LegalizeDecreto n.º 2/2001
TEXTO :
Decreto n.º 2/2001
de 26 de Janeiro
Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova o 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 em 4 de Agosto de 1995, cuja versão em língua inglesa e tradução em língua portuguesa seguem em anexo ao presente diploma, formulando-se a seguinte declaração ao presente Acordo:
Artigo único
Portugal assinala que, enquanto Estado membro da Comunidade Europeia, transferiu para a Comunidade competência em algumas das matérias regidas pelo presente Acordo, cuja natureza e alcance constará de uma declaração detalhada feita pela Comunidade Europeia ao depositar o seu instrumento de ratificação do Acordo, nos termos do artigo 47.º do mesmo Acordo.
Visto e aprovado em Conselho de Ministros de 2 de Novembro de 2000. - António Manuel de Oliveira Guterres - Jaime José Matos da Gama - Luís Manuel Capoulas Santos - José Sócrates Carvalho Pinto de Sousa.
Assinado em 8 de Janeiro de 2001.
Publique-se.
O Presidente da República, JORGE SAMPAIO.
Referendado em 11 de Janeiro de 2001.
O Primeiro-Ministro, António Manuel de Oliveira Guterres.
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.
The States Parties to this Agreement:
Recalling the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982;
Determined to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks;
Resolved to improve cooperation between States to that end;
Calling for more effective enforcement by flag States, port States and coastal States of the conservation and management measures adopted for such stocks;
Seeking to address in particular the problems identified in chapter 17, programme area C, of Agenda 21 adopted by the United Nations Conference on Environment and Development, namely, that the management of high seas fisheries is inadequate in many areas and that some resources are overutilized; noting that there are problems of unregulated fishing, over-capitalization, excessive fleet size, vessel reflagging to escape controls, insufficiently selective gear, unreliable databases and lack of sufficient cooperation between States;
Committing themselves to responsible fisheries;
Conscious of the need to avoid adverse impacts on the marine environment, preserve biodiversity, maintain the integrity of marine ecosystems and minimize the risk of long-term or irreversible effects of fishing operations;
Recognizing the need for specific assistance, including financial, scientific and technological assistance, in order that developing States can participate effectively in the conservation, management and sustainable use of straddling fish stocks and highly migratory fish stocks;
Convinced that an agreement for the implementation of the relevant provisions of the Convention would best serve these purposes and contribute to the maintenance of international peace and security;
Affirming that matters not regulated by the Convention or by this Agreement continue to be governed by the rules and principles of general international law;
have agreed as follows:
PART I
General provisions
Article 1
Use of terms and scope
1 - For the purposes of this Agreement:
«Convention» means the United Nations Convention on the Law of the Sea of 10 December 1982;
«Conservation and management measures» means measures to conserve and manage one or more species of living marine resources that are adopted and applied consistent with the relevant rules of international law as reflected in the Convention and this Agreement;
«Fish» includes molluscs and crustaceans except those belonging to sedentary species as defined in article 77 of the Convention; and
«Arrangement» means a cooperative mechanism established in accordance with the Convention and this Agreement by two or more States for the purpose, inter alia, of establishing conservation and management measures in a subregion or region for one or more straddling fish stocks or highly migratory fish stocks.
2 - a) «States Parties» means States which have consented to be bound by this Agreement and for which the Agreement is in force.
This Agreement applies, mutatis mutandis:
To any entity referred to in article 305, paragraph 1, c), d) and e), of the Convention; and
ii) Subject to article 47, to any entity referred to as an «international organization» in annex IX, article 1, of the Convention;
which becomes a Party to this Agreement, and to that extent «States Parties» refers to those entities.
3 - This Agreement applies, mutatis mutandis, to other fishing entities whose vessels fish on the high seas.
Article 2
Objective
The objective of this Agreement is to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through effective implementation of the relevant provisions of the Convention.
Article 3
Application
1 - Unless otherwise provided, this Agreement applies to the conservation and management of straddling fish stocks and highly migratory fish stocks beyond areas under national jurisdiction, except that articles 6 and 7 apply also to the conservation and management of such stocks within areas under national jurisdiction, subject to the different legal regimes that apply within areas under national jurisdiction and in areas beyond national jurisdiction as provided for in the Convention.
2 - In the exercise of its sovereign rights for the purpose of exploring and exploiting, conserving and managing straddling fish stocks and highly migratory fish stocks within areas under national jurisdiction, the coastal State shall apply, mutatis mutandis, the general principles enumerated in article 5.
3 - States shall give due consideration to the respective capacities of developing States to apply articles 5, 6 and 7 within areas under national jurisdiction and their need for assistance as provided for in this Agreement. To this end, part VII applies, mutatis mutandis, in respect of areas under national jurisdiction.
Article 4
Relationship between this Agreement and the Convention
Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of States under the Convention. This Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention.
PART II
Conservation and management of straddling fish stocks and highly migratory fish stocks
Article 5
General principles
In order to conserve and manage straddling fish stocks and highly migratory fish stocks, coastal States and States fishing on the high seas shall, in giving effect to their duty to cooperate in accordance with the Convention:
Adopt measures to ensure long-term sustainability of straddling fish stocks and highly migratory fish stocks and promote the objective of their optimum utilization;
Ensure that such measures are based on the best scientific evidence available and are designed to maintain or restore stocks at levels capable of producing maximum sustainable yield, as qualified by relevant environmental and economic factors, including the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimize standards, whether subregional, regional or global;
Apply the precautionary approach in accordance with article 6;
Assess the impacts of fishing, other human activities and environmental factors on target stocks and species belonging to the same ecosystem or associated with or dependent upon the target stocks;
Adopt, where necessary, conservation and management measures for species belonging to the same ecosystem or associated with or dependent upon the target stocks, with a view to maintaining or restoring populations of such species above levels at which their reproduction may become seriously threatened;
Minimize pollution, waste, discards, catch by lost or abandoned gear, catch of non-target species, both fish and non-fish species (hereinafter referred to as non-target species) and impacts on associated or dependent species, in particular endangered species, through measures including, to the extent practicable, the development and use of selective, environmentally safe, and cost-effective fishing gear and techniques;
Protect biodiversity in the marine environment;
Take measures to prevent or eliminate overfishing and excess fishing capacity and to ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of fishery resources;
Take into account the interests of artisanal and subsistence fishing;
Collect and share, in a timely manner, complete and accurate data concerning fishing activities on, inter alia, vessel position, catch of target and non-target species and fishing effort, as set out in annex I, as well as information from national and international research programmes;
Promote and conduct scientific research and develop appropriate technologies in support of fishery conservation and management; and
Implement and enforce conservation and management measures through effective monitoring, control and surveillance.
Article 6
Application of the precautionary approach
1 - States shall apply the precautionary approach widely to conservation, management and exploitation of straddling fish stocks and highly migratory fish stocks in order to protect the living marine resources and preserve the marine environment.
2 - States shall be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures.
3 - In implementing the precautionary approach, States shall:
Improve decision-making for fishery resource conservation and management by obtaining and sharing the best scientific information available and implementing improved techniques for dealing with risk and uncertainty;
Apply the guidelines set out in annex II and determine, on the basis of the best scientific information available, stock-specific reference points and the action to be taken if they are exceeded;
Take into account, inter alia, uncertainties relating to the size and productivity of the stocks, reference points, stock condition in relation to such reference points, levels and distribution of fishing mortality and the impact of fishing activities on non-target and associated or dependent species, as well as existing and predicted oceanic, environmental and socio-economic conditions; and
Develop data collection and research programmes to assess the impact of fishing on non-target and associated or dependent species and their environment, and adopt plans which are necessary to ensure the conservation of such species and to protect habitats of special concern.
4 - States shall take measures to ensure that, when reference points are approached, they will not be exceeded. In the event that they are exceeded, States shall, without delay, take the action determined under paragraph 3, b), to restore the stocks.
5 - Where the status of target stocks or non-target or associated or dependent species is of concern, States shall subject such stocks and species to enhanced monitoring in order to review their status and the efficacy of conservation and management measures. They shall revise those measures regularly in the light of new information.
6 - For new or exploratory fisheries, States shall adopt as soon as possible cautious conservation and management measures, including, inter alia, catch limits and effort limits. Such measures shall remain in force until there are sufficient data to allow assessment of the impact of the fisheries on the long-term sustainability of the stocks, whereupon conservation and management measures based on that assessment shall be implemented. The latter measures shall, if appropriate, allow for the gradual development of the fisheries.
7 - If a natural phenomenon has a significant adverse impact on the status of straddling fish stocks or highly migratory fish stocks, States shall adopt conservation and management measures on an emergency basis to ensure that fishing activity does not exacerbate such adverse impact. States shall also adopt such measures on an emergency basis where fishing activity presents a serious threat to the sustainability of such stocks. Measures taken on an emergency basis shall be temporary and shall be based on the best scientific evidence available.
Article 7
Compatibility of conservation and management measures
1 - Without prejudice to the sovereign rights of coastal States for the purpose of exploring and exploiting, conserving and managing the living marine resources within areas under national jurisdiction as provided for in the Convention, and the right of all States for their nationals to engage in fishing on the high seas in accordance with the Convention:
With respect to straddling fish stocks, the relevant coastal States and the States whose nationals fish for such stocks in the adjacent high seas area shall seek, either directly or through the appropriate mechanisms for cooperation provided for in part III, to agree upon the measures necessary for the conservation of these stocks in the adjacent high seas area;
With respect to highly migratory fish stocks, the relevant coastal States and other States whose nationals fish for such stocks in the region shall cooperate either directly or through the appropriate mechanisms for cooperation provided for in part III, with a view to ensuring conservation and promoting the objective of optimum utilization of such stocks throughout the region, both within and beyond the areas under national jurisdiction.
2 - Conservation and management measures established for the high seas and those adopted for areas under national jurisdiction shall be compatible in order to ensure conservation and management of the straddling fish stocks and highly migratory fish stocks in their entirety. To this end, coastal States and States fishing on the high seas have a duty to cooperate for the purpose of achieving compatible measures in respect of such stocks. In determining compatible conservation and management measures, States shall:
Take into account the conservation and management measures adopted and applied in accordance with article 61 of the Convention in respect of the same stocks by coastal States within areas under national jurisdiction and ensure that measures established in respect of such stocks for the high seas do not undermine the effectiveness of such measures;
Take into account previously agreed measures established and applied for the high seas in accordance with the Convention in respect of the same stocks by relevant coastal States and States fishing on the high seas;
Take into account previously agreed measures established and applied in accordance with the Convention in respect of the same stocks by a subregional or regional fisheries management organization or arrangement;
Take into account the biological unity and other biological characteristics of the stocks and the relationships between the distribution of the stocks, the fisheries and the geographical particularities of the region concerned, including the extent to which the stocks occur and are fished in areas under national jurisdiction;
Take into account the respective dependence of the coastal States and the States fishing on the high seas on the stocks concerned; and
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