EU Presidency Statement - Oceans and the law of the sea

Mr. President,

It is my honor to speak on behalf of the European Union on the agenda item "Oceans and Law of the Sea". The countries of Central and Eastern Europe associated with the European Union, Bulgaria, Estonia, Hungary, Latvia, Lithuania, the Czech Republic, Poland, Romania, Slovakia and Slovenia as well as the associated countries of Cyprus and Malta align themselves with this statement.

The entry into force of the United Nations Convention on the Law of the Sea seven years ago was a major event for the establishment of a comprehensive international legal framework for ocean governance. The Convention, together with the treaties and agreements it has given rise to, has created an impressive number of rules governing oceans in numerous aspects. Given its significant role for the management of the world's oceans, universal acceptance of the Convention as well as the Agreement relating to the Implementation of Part XI of the Convention is highly important. It is also essential that all treaties and normative instruments relating to oceans are in strict conformity with the Convention. In this regard, the EU remains preoccupied by the existence of declarations made by States that appear to exclude or modify the legal effect of certain provisions of the Convention, which is contrary to the Convention. As the Convention clearly states in article 309 that reservations may not be made, such declarations cannot have any legal effect. Similarly unacceptable is national legislation of State Parties, which is not in compliance with the Convention.

The EU notes with satisfaction that the institutions established under the Convention function well. The International Tribunal for the Law of the Sea, which has a crucial role to play in maintaining the integrity of the Convention as a whole, has more and more cases before it submitted by States. The International Seabed Authority, after having successfully adopted the regulations on prospecting and exploration for polymetallic nodules in the Area last year, continues to consider other seabed minerals. Six pioneer investors contracts on exploration of polymetallic nodules have been signed and we look forward to the signing of the remaining one. The Commission on the Limits of the Continental Shelf is ready to receive the first submissions from States on the outer limits of their continental shelf, and has produced a set of useful guidelines to assist these States. The EU welcomes the decision of the eleventh Meeting of the States Parties to the Convention relating to the ten-year time period referred to in article 4 of Annex II to the Convention. In view of the importance of the smooth functioning of these bodies, the EU wishes to reiterate the imperative need for States parties of paying their contributions on time.

The EU attaches importance to the Trust Funds referred to in paragraph 52 of this year's draft resolution on oceans and the law of the sea, namely those established for the purpose of assisting States in the settlement of disputes through the Tribunal of the Law of the Sea and to facilitate the participation by the largest possible number of delegations in the sessions of the Informal Consultative Process on Oceans. EU Member States, such as the United Kingdom and Portugal, have already contributed to these Trust Funds.

The set of legal instruments regarding oceans and law of the sea continues to grow. In this regard, the EU takes note of the adoption by the United Nations Educational Scientific and Cultural Organization of the draft Convention on the Protection of the Underwater Cultural Heritage. The emergence of new legal instruments per se does, however, not suffice to prevent existing problems from growing, and new ones from arising, such as pollution, over-fishing, increase of crimes, maritime safety problems and many other preoccupying developments, which require a strengthened approach by the international community. To a large part, this is due to the insufficient level of implementation of the existing international norms in the national legislation of States, as well as poor enforcement. In addition, these problems could be addressed by developing new binding rules to address these problems, in conformity with the United Nations Convention of the Law of the Sea.

One of the most preoccupying problems related to oceans and seas is the deteriorating state of marine living resources, mainly due to overfishing. An important step forward will be made by the imminent entry into force - pursuant to the deposit by Malta of its instrument of ratification - of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. It is expected that the internal procedures of all the Member States of the European Union will be finished shortly. This will allow the European Community and its Member States to deposit simultaneously their instruments of ratification. Pending further implementation of the general principles of the Agreement in internal legislation of EU Member States after the finalization of their national ratification procedures, these principles of the Agreement are already applied in the Common Fisheries Policy as well as in the regional and international commitments of the European Community.

Additional steps to stop the overexploitation of the precarious fish stock are, however, necessary. Priority should be given to combating illegal, unreported and unregulated fishing activities on the High Seas. The EU therefore welcomes action undertaken by the Food and Agriculture Organization against illegal, unreported and unregulated fishing. In 1999, the FAO adopted the Code of Conduct for Responsible Fisheries (1999), on which the European Community bases its conduct in its relations with developing States with respect to fishing activities. In addition, the FAO together with the International Maritime Organization, formulated a range of recommendations aimed at enhancing flag State and port State control over fishing vessels. Finally, last February, the FAO adopted its international plan of action to prevent, deter and eliminate IUU fishing (IPOA). The EU urges all Members to take the necessary steps to effectively implement these instruments and recommendations.

Regional fisheries management organizations have a crucial role to play in reducing IUU fishing. It is essential that they are appropriately mandated and equipped to provide the necessary decision-making, monitoring, control and surveillance with regard to fisheries, within the legal framework of the Convention and guided by the long-term sustainability of marine living resources. The EU welcomes therefore the strengthening of regional fisheries bodies and encourages them to further develop measures to combat IUU fishing. It is essential, however, that these actions and developments take place with due regard for the principles of the law of the sea and in the context of respect for a balance between the rights and obligations of States on the high seas. Furthermore, these organizations must be open to all States and entities - including the European Community - which fish or have fished in the areas that they administer, or have a real interest in the fisheries concerned. Finally, the EU wishes to stress that, in general, success of reducing IUU fishing depends above all on the willingness and ability of States, coastal, flag as well as port States, to accept and implement the relevant international instruments.

The reduction and control of pollution also requires further action by the international community. As far as pollution from land-based activities are concerned, meaningful results can only be expected when measures are taken at the level of the entire catchment basin, with priority accorded to prevention at the source. The EU therefore favors the development of an integrated approach to coastal zone management and to the catchment basin as a whole that take into account the ecosystems concerned. At the international level, UNEP continues to be the main focal point and major player in this field. Its initiatives are highly valuable, especially its Global Programme of Action for the Protection of the Marine Environment from Land-Bases Activities (GPA) and its Regional Seas Programme. The EU is looking forward to the outcome of the first intergovernmental review of the implementation of the GPA, which is being held in Montreal this week, and underlines the need to make the GPA clearing-house mechanism fully operational.

As the General Assembly noted with deep concern last year, the marine environment continues to degrade as a result of pollution by dumping of hazardous waste. The entry into force of the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter should not be delayed. The EU urges all States to ratify the 1996 Protocol, so that it can replace the 1973 Convention as the sole international global regime regulating the dumping of waste at sea.

Efficient governance of oceans, based on the principle of sustainable development and protection of marine environment, requires sufficient understanding of all aspects of oceans and seas. Marine science is therefore an essential element for a sound decision-making process, in particular regarding the management of marine ecosystems, the integrated management of oceans and coastal areas and maritime operations. The approach to understanding needs to be integrated, interdisciplinary and intersectoral. The ecosystem approach needs to be part of the global context of the marine scientific research.

Concrete results in marine scientific research will depend highly on capacity building at both the national and regional levels, and the transfer of technology. Current efforts to strengthen capacity building should be continued and kept under review; in order to ensure that emerging problems and priorities are addressed. New scientific methods and findings emerge gradually and it is important that those involved in scientific programmes maintain an ongoing dialogue among themselves as well as in relation to governments and international organizations. The "Research for Development" Programme of the EU is a good example of scientific and technological capacity building through targeted research. In addition, there is a need to coordinate at the international level as well as within national administrations.

Progress in marine scientific research and monitoring will depend on strengthened global action to ensure that marine science is conducted towards the needs of policy makers. The Intergovernmental Oceanographic Commission of UNESCO is the main focal point in these fields and has a role to play in this regard. Initiatives such as the UN Atlas of the Oceans, developed by the Subcommittee on Oceans and Coastal Areas of the Administrative Committee on Coordination and aimed at bringing together marine scientific knowledge, are to be encouraged. The EU also strongly encourages an increased co-operation between United Nations Environmental Programme and other UN agencies and programmes, in particular the IOC as far as marine science is concerned, as well as between UNEP and relevant regional organizations, NGOs and other actors in ocean affairs. Finally, the EU is looking forward to the outcome of the efforts of the UNEP to examine the feasibility of establishing a regular process for the assessment of the state of the marine environment with active involvement by Governments and regional agreements and building on ongoing assessment programmes.

The considerable increase of piracy, armed robbery and other crimes, such as the smuggling of migrants, will require new efforts from States and international organizations to eradicate these crimes that are often the result of transnational crime. The EU calls upon States to become parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its Protocol, as well as the Convention against Organized Transnational Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, and urges their effective implementation.

Considering that most acts of piracy and armed robbery and other crimes take place in territorial waters and ports, the coastal States have, in view of their exclusive jurisdiction over these waters, a special responsibility to prevent these criminal acts and prosecute their perpetrators. Developing countries might need adequate support in this regard, in particular in the areas of transfer of technology and capacity building. In general, there is an urgent need for States and relevant international bodies to reinforce their cooperation, regionally as well as globally, in the fight against piracy and armed robbery. This cooperation should include essential issues, such as development of measures for prevention, for reporting incidents, and for enforcement.

The ability of States to make effective responses to the many challenges in ocean affairs is substantially enhanced when regional cooperation arrangements are in place. The EU welcomes in this regard regional initiatives, such as those taken by Japan, India and Malaysia within the framework of the Japan-ASEAN Summit. At the global level, the International Maritime Organization needs to continue to play the leading role and should remain the forum for developing effective responses to incidents of piracy and armed robbery. The EU welcomes the actions undertaken so far by the IMO, such as the development of a Code of Practice for Investigations, and encourages the IMO to continue its work The EU urges States to support the efforts of the IMO as well as initiatives taken in line therewith in other relevant international fora.

Another issue, which raises concern to the EU and needs urgently to be dealt with by the international community, is the growing number of persons found in distress at sea. Apart from the human tragedy involved, which can affect any region in the world, this phenomenon raises a wide range of political and legal questions, pertaining i.a. to the Convention on the Law of the Sea and the 1974 Convention on Safety of Life at Sea. This difficult issue, which involves various levels of competences, should be addressed in a comprehensive and serene manner with the aim of finding adequate international long-term solutions. The EU therefore calls for international cooperation, which should be focused i.a. on preventing persons from undertaking hazardous journeys by sea, and on developing and harmonizing procedures to deliver persons in distress at sea quickly to a place of safety. In this regard, a possible debate on the latter issue at a future session of the Informal Consultative Process on Oceans might be helpful.

The complexity of the oceans and seas, due to the close interrelationship of its components, is enormous. International coordination and cooperation is becoming ever more imperative to ensure implementation of all existing norms in a coherent manner and assess the needs for future action at national, regional, interregional and global level. The General Assembly, conscious of the close interrelationship among aspects of oceans, recognized this by creating an informal process to discuss ocean matters in an integrated way, based on the Convention and Agenda 21, and to suggest particular issues to be considered by the Assembly. The Informal Consultive Process on oceans, which held its second session from 7 to 11 May, has again very satisfactorily fulfilled its mandate by providing a substantial input for a better understanding of oceans and highlighting issues for common action. The EU supports the suggestions and recommendations contained in the final report of the second session of the Informal Consultative Process on Oceans which have contributed to assist us in preparing our debate of today and to improve the contents of this year's resolution on oceans and the law of the sea. The EU looks forward to participating in the third session of the Informal Consultative Process which will take place in New York from 8 to 15 April 2002.

Strengthening co-ordination at all levels, internationally as well as internally, related to the oceans and seas has been the overarching purpose of the Informal Consultative Process. In this context, the improvement of inter-agency coordination and cross-sectoral co-operation on ocean affairs within the UN system is one of the main purposes of this process. In this regard, the Subcommittee on Oceans and Coastal Areas of the Administrative Committee on Coordination, which is in process of restructuring, has a major role to play. As stated at previous occasions, the EU considers that the Subcommittee should review the full range of UN organizations, agencies, programmes and funds engaged in ocean affairs, their mandates and the relationship between them, including the description of their current activities. Such a review would enable the Subcommittee to identify areas where adjustments should be considered in order to avoid gaps, overlaps and inconsistencies, and would facilitate an overview of the status of international co-operation in ocean affairs.

Finally, I would like to thank the Secretariat, in particular its Division on Oceans and Law of the Sea, for its comprehensive and valuable report on oceans and the law of the sea. The report traditionally serves as the basis for the debate in the General Assembly and since last year also for the discussion within the framework of the Informal Consultative Process on oceans. In this context, the EU underlines the importance of the inputs to the report on oceans and the law of the sea provided by intergovernmental organizations, specialized agencies and funds and programmes of the United Nations engaged in ocean affairs. Moreover, in view of the lack of transparency concerning the activities of bodies dealing with oceans within the UN system and the need for coordination, to which I referred earlier, the EU welcomes the additional chapter on international cooperation and coordination in the report and encourages it to provide further analytical information and recommendations on these issues.

Before concluding, I would like to highlight the World Summit on Sustainable Development, which will take place in Johannesburg, South Africa in September 2002. The Summit represents a major opportunity for Member States to adopt concrete steps and identify quantifiable targets for better implementing Agenda 21, and in particular its Chapter 17 on the oceans. The EU is looking forward to this important event and to a constructive and productive dialogue with all participants involved.

I thank you, Mr. President.

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