<Статус Соглашения об осуществлении положений Конвенции Организации Объединенных Наций по морскому праву от 10 декабря 1982 года, которые касаются сохранения трансграничных рыбных запасов и запасов далеко мигрирующих рыб и управления ими (Нью-Йорк, 4 декабря 1995 года)» [рус., англ.] (по состоянию на 16.09.2010)

icle 21 over such vessel.
Any dispute related to this issue shall be settled in accordance with the procedures provided for in Part VIII of the Agreement. No State may invoke this type of dispute to remain in control of a vessel which does not fly its flag.
In addition, the European Community and its Member States consider that the word "unlawful" in article 21, paragraph 18 of the Agreement should be interpreted in the light of the whole Agreement, and in particular, articles 4 and 35 thereof.
6. The European Community and its Member States reiterate that all States shall refrain in their relations from the threat or use of force in accordance with general principles of international law, the United Nations Charter and the United Nations Law of the Sea.
Furthermore, the European Community and its Member States consider that the relevant terms and conditions for boarding and inspection should be further elaborated in accordance with the relevant principles of international law in the framework of the appropriate regional and sub-regional fisheries management organizations and arrangements.
7. The European Community and its Member States understand that in the application of the provisions of article 21 paragraphs 6, 7 and 8, the flag State may rely on the requirements of its legal system under which the prosecuting authorities enjoy a discretion to decide whether or not to prosecute in the light of all the facts of a case. Decisions of the flag State based on such requirements shall not be interpreted as failure to respond or to take action."
Upon ratification:
Declarations:
"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 provis of the United Nations Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks provides that in cases where an international organization referred to in Annex IX, article 1, of the Convention does not have competence over all the matters governed by the Agreement, Annex IX of the Convention (with the exception of article 2, first sentence, and article 3 (1)) shall apply mutatis mutandis to participation by such international organization in the Agreement.
2. The current members of the Community are the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
3. The Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks shall apply, with regard to the competences transferred to the European Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular article 227 thereof.
4. This declaration is not applicable in the case of the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the Agreement by the Member States concerned on behalf of and in the interests of those territories.



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