Party
Cyprus modified
- Ratification: 28-05-2025 (R)
- Reservations / Declarations: Yes
-
added reservation
28-05-2025
1. Pursuant to Articles 70 and 10(1) of the Agreement under the United Nations Convention
on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological
Diversity of Areas beyond National Jurisdiction, the Republic of Cyprus declares the
exception of the retroactive effects as set out in the second sentence of Article
10(1), therefore the provisions of this Agreement shall apply for the Republic of
Cyprus only to activities with respect to marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction collected
and generated after the entry into force of this Agreement for the Republic of Cyprus.
2. With regard to the division of the competence of regional economic integration
organizations and their member States in respect of the matters governed by this Agreement,
the Republic of Cyprus refers to the declaration of competence to be made by the European
Union in accordance with Article 67, paragraph 2, of the Agreement.
EU (European Union) modified
- Ratification: 28-05-2025 (R)
- Reservations / Declarations: Yes
-
added reservation
28-05-2025
Declaration of Competence of the European Union made in accordance with Article 67(2)
of the Agreement under the United Nations Convention on the Law of the Sea on the
conservation and sustainable use of marine biological diversity of areas beyond national
jurisdiction [2024/1832] 1. The European Union (‘the Union’) submits, in accordance
with Article 67(2) of the Agreement under the United Nations Convention on the Law
of the Sea on the conservation and sustainable use of marine biological diversity
of areas beyond national jurisdiction (‘the Agreement’), the following Declaration
of Competence in respect of matters governed by the Agreement. 2. The Union Member
States are the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the
Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland,
the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of
Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the
Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta,
the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the
Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic
of Finland and the Kingdom of Sweden. 3. Pursuant to Articles 3 and 4 of the Treaty
on the Functioning of the European Union (TFEU), in some matters the Union has exclusive
competence, and in other matters competence is shared between the Union and its Member
States. Pursuant to Article 4(1) of the Treaty on European Union (TEU), the Member
States remain solely competent for all matters in respect of which no competence has
been conferred upon the Union in the Treaties. 4. In this regard, the Union declares,
firstly, that it is competent to enter into international agreements, and to implement
the obligations resulting therefrom, which are related to the area of environment,
a shared competence with the Member States pursuant to Article 4(2), point (e), TFEU.
This concerns namely the following objectives, in accordance with Article 191 TFEU:
- preserving, protecting and improving the quality of the environment; - protecting
human health; - prudent and rational utilisation of natural resources; - promoting
measures at international level to deal with regional or worldwide environmental problems,
and in particular combating climate change. As regards matters for which Union rules
have been adopted, the Union has exclusive competence in respect of matters governed
by the Agreement only to the extent that provisions of the Agreement or decisions
of the Conference of the Parties to the Agreement may affect common rules or alter
their scope within the meaning of Article 3(2) TFEU. In this regard, the conclusion
of the Agreement, on behalf of the Union, does not affect the attribution of competences
between the Union and its Member States according to the Treaties. In particular,
this Declaration should not be interpreted as making use of the possibility for the
Union to exercise its external competence with regard to areas covered by the Agreement
falling within shared competence to the extent that such competence has not yet been
exercised internally by the Union. In the area of shared competences, the Member States
retain their competence insofar as the Agreement does not affect common rules or alter
the scope thereof, including their foreseeable future development. Accordingly, the
extent of the Union’s competence must be assessed on the basis of a comprehensive
and detailed analysis of the relationship between the Agreement and the precise provisions
of each measure of Union law, on a case-by-case basis. The scope and the exercise
of such Union competences are, by their nature, subject to continuous development.
5. Secondly, the Union declares that it has a parallel competence to carry out activities
in the following areas: - research and technological development; - development cooperation.
In accordance with Article 4(3) and (4) TFEU, the exercise of the Union’s parallel
competence is not to result in Member States being prevented from exercising their
competences. 6. Thirdly, the Union declares that it has exclusive competence as regards
the conservation of marine biological resources under the common fisheries policy,
in accordance with Article 3(1), point (d), TFEU. 7. The Union and its Member States
are therefore competent to conclude the Agreement. The Union’s conclusion of the Agreement
is without prejudice to the Member States’ competence as regards the ratification,
acceptance or approval of the Agreement. 8. As regards measures to be adopted under
the Agreement, the area of competence of the Union within which the measure falls,
will depend on an internal assessment of the main purpose or component of the measure
to be adopted under the Agreement as well as the objectives and components more specific
to the position to be established by the Union. Accordingly, the Union and its Member
States have decided on their respective responsibilities for the performance of their
obligations under the Agreement, in accordance with Article 67(1) of the Agreement.
9. Finally, as regards the competences transferred to the Union, this Declaration
is without prejudice to the territorial scope of application of the Treaties and shall
be applied under the conditions laid down in the Treaties, in particular Article 355
TFEU. Pursuant to Article 355 TFEU, this Declaration is not applicable to the overseas
countries and territories of the Member States in which the Treaties do 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 interest of those overseas
countries and territories. 10. The Union will inform the depositary of any relevant
modification of the extent of its competence, in accordance with Article 67(2) of
the Agreement. Exception by the European Union under Article 70 in conjunction with
Article 10(1) of the Agreement under the United Nations Convention on the Law of the
Sea on the conservation and sustainable use of marine biological diversity of areas
beyond national jurisdiction [2024/1833] Pursuant to Articles 70 and 10(1) of the
Agreement under the United Nations Convention on the Law of the Sea on the conservation
and sustainable use of marine biological diversity of areas beyond national jurisdiction,
the European Union declares the exception of the retroactive effects as set out in
the second sentence of Article 10(1), therefore the provisions of this Agreement shall
apply for the Union only to activities with respect to marine genetic resources and
digital sequence information on marine genetic resources of areas beyond national
jurisdiction collected and generated after the entry into force of this Agreement
for the Union.
Finland modified
- Ratification: 28-05-2025 (R)
- Reservations / Declarations: Yes
-
added reservation
28-05-2025
Pursuant to Article 70 and Article 10, paragraph 1, of the Agreement, the Republic
of Finland declares the exception of the retroactive effects as set out in the second
sentence of Article 10, paragraph 1, therefore the provisions of the Agreement shall
apply for the Republic of Finland only to activities with respect to marine genetic
resources and digital sequence information on marine genetic resources of areas beyond
national jurisdiction collected and generated after the entry into force of the Agreement
for the Republic of Finland.
Portugal modified
- Ratification: 28-05-2025 (R)
- Reservations / Declarations: Yes
-
added reservation
28-05-2025
The Portuguese Republic hereby declares, in accordance with paragraph 1 of Article
10 and Article 70 of the Agreement under the United Nations Convention on the Law
of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity
of Areas Beyond National Jurisdiction, that the provisions of the Agreement under
the United Nations Convention on the Law of the Sea on the Conservation and Sustainable
Use of Marine Biological Diversity of Areas Beyond National Jurisdiction pertaining
to activities related to marine genetic resources and digital sequence information
on marine genetic resources from areas beyond national jurisdiction shall not apply
to the resources and information that were collected or generated prior to the entry
into force of the Agreement under the United Nations Convention on the Law of the
Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas
Beyond National Jurisdiction. These provisions shall apply exclusively from the date
on which the Agreement under the United Nations Convention on the Law of the Sea on
the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond
National Jurisdiction enters into force.
Hungary modified
- Ratification: 28-05-2025 (R)
Latvia modified
- Ratification: 28-05-2025 (R)
Slovenia modified
- Ratification: 28-05-2025 (R)
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Party
France modified
- Ratification: 05-02-2025 (R)
- Reservations / Declarations: Yes
-
added reservation
05-02-2025
1. In accordance with article 70 and article 10, paragraph 1, of the Agreement under
the United Nations Convention on the Law of the Sea on the Conservation and Sustainable
Use of Marine Biological Diversity of Areas beyond National Jurisdiction, France hereby
makes an exception to exclude retroactive application, as provided for in the second
sentence of article 10, paragraph 1, such that the provisions of this Agreement, for
France, apply only to activities with respect to marine genetic resources and digital
sequence information on marine genetic resources of areas beyond national jurisdiction
collected or generated after the entry into force of this Agreement for France. 2.
With reference to article 71 of the Agreement, France wishes to reaffirm that it fully
supports the United Nations Declaration on the Rights of Indigenous Peoples, adopted
on 13 September 2007, which is mentioned in the preamble to the Agreement. The Declaration
represents the culmination of a long process marking a vital advance in the protection
of the human rights of Indigenous and local populations. With reference to the interpretive
statement that it made at the time of adoption of the Declaration, France wishes to
reaffirm that, by virtue of the constitutional principles of the indivisibility of
the Republic, the unity of the French people and the equality of citizens before the
law, all French citizens have the same rights and obligations under the Constitution,
irrespective of their origin. France is directly concerned with the populations of
its overseas territorial communities and has established specific provisions in its
national laws that are aligned with its constitutional principles. France thus carries
out programmes to support their economic and social development within a framework
that is tailored to the specificities of those populations, which are holders of traditional
knowledge, and to their cultural expression. Those specificities are reflected in
Act No. 2016-1087 on the restoration of biodiversity, nature and the countryside,
adopted on 8 August 2016, through which France meets its international obligations
under the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from Their Utilization to the Convention on Biological
Diversity. Title V of the Act, on access to genetic resources and the sharing of benefits
arising from their utilization, enables France to honour in particular its obligations
to protect the traditional knowledge held by local communities. In order to ensure
consistency with the laws in force and legal certainty for users, the provisions of
the Agreement relating to the traditional knowledge held by local communities will
be interpreted in a manner consistent with our constitutional principles. 3. With
reference to article 60, paragraph 4, of the Agreement, France reaffirms the declaration
that it made when it ratified the United Nations Convention on the Law of the Sea
concerning Part XV, on settlement of disputes: “With reference to the provisions of
article 298, paragraph 1, France does not accept any of the procedures provided for
in Part XV, section 2, with respect to the following disputes: - Disputes concerning
the interpretation or application of articles 15, 74 and 83 relating to sea boundary
delimitations, or those involving historic bays or titles; - Disputes concerning military
activities, including military activities by government vessels and aircraft engaged
in non-commercial service, and disputes concerning law enforcement activities in regard
to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction
of a court or tribunal under article 297, paragraph 2 or 3; - Disputes in respect
of which the Security Council of the United Nations is exercising the functions assigned
to it by the Charter of the United Nations, unless the Security Council decides to
remove the matter from its agenda or calls upon the parties to settle it by the means
provided for in this Convention.” 4. With regard to the division of the competence
of regional economic integration organizations and their member States in respect
of the matters governed by this Agreement, France refers to the declaration of competence
to be made by the European Union in accordance with article 67, paragraph 2, of the
Agreement.
Switzerland added
- Signature: 05-02-2025
- Reservations / Declarations: No
- Objections: No
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