98/414/EC: Council Decision of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing 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 stocks and highly migratory fish stocks

3.7.1998 EN Official Journal of the European Communities L 189/14
COUNCIL DECISION
of 8 June 1998
on the ratification by the European Community of the Agreement for the implementing 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 stocks and highly migratory fish stocks
(98/414/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 43 together with the first paragraph of Article 228(3),
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, for sea fishing, the Community is competent to adopt measures for the conservation and management of fisheries resources and to enter into external undertakings with other countries or international organisations;
Whereas the Community has signed the United Nations Convention on the Law of the Sea, which obliges coastal States and States which engage in fishing on the high seas to cooperate in the conservation and management of straddling fish stocks and highly migratory fish stocks;
Whereas the Community took part in international negotiations as part of the United Nations Conference on straddling fish stocks and highly migratory fish stocks, which ended with the adoption of the Agreement, and whereas it signed the Agreement on 27 June 1996;
Whereas the aim of the Agreement is to ensure long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks by providing for, inter alia, the strengthening of international fisheries organisations and international cooperation regarding these stocks;
Whereas Community fishermen fish these stocks and whereas it is in the Community's interest to play an effective role in the regional fisheries organisations which will be responsible for implementing the Agreement;
Whereas under Articles 1(2), 38 and 47 thereof, the Agreement is open to ratification by the European Community in accordance with Annex IX to the Convention on the Law of the Sea;
Whereas the Community and its Member States have competence in the areas covered by the Agreement; whereas it is therefore necessary for the Community and its Member States simultaneously to become Contracting Parties in order to carry out together the obligations laid down in the Agreement and excercise together the rights it confers in cases of shared competence in order to guarantee uniform application of the Agreement in the context of the common fisheries policy,