between the Parties.

Article 7 Fundraising

1. To the extent permitted by the Parties’ respective regulations, rules and policies, and subject to subarticle

2, the Parties may engage in fundraising from the public and private sectors to support the activities, projects and programmes to be developed or carried out pursuant to this MoU.

2. Neither Party shall engage in fundraising with third parties in the name of or on behalf of the other, without the prior express written approval of the other Party in each case.

Article 8 Intellectual Property Rights

1. Nothing in the MoU shall be construed as granting or implying rights to or interest in, intellectual property of the Parties, except as otherwise provided in Article 8.2.

2. In the event that the Parties foresee that intellectual property that can be protected shall be created in relation to a particular activity, project or programme to be carried out under this MoU, the Parties shall negotiate and agree on terms of its ownership and use in the relevant legal instrument concluded as per Article 1.2.

Article 9 Use of Name and Emblem

1. Neither Party shall use the name, emblem or trademarks of the other Party, its subsidiaries and/or affiliates, or any abbreviation thereof, in connection with its business or for public dissemination without the prior expressly written approval of the other Party in each case. In no event shall authorization of the UN, UNEP and/or UNEP/MAP-Barcelona Convention name or emblem be granted for commercial purposes or for use in any manner that suggests an endorsement by UNEP/MAP-Barcelona Convention of ACCOBAMS products, business practices or services.

2. ACCOBAMS acknowledges that it is familiar with the independent, international and impartial status of the UN, UNEP and/or UNEP/MAP-Barcelona Convention, and recognizes that their names and emblems may not be associated with any political or sectarian cause or otherwise used in a manner inconsistent with the status of the UN, UNEP and/or UNEP/MAP-Barcelona Convention.

3. The Parties agree to recognize and acknowledge this collaboration, as appropriate. To this end, the Parties shall consult with each other concerning the manner and form of such recognition and acknowledgement.

Article 10 United Nations Privileges and Immunities

1. Nothing in or relating to this MoU shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs.

Article 11 Confidentiality

1. The handling of information shall be subject to each Party’s corporate confidentiality policies.

2. Before disclosing internal documents, or documents that by virtue of their content or the circumstances of their creation or communication must be deemed confidential, of the other Party to third parties, each Party shall obtain the express, written consent of the other Party. However, a Party’s disclosure of another Party’s internal and/or confidential documents to an entity the disclosing Party controls or with which it is under common control, or to an entity with which it has a confidentiality agreement, shall not be considered a disclosure to a third party, and shall not require prior authorization.

3. For UNEP, a principal or subsidiary organ of the United Nations established in accordance with the Charter of the United Nations shall be deemed to be a legal entity under common control.

Article 12 Responsibility

1. Each Party will be responsible for dealing with any claims or demands arising out of its actions or omissions, and those of its respective personnel, in relation to this MoU.

2. The ACCOBAMS Secretariat shall indemnify, hold and save harmless and defend at its own expense, the UN, UNEP and/or UNEP/MAP-Barcelona Convention, their officials, personnel and representatives, from and against all suits, claims, demands and liability of any nature or kind which may arise in relation to this MoU due to any actions or omissions attributable to ACCOBAMS.

Article 13 Dispute Settlement

1. The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this MoU. Where the Parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then prevailing, or according to such other procedure as may be agreed between the Parties.

2. Any dispute, controversy or claim between the Parties arising out of this MoU which is not settled amicably in accordance with the foregoing sub-article may be referred by either Party to arbitration under the UNCITRAL Arbitration Rules then in force. The arbitral tribunal shall have no authority to award punitive damages. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.

Article 14 Notification and Amendments

1. Each Party shall promptly notify the other in writing within 3 months of any anticipated or actual material changes that will affect the execution of this MoU.

2. Upon receipt of such notification, the Parties shall consult each other with a view of reaching an agreement on any actual or proposed change(s) suggested in accordance with Article 14.1.

3. The Parties may amend this MoU by mutual written agreement, which shall be appended to this MoU and become an integral part of it.

Article 15 Termination

1. Either Party may terminate this MoU by giving three (3) months’ prior written notice to the other Party.

2. Upon termination of this MoU, the rights and obligations of the Parties defined under any other legal instrument executed pursuant to this MoU shall cease to be effective, except as otherwise provided in this MoU.

3. Any termination of the MoU shall be without prejudice to (a) the orderly completion of any ongoing collaborative activity and (b) any other rights and obligations of the Parties accrued prior to the date of termination.

4. The obligations under Articles 8-13 do not lapse upon expiry, termination of or withdrawal from this MoU.

Article 16 Additional Parties

1. Another entity seeking to become a Party to this MoU must notify the other Parties in writing of its wish, providing its reasons and intended contributions. Following consultation, should all the Parties agree in writing to the requesting entity’s accession to the MoU, UNEP/MAP- Barcelona Convention and ACCOBAMS acting on behalf of the other Parties, shall effectuate the accession as a Party to the MoU by exchanging letters with the requesting entity.

IN WITNESS WHEREOF, the duly authorized representatives of the Parties affix their signatures below.

For UNEP/MAP-Barcelona Convention

Name:

Date:

For the ACCOBAMS Secretariat

Name:

Date:

Notes de bas de page

1 Six MAP Regional Activity Centres (RACs) are based in Mediterranean countries, each offering its own environmental and developmental expertise for the benefit of the Mediterranean community in the implementation of MAP activities. These six RACs are the following:
1. Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC)- Malta,
2. Blue Plan Regional Activity Centre (BP/RAC)-France,
3. Priority Actions Programme Regional Activity Centre (PAP/RAC)-Croatia,
4. Specially Protected Areas Regional Activity Centre (SPA/RAC)-Tunisia,
5. Cleaner Production Regional Activity Centre (CP/RAC) –Spain and,
6. INFO/RAC-Italy.


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