<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)

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."

Luxembourg
Declaration:
...[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
Declaration:
"...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



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