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<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)





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.
11. 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:
Declarations:
"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 declarations 1 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 declarations 1 made by the European Community upon ratification of the Agreement for the Implementing of the Provisions of the United Nations Convention on



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