EU Presidency Statement - Oceans and law of the sea

Mr. Chairman,

I am honoured to speak on behalf of the European Union on the subject of the agenda item entitled "Oceans and the Law of the Sea". The countries of Central and Eastern Europe (Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia) and the associated countries Cyprus and Malta align themselves with this statement.

The preparation and subsequent entry into force of the Montego Bay Convention were major milestones in progress towards strengthened international cooperation on oceans. However, over and above the contribution made by that valuable legal instrument, the need for the informal reinforcement of such cooperation has become a matter of particular urgency if the marine environment is to be safeguarded and the risk of over-exploitation of natural marine resources prevented. It was for that reason that last year, on the recommendation of the Commission on Sustainable Development, the General Assembly introduced, in Resolution 54/33, an Informal Consultative Process on Oceans which, on the basis of an integrated approach to all pertinent aspects of ocean affairs, should facilitate the General Assembly's yearly review of developments in this area.

The first session in the context of this Informal Consultative Process on Oceans and the Law of the Sea was held in New York from 30 May to 2 June 2000 and discussions, which were conducted in a spirit of consensus with the participation of the competent international agencies and organisations and of representatives of civil society, proved most fruitful. The European Union reaffirms its wholehearted support for the Informal Consultative Process on Oceans and fully endorses the recommendations contained in its final report. It especially urges the need to step up action to combat both illegal, undeclared and unregulated fishing and marine pollution.

The thoughts aired during the informal consultative process once again illustrated the relevance of the legal framework provided by the United Nations Convention on the Law of the Sea. By their very nature, questions in connection with the oceans and the law of the sea call for a broad-based approach. In this regard, the Montego Bay Convention remains a vital prop underpinning every effort by the international community in the area of both exploitation of the marine environment and the promotion of peace and safety on the high seas.

In view of the major role played by both the Convention and the Agreement on the implementation of Part XI thereof, the European Union emphasises that the aim of these two instruments, to which the European Community in particular is a party, is to secure universal accession. We welcome the increase in the number of parties to these instruments, 135 in the case of the Convention and 100 in the case of the Agreement on the implementation of Part XI thereof. However, we note with concern that some States have acceded to the Convention without acceding to the Agreement and call upon these States to sign up to the latter as soon as possible.

The European Union calls for the inclusion, in view of their universal nature, of both the Convention and the Agreement in the list - drawn up by the Secretariat - of the main international legal instruments which should be signed and ratified as a priority .

Several States have, in particular, tabled declarations affecting the legal scope of the provisions of the Convention. However, Article 309 states that no reservations may be expressed regarding the Convention. The European Union stresses that these declarations have absolutely no legal scope. Similarly, the retention or introduction in the national law of the party States or in international agreements of provisions contrary to the Convention is unacceptable.

The smooth functioning of the bodies established under the Convention is also absolutely vital, in our view. In this connection, the European Union welcomes the fact that the Tribunal for the Law of the Sea will now be operational. The European Union also welcomes the adoption by the International Seabed Authority, after four years of work, of a draft Mining Code for the Exploration of the Seabed.

The European Union emphasises that is crucially important for the Parties to the Convention to pay their contributions to the Authority and to the Tribunal in good time. Likewise, States which are former provisional members of the Authority should, where appropriate, settle their debts. This process of financial rationalisation should be accompanied by a sustained effort by the Authority and by the Tribunal to control their respective operating costs. In this connection, the European Union welcomes the standard set by the stabilisation of the Authority's budget at the end of its establishment phase.

In the case of the Tribunal, it is also imperative that its judgments be promptly applied by the parties involved.

The European Union also notes the importance of the new Trust Funds due to be established under the resolution on oceans and the law of the sea, in particular those funds to assist States in the settlement of disputes through the Tribunal, and to facilitate wide participation in the Informal Consultative Process. The United Kingdom has already decided to contribute 10 000 dollars to the Tribunal Trust Fund.

The European Union welcomes the resolution on oceans and the law of the sea, which is due for adoption this year. This resolution takes account of the proposals drafted at the first session of the Informal Consultative Process, which were intended particularly to strengthen international cooperation and coordination in ocean affairs with the aim of ensuring sustainable ocean use.

The European Union also welcomes the fact that the next meeting of the Informal Consultative Process on Oceans will be devoted to the question of marine science and the development of transfers of technology, with particular reference to the question of capacity building.

The European Union underlines the important role of marine science and technology in promoting the sustainable management and use of the oceans and acknowledges, therefore, the need to tackle these issues, particularly in the specific areas where improved international cooperation and coordination can be envisaged, in accordance with Chapters XIII and XIV of the Convention and with Agenda 21.

Maritime safety issues remain a major European Union concern. We note with unease the increase in the number of often violent attacks on ships. In this connection, we underline the major importance of the work which has been carried out by the International Maritime Organisation over a number of years to combat piracy and which has made us more aware of the problem and of ways and means of confronting it. The European Union accordingly renews its appeal to the coastal states, calling on them to cooperate in taking the appropriate steps to bring to book the perpetrators of these attacks. We also call on flag states and other affected States to ensure that shipping companies take full account of the need to protect their vessels and crews against such attacks. Finally, the European Union reaffirms its support for the efforts and initiatives of the International Maritime Organisation in this area and calls on governments, particularly in the zones most affected, to work with the IMO towards eradicating these criminal practices. The European Union looks forward to consideration in the the next session of the Informal Consultative Process of the issue of piracy and armed robbery at sea. The EU hopes for the widest possible contribution to debate in that forum, to help ensure that there is full understanding of the extent of the problem, and of the need for a concerted effort by all States to help reduce attacks.

In addition, the sea route is often favoured by traffickers, particularly in the case of the traffic of migrants. With a view to preventing such traffic, the Member States of the European Union have been actively involved in preparing the Protocol on the traffic of migrants by land, sea and air as part of the preparations for a convention to combat international organised crime drawn up under the auspices of the United Nations Committee on Crime Prevention and Criminal Justice. The European Union believes that such activities should be internationally criminalised and that cooperation between States in this area should be stepped up.

The European Union again stresses the importance of protecting natural marine resources. When Resolution 54/32 on the agreement implementing the provisions of the Convention on the Law of the Sea on straddling and highly migratory fish stocks was adopted last year, the General Assembly pointed to the fragility of natural marine resource stocks. This issue remains a burning one this year. We therefore call on the Member States to ratify and to sign this agreement. The European Community and its Member States for their part signed it in 1996. The instruments of ratification will be deposited on completion of the internal constitutional procedures in all the Member States.

The European Union and its Member States wish also to recall the equitable balance of interests reached when this Agreement was drafted. In this respect, The European Union urges all Signatory States to fully respect each and every provision of the Agreement without making any interpretation that goes beyond the general principles of UNCLOS. We think it useful in this context to recall once again the need to step up international cooperation in the conservation and sustainable management of fish resources. The European Union strongly supports, therefore, the establishment and reinforcement of regional fisheries organisations. In our view, however, it should be stated that the development of these organisations should be pursued with due regard for the principles of the Law of the Sea and for balancing the rights and obligations of States on the high seas and with a view to ensuring that these organisations are open to all States with genuine fishery interests in the fisheries which they are called upon to administer.

The European Union is of the opinion that the code of conduct for responsible fisheries drafted under the aegis of the United Nations Food and Agricultural Organisation is an especially useful tool and continues to recommend its use by all national and regional bodies responsible for administering stocks. In our opinion, the adoption of this code will lead to fair and sustainable management of resources. We thank the FAO for its efforts to promote this code of conduct. We, for our part, shall ensure that this code governs the relations of the Community and of the developing states in the area of fisheries.

A top priority within the framework of the Code is the ongoing work on an International Plan of Action to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing. The European Union hopes that the 2001 meeting of the FAO Committee on Fisheries will be able to adopt a robust Plan which includes a comprehensive set of tools to tackle IUU fishing, including all those already in place or being developed in regional fisheries management organisations, such as measures on port State controls, trade-related measures and - without prejudice to the primary role of the flag State - measures against nationals engaged in IUU fishing.

The European Union considers the subject of marine pollution from land-based sources to be a matter of the first importance. It therefore welcomes the quality and depth of the discussions held at the first meeting of the Informal Consultative Process on Oceans. We fully share the view that it is absolutely necessary, in pursuing the aim of sustainable development, to make use of a more integrated approach in order to fight the pollution and degradation of the marine environment, and to combat the harmful effects on health, on the economy and on social life. To this end, we also consider it necessary to press for the implementation in practice of the global action programme to combat pollution from land-based sources, and to ensure that its objectives are adequately and effectively translated into local, national and regional action plans and fully taken account of in the planning of the international financial institutions and of bilateral and multilateral donors. We also consider that the fight against marine pollution from land-based sources can only be truly effective if it is waged on the scale of the entire hydrographic basin and with priority being given to measures for prevention at source. For this reason we favour the development of an integrated approach for the management of the coastal zone and the whole of the hydrographic basin, taking account of the ecosystems concerned. In this connection we feel it is essential to encourage the building of capacities at all levels, and in particular at local level, especially in developing countries.

We are concerned by the risks connected with sea transport activities which do not comply with the safety rules laid down by international regulations. Concerning pollution by shipping, a number of matters are still unresolved, despite their social, economic and environmental importance. These relate in particular to the implementation of the relevant international legal instruments, to transport of goods, to safety rules, to rules for the organisation of shipping traffic and to changes of flag.

The European Union emphasises the importance of the protection of underwater cultural heritage. We hope that all interested parties will continue to play an full role in preparation of a draft UNESCO Convention.

The European Union welcomes the efforts made by the Secretariat to improve the report and the timing of its issue, and urges the Secretariat to find ways of making further improvements, as indicated in paragraph 42 of draft resolution on oceans and the law of the sea, including suggestions for improving coordination on ocean issues. This year's report, and these further efforts, will confirm our confidence in the Secretariat's ability to deal with such matters competently and efficiently.

Finally, Mr Chairman, we would once again encourage the continuation of the discussions begun within the Consultative Process on Oceans and the Law of the Sea, a process which has made a major and effective contribution to the preparation and range of our discussion today.

Thank you, Mr Chairman.

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• EU Presidency Statement - Law of the Sea (9/4/2002)
• EU Presidency Statement - Oceans and Coastal Areas (9/5/2001)