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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)
propriate legal framework and a comprehensive and effective set of measures for the conservation and management of straddling fish stocks and highly migratory fish stocks.
2. The effectiveness of the regime established will depend, inter alia, on whether the conservation and management measures that are applied in areas beyond national jurisdiction take duly into account and are compatible with, those adopted by the relevant coastal States with respect to the same stocks in areas under their national jurisdiction, as provided for in article 7.
3. Among the biological characteristics of a fish stock as a factor of which special account must be taken in determining compatible conservation and management measures, in accordance with article 7, paragraph 2(d), Uruguay attaches particular importance to the reproduction period of the fish stock in question, in order to ensure a sound and balanced approach to protection.
4. Moreover, in order for the above-mentioned regime to be fully effective, in accordance with the objective and purpose of the Agreement, it is necessary to adopt emergency conservation and management measures, as stated in article 6, paragraph 7, where a serious threat exists to the survival of one or more straddling fish stocks or highly migratory fish stocks as a result of a natural phenomenon or human activity.
5. Uruguay is of the view that, if an inspection carried out by a port State on a fishing vessel which is voluntarily present in one of its ports reveals that there are evident grounds for believing that the said fishing vessel has been involved in an activity that is contrary to the sub-regional or regional conservation and management measures on the high seas, then, in exercise of its right and duty to cooperate in conformity with article 23 of the Agreement, the port State should so inform the flag State and request that it take over responsibility for the vessel for the purpose of ensuring compliance with the said measures.
End Note
1. It will be recalled that, the Government of Italy had deposited an instrument of ratification on 4 March 1999 which it withdrew on 4 June 1999, indicating the following: "Italy indends to withdraw the instrument of ratification it deposited on 4 March 1999, in order to proceed subsequently to complete that formality in conjuction with all the States members of the European Union.".
2. It will be recalled that the Government of Luxembourg had deposited an instrument of ratification on 5 October 2000, which it withdrew on 21 December 2000, indicating the following:
The Permanent Mission of the Grand Duchy of Luxembourg had indeed received instructions to deposit the instrument of ratification of the above-mentioned Agreement with the Secretary-General of the United Nations; this was done on 5 October 2000. It turned out, however, that deposit on that date was premature since, in accordance with decision 98/414/CE of the Council of the European Union, of 8 June 1998, the instrument was to be deposited simultaneously with the instruments of ratification of all States members of the European Union.
Accordingly, [the Government of Luxembourg would] be grateful if [the Secretary-General] would note that Luxembourg wishes to withdraw the instrument of ratification deposited on 5 October 2000. A simultaneous deposit of the instruments of the Community and of all member States is to take place subsequently.
3. For the Kingdom in Europe.
4. With a territorial application in respect of Tokelau.
5. On 19 December 2003, an instrument of ratification was lodged by the United Kingdom of Great Britain and Northern Ireland ("on behalf of the United Kingdom of Great Britain and Northern Ireland").
It will be recalled that on 4 December 1995, the Agreement was signed by the Government of the United Kingdom of Great Britain and Northern Ireland "...on
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