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...

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15. Realization of the Federal Chancellor concerning the scope of the Convention 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 States Fish stocks and highly migratory fish stocks

According to the Communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification or ratification. Instruments of accession to the Convention 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 (BGBl. III N ° 21/2005):

States:

Date of deposit of the instruments of ratification. Certificate of Accession:

Belize

14. July 2005

Bulgaria

13. December 2006

Estonia

7 August 2006

Guinea

16 September 2005

Indonesia

28 September 2009

Japan

7 August 2006

Kiribati

15 September 2005

Republic of Korea

1 February 2008

Latvia

5 February 2007

Liberia

16 September 2005

Lithuania

1 March 2007

Mozambique

10 December 2008

Nigeria

2 November 2009

Niue

11 October 2006

Oman

14 May 2008

Palau

26 March 2008

Panama

16 December 2008

Poland

14. March 2006

Romania

16 July 2007

Slovakia

6 November 2008

Slovenia

15 June 2006

Saint Vincent and the Grenadines

29 October 2010

Trinidad and Tobago

13 September 2006

Czech Republic

19 March 2007

Tuvalu

2 February 2009

Hungary

16 May 2008

On the occasion of the deposit of the instruments of ratification or The following States have issued the following declaration:

Bulgaria:

The Republic of Bulgaria declares that the declarations of the European Community 1 On the occasion of the 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 Far of migratory fish stocks with a view to the transfer of responsibilities from the Member States to the European Union on certain matters falling under the Convention also for the Republic of Bulgaria from the date of its Accession to the European Union.

Estonia:

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As a Member State of the European Community, the Republic of Estonia has transferred its competence to the European Community for certain matters governed by the Convention. These matters will be adopted by the European Community on 19 December 2003. 1 on the occasion of the ratification of the Convention.

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The Republic of Estonia confirms the interpretative declarations of the European Community issued on 19 December 2003, when ratifying the Convention.

Latvia:

Pursuant to Article 47 (1) of the Convention 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 Fish stocks (mutatis mutandis in the application of Annex IX, Article 5 (2) and (6) of the 1982 Convention on the Law of the Sea), the Republic of Latvia recalls that it is the Member State of the European Community of the European Communities in certain of the Convention on matters covered by the Convention.

The Republic of Latvia hereby certifies the European Community 1 Declarations made on the occasion of the ratification 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.

Poland:

The Government of the Republic of Poland is recalling that Poland, as a Member State of the European Community, has delegated powers to the latter in certain matters governed by the Convention.

At the same time, the Republic of Poland confirms the European Community's 1 On the occasion of the ratification of the Convention 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 Fish stocks declarations.

Slovakia:

As a Member State of the European Community, in certain matters governed by the Convention, the Slovak Republic has transferred powers to the European Community. These matters will be adopted by the European Community on 19 December 2003. 1 on the occasion of the ratification of the Convention.

The Slovak Republic confirms the interpretative statements made on 19 December 2003 by the European Community on the occasion of the ratification of the Convention.

Slovenia:

The Republic of Slovenia declares, on the occasion of the deposit of the instrument of accession to the Convention 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, which, as a Member State of the European Community, are responsible for this in certain matters governed by the Convention with regard to the following matters under the Convention in case of case-law matters:

I. Questions for which the Community is solely responsible

1.

The Member States have delegated powers to the Community for the conservation and management of living marine resources. In this area, the Community has to lay down the relevant rules and regulations (which are then applied by the Member States) and obligations to third States or to the competent organisations. . This competence extends to the waters under national fisheries jurisdiction and to the high seas.

2.

The Community shall have the responsibility, under international law, of the flag State of a ship to establish measures for the conservation and management of the marine resources to which vessels flying the flag of the Member States and ensure that Member States make arrangements for the enforcement of these measures.

3.

However, measures relating to captains and officers of fishing vessels are covered, for example. B. Denial, withdrawal or suspension of work permits under the competence of the Member States in accordance with their national legislation.

Measures relating to the exercise of the jurisdiction of the flag Member State relating to its vessels on the high seas, in particular the provisions relating to the taking-over and the re-transfer of control over fishing vessels by others States as the flag State, international cooperation in the enforcement and re-exercise of control over their own vessels, fall within the competence of the Member States, which have to comply with Community rules.

II. Questions for which both the Community and the Member States are responsible

The Community shall, with its Member States, share the competence in the following matters of this Convention:

The needs of developing countries, scientific research, port state measures and measures relating to States which are not members of regional fisheries organisations and are not parties to this Convention.

The following provisions of the Convention shall apply both to the Community and to its Member States:

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general provisions: (Articles 1, 4 and 34 to 50),

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Dispute resolution: (Part VIII).

Czech Republic:

As a Member State of the European Community, the Czech Republic has transferred its competence to the European Community for certain matters governed by the Convention. These matters will be adopted by the European Community on 19 December 2003. 1 on the occasion of the ratification of the Convention.

The Czech Republic confirms the interpretative statements of the European Community issued on 19 December 2003, when ratifying the Convention.

Hungary:

1.

The Government of the Republic of Hungary declares that Hungary, as a Member State of the European Community, has transferred powers to the European Community in certain matters governed by the Convention.

2.

The Government of the Republic of Hungary hereby certifies the European Community of 19 December 2003 1 On the occasion of the ratification of the Convention 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 Fish stocks declarations.

3.

The Government of the Republic of Hungary agrees that the terms 'geographical features', 'special features of the subregion or region', 'socio-economic, geographical and environmental factors', 'natural features of this sea' or other terms used in a geographical region do not affect the rights and obligations of States under international law.

4.

The Government of the Republic of Hungary agrees that no provision of this Convention can be interpreted in a manner contrary to the principle of freedom of the high seas, which is recognised under international law.

5.

The Government of the Republic of Hungary agrees that the phrase 'States whose nationals fish on the high seas' constitutes a new legal basis, on the basis of the principle of the jurisdiction of the flag State and not on the basis of the principle of the jurisdiction of the flag State. Basis of the nationality of the high seas.

6.

This Convention does not grant any State the right to maintain or apply unilateral measures during the transitional period under Article 21 (3). Subsequently, in cases where no agreement is reached, the States shall act exclusively in accordance with Articles 21 and 22 of the Convention.

7.

As regards the application of Article 21 of the Convention, the Government of the Republic of Hungary assumes that, in the case where the flag State declares that it shall, in accordance with Art. 19, its jurisdiction over a flag leading its flag fishing vessel shall not be allowed to exercise any further jurisdiction by the authorities of the control State. Disputes on this point shall be settled in accordance with the procedure set out in Part VIII of the Convention. No state can justify, by invoking such disputes, that it retains a ship that does not fly its flag in its custody. The Government of the Republic of Hungary is also of the opinion that the term 'inadmissible' should be interpreted in Article 21 (18) on the basis of the Convention as a whole, and in particular Articles 4 and 35.

8.

The Government of the Republic of Hungary reiterates that it is in its relations in accordance with the general principles of international law, the statutes of the United Nations and the United Nations Convention on the Law of the Sea, from the threat and the the use of force to refrain from violence. Furthermore, the Government of the Republic of Hungary underlines that the use of force in accordance with Article 22 constitutes an exceptional measure to be based on the strictest respect of the principle of proportionality and that the The State of Control shall be held liable for any abuse under international law. Any infringement shall be dealt with by peaceful means and in accordance with the procedures applicable to dispute settlement. The Government of the Republic of Hungary is also of the opinion that the rules and conditions for on-board checks are carried out in accordance with the relevant principles of international law within the framework of the relevant regional and subregional fisheries organisations. and agreements should be made more precise.

9.

The Government of the Republic of Hungary assumes that the flag State may, in the application of Article 21 (6), (7) and (8), act in accordance with the provisions of its legal order, according to which it is at the discretion of the investigating authority to: Take into account all the circumstances of the investigation. Decisions of the flag State to which these provisions are based shall not be interpreted as inaction.

Faymann