Oceans and Law of the Sea

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

Adopted on 4 August 1995 by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

ENTRY INTO FORCE: 11 December 2001, in accordance with article 40 (1).

TEXT: Document A/CONF.164/37; and depositary notification C.N.99.1996.TREATIES-4 of 7 April 1996 (procès-verbal of rectification of the authentic Arabic text).

STATUS of the Fish Stocks Agreement

Note: The above Agreement was adopted on 4 August 1995 at New York, by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks. In accordance with its article 37, the Agreement was open for signature at United Nations Headquarters, from 4 December 1995 until and including 4 December 1996 by all States and the other entities referred to in article 305 (1) (a), (c), (d), (e) and (f) of the United Nations Convention on the Law of the Sea of 10 December 1982.

Note: Official information regarding the declarations and statements under articles 30 and 47 of the 1995 United Nations Fish Stocks Agreement is available at the web site of the Treaty Section of the Office of Legal Affairs of the United Nations.

 


Declarations

Relevant articles of the Agreement:

Article 30

Procedures for the settlement of disputes

  1. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of this Agreement, whether or not they are also Parties to the Convention.
  2. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of a subregional, regional or global fisheries agreement relating to straddling fish stocks or highly migratory fish stocks to which they are parties, including any dispute concerning the conservation and management of such stocks, whether or not they are also Parties to the Convention.
  3. Any procedure accepted by a State Party to this Agreement and the Convention pursuant to article 287 of the Convention shall apply to the settlement of disputes under this Part, unless that State Party, when signing, ratifying or acceding to this Agreement, or at any time thereafter, has accepted another procedure pursuant to article 287 for the settlement of disputes under this Part.
  4. A State Party to this Agreement which is not a Party to the Convention, when signing, ratifying or acceding to this Agreement, or at any time thereafter, shall be free to choose, by means of a written declaration, one or more of the means set out in article 287, paragraph 1, of the Convention for the settlement of disputes under this Part. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is a party which is not covered by a declaration in force. For the purposes of conciliation and arbitration in accordance with Annexes V, VII and VIII to the Convention, such State shall be entitled to nominate conciliators, arbitrators and experts to be included in the lists referred to in Annex V, article 2, Annex VII, article 2, and Annex VIII, article 2, for the settlement of disputes under this Part. 5. Any court or tribunal to which a dispute has been submitted under this Part shall apply the relevant provisions of the Convention, of this Agreement and of any relevant subregional, regional or global fisheries agreement, as well as generally accepted standards for the conservation and management of living marine resources and other rules of international law not incompatible with the Convention, with a view to ensuring the conservation of the straddling fish stocks and highly migratory fish stocks concerned.

Article 42

Reservations and exceptions

No reservations or exceptions may be made to this Agreement.

Article 43

Declarations and statements

Article 42 does not preclude a State or entity, when signing, ratifying or acceding to this Agreement, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Agreement, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Agreement in their application to that State or entity.


Declarations

Austria (19 December 2003)

Belgium (19 December 2003)

Bulgaria (13 December 2006)

Canada (3 August 1999 )

China (upon signature, 6 November 1996)

Czech Republic (12 September 2007)

Denmark (19 December 2003)

Estonia (upon accession, 7 August 2006)

European Community (upon signature, 27 June 1996); upon ratification, 19 December 2003)

Finland (19 December 2003)

France (upon signature, 4 December 1996; upon ratification, 19 December 2003)

Germany (19 December 2003)

Greece (19 December 2003)

Hungary (20 April 2009)

India (19 Aug 2003)

Ireland (19 December 2003)

Italy (19 December 2003)

Latvia (12 April 2007)

Lithuania (1 March 2007)

Luxembourg (19 December 2003)

Malta (11 November 2001)

Mauritius (25 March 1997)

Netherlands (upon signature, 28 June 1996; upon ratification, 19 December 2003)

Norway (30 December 1996)

Poland (14 March 2006)

Portugal (19 December 2003)

Russian Federation (4 August 1997)

Slovakia (22 April 2009)

Slovenia (15 June 2006)

Spain (19 December 2003)

Sweden (19 December 2003)

United Kingdom of Great Britain and Northern Ireland (10 December 2001; and upon deposit instrument of ratification by the United Kingdom of Great Britain and Northern Ireland, on behalf of the United Kingdom of Great Britain and Northern Ireland, 19 December 2003)

United States of America (21 August 1996) 

Uruguay (upon signature, 16 January 1996, and confirmed upon ratification, 10 September 1999)

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Note: On 19 December 2003, instruments of ratification were deposited by the European Community and its 15 member States, with declarations.


AUSTRIA

    "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,... :"

        [See declarations under "European Community".]


 BELGIUM

        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.

        [See declarations under "European Community".]


BULGARIA

Declaration:

    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

Declaration:

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.


CHINA

Upon signature:

Statement:

"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."


CZECH REPUBLIC

12 September 2007

Declarations:

"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."

[See declarations under "European Community".]

 


DENMARK

        "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 declarations1 made by the European Community upon ratification of the Agreement."

        [See declarations under "European Community".]


ESTONIA

Declarations:

"- 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."

 


EUROPEAN COMMUNITY

Upon signature:

Declaration concerning the competence of the European Community with regard to matters governed by the [said 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 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, para.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."

Upon ratification:

        "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 ofDenmark, 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. 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 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

        "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."

        [See declarations under "European Community".]


FRANCE

Upon signature

Declarations:

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.

Upon ratification

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.

[See declarations under "European Community".]

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.


GERMANY

"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)."

[See declarations under "European Community".]


 GREECE

"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."

[See declarations under "European Community".]


 HUNGARY

[to be posted]

[See declarations under "European Community".]


INDIA

Declaration:

"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."


IRELAND

"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.

[See declarations under "European Community".]

Annex

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)."


ITALY

"..., 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."

[See declarations under "European Community".]


LATVIA

12 April 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."

[See declarations under "European Community".]


LITHUANIA

".... 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."

[See declarations under "European Community".]


LUXEMBOURG

... [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 declarations made by the European Community regarding the ratification of the aforementioned Agreement, included in annex C.

[See declarations under "European Community".]


MALTA

    In connection with the accession by Malta on the 9th day of November, Two Thousand and One 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, adopted in New York on 4th August, 1995 by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, ... 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.

1 1.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.


NETHERLANDS

Upon signature

Declaration in respect of article 47:

Upon signing the Agreement the Netherlands recalls that, as a Member State of the European Community, it has transferred competence to the Community with respect to certain matters governed by the Agreement. A detailed declaration on the nature and extent of the competence transferred to the European community has been made by the European Community on the occasion of its signature of the Agreement, in accordance with article 47 of the Agreement.

Interpretative declarations made upon signature of the Agreement:

[Same interpretative declarations, mutatis mutandis, as those made under European Community.]

Upon ratification

"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 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.

[See declarations under "European Community".]


NORWAY

"Declaration pursuant to article 43 of the Agreement:

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.

Declaration pursuant to article 30 of the Agreement:

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."


POLAND

Declaration upon accession:

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

"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."

[See declarations under "European Community".]


RUSSIAN FEDERATION

Declaration:

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.


SLOVAKIA

22 April 2009

Declaration in respect to article 47 (1) of the Agreement:

"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."

[See declarations under "European Community".]


SLOVENIA

Declaration:

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."

[See declarations under "European Community".]


SPAIN

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.

[See declarations under "European Community".]

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.


SWEDEN

"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."

[See declarations under "European Community".]


United Kingdom of Great Britain and Northern Ireland  1/
(Upon ratification on behalf of 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)

 [Original: English]

 “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.”

    Upon a request for clarification as to why the ratification of 3 December 1999 excluded the metropolitan territory of the United Kingdom of Great Britain and Northern Ireland, and subsequent consultations, the following additional declaration was provided by the United Kingdom of Great Britain and Northern Ireland on 10 December 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. ..."

Accordingly, the ratification was accepted in deposit on 10 December 2001, the date on which the second declaration was lodged with the Secretary-General.

Upon deposit of the instrument of ratification by the United Kingdom of Great Britain and Northern Ireland, on behalf of the United Kingdom of Great Britain and Northern Ireland

"[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.

[See declarations under "European Community".]

[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."

[See declarations under "European Community".]

 


UNITED STATES OF AMERICA

Declaration:

"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."


URUGUAY

Upon signature:

Declarations:

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 cooperated in conformity with article 23 of the Agreement 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.


Notes:

United Kingdom of Great Britain and Northern Ireland (upon ratification on behalf of Pitcairn, Henderson, Ducie and Oeno Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, Bermuda, Turks and Caicos Islands, British Indian Ocean Territory, British Virgin Islands and Anguilla)

"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."

Upon a request for clarification as to why the above ratification excluded the metropolitan territory of the United Kingdom of Great Britain and Northern Ireland, and subsequent consultations, the following additional declaration was provided by the United Kingdom of Great Britain and Northern Ireland on 10 December 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. ..."

Argentina (4 December 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.

United Kingdom (19 January 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 extend 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."

Mauritius (upon accession):

Declaration:

"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."

United Kingdom (30 July 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."

Mauritius (8 February 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."

Argentina (8 February 2002)

Further, on 8 February 2002, the Secretary-General received from the Government of Argentina, the following communication:

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 to resume 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.

United Kingdom (17 June 2002)

In this regard, the Secretary-General received from the Government of the United Kingdom on 17 June 2002,the following communication:

".....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."

 

Prepared by the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations.

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