Article 21 Requirements of developing States
Parties shall give full recognition to the special requirements of developing States Parties in relation to the 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 or other appropriate international organisations and bodies, including regional fisheries management organisations, provide assistance to developing States Parties in order to, inter alia:
enhance their ability, in particular the least-developed among them and small island developing States, to develop a legal basis and capacity for the implementation of effective port State measures;
facilitate their participation in any international organisations that promote the effective development and implementation of port State measures; and
facilitate technical assistance to strengthen the development and implementation of port State measures by them, in coordination with relevant international mechanisms.
Parties shall give due regard to the special requirements of developing port States Parties, in particular the least-developed among them and small island developing States, to ensure that a disproportionate burden resulting from the implementation of this Agreement is not transferred directly or indirectly to them. In cases where the transfer of a disproportionate burden has been demonstrated, Parties shall cooperate to facilitate the implementation by the relevant developing States Parties of specific obligations under this Agreement.
Parties shall, either directly or through FAO, assess the special requirements of developing States Parties concerning the implementation of this Agreement.
Parties shall cooperate to establish appropriate funding mechanisms to assist developing States in the implementation of this Agreement. These mechanisms shall, inter alia, be directed specifically towards:
developing national and international port State measures;
developing and enhancing capacity, including for monitoring, control and surveillance and for training at the national and regional levels of port managers, inspectors, and enforcement and legal personnel;
monitoring, control, surveillance and compliance activities relevant to port State measures, including access to technology and equipment; and
listing developing States Parties with the costs involved in any proceedings for the settlement of disputes that result from actions they have taken pursuant to this Agreement.
Cooperation with and among developing States Parties for the purposes set out in this Article may include the provision of technical and financial assistance through bilateral, multilateral and regional channels, including South-South cooperation.
Parties shall establish an ad hoc working group to periodically report and make recommendations to the Parties on the establishment of funding mechanisms including a scheme for contributions, identification and mobilisation of funds, the development of criteria and procedures to guide implementation, and progress in the implementation of the funding mechanisms. In addition to the considerations provided in this Article, the ad hoc working group shall take into account, inter alia:
the assessment of the needs of developing States Parties, in particular the least-developed among them and small island developing States;
the availability and timely disbursement of funds;
transparency of decision-making and management processes concerning fundraising and allocations; and
accountability of the recipient developing States Parties in the agreed use of funds.
Parties shall take into account the reports and any recommendations of the ad hoc working group and take appropriate action.