286
The same day, the Union also made a Declaration concerning its competences
with regard to matters governed by UNCLOS and that Agreement,
3
making it the
first international treaty to contain such a declaration by the EU.
4
Ever since, the
provisions of UNCLOS have been part of the EU legal order.
5
This was possible due, first, to Art. 305(f) and Art. 1 of Annex IX UNCLOS and,
second, to the EU’s international legal personality, which allows it, in accordance
with Art. 47 TEU, to enter into treaties in respect of the competences transferred to
it by its Member States. Currently, the EU is the sole international organisation that
is Party to this Convention and this special position has allowed it to take part in
different international fora and to defend its interests at sea,
6
such that, in the last
three decades, it has become an active actor in the international and regional governance of seas.
7
This Declaration of competences has not been supplemented or amended since
1998 despite the continuous development of the EU’s competences in relation to
matters covered by UNCLOS.
8
As the European Court of Justice (hereinafter, ECJ)
ruled in the MOX Plant case, the Declaration “specifies the extent and the nature of
the areas of competence transferred by the Member States to the Community in the
matters dealt with by the Convention in respect of which the Community accepts the
rights and obligations provided for by that Convention”.
9
Therefore, it “confirms
that a transfer of areas of shared competence […] took place within the framework
of the Convention”.
10
Since its conclusion, UNCLOS has taken on greater relevance for the EU
Member States, becoming one of the most important legal tools for the ECJ in its
commitment to solving the ambiguities and gaps brought before it with regard to the
application and interpretation of the provisions of this multilateral treaty and its
December 1982 on the Law of the Sea and the Agreement of 28 July 1994 on the application of
Part XI thereof, Official Journal, C 155/1, 23 May 1997.
3 http://www.un.org/depts/los/doalos_publications/LOSBulletins/bulletinpdf/bulletinE37.pdf,
pp. 7–13. Specifically, the EU affirmed that its Member States had transferred their competences
in this field to it and, therefore, “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”.
4 On the EU’s declarations of competence in the framework of multilateral treaties, see Heliskoski
(2013), Kuijper and Paasivirta (2013), pp. 56–57; Lijnzaad (2014) and Long (2014),
pp. 160–162.
5 ECJ, IATA and ELFAA, C-344/04, ECLI:EU:C:2006:10, Judgment, 10 January 2006, para. 36;
ECJ, Commission v. Ireland, C-459/03, ECLI:EU:C:2006:345, Judgment, 30 May 2006, para. 82.
6 See, inter alia: Sobrino Heredia (2002), and Treves (2008).
7 As is well known, the EU is one of the most important coastal entities with one of the largest longdistance fleets. It is the third fishing power globally and has a large fish-processing sector. See
https://ec.europa.eu/fisheries/sites/fisheries/files/docs/body/pcp_en.pdf.
8 In this regard, see Long (2014), p. 161, and Paasivirta (2015), p. 1050.
9 Commission v. Ireland, para. 99.
10 Ibidem, para. 105.
G. A. Oanta
The same day, the Union also made a Declaration concerning its competences
with regard to matters governed by UNCLOS and that Agreement,
3
making it the
first international treaty to contain such a declaration by the EU.
4
Ever since, the
provisions of UNCLOS have been part of the EU legal order.
5
This was possible due, first, to Art. 305(f) and Art. 1 of Annex IX UNCLOS and,
second, to the EU’s international legal personality, which allows it, in accordance
with Art. 47 TEU, to enter into treaties in respect of the competences transferred to
it by its Member States. Currently, the EU is the sole international organisation that
is Party to this Convention and this special position has allowed it to take part in
different international fora and to defend its interests at sea,
6
such that, in the last
three decades, it has become an active actor in the international and regional governance of seas.
7
This Declaration of competences has not been supplemented or amended since
1998 despite the continuous development of the EU’s competences in relation to
matters covered by UNCLOS.
8
As the European Court of Justice (hereinafter, ECJ)
ruled in the MOX Plant case, the Declaration “specifies the extent and the nature of
the areas of competence transferred by the Member States to the Community in the
matters dealt with by the Convention in respect of which the Community accepts the
rights and obligations provided for by that Convention”.
9
Therefore, it “confirms
that a transfer of areas of shared competence […] took place within the framework
of the Convention”.
10
Since its conclusion, UNCLOS has taken on greater relevance for the EU
Member States, becoming one of the most important legal tools for the ECJ in its
commitment to solving the ambiguities and gaps brought before it with regard to the
application and interpretation of the provisions of this multilateral treaty and its
December 1982 on the Law of the Sea and the Agreement of 28 July 1994 on the application of
Part XI thereof, Official Journal, C 155/1, 23 May 1997.
3 http://www.un.org/depts/los/doalos_publications/LOSBulletins/bulletinpdf/bulletinE37.pdf,
pp. 7–13. Specifically, the EU affirmed that its Member States had transferred their competences
in this field to it and, therefore, “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”.
4 On the EU’s declarations of competence in the framework of multilateral treaties, see Heliskoski
(2013), Kuijper and Paasivirta (2013), pp. 56–57; Lijnzaad (2014) and Long (2014),
pp. 160–162.
5 ECJ, IATA and ELFAA, C-344/04, ECLI:EU:C:2006:10, Judgment, 10 January 2006, para. 36;
ECJ, Commission v. Ireland, C-459/03, ECLI:EU:C:2006:345, Judgment, 30 May 2006, para. 82.
6 See, inter alia: Sobrino Heredia (2002), and Treves (2008).
7 As is well known, the EU is one of the most important coastal entities with one of the largest longdistance fleets. It is the third fishing power globally and has a large fish-processing sector. See
https://ec.europa.eu/fisheries/sites/fisheries/files/docs/body/pcp_en.pdf.
8 In this regard, see Long (2014), p. 161, and Paasivirta (2015), p. 1050.
9 Commission v. Ireland, para. 99.
10 Ibidem, para. 105.
G. A. Oanta