Scope Of The Convention To The Implementation Of The Provisions Of The Convention Of United Nations 10 December 1982 On The Conservation And Management Of Gebietsübergre...

Original Language Title: Geltungsbereich des Übereinkommens zur Durchführung der Bestimmungen des Seerechtsübereinkommens der Vereinten Nationen vom 10. Dezember 1982 über die Erhaltung und Bewirtschaftung gebietsübergre...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997753/geltungsbereich-des-bereinkommens-zur-durchfhrung-der-bestimmungen-des-seerechtsbereinkommens-der-vereinten-nationen-vom-10.-dezember-1982-ber-die-erh.html

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15 announcement of the Federal Chancellor concerning the scope of the Convention to the implementation of the provisions of the law of the sea the United Nations Convention of 10 December 1982 on the conservation and management of straddling fish stocks and highly migratory fish stocks

After messages of the Secretary-General of the United Nations, following further States have their instruments of ratification or accession to the Convention on the implementation of the provisions of the law of the sea the United Nations Convention of 10 December 1982 on the conservation and management of straddling fish stocks and highly migratory fish stocks (BGBl. III No 21 / 2005) deposited:

 



States:



Date of deposit of the instrument of ratification or instrument of accession:



Belize



July 14, 2005



Bulgaria



December 13, 2006



Estonia



August 7, 2006



Guinea



September 16, 2005



Indonesia



September 28, 2009



Japan



August 7, 2006



Kiribati



September 15, 2005



Republic of Korea



February 1, 2008



Latvia



February 5, 2007



Liberia



September 16, 2005



Lithuania



March 1, 2007



Mozambique



December 10, 2008



Nigeria



November 2, 2009



Niue



October 11, 2006



Oman



May 14, 2008



Palau



March 26, 2008



Panama



December 16, 2008



Poland



March 14, 2006



Romania



July 16, 2007



Slovakia



November 6, 2008



Slovenia



June 15, 2006



St. Vincent and the Grenadines



October 29, 2010



Trinidad and Tobago



September 13, 2006



Czech Republic



March 19, 2007



Tuvalu



February 2, 2009



Hungary



May 16, 2008 on the occasion of the deposit of the instrument of ratification or instrument of accession following States issued the following declaration:

Bulgaria:

The Republic of Bulgaria declares that the declarations of the European Community1 on the occasion of the ratification of the Convention by 1995 on the implementation of the provisions of the law of the sea the United Nations Convention of 10 December 1982 on the conservation and management of straddling fish stocks and highly migratory fish stocks with regard to the transfer of powers from the Member States to the European Union apply regarding certain under the Convention of falling Affairs for the Republic of Bulgaria from the time of their accession to the European Union.

Estonia: - as a Member State of the European Community the Republic of Estonia has transferred its responsibility for certain matters regulated by the Convention to the European Community. These matters are called in on 19 December 2003 by the European Community1 on the occasion of Declaration issued the ratification of the Convention.

-The Republic of Estonia confirmed that interpretive statements of the European Community of 19 December 2003 on the occasion of the ratification of the Convention.

Latvia:

According to article 47 paragraph 1 of the Convention to the implementation of the provisions of the law of the sea the United Nations Convention of 10 December 1982 on the conservation and management of straddling fish stocks and highly migratory fish stocks (mutatis mutandis application of annex IX article 5 para 2 and 6 of the law of the Sea Convention of 1982), calls the Republic of Latvia, remembered that she transferred powers regulated matters as a Member State of the European Community of this in particular by the Convention.

The Republic of Latvia hereby confirms that by the European Community1 on the occasion of the ratification of the maritime law the United Nations Convention of 10 December 1982 on the conservation and management of straddling fish stocks and highly migratory fish stocks statements made.

Poland:

The Government of the Republic of Poland recalls that Poland has responsibilities regulated matters as a Member State of the European Community of this in particular by the Convention.

At the same time, the Republic of Poland confirmed which of the European Community1 on the occasion of the ratification of the Convention on the implementation of the provisions of law of the sea the United Nations Convention of 10 December 1982 on the conservation and management of straddling fish stocks and highly migratory fish stocks statements made.

Slovakia:

As a Member State of the European Community, Slovakia in particular by the Convention has transferred competence to the European Community regulated matters. These matters are called in on 19 December 2003 by the European Community1 on the occasion of Declaration issued the ratification of the Convention.

The Slovak Republic confirmed on 19 December 2003 by the European Community on the occasion of the ratification of the Convention interpretive statements.

Slovenia:

The Republic of Slovenia declared on the occasion of the deposit of the instrument of accession to the Convention on the implementation of the provisions of the Convention on the law of the United Nations of 10 December 1982 on the conservation and management of straddling fish stocks and highly migratory fish stocks that she transferred responsibilities with regard to the following matters falling under the Convention regulated matters as a Member State of the European Community of this in certain of the Convention:

I. matters for which the community has exclusive powers 1.
The Member States have transferred responsibilities for the conservation and management of living marine resources of the community. Thus the community has in this area to define the relevant rules and regulations on (which then brought to the application by the Member States), as well as to enter into commitments with third States or competent organisations. This responsibility extends to the waters under national fisheries jurisdiction and on the high seas.

2. the community has jurisdiction related to the flag State of a ship under international law, set measures for the conservation and management of marine resources, which are subject to the vessels flying the flag of Member States, and to ensure that the Member States take measures to enforce these measures.

3. However fall measures related to masters and officers of vessels, such as refusal, withdrawal or suspension of the work permit within the competence of the Member States in accordance with their national legislation.

Measures relating to the exercise of the authority of the flag Member State over its vessels on the high seas, in particular the provisions concerning the acquisition and the renewed transfer of control of fishing vessels by States other than the flag State, international cooperation in the enforcement and back exercise of the control over the own ships, fall within the competence of the Member States, where these the Community regulations have.

II. matters for which both the community and the Member States are responsible

The community shares competence with its Member States in following questions of this Convention:

Needs of developing countries, scientific research, port-State measures and measures in relation to States that are not members of regional fisheries management organisations and not a party to this Convention.

The following provisions of the Convention apply to both the community and its Member States:-General provisions: (articles 1, 4 and 34 to 50),-dispute settlement: (part VIII).

Czech Republic:

As a Member State of the European Community, the Czech Republic has transferred its responsibility for certain matters regulated by the Convention to the European Community. These matters are called in on 19 December 2003 by the European Community1 on the occasion of Declaration issued the ratification of the Convention.

The Czech Republic confirmed that interpretive statements of the European Community of 19 December 2003 on the occasion of the ratification of the Convention.

Hungary: 1 the Government of the Republic of Hungary declared that Hungary transferred competence to the European Community as a Member State of the European Community in the Convention regulated matters.

2. the Government of the Republic of Hungary hereby declares that on 19 December 2003 by the European Community1 on the occasion of the ratification of the Convention on the implementation of the provisions of law of the sea the United Nations Convention of 10 December 1982 on the conservation and management of straddling fish stocks and highly migratory fish stocks statements made.

3. the Government of the Republic of Hungary agrees that the terms 'geographical particularities', 'special characteristics of the sub-region or region', 'socio-economic, geographical and environmental factors', 'natural characteristics of that sea' or other terms used in relation to a geographical region do not touch the rights and obligations of States under international law.

4.

The Government of the Republic of Hungary agrees that no provision of this Convention in such a way can be interpreted, which is contrary to the internationally accepted principles of freedom of the high seas.

5. the Government of the Republic of Hungary agrees that the formulation 'States whose Angehörige fishing on the high seas' represents a new legal basis and on the basis of the principle of the jurisdiction of the flag State and not on the basis of the nationality of the deep-sea fishermen.

6. this Convention grants the right, during the transitional period under article 21 unilateral measures to keep paragraph 3 or to apply any State. Then be the States in cases where no agreement is reached only in accordance with articles 21 and 22 of the Convention.

7 as regards the application of article 21 of the Convention, as the Government of the Republic of Hungary of which assumes that in the case in which the flag State declares that he referred to in article 19 will exercise its jurisdiction over a fishing vessel leading his flag, the authorities of the control state no more jurisdiction may exercise. Disputes on this point are to clarify the procedure described in part VIII of the Convention. No State can justify with reference to such disputes that he keeps a ship flying its flag, not in his custody. The Government of the Republic of Hungary considers that the term "impermissible" to interpret paragraph 18 on the basis of the entire Convention and in particular of article 4 and 35 is in article 21.

8. the Government of the Republic of Hungary repeated that they have to refrain of the UN Charter and the law of the Sea Convention of the United Nations by the threat and the use of force in their relations in accordance with the General principles of international law. In addition, the Government of the Republic of Hungary points out that the use of force in accordance with article 22 is an exceptional measure, which has to be based on the strictest compliance with the principle of proportionality, and that the control state for every abuse is liable under international law. Every infringement is met by peaceful means and in accordance with the applicable procedures for the settlement of disputes. It is also the Government of the Republic of Hungary of believes that the terms and conditions governing board controls should be more precisely defined according to the relevant principles of international law within the framework of the relevant regional and subregional fisheries organizations and arrangements.

9. the Government of the Republic of Hungary expects that the flag State for the application of article 21 can proceed paragraph 6, 7 and 8 in accordance with its legal system, according to which it is at the discretion of the investigating authority, to conduct investigations, taking into account all the circumstances of the case. Decisions of the flag State, which are based on these provisions, are not be construed as inaction.

Faymann