Declaration
concerning the competence of the Republic of Austria with regard to matters
governed by the Agreement on 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
The
Republic of Austria declares upon ratification of the Agreement on 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 that she has, as a
Member State of the European Community, transferred competence to the Community
in respect of the following matters governed by the Agreement:
I. Matters for which the Community has exclusive competence
1. Member States have transferred competence to the Community 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 organisations.
This competence applies in regard of waters under national fisheries
jurisdiction and to the high seas.
2. 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.
3.
Nevertheless, measures applicable in respect of masters and other officers of
fishing vessels, for example refusal, withdrawal or suspension of
authorisations to serve as such, are within the competence of the Member States
in accordance with their national legislation.
Measures relating to the exercise of jurisdiction by the flag State over its
vessels on the high seas, in particular provisions such as those related to the
taking and relinquishing of control of fishing vessels by States other than the
flag State, international cooperation in respect of enforcement and the
recovery of the control of their vessels, are within the competence of the
Member States in compliance with Community law.
II. Matters for which both the Community and its Member States have competence
4. The Community shares competence with its Member States on the following
matters governed by this Agreement: requirements of developing States,
scientific research, port-State measures and measures adopted in respect of
non-members of regional fisheries organisations and non-Parties to the
Agreement.
The following provisions of the Agreement apply both to the Community and to
its Member States:
- general provisions: (Articles 1, 4 and 34 to 50),
- dispute settlement: (Part VIII).