EU Presidency Statement - Oceans and the Law of the Sea

Mr. President,

I have the honour to speak on behalf of the European Union. The acceding countries Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, and the associated countries Bulgaria and Romania, align themselves with this statement.

Mr. President,

The draft resolution on "Oceans and the Law of the Sea" that was negotiated during this session of the General Assembly addresses a wide range of issues. Oceans and the Law of the Sea is an item on which several developments have taken place in recent times. In order to consider such developments, increased attention should be paid not only to the traditional aspects of the law of the sea but also to new situations, with the aim of identifying the most effective measures concerning management of the sea and coastal issues.

Mr. President,

In light of recent negotiations and the debate that took place during the Informal Consultative Process last June, the EU would like to dwell in particular on two topics that are of crucial importance and to which two chapters of the draft resolution are devoted: firstly, safety of navigation and flag State implementation; and second, the marine environment, considered not only in the context of the sea but also with regard to its impact on coasts.

As regards safety of navigation, among the different initiatives recently taken, the EU would like to draw attention first of all to the one regarding the necessity of progressively phasing out the use of single hull oil carriers. Following the Prestige accident in November 2002, the European Commission launched a number of initiatives in accordance with its communication on improving safety at sea. The Commission has invited Member States to endeavour to ensure that the International Maritime Organization (IMO) adopts similar measures and that an appropriate inspection scheme is introduced for double hull oil tankers over fifteen years old.

In this respect, a new EC Regulation which came into force in October 2003 has banned the transport of heavy fuel oil in single hull carriers to and from EU Member States ports, while speeding up the timetable for the withdrawal of single hull oil tankers. It is also worth mentioning that on 14 November 2003 the European Commission published the first list of ships definitively banned from EU ports, together with an additional list of vessels which will be banned in the near future if they are detained one more time on safety grounds.

Furthermore, turning now to the draft resolution which we expect to adopt today, the EU welcomes the decision to invite the relevant competent international organizations to study, examine and clarify the role of the genuine link in relation to the duty of flag States to exercise jurisdiction and effective control over ships flying their flag, including fishing vessels, as well as the request to the Secretary-General to prepare and disseminate to States a comprehensive elaboration on the duties and obligations of flag States, including the potential consequences for non-compliance with these obligations prescribed in the relevant international instruments.

In this context, the EU endorses the ongoing work of the IMO in elaborating a Code for the implementation of IMO instruments and the introduction of an IMO Model Audit Scheme, that should be at first introduced on a voluntary basis and, once it has been tried and tested, should be made mandatory.

We also acknowledge the importance of finalizing the Convention on Wreck Removal as a priority issue in the IMO.

The EU is also concerned with an old phenomenon that has recently acquired a more troubling dimension: the perpetration of unlawful acts, including terrorist acts, which seriously threaten the safety of navigation. In this connection, the EU strongly supports the effort underway in the IMO to strengthening the Suppression of Unlawful Acts (SUA) at Sea Convention as well as its Protocol as articulated by the IMO during its last October session. This initiative seeks to prevent and suppress unlawful acts at sea, armed attacks and terrorism activities.

Mr. President,

With regard to the marine environment, the EU would like to focus on regional and sub-regional cooperation by making specific reference to three particular sea areas in Europe: the Mediterranean Sea, the Northeast Atlantic (including the North Sea), and the Baltic Sea region. Since the beginning of 1970s, the Barcelona Process, OSPAR, HELCOM, and the North Sea Conferences, have provided useful frameworks for cooperation. In addition to environmental agreements, the special configuration of the Mediterranean Sea and the Baltic Sea, in particular, have also given rise to other agreements concluded with the objective of consolidating friendly relations among respective coastal States, and by that influence the political developments of those regions. Furthermore, the creation of maritime protected areas such as the Baltic Sea Protected Areas (BSPAs) introduced in 1994, and the Sanctuary for Marine Mammals, established in the Mediterranean in 1999, constitute good examples of regional cooperation. Other useful similar legal instruments could be adopted in other areas of the world, taking into account local and specific needs, as well as the relevant provisions of the 1982 United Nations Convention on the Law of the Sea.

On the subject of Marine Protected Areas, we would like to make an observation concerning the so-called "Particularly Sensitive Sea Areas", an issue on which the EU wishes to maintain an ongoing dialogue with the IMO and its different bodies. Particularly Sensitive Sea Areas is the international designation for the highest level of environmental protection available through the IMO. A number of EU Member States have successfully submitted proposals for such areas in recent years, while others are in the process of elaborating such proposals. In this connection, the EU welcomes the designation in principle by the IMO of the Western European Atlantic Coast and the English Channel as a Particularly Sensitive Sea Area.

These initiatives can provide, if developed in accordance with the procedures and guidelines which govern the IMO process for designation of Particularly Sensitive Sea Areas and in cooperation between the coastal States affected, an extremely valuable system of defence for States' vulnerable seas and coasts against the threats that may be posed by international shipping. Of significance, Particularly Sensitive Sea Areas, in their associated protective measure as approved by the IMO, perform this protective function within the framework of the United Nations Convention on the Law of the Sea and provide a safeguard for the fundamental navigational rights and freedoms which are contained in that Convention.

Thank you, Mr. Chairman.

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