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Download XMLOvereenkomst over de toepassing van de bepalingen van het Verdrag van de Verenigde Naties inzake het recht van de zee van 10 december 1982 die betrekking hebben op de instandhouding en het beheer van de grensoverschrijdende en de over grote afstanden trekkende visbestanden
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Argentinië | Ja | Ja |
| België | Ja | Nee |
| Bulgarije | Ja | Nee |
| Canada | Ja | Nee |
| Chili | Ja | Nee |
| China | Ja | Nee |
| Denemarken | Ja | Nee |
| Duitsland | Ja | Nee |
| Estland | Ja | Nee |
| EU (Europese Unie) | Ja | Nee |
| Finland | Ja | Nee |
| Frankrijk | Ja | Nee |
| Griekenland | Ja | Nee |
| Hongarije | Ja | Nee |
| Ierland | Ja | Nee |
| India | Ja | Nee |
| Italië | Ja | Nee |
| Japan | Ja | Nee |
| Kroatië | Ja | Nee |
| Letland | Ja | Nee |
| Litouwen | Ja | Nee |
| Luxemburg | Ja | Nee |
| Malta | Ja | Nee |
| Mauritius | Ja | Ja |
| Nederlanden, het Koninkrijk der | Ja | Nee |
| Noorwegen | Ja | Nee |
| Oostenrijk | Ja | Nee |
| Polen | Ja | Nee |
| Portugal | Ja | Nee |
| Russische Federatie | Ja | Nee |
| Slovenië | Ja | Nee |
| Slowakije | Ja | Nee |
| Spanje | Ja | Nee |
| Tsjechië | Ja | Nee |
| Uruguay | Ja | Nee |
| Verenigd Koninkrijk | Ja | Nee |
| Verenigde Staten van Amerika | Ja | Nee |
| Vietnam | Ja | Nee |
| Zweden | Ja | Nee |
Argentinië
04-12-1995
The Argentine Republic rejects the inclusion of and reference to the Malvinas, South
Georgian and South Sandwich Islands by the United Kingdom of Great Britain and Northern
Ireland as dependent territories in its signing of the [said] Agreement, and reaffirms
its sovereignty over those islands, which form an integral part of its national territory,
and over their surrounding maritime spaces.
The Argentine Republic recalls that the United Nations General Assembly has adopted
resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 39/6, 40/21, 41/40, 42/19 and 43/25,
in which it recognizes the existence of a sovereignty dispute and requests the Governments
of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland
to initiate negotiations with a view to finding the means to resolve peacefully and
definitively the problems pending between both countries, including all aspects on
the future of the Malvinas Islands, in accordance with the Charter of the United Nations.
Bezwaar Verenigd Koninkrijk, 19-01-1996
The Government of the United Kingdom of Great Britain and Northern Ireland have noted the declaration of the Government of Argentina. The British Government have no doubt about the sovereignty of the United Kingdom over the Falkland Islands, as well as South Georgia and the South Sandwich Islands, and have no doubt, therefore, about their right to end the said Agreement to these territories. The British Government can only reject as unfounded the claim by the Government of Argentina that they are a part of Argentine territory.
08-02-2002
In that regard, the Argentine Republic rejects the claim of extension of the application
of the Agreement to the Malvinas, South Georgia and South Sandwich Islands communicated
by the United Kingdom of Great Britain and Northern Ireland and lodged on 10 December
2001.
With regard to the question of the Malvinas, United Nations General Assembly resolutions
2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25
recognize the existence of a dispute over sovereignty and request the Argentine Republic
and the United Kingdom toume negotiations in order to find a peaceful and lasting
solution to the dispute, with assistance from the good offices of the Secretary-General
of the United Nations, who is required to inform the General Assembly of the progress
made.
The Argentine Republic reaffirms its rights of sovereignty over the Malvinas, South
Georgia and South Sandwich Islands and the surrounding maritime areas, which are an
integral part of its national territory.
The Argentine Republic reserves the right to express, at the appropriate time, its
opinion concerning other aspects of the communication by the United Kingdom.
Bezwaar Verenigd Koninkrijk, 17-06-2002
... the United Kingdom rejects the Argentine objection to the ratification of the
Agreement by the United Kingdom on behalf of the Falkland Islands, South Georgia and
the South Sandwich Islands and the assertion by Argentina of rights of sovereignty
over those territories and their surrounding maritime areas.
The United Kingdom has no doubt about its sovereignty over the Falkland Islands, South
Georgia and the South Sandwich Islands and the surrounding maritime areas.
België
19-12-2003
The Government of the Kingdom of Belgium recalls that as a Member of the European
Community, it has transferred competence to the Community in respect of certain matters
governed by the Agreement.
The Kingdom of Belgium hereby confirms the declarations made by the European Community
upon ratification of the Agreement for the Implementation of the Provisions of the
United Nations Convention on the Law of the Sea of 10 December 198[2] relating to
the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks.
Bulgarije
13-12-2006
The Republic of Bulgaria declares that the declarations made by the European Community upon ratification of the 1995 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, with regard to the transfer of competence by the Member States to the European Community in respect of certain matters governed by the Agreement, shall be also applicable to the Republic of Bulgaria as from the date of its accession to the European Union.
Canada
03-08-1999
Pursuant to article 30, paragraph 4 of the Agreement, the Government of Canada declares
that it chooses an arbitral tribunal constituted in accordance with Annex VII of the
United Nations Convention on the Law of the Sea of 10 December 1982 as the means for
the settlement of disputes under Part VIII of the Agreement. In light of article 30,
paragraph 1 of the Agreement, the Government of Canada also declares that it does
not accept any of the procedures provided for in section 2 of Part XV of the Convention
with respect to disputes referred to in article 298, paragraph 1 of the Convention.
According to article 42 of the Agreement, no reservations or exceptions may be made
to the Agreement. A declaration or statement pursuant to article 43 of the Agreement
cannot purport to exclude or modify the legal effect of the provisions of the Agreement
in their application to the State or entity making it. Consequently, the Government
of Canada declares that it does not consider itself bound by declarations or statements
pursuant to article 43 of the Agreement that have been made or will be made by other
States or by entities described in article 2 (b) of the Agreement and that exclude
or modify the legal effect of the provisions of the Agreement in their application
to the State or entity making it. Lack of response by the Government of Canada to
any declaration or statement shall not be interpreted as tacit acceptance of that
declaration or statement. The Government of Canada reserves the right at any time
to take a position on any declaration or statement in the manner deemed appropriate.
Chili
11-02-2016
The Republic of Chile declares that the provisions of the 1995 Agreement must be implemented
and interpreted in accordance with the provisions of the United Nations Convention
on the Law of the Sea of 1982. Therefore, the Republic of Chile understands that the
Agreement does not affect the sovereign rights, jurisdiction and competences of coastal
States in conformity with the Convention.
In the interests of the protection, conservation and sustainable use of the ocean
and its resources, and in particular, the competences, sovereign rights and jurisdiction
of States in the exclusive economic zone and continental shelf, and the law applicable
on the high seas, the Republic of Chile considers that the general principles and
the ecosystem and precautionary approaches under articles 5 and 6 of the Agreement
are crucial to the management of fishing activities carried out in maritime areas
for the sustainability of activities and the comprehensive protection of the marine
environment.
In conformity with international law and States’ sovereignty over ports in their territory,
the Republic of Chile understands that the rights of the port State, under article
23 of the Agreement, do not prevent the port State from taking stricter measures than
those provided for in the Agreement, in accordance with international law.
With regard to articles 21 and 22 of the Agreement, the Republic of Chile understands
that these rules contain useful mechanisms to prevent, deter and eliminate illegal,
unreported and unregulated fishing, and that regional fisheries organizations and
arrangements should adopt procedures for boarding and inspection consistent with the
rules of the Agreement. Inspections conducted in accordance with this Agreement must
be carried out taking into account all necessary steps to ensure the safety of the
crew and inspectors. The use of force provided for in article 22 (1) (f) of the Agreement
is an exceptional measure that must conform to the principle of proportionality. Any
disputes arising in the implementation of that rule should be settled by the appropriate
peaceful means.
Under article 42 of the Agreement, no reservations or exceptions may be made thereto.
Therefore, declarations made by States parties in conformity with article 43 may not
exclude or modify the legal effect of the provisions of the Agreement in their application
to the State that made such a declaration. The Republic of Chile declares that it
shall neither take into account nor be bound in any way by the declarations of third
States in connection with the present Agreement, or by the declarations made by States
parties to the Agreement, invoking article 43, that exclude or modify the effects
of its rules.
Likewise, the Republic of Chile reserves the right to adopt a formal position, at
any time, visà- vis any declaration that might be made or that has been made by a
third State or a State party in relation to matters governed by the Agreement. Not
taking a position or not responding to a declaration by such States shall not be interpreted
or invoked as tacit consent or endorsement of said declaration.
For the purposes of the Agreement, the Republic of Chile reaffirms the declaration
it made
upon ratification of the United Nations Convention on the Law of the Sea of 1982 with
regard to part XV of the Convention on the settlement of disputes. The Republic of
Chile reiterates that:
(a) In accordance with article 287 of the Convention, it accepts, in order of preference,
the following means for the settlement of disputes concerning the interpretation or
application of the Agreement:
(i) The International Tribunal for the Law of the Sea established in accordance with
annex VI of the Convention;
(ii) A special arbitral tribunal, established in accordance with annex VIII of the
Convention, for the categories of disputes specified therein relating to fisheries,
protection and preservation of the marine environment, and marine scientific research
and navigation, including pollution from vessels and by dumping.
(b) In accordance with articles 280 to 282 of the Convention, the choice of means
for the settlement of disputes indicated in the preceding paragraph shall in no way
affect the obligations deriving from the general, regional or bilateral agreements
to which the Republic of Chile is a party concerning the peaceful settlement of disputes
or containing provisions for the settlement of disputes.
(c) In accordance with article 298 of the Convention, Chile declares that it does
not accept any of the procedures provided for in part XV, section 2, with respect
to the disputes referred to in article 298, paragraph 1 (a), (b) and (c) of the Convention.
China
06-11-1996
It is the belief of the Government of the People's Republic of China that the [said
Agreement] is an important development of the United Nations Convention on the Law
of the Sea. This Agreement will have a significant impact on the conservation and
management of living marine resources, especially fish resources in the high seas
as well as on the international cooperation in fishery. Upon signing the Agreement,
the Government of the People's Republic of China wish to make the following statement
in accordance with article 43 of the Agreement:
1. About the understanding of paragraph 7 of article 21 of the Agreement: The Government
of China is of the view that the enforcement action taken by the inspecting State
with the authorization of the flag State involves state sovereignty and national legislation
of the States concerned. The authorized enforcement action should be limited to the
mode and scope as specified in the authorization by the flag State. Enforcement action
by the inspecting State under such circumstances should only be that of executing
the authorization of the flag state.
2. About the understanding of subparagraph (f), paragraph 1 of article 22 of the Agreement:
This subparagraph provides that the inspecting State shall ensure that its duly authorized
inspectors `avoid the use of force except when and to the degree necessary to ensure
the safety of the inspectors and where the inspectors are obstructed in the execution
of their duties. The degree of force used shall not exceed that reasonably required
in the circumstances'. The understanding of the Chinese Government on this provision
is that only when the personal safety of the authorized inspectors whose authorization
has been duly verified is endangered and their normal inspecting activities are obstructed
by violence committed by crew members of fishermen of the fishing vessel under inspection,
may the inspectors take appropriate compulsory measures necessary to stop such violence.
It should be emphasized that the action of force by the inspectors shall only be taken
against those crew members or fishermen committing the violence and must never be
taken against the vessel as a whole or other crew members or fishermen.
Denemarken
19-12-2003
In this respect, the Government of the Kingdom of Denmark recalls that as a Member
of the European Community, Denmark has transferred competence to the European Community
in respect of certain matters governed by the Agreement, which are specified in the
Annex to this letter. This Annex also contains interpretative declarations by the
European Community and its Member States to the Agreement.
At the same time, [Denmark] hereby confirms the declarations made by the European
Community upon ratification of the Agreement.
Duitsland
19-12-2003
The Federal Republic of Germany recalls that as a Member of the European Community,
the Federal Republic of Germany has transferred competence to the European Community
in respect of certain matters governed by the Agreement, which are specified in Annex
I to this declaration.
The Federal Republic of Germany hereby confirms the declarations made by the European
Community upon ratification of the Agreement (see Annex II).
Estland
07-08-2006
As a Member State of the European Community the Republic of Estonia has transferred
its competence for certain matters governed by the Agreement to the European Community.
These matters are mentioned in the Declaration of 19 December 2003 made by the European
Community upon ratification of the Agreement.
The Republic of Estonia confirms the interpretative declarations of 19 December 2003
made by the European Community upon ratification of the Agreement.
EU (Europese Unie)
27-06-1996
1. Article 47(1) of the Agreement on the implementation of the provisions of the United
Nations Convention on the Law of the Sea relating to the conservation and management
of straddling fish stocks and highly migratory fish stocks provides that in cases
where an international organization referred to in annex IX, article 1, of the Convention
does not have competence over all the matter governed by the Agreement, annex IX of
the Convention [with the exception of article 2, first sentence, and article 3(1)]
shall apply mutatis mutandis to participation by such international organization in
the Agreement.
2. The current members of the Community are the Kingdom of Belgium, the Kingdom of
Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain,
the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg,
the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic,
the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain
and Northern Ireland.
3. The Agreement on the implementation of the provisions of the [said Convention]
shall apply, with regard to the competences transferred to the European Community,
to the territories in which the Treaty establishing the European Community is applied
and under the conditions laid down in that Treaty, in particular article 227 thereof.
4. This declaration is not applicable in the case of the territories of the Member
States in which the said Treaty does not apply and is without prejudice to such acts
or positions as may be adopted under the Agreement by the Member States concerned
on behalf of and in the interests of those territories.
I. Matters for which the Community has exclusive competence
5. The Community points out that its Member States have transferred competence to
it with regard to the conservation and management of living marine resources. Hence,
in this field, it is for the Community to adopt the relevant rules and regulations
(which the Member States enforce) and within its competence to enter into external
undertakings with third States or competent organizations.
This competence applies in regard of waters under national fisheries jurisdiction
and to the high seas.
6. The Community enjoys the regulatory competence granted under international law
to the flag State of a vessel to determine the conservation and management measures
for marine fisheries resources applicable to vessels flying the flag of Member States
and to ensure that Member States adopt provisions allowing for the implementation
of the said measures.
7. Nevertheless, measures applicable in respect of masters and other officers of fishing
vessels, e.g., refusal, withdrawal or suspension of authorizations to serve as such,
are within the competence of the Member States in accordance with their national legislation.
Measures relating to the exercise of jurisdiction by the flag State over its vessels
on the high seas, in particular provisions such as those related to the taking and
relinquishing of control of fishing vessels by States other than the flag State, international
cooperation in respect of enforcement and the recovery of the control of their vessels,
are within the competence of the Member States in compliance with Community law.
II. Matters relating for which both the Community and its Member States have competence
8. The Community shares competence with its Member States on the following matters
governed by this Agreement: requirements of developing States, scientific research,
port State measures and measures adopted in respect of non-members of regional fisheries
organizations and non-Parties to the Agreement.
The following provisions of the Agreement apply both to the Community and to its Member
States:
-- general provisions: (Articles 1, 4 and 34 to 50)
- - dispute settlement: (Part VIII)
Interpretative declarations:
1. The European Community and its Member States understand that the terms "geographical
particularities", "specific characteristics of the sub-region", "socio-economic geographical
and environmental factors", "natural characteristics of that sea" or any other similar
terms employed in reference to a geographical region do not prejudice the rights and
duties of States under International law.
2. The European Community and its Member States understand that no provision of this
Agreement may be interpreted in such a way as to conflict with the principle of freedom
of the high seas, as recognized by international law.
3. The European Community and its Member States understand that the term "States whose
nationals fish on the high seas" shall not provide any new grounds for jurisdiction
based on the nationality of persons involved in fishing on the high seas rather than
on the principle of flag State jurisdiction.
4. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transitional period as referred to in article 21 (3). Thereafter,
if no agreement has been reached, States shall act only in accordance with the provisions
provided for in articles 21 and 22 of the Agreement.
5. Regarding the application of article 21, the European Community and its Member
States understand that, when a flag State declares that it intends to exercise its
authority, in accordance with the provisions in article 19, over a fishing vessel
flying its flag, the authorities of the inspecting State shall not purport to exercise
any other authority under the provisions of article 21 over such vessel.
Any dispute related to this issue shall be settled in accordance with the procedures
provided for in Part VIII of the Agreement. No State may invoke this type of dispute
to remain in control of a vessel which does not fly its flag.
In addition, the European Community and its Member States consider that the word "unlawful"
in article 21, paragraph 18 of the Agreement should be interpreted in the light of
the whole Agreement, and in particular, articles 4 and 35 thereof.
6. The European Community and its Member States reiterate that all States shall refrain
in their relations from the threat or use of force in accordance with general principles
of international law, the United Nations Charter and the United Nations Law of the
Sea.
Furthermore, the European Community and its Member States consider that the relevant
terms and conditions for boarding and inspection should be further elaborated in accordance
with the relevant principles of international law in the framework of the appropriate
regional and sub-regional fisheries management organizations and arrangements.
7. The European Community and its Member States understand that in the application
of the provisions of article 21 paragraphs 6, 7 and 8, the flag State may rely on
the requirements of its legal system under which the prosecuting authorities enjoy
a discretion to decide whether or not to prosecute in the light of all the facts of
a case. Decisions of the flag State based on such requirements shall not be interpreted
as failure to respond or to take action.
19-12-2003
Pursuant to article 4 of Annex IX of the Convention, rendered applicable mutatis mutandis
in the context of the Agreement by virtue of its article 47 (1), the European Community
accepts the rights and obligations of States under the Agreement in respect of matters
relating to which competence has been transferred to it by Member States which are
parties to the Agreement."
Declaration made pursuant to article 47 of the Agreement
1. Article 47 (1) of the Agreement on the implementation of the provisions of the
United Nations Convention on the Law of the Sea relating to the conservation and management
of straddling fish stocks and highly migratory fish stocks provides that in cases
where an international organization referred to in Annex IX, article 1, of the Convention
does not have competence over all the matters governed by the Agreement, Annex IX
of the Convention (with the exception of article 2, first sentence, and article 3
(1)) shall apply mutatis mutandis to participation by such international organization
in the Agreement.
2. The current members of the Community are the Kingdom of Belgium, the Kingdom of
Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain,
the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg,
the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic,
the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain
and Northern Ireland.
3. The Agreement on the implementation of the provisions of the United Nations Convention
on the Law of the Sea relating to the conservation and management of straddling fish
stocks and highly migratory fish stocks shall apply, with regard to the competences
transferred to the European Community, to the territories in which the Treaty establishing
the European Community is applied and under the conditions laid down in that Treaty,
in particular article 227 thereof.
4. This declaration is not applicable in the case of the territories of the Member
States in which the said Treaty does not apply and is without prejudice to such acts
or positions as may be adopted under the Agreement by the Member States concerned
on behalf of and in the interests of those territories.
I. Matters for which the Community has exclusive competence
5. The Community points out that its Member States have transferred competence to
it with regard to the conservation and management of living marine resources. Hence,
in this field, it is for the Community to adopt the relevant rules and regulations
(which the Member States enforce) and within its competence to enter into external
undertakings with third States or competent organizations. This competence applies
in regard of waters under national fisheries jurisdiction and to the high seas.
6. The Community enjoys the regulatory competence granted under international law
to the flag State of a vessel to determine the conservation and management measures
for marine fisheries resources applicable to vessels flying the flag of Member States
and to ensure that Member States adopt provisions allowing for the implementation
of the said measures.
7. Nevertheless, measures applicable in respect of masters and other officers of fishing
vessels, e.g., refusal, withdrawal or suspension of authorizations to serve as such,
are within the competence of the Member States in accordance with their national legislation.
Measures relating to the exercise of jurisdiction by the flag State over its vessels
on the high seas, in particular provisions such as those related to the taking and
relinquishing of control of fishing vessels by States other than the flag State, international
cooperation in respect of enforcement and the recovery of the control of their vessels,
are within the competence of the Member States in compliance with Community law.
II. Matters for which both the Community and its Member States have competence
8. The Community shares competence with its Member States on the following matters
governed by this Agreement: requirements of developing States, scientific research,
port-State measures and measures adopted in respect of non-members of regional fisheries
organizations and non-Parties to the Agreement.
The following provisions of the Agreement apply both to the Community and to its Member
States:
- general provisions: (Articles 1, 4 and 34 to 50)
- dispute settlement: (Part VIII).
Interpretative declarations deposited by the Community and its Member States upon
ratification of the Agreement
1. The European Community and its Member States understand that the terms 'geographical
particularities', 'specific characteristics of the sub-region or region', 'socio-economic
geographical and environmental factors', 'natural characteristics of that sea' or
any other similar terms employed in reference to a geographical region do not prejudice
the rights and duties of States under international law.
2. The European Community and its Member States understand that no provision of this
Agreement may be interpreted in such a way as to conflict with the principle of freedom
of the high seas, recognized by international law.
3. The European Community and its Member States understand that the term 'States whose
nationals fish on the high seas' shall not provide any new grounds for jurisdiction
based on the nationality of persons involved in fishing on the high seas rather than
on the principle of flag State jurisdiction.
4. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transitional period as referred to in article 21 (3). Thereafter,
if no agreement has been reached, States shall act only in accordance with the provisions
provided for in articles 21 and 22 of the Agreement.
5. Regarding the application of article 21, the European Community and its Member
States understand that, when a flag State declares that it intends to exercise its
authority, in accordance with the provisions in article 19, over a fishing vessel
flying its flag, the authorities of the inspecting State shall not purport to exercise
any further authority under the provisions of article 21 over such a vessel.
Any dispute related to this issue shall be settled in accordance with the procedures
provided for in Part VIII of the Agreement. No State may invoke this type of dispute
to remain in control of a vessel which does not fly its flag.
In addition, the European Community and its Member States consider that the word 'unlawful'
in article 21, para 18 of the Agreement should be interpreted in the light of the
whole Agreement, and in particular, articles 4 and 35 thereof.
6. T he European Community and its Member States reiterate that all States shall refrain
in their relations from the threat or use of force in accordance with general principles
of international law, the United Nations Charter and the United Nations Convention
on the Law of the Sea.
In addition, the European Community and its Member States underline that the use of
force as referred to in article 22 constitutes an exceptional measure which must be
based upon the strictest compliance with the principle of proportionality and that
any abuse thereof shall imply the international liability of the inspecting State.
Any case of non-compliance shall be resolved by peaceful means and in accordance with
the applicable dispute-settlement procedures.
Furthermore, the European Community and its Member States consider that the relevant
terms and conditions for boarding and inspection should be further elaborated in accordance
with the relevant principles of international law in the framework of the appropriate
regional and subregional fisheries management organizations and arrangements.
7. The European Community and its Member States understand that in the application
of the provisions of article 21, paragraphs 6, 7 and 8, the flag State may rely on
the requirements of its legal system under which the prosecuting authorities enjoy
a discretion to decide whether or not to prosecute in the light of all the facts of
a case. Decisions of the flag State based on such requirements shall not be interpreted
as failure to respond or to take action.
Finland
19-12-2003
Finland recalls that, as a Member State of the European Community, it has transferred
competence to the European Community in respect of certain matters governed by the
Agreement, which are specified in the Annex to the instrument of ratification.
Finland hereby confirms the declarations made by the European Community upon ratification
of the Agreement.
Frankrijk
04-12-1996
1. The Government of the French Republic recalls that the requirements for implementing
the Agreement must be strictly in conformity with the 1982 United Nations Convention
on the Law of the Sea.
2. The Government of the French Republic hereby declares that the provisions of article
21 and 22 apply only to maritime fishing operations.
3. These provisions cannot be regarded as capable of being extended to cover vessels
engaged in maritime transport under another international instrument, or of being
transferred to any instrument not dealing directly with the conservation and management
of fisheries resources covered by the Agreement.
19-12-2003
In accordance with article 47.1 of 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 (with two annexes), done at New York on 4 December 1995, of which the
United Nations is the depository, and in accordance with article 5.2 of annex IX to
the United Nations Convention on the Law of the Sea, the Government of the French
Republic hereby declares that, as a member of the European Community, France has transferred
competences dealt with in the Agreement to the European Community. These competences
are listed in an annex to this declaration.
The Government of the French Republic also confirms the content of the declarations
made by the European Community upon ratification of the Agreement.
Interpretative declarations:
1. In ratifying 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, the Government
of the French Republic declares that it considers that the Agreement constitutes an
important effort to ensure the long-term conservation and sustainable use of straddling
fish stocks and highly migratory fish stocks and to promote international cooperation
to that end.
2. The Government of the French Republic understands that the terms "geographical
particularities", "specific characteristics of the subregion or region", "socio-economic,
geographical and environmental factors", "natural characteristics of that sea" or
any other similar terms employed in reference to a geographical region do not prejudice
the rights and duties of States under international law.
3. The Government of the French Republic understands that no provision of this Agreement
may be interpreted in such a way as to conflict with the principle of freedom of the
high seas recognized by international law.
4. The Government of the French Republic understands that the term "States whose nationals
fish on the high seas" shall not provide any new grounds for jurisdiction based on
the nationality of persons involved in fishing on the high seas rather than on the
principle of flag State jurisdiction.
5. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transition period as referred to in article 21, paragraph 3. Thereafter,
if no agreement has been reached, the States shall act only in accordance with the
provisions provided for in articles 21 and 22 of the Agreement.
6. Regarding the application of article 21 of the Agreement, the Government of the
French Republic understands that, when the flag State declares that it intends to
exercise its authority, in accordance with article 19, over a fishing vessel flying
its flag within the framework of an alleged violation committed on the high seas,
the authorities of the inspecting State shall not purport to exercise any further
authority under the provisions of article 21 over such a vessel. Any dispute related
to this issue shall be settled in accordance with the procedures set forth in Part
VIII of the Agreement (Peaceful settlement of disputes). No State may invoke this
type of dispute to remain in control of a vessel which does not fly its flag for an
alleged violation committed on the high seas. In addition, the Government of the French
Republic considers that the word "unlawful" in article 21, paragraph 18, of the Agreement
should be interpreted in the light of the whole Agreement, and, in particular, articles
4 and 35 thereof.
7. The Government of the French Republic reiterates that all States shall refrain
in their relations from the threat or use of force in accordance with general principles
of international law, the Charter of the United Nations and the United Nations Convention
on the Law of the Sea.
8. In addition, the Government of the French Republic stresses that the use of force
as referred to in article 22 constitutes an exceptional measure which must be based
on the strictest compliance with the principle of proportionality and that any abuse
thereof shall entail the international liability of the inspecting State. Any case
of non-compliance must be resolved by peaceful means, in accordance with the applicable
dispute-settlement procedures. It considers, moreover, that the relevant conditions
for boarding and inspection should be further elaborated in accordance with the applicable
principles of international law, within the framework of the appropriate subregional
and regional fisheries management organizations and arrangements.
9. The Government of the French Republic understands that, in the application of the
provisions of article 21, paragraphs 6, 7 and 8, the flag State may avail itself of
its legal provisions under which the prosecuting authorities have the power to decide
whether or not there are grounds for prosecution in the light of all the facts of
the case. Decisions by the flag State based on such provisions must not be interpreted
as failure to respond or to take action.
10. The Government of the French Republic declares that the provisions of articles
21 and 22 apply only to the sole sector of sea fishing.
11. The Government of the French Republic is of the view that the provisions of articles
21 and 22 could not be considered as liable to be extended to vessels engaged in maritime
transport within the framework of another international instrument or to be transposed
to any instrument that does not deal directly with the conservation and management
of the fish resources dealt with in the Agreement.
Griekenland
19-12-2003
In this respect, the Government of the Hellenic Republic recalls that as a Member of the European Community, it has transferred competence to the European Community in respect of certain matters governed by the Agreement, which are specified in the Annex to this letter. The Hellenic Republic confirms the declarations made by the European Community upon ratification of 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.
Hongarije
20-04-2009
1. The Government of the Republic of Hungary declares that as a Member State of the
European Community the Republic of Hungary transferred competence to the European
Community in respect of certain matters governed by the Agreement.
2. The Government of the Republic of Hungary hereby confirms the declarations made
by the European Community on 19 December 2003 upon ratification of 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.
3. The Government of the Republic of Hungary agrees that the expressions such as 'geographical
characteristics', 'individual characteristics of the sub-region and region', 'socioeconomic,
geographical and environmental factors', 'natural characteristics of the given sea',
and other similar expressions used in respect of a geographical region do not infringe
upon the rights and obligations of the States under international law.
4. The Government of the Republic of Hungary agrees that none of the provisions of
this Agreement may be interpreted in a way that is contrary to the principle of the
freedom of the high seas as recognized by international law.
5. The Government of the Republic of Hungary agrees that the expression of 'the States
whose nationals fish on the high seas' represents new jurisdictional grounds on the
basis of the principle of the jurisdiction of the flag State rather than on the basis
of the nationality of the persons fishing on the high seas.
6. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transitional period mentioned in Article 21 (3). After this period,
in case of failure to conclude an agreement, the States may proceed only in accordance
with the provisions set out in Articles 21 and 22 of the Agreement.
7. In respect of the application of Article 21, the Government of the Republic of
Hungary agrees that if a flag State declares that in accordance with the provisions
of Article 19 it intends to exercise its jurisdiction over a fishing vessel flying
its flag, then, in accordance with the provisions of Article 21, the authorities of
the State inspecting the mentioned vessel may not exercise any further jurisdiction.
Any dispute in connection with this issue shall be settled in compliance with the
procedures provided for in Part VIII of the Agreement. None of the States may initiate
a dispute of this nature with the aim to maintain its control over a vessel not flying
its flag.
The Government of the Republic of Hungary holds that the word 'unlawful' in Article
21 (18) shall be interpreted in light of the entire Agreement and especially Articles
4 and 35 thereof.
8. The Government of the Republic of Hungary reiterates that in its relationships
it shall refrain from using threat and force in accordance with the general principles
of international law, the Charter of the United Nations and the United Nations Convention
on the Law of the Sea.
Furthermore, the Government of the Republic of Hungary emphasizes that under Article
22 the use of force shall mean extraordinary measures which must be based on the strictest
observation of the principle of proportionality, and that its abuse shall result in
the international liability of the controlling State.
In each case abuse shall be clarified by peaceful means and in accordance with the
procedures relating to the settlement of disputes.
Furthermore, the Government of Hungary holds that the conditions relating to the boarding
and inspection of vessels should be further elaborated in accordance with the relevant
principles of international law and in the framework of the appropriate regional and
sub-regional fisheries management organisations and arrangements.
9. The Government of the Republic of Hungary agrees that in the application of Article
21 (6), (7) and (8) a flag State may rely on the regulations of its legal system under
which the criminal prosecuting authorities enjoy a discretion to decide whether or
not to prosecute in the light of all facts of the case. The decisions of a flag State
based on such regulations may not be interpreted as a failure to respond or take action.
Ierland
19-12-2003
Pursuant to article 47 (1) of the Agreement (applying mutatis mutandis article 5 (2)
and 5 (6) of Annex IX of the United Nations Convention on the Law of the Sea 1982),
the Government of Ireland hereby declares that as a Member State of the European Community,
Ireland has transferred competence to the European Community in respect of certain
matters governed by the Agreement, which are specified in the Annex to this Declaration.
The Government of Ireland hereby confirms the Declarations made by the European Community
upon ratification of the Agreement.
I. Matters for which the Community has exclusive competence
1. As a Member State of the European Community, Ireland recalls that it has transferred
competence to the Community with regard to the conservation and management of living
marine resources. Hence, in this field, it is for the Community to adopt the relevant
rules and regulations (which the Member States enforce) and within its competence
to enter into external undertakings with third States or competent organisations.
This competence applies in regard of waters under national fisheries jurisdiction
and to the high seas.
2. The Community enjoys the regulatory competence granted under international law
to the flag State of a vessel to determine the conservation and management measures
for marine fisheries resources applicable to vessels flying the flag of Member States
and to ensure that Member States adopt provisions allowing for the implementation
of the said measures.
3. Nevertheless, measures applicable in respect of masters and other officers of fishing
vessels, for example refusal, withdrawal or suspension of authorisations to serve
as such, are within the competence of the Member States in accordance with their national
legislation. Measures relating to the exercise of jurisdiction by the flag State over
its vessels on the high seas, in particular provisions such as those related to the
taking and relinquishing of control of fishing vessels by States other than the flag
State, international cooperation in respect of enforcement and the recovery of the
control of their vessels, are within the competence of the Member States in compliance
with Community law.
II. Matters for which both the Community and its Member States have competence
4. The Community shares competence with its Member States on the following matters
governed by this Agreement: requirements of developing States, scientific research,
port-State measures and measures adopted in respect of non-members of regional fisheries
organisations and non-Parties to the Agreement. The following provisions of the Agreement
apply both to the Community and to its Member States:
- general provisions: (articles 1, 4, and 34 to 50)
- dispute settlement: (Part VIII).
India
19-08-2003
The Government of the Republic of India reserves the right to make at the appropriate time the declarations provided for in articles 287 and 298 concerning the settlement of disputes.
Italië
19-12-2003
..., the Government of Italy recalls that as a Member of the European Community, it has transferred competence to the Community in respect of certain matters governed by the Agreement, which are specified in the Annex to this letter. Italy confirms the declarations made by the European Community upon ratification of 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.
Japan
07-08-2006
.... designates the following authority to receive the notifications referred to in
article 21, paragraph 4 of the above-mentioned agreement;
Fisheries Agency
International Affairs Division
Kasumigaseki 1-2-1, Chiyoda-ku
Tokyo, Japan
Telephone: 03-3591-1086
Fax: 03-3502-0571
Kroatië
10-09-2013
The Republic of Croatia declares that the declarations made by the European Union
upon the ratification of 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, with regard to the transfer of competences by the Member States to the European
Union in respect of the certain matters governed by the Agreement, after the accession
of the Republic of Croatia to the European Union also apply to the Republic of Croatia.
Letland
12-04-2007
Pursuant to Article 47 (1) of 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 (applying mutatis mutandis Article 5 (2) and 5 (6) of the Annex IX of
the United Nations Convention on the Law of the Sea of 1982), the Republic of Latvia
recalls that as a Member of the European Community the Republic of Latvia has transferred
competence to the European Community in respect of certain matters governed by the
Agreement.
The Republic of Latvia hereby confirms the declarations made by the European Community
upon ratification of the Agreement for the Implementation of the Provisions of the
United Nations Convention of the Law of the Sea of 10 December 1982 relating to the
Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
Litouwen
01-03-2007
.... the Seimas of the Republic of Lithuania declares that, as a Member State of the European Union, the Republic of Lithuania has transferred the competence to the European Community in respect of certain matters governed by this Agreement. The Republic of Lithuania also endorses the declarations of the European Community, made when ratifying this Agreement.
Luxemburg
19-12-2003
... [As a ] member of the European Community, Luxembourg has transferred competence
with regard to the matters governed by this Agreement to the European Community.
[Luxembourg has] the honour to confirm, ... , the declaration concerning the competence
of the European Community with regard to all the matters governed by 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, included in annex B, as well as the
delcarations made by the European Community regarding the ratification of the aforementioned
Agreement, included in annex C.
Malta
11-11-2001
... in terms of article 43 of the Agreement, the Government of Malta, enters the following
declaration:
1. In the view of the Malta Government, the requirements of implementing the 1995
Agreement must be in conformity with the 1982 Convention on the Law of the Sea.
2. Malta understands that the terms "geographical particularities", specific characteristics
of the sub-region", "socio-economic geographical and environmental factors", "natural
characteristics of that sea" or any other similar terms employed in reference to a
geographical region do not prejudice the rights and duties of States under international
law.
3. Malta understands that no Provision of this Agreement may be interpreted in such
a way as to conflict with the principle of freedom of the high seas, and of flag state
exclusive jurisdiction over its vessels on the high seas as recognised by international
law.
4. Malta understands that the term "States whose nationals fish on the high seas"
shall not provide any new grounds for jurisdiction based on the nationality of persons
involved in fishing on the high seas rather than on the principle of flag State jurisdiction.
5. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transitional period as referred to in article 21 (3). Thereafter,
if no agreement has been reached, States shall act only in accordance with the provisions
provided for in articles 21 and 22 of the Agreement.
6. Regarding the application of article 21, Malta understands that, when a flag State
declares that it intends to exercise its authority, in accordance with the provisions
in article 19, over a fishing vessel flying its flag, the authorities of the inspecting
State shall not purport to exercise any other authority under the provisions of article
21 over such vessel.
Any dispute related to this issue shall be settled in accordance with the procedures
provided for in Part VIII of the Agreement. No State may invoke this type of dispute
to remain in control of a vessel, which does not fly its flag.
In addition, Malta considers that the word "unlawful" in article 21, para. 18 of the
Agreement should be interpreted in the light of the whole Agreement, and in particular,
articles 4 and 35 thereof.
7. Malta reiterates that all States shall refrain in their relations from the threat
or use of force in accordance with general principles of international law, the United
Nations Convention on the Law of the Sea.
Furthermore, Malta considers that the relevant terms and conditions for boarding and
inspection should be further elaborated in accordance with the relevant principles
of international law in the framework of the appropriate regional and sub-regional
fisheries management organisations and arrangements.
8. Malta understands that in the application of the provisions of article 21 paragraphs
6, 7 and 8, the flag State may rely on the requirements of its legal system under
which the prosecuting authorities enjoy a discretion to decide whether or not to prosecute
in the light of all the facts of a case. Decisions of the flag State based on such
requirements shall not be interpreted as failure to respond or to take action.
9. Malta hereby declares that the provisions of article 21 and 22 apply only to maritime
fishing.
10. These provisions cannot be regarded as capable of being extended to cover vessels
engaged in maritime transport under another international instrument, or of being
transferred to any instrument not dealing directly with the conservation and management
of fisheries resources covered by the Agreement.
11. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transitional period as referred to in article 21 (3). Thereafter,
if no agreement has been reached[,] States shall act only in accordance with the provisions
provided for in article 21 and 22 of the Agreement.
12. Malta does not consider itself bound by any of the declarations which other States
may have made, or will make, upon signing or ratifying the Agreement, reserving the
right, as necessary, to determine its position with regard to each of them at the
appropriate time, in particular, ratification of the Agreement does not imply automatic
recognition of maritime or territorial claims by any signatory or ratifying State.
13. Note is taken of the statement by the European Community made at the time of signature
of the Agreement regarding the fact that its Member States have transferred competence
to it with regard to certain aspects of the Agreement. In view of Malta's application
to join the European Community, it is understood that this will also become applicable
to Malta on membership.
Furthermore, the Government of Malta would like to state that should Malta accede
to the European Union, it reserves the right to submit a further Declaration in line
with future declarations by the European Union.
Mauritius
25-03-1997
The Republic of Mauritius rejects the inclusion of any reference to the so-called British Indian Ocean Territory by the United Kingdom of Great Britain and Northern Ireland as territories on whose behalf it could sign the said Agreement, and reaffirms its sovereignty over these islands, namely the Chagos Archipelago which form an integral part of the national territory of Mauritius and over their surrounding maritime spaces.
Bezwaar Verenigd Koninkrijk, 30-07-1997
... [the Government of the United Kingdom declares that it] has no doubt as to the United Kingdom sovereignty over the British Indian Ocean Territory.
08-02-2000
... The Republic of Mauritius rejects as unfounded the claim by the United Kingdom of Great Britain and Northern Ireland of its sovereignty over the so-called British Indian Ocean Territory (Chagos Archipelago) and reaffirms its sovereignty and sovereign rights over the Chagos Archipelago which forms an integral part of the national territory of the Republic of Mauritius and over their surrounding maritime zones.
09-01-2020
(…) has the honour to register its strong objection against the extension by the United
Kingdom of Great Britain and Northern Ireland to the socalled ‘British Indian Ocean
Territory’, of the Agreements listed at Annex and in respect of which the Secretary-General
is the depositary.
The Government of the Republic of Mauritius considers that by extending these Agreements
to the so-called ‘British Indian Ocean Territory’, the United Kingdom purported to
exercise sovereignty over the Chagos Archipelago - a claim which is untenable under
international law.
The Government of the Republic of Mauritius wishes to reiterate in emphatic terms
that it does not recognize the so-called ‘British Indian Ocean Territory’. The fact
that the Chagos Archipelago is, and has always been, part of the territory of the
Republic of Mauritius, and that the United Kingdom has never had sovereignty over
the Chagos Archipelago, has been authoritatively established by the International
Court of Justice in its Advisory Opinion of 25 February 2019, on the Legal Consequences
of the Separation of the Chagos Archipelago from Mauritius in 1965.
In this authoritative legal determination, the Court declared that the decolonization
of the Republic of Mauritius had not been lawfully completed in 1968, since the Chagos
Archipelago had been unlawfully detached in 1965, in violation of the right of self-determination
of peoples and the Charter of the United Nations, as applied and interpreted in accordance
with UN General Assembly resolution 1514 (XV) of 14 December 1960, resolution 2066
(XX) of 16 December 1965, resolution 2232 (XXI) of 20 December 1966 and resolution
2357 (XXII) of 19 December 1967. Accordingly, it went on to hold that the United Kingdom’s
ongoing administration of the Chagos Archipelago, as the so-called ‘British Indian
Ocean Territory’, was an internationally wrongful act, of a continuing nature, that
engaged the State responsibility of the United Kingdom. It determined that the United
Kingdom is under a legal obligation to terminate its unlawful colonial administration
‘as rapidly as possible’.
The Court further determined that all UN Member States have an obligation to cooperate
with the United Nations in facilitating the completion of the decolonization of the
Republic of Mauritius as rapidly as possible, including an obligation not to support
the continuing wrongful conduct of the United Kingdom in maintaining its colonial
administration in the Chagos Archipelago.
On 22 May 2019, the General Assembly, by an overwhelming majority of 116 votes to
6, adopted resolution 73/295. By this resolution, it endorsed the Court’s Advisory
Opinion, affirmed that the Chagos Archipelago forms an integral part of the territory
of the Republic of Mauritius, and demanded that the United Kingdom terminate its unlawful
colonial administration within a maximum of six months, that is, by no later than
22 November 2019. That deadline has now expired.
Moreover, the General Assembly in its resolution called upon Member States to ‘cooperate
with the United Nations to ensure the completion of the decolonization of Mauritius
as rapidly as possible’ and to refrain from conduct that might impede or delay the
completion of decolonization. It further called upon the United Nations and all its
specialized agencies to recognize that the Chagos Archipelago forms an integral part
of the territory of the Republic of Mauritius, to support the decolonization of the
Republic of Mauritius as rapidly as possible, and to refrain from impeding that process
by recognizing the so-called ‘British Indian Ocean Territory’. Lastly, the resolution
also called upon ‘all other international, regional and intergovernmental organizations,
including those established by treaty,’ to recognize that the Chagos Archipelago forms
an integral part of the territory of the Republic of Mauritius, to support its speedy
decolonization, and to ‘refrain from impeding that process’ by recognizing the so-called
‘British Indian Ocean Territory’.
The Republic of Mauritius has, over the years, consistently asserted, and hereby reasserts,
its full sovereignty over the Chagos Archipelago. The Government of the Republic of
Mauritius therefore unequivocally protests against the extension by the United Kingdom
of the Agreements listed at Annex to the so-called ‘British Indian Ocean Territory’
and against the purported exercise by the United Kingdom of any sovereignty, rights
or jurisdiction within the territory of the Republic of Mauritius.
For the above stated reasons, which arise from established principles of international
law as authoritatively interpreted and applied by the International Court of Justice
and endorsed by the UN General Assembly, the Government of the Republic of Mauritius
does not recognize the extension by the United Kingdom of the Agreements listed at
Annex to the so-called ‘British Indian Ocean Territory’, reserves all its rights in
this regard, and calls upon all States Parties to the Agreements listed at Annex to
reject the United Kingdom's extension of these Agreements to the so-called ‘British
Indian Ocean Territory’.
--
See depositairy notification no. C.N.51.2020.TREATIES-XXI.7 for the Annex (list of
Agreements).
Nederlanden, het Koninkrijk der
19-12-2003
The Government of the Kingdom of the Netherlands recalls that as a member of the European
Community it has transferred competence to the Community in respect of certain matters
governed by the Agreement.
... the Government of the Kingdom of the Netherlands [confirms] the declarations1
made by the European Community upon ratification of the Agreement for the Implementing
of the Provisions of the United Nations Convention on the Law of Sea of 10 December
1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly
Migratory Fish Stocks and Highly Migratory Fish Stocks. In this respect, ... [the
Government of the Kingdom of the Netherlands confirms] the declarations made by the
European Community upon ratification of the Agreement for the Implementing of the
Provisions of the United Nations Convention on the Law of Sea of 10 December 1982
relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory
Fish Stocks.
Noorwegen
30-12-1996
Article 43:
According to article 42 of the Agreement, no reservations or exceptions may be made
to the Agreement. A declaration pursuant to its article 43 cannot have the effect
of an exception or reservation for the State making it. Consequently, the Government
of the Kingdom of Norway declares that it does not consider itself bound by declarations
pursuant to article 43 of the Agreement that are or will be made by other States or
international Organisations. Passivity with respect to such declarations shall be
interpreted neither as acceptance nor rejection of such declarations. The Government
reserves Norway's right at any time to take a position on such declarations in the
manner deemed appropriate.
Article 30:
The Government of the Kingdom of Norway declares pursuant to article 30 of the Agreement,
cf. article 298 of the United Nations Convention on the Law of the Sea, that
it does not accept an arbitral tribunal constituted in accordance with Annex VII of
the United Nations Convention on the Law of the Sea for disputes concerning law enforcement
activities in regard to the exercise of sovereign rights or jurisdiction excluded
from the jurisdiction of a court or tribunal under article 297, paragraph 3, of the
United Nations Convention on the Law of the Sea, in the event that such disputes might
be considered to be covered by this Agreement.
Oostenrijk
19-12-2003
Declaration concerning the competence of the Republic of Austria with regard to matters
governed by the Agreement on 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.
The Republic of Austria declares upon ratification of the Agreement on 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 that she has, as a Member State of the European Community, transferred
competence to the Community in respect of the following matters governed by the Agreement:
I. Matters for which the Community has exclusive competence
1. Member States have transferred competence to the Community with regard to the conservation
and management of living marine resources. Hence, in this field, it is for the Community
to adopt the relevant rules and regulations (which the Member States enforce) and
within its competence to enter into external undertakings with third States or competent
organisations. This competence applies in regard of waters under national fisheries
jurisdiction and to the high seas.
2. The Community enjoys the regulatory competence granted under international law
to the flag State of a vessel to determine the conservation and management measures
for marine fisheries resources applicable to vessels flying the flag of Member States
and to ensure that Member States adopt provisions allowing for the implementation
of the said measures.
3. Nevertheless, measures applicable in respect of masters and other officers of fishing
vessels, for example refusal, withdrawal or suspension of authorisations to serve
as such, are within the competence of the Member States in accordance with their national
legislation. Measures relating to the exercise of jurisdiction by the flag State over
its vessels on the high seas, in particular provisions such as those related to the
taking and relinquishing of control of fishing vessels by States other than the flag
State, international cooperation in respect of enforcement and the recovery of the
control of their vessels, are within the competence of the Member States in compliance
with Community law.
II. Matters for which both the Community and its Member States have competence
4. The Community shares competence with its Member States on the following matters
governed by this Agreement: requirements of developing States, scientific research,
port-State measures and measures adopted in respect of non-members of regional fisheries
organisations and non-Parties to the Agreement. The following provisions of the Agreement
apply both to the Community and to its Member States:
- general provisions: (articles 1, 4, and 34 to 50)
- dispute settlement: (Part VIII).
Interpretative Declarations by the Republic of Austria with regard to the Agreement
on 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
1. The Republic of Austria understands that the terms 'geographical particularities',
'specific characteristics of the sub-region or region', 'socioeconomic geographical
and environment factors', 'natural characteristics of that sea' or any other similar
terms employed in reference to a geographical region do not prejudice the rights and
duties of States under international law.
2. The Republic of Austria understands that no provision of this Agreement may be
interpreted in such a way as to conflict with the principle of freedom of the high
seas, recognised by international law.
3. The Republic of Austria understands that the term 'States whose nationals fish
on the high seas' shall not provide any new grounds for jurisdiction based on the
nationality of persons involved in fishing on the high seas rather than on the principle
of flag State jurisdiction.
4. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transitional period as referred to in article 21 (3). Thereafter,
if no agreement has been reached, States shall act only in accordance with the provisions
provided for in articles 21 and 22 of the Agreement.
5. Regarding the application of article 21, the Republic of Austria understands that,
when a flag State declares that it intends to exercise its authority, in accordance
with the provisions in article 19, over a fishing vessel flying its flag, the authorities
of the inspecting State shall not purport to exercise any further authority under
the provisions of article 21 over such a vessel. Any dispute related to this issue
shall be settled in accordance with the procedures provided for in Part VIII of the
Agreement. No State may invoke this type of dispute to remain in control of a vessel
which does not fly its flag. In addition, the Republic of Austria considers that the
word 'unlawful' in article 21 (18) of the Agreement should be interpreted in the light
of the whole Agreement, and in particular, articles 4 and 35 thereof.
6. The Republic of Austria reiterates that all States shall refrain in their relations
from the threat or use of force in accordance with general principles of international
law, the United Nations Charter and the United Nations Convention on the Law of the
Sea. In addition, the Republic of Austria underlines that the use of force as referred
to in article 22 constitutes an exceptional measure which must be based on the strictest
compliance with the principle of proportionality and that any abuse thereof shall
imply the international liability of the inspecting State. Any case of non-compliance
shall be resolved by peaceful means and in accordance with the applicable dispute-settlement
procedures. Furthermore, the Republic of Austria considers that the relevant terms
and conditions for boarding and inspection should be further elaborated in accordance
with the relevant principles of international law in the framework of the appropriate
regional and subregional fisheries management organisations and arrangements.
7. The Republic of Austria understands that in the application of the provisions of
article 21 (6), (7) and (8), the flag State may rely on the requirements of its legal
system under which the prosecuting authorities enjoy a discretion to decide whether
or not to prosecute in the light of all the facts of a case. Decisions of the flag
State based on such requirements shall not be interpreted as failure to respond or
to take action."
Confirmation by the Republic of Austria of the declarations made by the European Community
upon ratification of the Agreement for the implementing 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.
The Republic of Austria hereby confirms the declarations made by the European Community
upon ratification of the Agreement for the implementing 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,... .
Polen
14-03-2006
The Government of the Republic of Poland recalls that, as a Member State of the European
Community, it has transferred competence to the European Community in respect of certain
matters governed by the Agreement.
At the same time, the Republic of Poland confirms the declarations made by the European
Community upon ratification of 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.
Portugal
19-12-2003
The Government of Portugal recalls that [as] a Member of the European Community it has transferred competence to the Community in respect of certain matters governed by the Agreement. Portugal hereby confirms the declarations made by the European Community upon ratification of the Agreement for the Implementing 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.
Russische Federatie
04-08-1997
The Russian Federation states that it considers that the procedures for the settlement
of disputes set forth in article 30 of [the said Agreement] include all the provisions
of part XV of the United Nations Convention on the Law of the Sea that are applicable
to the consideration of disputes between States Parties to the Agreement.
The Russian Federation states that, taking into account articles 42 and 43 of the
Agreement, it objects to all declarations and statements which were made in the past
and which may be made in the future when signing, ratifying or acceding to the Agreement
or on any other occasion in connection with the Agreement and which are not in accordance
with article 43 of the Agreement. It is the position of the Russian Federation that
such declarations and statements, in whatever form they may be made and however they
may be named, cannot exclude or modify the legal force of the provisions of the Agreement
in their application to a Party to the Agreement that has made such a declaration
or statement, and therefore will not be taken into consideration by the Russian Federation
in its relations with that Party to the Agreement.
Slovenië
15-06-2006
The Republic of Slovenia declares upon the deposit of the Instrument of Accession
of the Agreement on 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 that she has, as a Member
State of the European Community, transferred competence to the Community in respect
of the following matters governed by the Agreement:
I. Matters for which the Community has exclusive competence
1. Member States have transferred competence to the Community with regard to the conservation
and management of living marine resources. Hence, in this field, it is for the Community
to adopt the relevant rules and regulations (which the Member States enforce) and
within its competence to enter into external undertakings with third States or competent
organisations. This competence applies in regard of waters under national fisheries
jurisdiction and to the high seas.
2. The Community enjoys the regulatory competence granted under international law
to the flag State of a vessel to determine the conservation and management measures
for marine fisheries resources applicable to vessels flying the flag of Member States
and to ensure that Member States adopt provisions allowing for the implementation
of the said measures.
3. Nevertheless, measures applicable in respect of masters and other officers of fishing
vessels, for example refusal, withdrawal or suspension of authorisations to serve
as such, are within the competence of the Member States in accordance with their national
legislation.
Measures relating to the exercise of jurisdiction by the flag State over its vessels
on the high seas, in particular provisions such as those related to the taking and
relinquishing of control of fishing vessels by States other than the flag State, international
cooperation in respect of enforcement and the recovery of the control of their vessels,
are within the competence of the Member States in compliance with Community law.
II. Matters for which both the Community and its Member States have competence
The Community shares competence with its Member States on the following matters governed
by this Agreement: requirements of developing States, scientific research, port-State
measures and measures adopted in respect of non-members of regional fisheries organisations
and non-Parties to the Agreement. The following provisions of the Agreement apply
both to the Community and to its Member States:
- general provisions: (Articles 1, 4, and 34 to 50)
- dispute settlement: (Part VIII).
Interpretative Declaration
1. The Republic of Slovenia understands that the terms geographical particularities,
specific characteristics of the sub-region or region, 'socioeconomic geographical
and environment factors, 'natural characteristics of that sea' or any other similar
terms employed in reference to a geographical region do not prejudice the rights and
duties of States under international law.
2. The Republic of Slovenia understands that no provision of this Agreement may be
interpreted in such a way as to conflict with the principle of freedom of the high
seas, recognised by international law.
3. The Republic of Slovenia understands that the term States whose nationals fish
on the high seas shall not provide any new grounds for jurisdiction based on the nationality
of persons involved in fishing on the high seas rather than on the principle of flag
State jurisdiction.
4. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transitional period as referred to in Article 21 (3). Thereafter,
if no agreement has been reached, States shall act only in accordance with the provisions
provided for in Articles 21 and 22 of the Agreement.
5. Regarding the application of Article 21, the Republic of Slovenia understands that,
when a flag State declares that it intends to exercise its authority, in accordance
with the provisions in Article 19, over a fishing vessel flying its flag, the authorities
of the inspecting State shall not purport to exercise any further authority under
the provisions of Article 21 over such a vessel. Any dispute related to this issue
shall be settled in accordance with the procedures provided for in Part VIII of the
Agreement. No State may invoke this type of dispute to remain in control of a vessel
which does not fly its flag. In addition, the Republic of Slovenia considers that
the word 'unlawful' in Article 21 (18) of the Agreement should be interpreted in the
light of the whole Agreement, and in particular, Articles 4 and 35 thereof.
6. The Republic of Slovenia reiterates that all States shall refrain in their relations
from the threat or use of force in accordance with general principles of international
law, the United Nations Charter and the United Nations Convention on the Law of the
Sea. In addition, the Republic of Slovenia underlines that the use of force as referred
to in Article 22 constitutes an exceptional measure which must be based on the strictest
compliance with the principle of proportionality and that any abuse thereof shall
imply the international liability of the inspecting State. Any case of non-compliance
shall be resolved by peaceful means and in accordance with the applicable dispute-settlement
procedures. Furthermore, the Republic of Slovenia considers that the relevant terms
and conditions for boarding and inspection should be further elaborated in accordance
with the relevant principles of international law in the framework of the appropriate
regional and subregional fisheries management organisations and arrangements.
7. The Republic of Slovenia understands that in the application of the provisions
of Article 21 (6), (7) and (8), the flag State may rely on the requirements of its
legal system under which the prosecuting authorities enjoy a discretion to decide
whether or not to prosecute in the light of all the facts of a case. Decisions of
the flag State based on such requirements shall not be interpreted as failure to respond
or to take action.
Confirmation of the declarations made by the European Community
The Republic of Slovenia hereby confirms the declarations made by the European Community
upon ratification of the Agreement for the implementing 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.
Slowakije
22-04-2009
As a Member State of the European Community the Slovak Republic has transferred its
competence for certain matters governed by the Agreement to the European Community.
These matters are mentioned in the Declaration of 19 December 2003 made by the European
Community upon ratification of the Agreement.
The Slovak Republic confirms the interpretative declarations of 19 December 2003 made
by the European community upon ratification of the Agreement.
Spanje
19-12-2003
Spain, as a member of the European Community, points out that it has transferred competence
to the Community with regard to a number of matters regulated by the Fish Stocks Convention.
Spain hereby reaffirms the declarations made by the European Community upon ratifying
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.
Interpretative declarations:
1. Spain understand that the terms "geographical particularities", "specific characteristics
of the subregion or region", "socio-economic, geographical and environmental factors",
"natural characteristics of that sea" or any other similar terms employed in reference
to a geographical region do not prejudice the rights and duties of States under international
law.
2. Spain understands that no provision of this Agreement may be interpreted in such
a way as to conflict with the principle of freedom of the high seas, recognized by
international law.
3. Spain understand that the term "States whose nationals fish on the high seas" shall
not provide any new grounds for jurisdiction based on the nationality of persons involved
in fishing on the high seas rather than on the principle of flag State jurisdiction.
4. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transitional period as referred to in article 21, paragraph 3.
Thereafter, if no agreement has been reached, States shall act only in accordance
with the provisions provided for in articles 21 and 22 of the Agreement.
5. Regarding the application of article 21, Spain understands that, when a flag State
declares that it intends to exercise its authority, in accordance with the provisions
of article 19, over a fishing vessel flying its flag, the authorities of the inspecting
State shall not purport to exercise any further authority under the provisions of
article 21 over such a vessel.
Any dispute related to this issue shall be settled in accordance with the procedures
provided for in part VIII of the Agreement. No State may invoke this type of dispute
to remain in control of a vessel which does not fly its flag.
In addition, Spain considers that the word "unlawful" in article 21, paragraph 18
of the Agreement should be interpreted in the light of the whole Agreement, particularly,
articles 4 and 35 thereof.
6. Spain reiterates that all States shall refrain in their relations from the threat
or use of force in accordance with general principles of international law, the United
Nations Charter and the United Nations Convention on the Law of the Sea.
In addition, Spain underlines that the use of force as referred to in article 22 constitutes
an exceptional measure which must be based upon the strictest compliance with the
principle of proportionality and that any abuse thereof shall imply the international
liability of the inspecting State. Any case of non-compliance shall be resolved by
peaceful means and in accordance with the applicable dispute-settlement procedures.
Furthermore, Spain considers that the relevant terms and conditions for boarding and
inspection should be further elaborated in accordance with the relevant principles
of international law in the framework of the appropriate regional and subregional
fisheries management organizations and arrangements.
7. Spain understand that in the application of the provisions of article 21, paragraphs
6, 7 and 8, the flag State may rely on the requirements of its legal system under
which the prosecuting authorities enjoy a discretion to decide whether or not to prosecute
in the light of all the facts of a case. Decisions of the flag State based on such
requirements shall not be interpreted as failure to respond or to take action.
8. Spain is of the view that the constituent conventions of regional fisheries management
organizations such as the Northwest Atlantic Fisheries Organization, the North-East
Atlantic Fisheries Commission and the International Commission for the Conservation
of Atlantic Tunas, given their status as special international agreements, have legal
precedence over the New York Agreement, which sets forth general rules on the conservation
and management of straddling fish stocks and highly migratory fish stocks. Part VI
of the Agreement, "Compliance and enforcement", laying down boarding and inspection
procedures, is therefore to be regarded as a regulation subordinate to alternative
mechanisms established by subregional or regional fisheries management organizations
which effectively discharge the obligations under the New York Agreement of their
members or participants to ensure compliance with the conservation and management
measures established by such organizations or arrangements.
9. Spain understands that in article 8, paragraph 3, of the Agreement the term "a
real interest" used with reference to States which may be members of a regional fisheries
management organization shall be regarded as meaning that a regional fisheries management
organization must in all circumstances be open to any State whose fleet fishes or
has fished in the area covered by the constituent convention of such organization,
in respect of which fleet the flag State has the authority to ensure compliance and
enforcement. Participation in such organizations by the States in question shall indicate
their real interest in the fisheries.
10. Spain, as a member of the European Community, points out that it has transferred
competence to the Community with regard to a number of matters regulated by the Fish
Stocks Convention. Spain hereby reaffirms the declarations made by the European Community
upon ratifying 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.
Tsjechië
12-09-2007
As a Member State of the European Community the Czech Republic has transferred its
competence for certain matters governed by the Agreement to the European Community.
These matters are mentioned in the Declaration of 19 December 2003 made by the European
Community upon ratification of the Agreement.
The Czech Republic confirms the interpretative declarations of 19 December 2003 made
by the European Community upon ratification of the Agreement.
Uruguay
10-09-1999
1. The objective of the Agreement, as set out in article 2, is to establish an appropriate
legal framework and a comprehensive and effective set of measures for the conservation
and management of straddling fish stocks and highly migratory fish stocks.
2. The effectiveness of the regime established will depend, inter alia , on whether
the conservation and management measures that are applied in areas beyond national
jurisdiction take duly into account and are compatible with, those adopted by the
relevant coastal States with respect to the same stocks in areas under their national
jurisdiction, as provided for in article 7.
3. Among the biological characteristics of a fish stock as a factor of which special
account must be taken in determining compatible conservation and management measures,
in accordance with article 7, paragraph 2(d), Uruguay attaches particular importance
to the reproduction period of the fish stock in question, in order to ensure a sound
and balanced approach to protection.
4. Moreover, in order for the above-mentioned regime to be fully effective, in accordance
with the objective and purpose of the Agreement, it is necessary to adopt emergency
conservation and management measures, as stated in article 6, paragraph 7, where a
serious threat exists to the survival of one or more straddling fish stocks or highly
migratory fish stocks as a result of a natural phenomenon or human activity.
5. Uruguay is of the view that, if an inspection carried out by a port State on a
fishing vessel which is voluntarily present in one of its ports reveals that there
are evident grounds for believing that the said fishing vessel has been involved in
an activity that is contrary to the sub-regional or regional conservation and management
measures on the high seas, then, in exercise of its right and duty to cooperate in
conformity with article 23 of the Agreement, the port State should so inform the flag
State and request that it take over responsibility for the vessel for the purpose
of ensuring compliance with the said measures.
Verenigd Koninkrijk
03-12-1999
1. The United Kingdom understands that the terms 'geographical particularities', 'specific
characteristics of the sub-region or region', 'socio-economic geographical and environmental
factors', 'natural characteristics of that sea' or any other similar terms employed
in reference to a geographical region do not prejudice the rights and duties of States
under international law.
2. The United Kingdom understands that no provision of this Agreement may be interpreted
in such a way as to conflict with the principle of freedom of the high seas, recognized
by international law.
3. The United Kingdom understands that the term 'States whose nationals fish on the
high seas' shall not provide any new grounds for jurisdiction based on the nationality
of persons involved in fishing on the high seas rather than on the principle of flag
State jurisdiction.
4. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transitional period as referred to in Article 21(3). Thereafter,
if no agreement has been reached, states shall act only in accordance with the provisions
provided for in Articles 21 and 22 of the Agreement.
10-12-2001
1. The United Kingdom is a keen supporter of the Straddling Fish Stocks Agreement.
Legislation of the European Communities (Council decision 10176/97 of 8 June 1998)
binds the United Kingdom as a matter of EC law to deposit its instrument of ratification
in relation to the metropolitan territory simultaneously with the European Community
and the other Member States.
It is hoped that this event will take place later this year. The constraints imposed
by that Council decision only apply in respect of the United Kingdom metropolitan
territory and those overseas territories to which the EC treaties apply.
2. In the light of its temporary inability to ratify the Agreement in relation to
the metropolitan territory, and the strong desire of the United Kingdom to implement
the Agreement in respect of those overseas territories to which the EC treaty does
not apply, because of the advantages it will bring to them, the United Kingdom lodged
its instrument of ratification to the Agreement, with declarations, in respect of
those overseas territories on 3 December 1999.
3. The United Kingdom is concerned that upon entry into force of the Agreement, the
overseas territories covered by this ratification should enjoy the rights and obligations
accruing under the Agreement. I would therefore be grateful if you would arrange for
the above formal declaration to be circulated in order in order to make it clear to
all concerned the nature of the United Kingdom's approach to ratification of this
convention.
19-12-2003
[The Government of the United Kingdom has the honour to declare], in accordance with
article 47 (1) of the Agreement (applying mutatis mutandis article 5 (2) and (6) of
Annex IX of the United Nations Convention on the Law of the Sea 1982), that as a Member
of the European Community, the United Kingdom has transferred competence to the European
Community in respect of certain matters governed by the Agreement, which are specified
in the Annex to this declaration.
[The Government of the United Kingdom hereby confirms] the declarations made by the
European Community upon ratification of the Agreement, and confirm that the interpretative
declarations made by the European Community shall apply also to the United Kingdom's
ratification of the said Agreement in respect of certain Overseas Territories, namely
Pitcairn, Henderson, Ducie and Oeno Islands, Falkland Islands, South Georgia and South
Sandwich Islands, Bermuda, Turks and Caicos Islands, British Indian Ocean Territory,
British Virgin Islands and Anguilla.
31-12-2020
[The Government of the United Kingdom of Great Britain and Northern Ireland has] the
honour to refer to 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 (the ‘Agreement’).
[The Government of the United Kingdom of Great Britain and Northern Ireland has] the
further honour to refer to the Declarations of the Government of the United Kingdom
of Great Britain and Northern Ireland (the ‘United Kingdom’) made on 19 December 2003
in respect of the Agreement.
Following the United Kingdom’s withdrawal from the European Union on 31 January 2020
and the end of the transition period provided for in the Withdrawal Agreement between
the United Kingdom and the European Union on 31 December 2020, the United Kingdom
will have full competence in its own right over all matters covered by the Agreement.
In accordance with Article 47 (1) of the Agreement, applying mutatis mutandis Article
5 (4) of Annex IX of the United Nations Convention on the Law of the Sea, the Government
of the United Kingdom therefore has the honour to notify the withdrawal of paragraph
1 of its Declaration made on 19 December 2003 with respect to its transfer of competence
to the European Community in respect of certain matters governed by the Agreement,
with effect from the end of the transition period on 31 December 2020.
For the avoidance of doubt the declarations made in paragraph 2 of the United Kingdom’s
Declaration of 19 December 2003 are reaffirmed to the same extent on the following
terms:
1. The United Kingdom understands that the terms ‘geographical particularities’, ‘specific
characteristics of the sub-region’, ‘socio-economic geographical and environmental
factors’, ‘natural characteristics of that sea’ or any other similar terms employed
in reference to a geographical region do not prejudice the rights and duties of States
under International law.
2. The United Kingdom understands that no provision of this Agreement may be interpreted
in such a way as to conflict with the principle of freedom of the high seas, as recognized
by international law.
3. The United Kingdom understands that the term ‘States whose nationals fish on the
high seas’ shall not provide any new grounds for jurisdiction based on the nationality
of persons involved in fishing on the high seas rather than on the principle of flag
State jurisdiction.
4. The Agreement does not grant any State the right to maintain or apply unilateral
measures during the transitional period as referred to in article 21 (3). Thereafter,
if no agreement has been reached, States shall act only in accordance with the provisions
provided for in articles 21 and 22 of the Agreement.
5. Regarding the application of article 21, the United Kingdom understands that, when
a flag State declares that it intends to exercise its authority, in accordance with
the provisions in article 19, over a fishing vessel flying its flag, the authorities
of the inspecting State shall not purport to exercise any other authority under the
provisions of article 21 over such vessel.
Any dispute related to this issue shall be settled in accordance with the procedures
provided for in Part VIII of the Agreement. No State may invoke this type of dispute
to remain in control of a vessel which does not fly its flag.
In addition, the United Kingdom considers that the word ‘unlawful’ in article 21,
paragraph 18 of the Agreement should be interpreted in the light of the whole Agreement,
and in particular, articles 4 and 35 thereof.
6. The United Kingdom reiterates that all States shall refrain in their relations
from the threat or use of force in accordance with general principles of international
law, the United Nations Charter and the United Nations Law of the Sea.
In addition, the United Kingdom underlines that the use of force as referred to in
article 22 constitutes an exceptional measure which must be based upon the strictest
compliance with the principle of proportionality and that any abuse thereof shall
imply the international liability of the inspecting State. Any case of non-compliance
shall be resolved by peaceful means and in accordance with the applicable dispute-settlement
procedures.
Furthermore, the United Kingdom considers that the relevant terms and conditions for
boarding and inspection should be further elaborated in accordance with the relevant
principles of international law in the framework of the appropriate regional and sub-regional
fisheries management organizations and arrangements.
7. The United Kingdom understands that in the application of the provisions of article
21 paragraphs 6, 7 and 8, the flag State may rely on the requirements of its legal
system under which the prosecuting authorities enjoy a discretion to decide whether
or not to prosecute in the light of all the facts of a case. Decisions of the flag
State based on such requirements shall not be interpreted as failure to respond or
to take action.
Verenigde Staten van Amerika
21-08-1996
In accordance with article 30 (4) of the Agreement, the Government of the United States of America declares that it chooses a special arbitral tribunal to be constituted in accordance with Annex VIII of the United Nations Convention on the Law of the Sea of 10 December 1982 for the settlement of disputes pursuant to Part VIII of the Agreement.
Vietnam
18-12-2018
As a State Party to the United Nations Convention on the Law of the Sea of 10 December
1982 and 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 (UNFSA),
Viet Nam reaffirms that she always respects for the provisions of these treaties and
implements her international commitments therein contained.
Viet Nam has recognized that her accession to the said Agreement at this point of
time is suitable with the current practice in Viet Nam for long-term conservation
and sustainable use of living marine resources through effective implementation of
the provisions of the Convention, at the same time ensures development of fishery
sector of Viet Nam and promotes cooperation in fishery sector with countries in the
region and in the world.
In that spirit, Viet Nam has enacted the Law on Fisheries in 2017 (effective since
1 January 2019) and is continuing to harmonize domestic legal regulations in conformity
with the provisions of relevant treaties to which Viet Nam is a party, including UNSFA.
Viet Nam calls for technical assistance from State Parties to this Agreement and relevant
international organizations with an aim to enhancing capacity and sharing experiences
in the assessment of straddling fish stocks and highly migratory fish stocks.
Zweden
19-12-2003
The Kingdom of Sweden recalls that, as a Member of the European Community, it has transferred competence to the Community in respect of certain matters governed by the Agreement. The Kingdom of Sweden hereby confirms the declarations made by the European Community upon ratification of 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.