Aviso n.º 532/2006, de 07 de Abril de 2006
Aviso n.º 532/2006 Por ordem superior se torna público que, em 19 de Dezembro de 2003, a Comunidade Europeia depositou o seu instrumento de ratificação ao Acordo Relativo à Aplicação das Disposições da Convenção das Nações Unidas sobre o Direito do Mar, de 10 de Dezembro de 1982, Respeitantes à Conservação e Gestão das Populações de Peixes Transzonais e das Populações de Peixes Altamente Migradores, concluído em Nova Iorque no dia 4 de Agosto de 1995.
O Secretário-Geral da Organização das Nações Unidas, no desempenho das suas funções de depositário, comunica o seguinte: 'The above action was effected on 19 December 2003, with: Declarations (Declaration) (original: English) (translation: French) '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 (original: Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish andSwedish).
'1 - Article 47, 1, of 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 provides that in cases where 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 Highy 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 227thereof.
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.
I - Matters for which the Community has exclusive competence 5 - The Community points out that its member States have transferred competence to it with regard to the conservation and management of living marine resources. Hence, in this field, it is for the Community to adopt the relevant rules and regulations (which the member States enforce) and within its competence to enter into external undertakings with third States or competent organizations. This competence applies in regard of waters under national fisheries jurisdiction and to the high seas.
6 - The Community enjoys the regulatory competence granted under international law to the flag State of a vessel to determine the conservation and management measures for marine fisheries resources applicable to vessels flying the flag of member States and to ensure that member States adopt provisions allowing for the implementation of the said measures.
7 - Nevertheless, measures applicable in respect of masters and other officers of fishing vessels, e. g., refusal, withdrawal or suspension of...
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