Summary: EU Presidency Statement - Oceans and Law of the Sea (28 November 2005: New York)
Statement on OCEANS AND LAW OF THE SEA by Ben Bradshaw MP, Parliamentary Under-Secretary, Department for Environment Food and Rural Affairs, United Kingdom, on behalf of the European Union, 60th Session of the General Assembly, New York
Mr President,
I have the honour to speak on behalf of the European Union and the European Community as a party to the Convention on the Law of the Sea. The following countries align themselves with this statement: the acceding countries Bulgaria and Romania; the candidate country Croatia*; the countries of the Stabilisation and Association Process and potential candidates, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Serbia and Montenegro; and other aligning countries Moldova and
Ukraine.
Mr President,
The European Union attaches great importance to the international community developing a coherent, integrated and equitable approach to the sustainable management and conservation of the oceans and their resources, both in areas under the responsibility of coastal States as well as beyond the limits of national jurisdiction. The European Union's determination to play its part is demonstrated by the recent publication of 'The Marine Strategy for the Protection and Conservation of the Marine
Environment of the European Union', together with a proposal for its legislative underpinning. This must be seen in the wider context of an all-embracing Maritime Policy for the European Union, on which the European Commission will publish a consultation document in the first half of 2006. The European Union looks forward to discussing that document with both Members of the United Nations and relevant organisations of the United Nations.
Mr President,
The European Union attaches the highest priority to improving oceans and fisheries governance, including in areas beyond national jurisdiction. We see this as a key theme in the very substantive work of the General Assembly towards a comprehensive set of recommendations and commitments in this year's Oceans and Fisheries Resolutions. They provide an excellent account of the many issues that need urgent attention from the international community. Among these, two governance issues straddle the
two Resolutions, to which the European Union attaches particular importance: combating IUU fishing, and addressing the conservation of vulnerable marine ecosystems.
Mr President,
IUU fishing is a fundamental threat to sustainable fisheries and ocean ecosystems. It also represents a major loss of revenue to States, notably developing countries.
Significant progress in addressing the problem is being made in certain areas, particularly the southern oceans. This demonstrates that combating IUU effectively is indeed possible if parties act decisively on their commitments. However, much remains to be done, and we welcome the important work being developed by the FAO and by the High Seas Task Force, as well as looking forward to continuing our efforts in co-operation with our counterparts to reinforce control schemes within Regional
Fisheries Management Organisations.
In this regard, the European Union places particular emphasis on the need of major markets for fish and fish products to take measures to eliminate the commerce on which IUU fleets rely. It is also necessary to continue and enhance assistance to developing States to develop control and management capacities that will allow them to contribute to this global effort. There must also be a firm commitment of all parties to reinforce controls at port, and effectively regulate transhipment at
seas.
Most importantly, we need to address the crucial issue of the genuine link between States and their flagged vessels, something which goes much wider than IUU fishing alone. The key here is that flag States must exercise effective control over ships flying their flag, taking all necessary measures to establish effective maritime administrations to ensure compliance. In this regard, the European Union looks forward to the introduction later this year at the International Maritime Organisation of
the Member State Audit Scheme.
Mr President,
With regard to the protection of vulnerable marine ecosystems, the European Union would draw your attention to two key processes set out in the Resolutions.
The first concerns addressing the impacts of fishing. We believe that every effort must be made to ensure a successful outcome of the two-year process foreseen by paragraph 71 of General Assembly resolution 59/25, as confirmed this year. States must be ready to take full account of the outcome of this exercise with a view to frank discussion at the 61st Session of the General Assembly.
The second key process is next February's meeting of the United Nation's working group on biodiversity in areas beyond national jurisdiction, which we see as an opportunity to engage with all key stakeholders about the way forward. We recognise that as well as tackling immediate sectoral threats, additional, integrated measures may need to be taken by the international community, including the establishment of marine protected areas. In this context, the European Union has already expressed its
support, in principle, for the elaboration of an Implementation Agreement consistent with the United Nations Convention on the Law of the Sea. We also recognise the need to address the issue of genetic resources.
To ensure progress, the review of the state of play that will be undertaken by the meeting in February must be rigorous. Again States must be ready to take full account of the outcome of the meeting with a view to frank discussion at the 61st Session of the General Assembly. It is imperative that the General Assembly can effectively address, at that time, the protection of biodiversity in areas beyond national jurisdiction, as well as any shortcomings of the international fisheries management
regime that might be identified in this context. The European Union hereby declares its commitment to contribute actively to the attainment of these objectives.
Mr President,
The European Union would like to stress the importance of the principle of freedom of navigation including the right of innocent passage and transit passage through straits used for international navigation. In addition, port States should exercise their right with regard to access to their ports in a manner that is non-discriminatory and consistent with the United Nations Convention on the Law of the Sea and international law.
On the issue of the security and safety as sea, the European Union would like to highlight the adoption, on 14 October 2005, of the two Protocols amending the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the Continental Shelf. The European Union considers that the 2005 Protocols add important provisions to the existing instruments, enhancing the
efforts against terrorism, and recommends their early ratification and urges States to take appropriate measures to ensure their effective implementation.
Mr President,
The European Union fully supports the renewal of the mandate of the United Nation's Informal Consultative Process on Oceans (ICP). The ICP has contributed positively and facilitated the annual review of the Secretary-General's report on Oceans and Law of the Sea. At the same time, we recognise that some improvement in the workings and contents of the Process need to be made. We look forward to the early appointment of the two co-chairs for the next meeting of the ICP to enable them to begin
effective preparations in conjunction with States and relevant bodies.
We would note, however, that the European Union attaches great importance to resolving the discrepancy that currently exists between the observer status of the European Community and its competences - whether exclusive or mixed - with respect to many issues that have been discussed in previous ICP meetings. The European Community is a Contracting Party to the UN Law of the Sea Convention and the UN Fish Stocks Agreement in its own right, and has thus accepted legal obligations with respect to
oceans and law of the sea that are particularly relevant to the ICP. Although no solution could be found this year we welcome the commitment of the delegation with difficulties to continue negotiations bilaterally with a view to resolving this in the near future.
The European Union would like to welcome the decision to launch the first phase of the Regular Global Marine Assessment. We see the GMA as an important vehicle for improved co-operation between the agencies of the United Nations and other bodies as well as a firm basis for improved oceans policy making.
In conclusion, we would like to express our appreciation for the annual report on Oceans and Law of the Sea provided by the Secretariat. This is an invaluable compilation of recent developments. Let me reiterate on behalf of the European Union that we consider the General Assembly to be the place to discuss this report.
Thank you, Mr President.
*Croatia continues to be a part of the Stabilisation and Association Process
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