Sommaire: April 9, 2002: Statement made by H.E. Mr. D. Jose Antonio de Yturriaga Barberan, Ambassador, at the Special Session of the Law of the Sea on behalf of the European Union on the "Protection and Preservation of the Marine Environment" (New York)
I have the honour to speak on behalf of the European Union. The countries associated with the European Union Bulgaria, Estonia, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia, the associated countries Cyprus and Malta, align themselves with this statement.
When the First Conference on the Human Environment took place in Stockholm in 1972, the protection and preservation of the environment was considered a luxury for developed countries, and the international community at that time used to give priority to economic development, especially industrial development. This assessment gradually changed and the 1992 Rio Conference on Environment and Development consecrated the principle that economic growth, social cohesion and environmental protection
are inseparable and must go hand in hand. It brought forward the concept of sustainable development and its application to ocean issues.
Thus, Chapter 17 of Agenda 21 refers to "Protection of the oceans, all kind of seas...and coastal areas, and the protection, rational use and development of their living resources", and its section B deals with "Marine Environment Protection".
One of the main objectives of the future Marine Strategy of the European Union is to ensure the sustainable exploitation of renewable marine resources and develop an integrated approach to cope with threats to the marine environment and its biodiversity.
Therefore, we welcome the decision made by the General Assembly in its resolution 56/12 that the Informal Consultative Process centres its deliberations on the subject of "Protection and Preservation of the Marine Environment". We observe, however, that the item is too broad and we should try to concentrate our debate on some specific aspects of the issue and avoid the risk of a discussion of too general a nature. In this respect, the valuable document presented by the Co-chairmen will be of
great value to focus the area of the discussion.
The 1982 UN Convention on the Law of the Sea makes clear that the problems of ocean space are closely interrelated and need to be considered as a whole. It establishes the general principle that States have the obligation to protect and preserve the marine environment and to take the necessary measures to prevent, reduce and control its pollution from any source. But it deals in a separate way with the various sources of pollution: from land-based sources, by dumping, from vessels, from seabed
activities, and from or through the atmosphere. It was not until General Assembly resolution 56/17 that it was clearly recognized that "the problems of ocean space are closely interrelated and need to be considered as a whole, through an integrated, interdisciplinary and intersectoral approach".
Let us go briefly over the present international regulation of the various sources of pollution and the latest developments..
Pollution from land-based sources is undoubtedly the most important source of marine pollution, since 80% of it derives from land-based activities. Accordingly, it is essential for all States to implement and develop the 1995 Global Program of Action for the Protection of the Marine Environment from Land-based Activities.
The EU welcomes the celebration of the First Intergovernmental Review Meeting of the GPA, held in Montreal in November 2001, and supports its Declaration. We are concerned that the marine environment is being increasingly degraded by pollution from sewage, persistent organic pollutants, radioactive substances, heavy metals, oils, litter, the destruction of habitats and the alteration of timing, volume and quality of freshwater inflows.
We agree that, to meet the objectives of the GPA, greater urgency is required in taking action both at the national and regional levels. At the national level, not only the Governments but also all stakeholders should be involved.
At the regional level, the EU supports the ratification of existing agreements on the subject and the adoption or development of new ones. Thus, we welcome the adoption of the 1999 Aruba Protocol concerning pollution from land-based sources in the Wider Caribbean Region. We also consider appropriate to promote collaboration between existing regional seas organizations, including the concept of twinning between such organizations..
In this respect, the EU supports the recommendation of the Fourth Global Meeting of the Regional Seas Program of UNEP - which also took place last November in Montreal - that the Program sets out the necessary steps to be taken towards the adoption of ecosystem-based management of the marine and coastal environment, and strengthen its cooperation in the implementation of the GPA. We welcome the adoption of the 2002 Antigua Convention for Cooperation in the Protection and Sustainable Development
of the Marine and Coastal Environment of the Northeast Pacific Region, which is the first regional treaty which has integrated the implementation of the GPA within its framework. We also encourage the dialogue with other organizations with complementary mandates.
The EU expresses its appreciation for the entry into force last year of the 1997 Joint Convention on the Safety of Spent fuel Management and on the Safety of Radioactive Waste Management, and for the adoption of the 2001 Stockholm Convention on Persistent Organic Pollutants, and encourages all States to become parties to them.
In the case of pollution by dumping, the international regulation at the global level has been for a long time set up by the 1972 London Dumping Convention, which was up-dated and considerably strengthened by the 1996 Protocol. Unfortunately, the Protocol has been so far accepted only by a few States Parties. The EU calls upon all States to accept the Protocol, so that it may come into force as soon as possible.
As the Secretary-General points out in its Report, only a small percentage of Parties have been meeting their notification and reporting obligations. Therefore, the EU appreciates the adoption last year of the "Long-term Strategy for Technical Co-operation and Assistance", that aims at assisting those States which lack the technical capacity to fully comply with the London Convention.
At the regional level, there is an important network of agreements to combat pollution by dumping in the various regional seas. The EU notes with appreciation the 1995 Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea. The Protocol follows the new approaches put forward by Agenda 21, Chapter 17, calling for a radical limitation of the voluntary disposal of waste at sea - which is considered a practice not
compatible with the real assimilative capacity of the marine environment - and prohibits incineration at sea. It introduces the "reverse listing methodology", whereby dumping of waste is prohibited with the exception of the matter expressly authorized. We hope that the Protocol - which affects the waters of several EU member States - will soon enter into force.
Pollution from vessels causes considerable damage to the marine and coastal environment due to the discharge, intentional or accidental, of oil and other noxious substances, and creates much social alarm. The EU appreciates the splendid work that the International Maritime Organization is doing to combat ship-generated pollution. We welcome the adoption in 2001 of the amendments introduced to the various annexes of the 1973/78 Convention for the Prevention of Pollution from Ships, in particular
the modification of regulation 13-G of its Annex I, in order to expedite the phasing-out of single-hull ships. The EU adopted last February measures to expedite such phasing-out and the introduction of the provisions concerning double-hull ships, in conformity with the MARPOL amendments.
In this respect, the EU welcomes the progress made during the Helsinki Commission Extra-Ministerial Meeting, held in Copenhagen in September 2001. The Declaration adopted in the meeting laid down a package of measures to improve the safety of navigation in the Baltic Sea, such as expedited phasing-out of single-hull tankers by 2015, deep-water routes for deep-draught ships, and use of pilots in high risk areas.
The EU also welcomes the introduction of the principle of "precautionary approach" in the 1997 Protocol to amend MARPOL, and the adoption last year of the Convention on Civil Liability for Bunker Oil Pollution Damage, and the Convention on the Control of Harmful Antifouling Systems. We encourage the IMO to continue its endeavour to combat marine pollution, including the development of new international legislation on ballast water management, to minimize the adverse effects of the introduction
of harmful aquatic organisms through ships' ballast water.
In the regional field, we note the recent adoption, in the framework of UNEP Regional Seas Program, of a new Protocol to the Barcelona Convention concerning Cooperation in Preventing Pollution from Ships and in Combating Pollution of the Mediterranean Sea by Oil and Hazardous and Noxious Substances in case of Emergency. This new Protocol takes on board various provisions inspired in the EU legislation. The implementation of these cooperation agreements is encountering some difficulties due to
the lack of contingency plans and of appropriate equipment and facilities in various States. In this respect, both technical and financial cooperation from the relevant International Organizations is required.
The best way to prevent ship-generated pollution is to enhance maritime safety. Aware of this fact, especially after the serious damage caused by the "Erika" accident, the EU has adopted Directive 2001/106, of 19 December 2001, which strengthens the existing Port State Control Directive, more particularly as regards the control of safety standards on board oil-tankers. Moreover, the Directive 2000/59, of 27 November 2000, requires that adequate reception facilities are available in all
Community ports and that they are utilized by visiting ships, so that the need for discharges at sea would be considerably reduced.
The European Parliament is examining a Draft Directive establishing Community vessel traffic monitoring and information systems, and a draft Regulation establishing a European Maritime Safety Agency. Such an Agency is intended to be the technical body providing the EU with the necessary means to act effectively to enhance overall maritime safety and ship pollution prevention rules.
The international regulation of pollution from seabed activities is not sufficiently developed, both at the global and regional level. We are aware of the 1997 decision by the Commission on Sustainable Development that action should be focused at the regional and subregional levels. There is an interesting instrument, the 1994 Madrid Protocol for the Protection of the Mediterranean Sea against Pollution Resulting from Exploration and Exploitation of the Continental Shelf and the Seabed and its
Subsoil, but it has not yet entered into force. The EU encourages the States concerned to bring the said Protocol into force as soon as possible.
Concerning pollution from activities in the Area beyond national jurisdiction, the provisions of UNCLOS are not entirely satisfactory. It imposes on States the obligation to adopt laws and regulations to prevent, reduce and control pollution from activities in the Area undertaken by vessels and installations flying their flag or operating under their authority, but it does not provide any explicit role for the International Seabed Authority.
The Legal and Technical Commission of the ISBA has, however, issued some recommendations for the guidance of contractors for the assessment of possible environmental impacts arising from exploration for polymetallic nodules in the Area. The EU appreciates that the Authority is actively engaged in studying the need for the adoption of further environmental regulations. A Workshop held in Kingston last year highlighted the fact that the environmental effects of seabed exploration and exploitation
are hard to predict, given the lack of experience in the matter and the relative paucity of information about the deep ocean.
The treatment of air-borne pollution is the least regulated of the various sources of pollution. Apart from the very general provisions included in UNCLOS, there is only one treaty of regional nature, although some of the aspects of this type of pollution, like incineration, are regulated in various regional agreements about dumping or pollution from land-based sources.
The 1979 Geneva Convention on Long-Range Transport of Air Pollution and its various Protocols, adopted under the auspices of the UN Economic Commission for Europe, is, an instrument of general character and does not refer specifically to marine pollution.
Although atmospheric pollution is normally dealt with in treaties which cover both land and maritime spaces, it might be appropriate to adopt "ad hoc" agreements concerning marine pollution from or through the atmosphere.
The EU welcomes the outcome of the Fifth North-Sea Conference held in Bergen in March 2002, which aims at protecting the marine environment in the region. The Declaration adopted by the Ministers encompasses the commitment in various areas, ranging from shipping to fisheries and the ecosystem approach.
We would like to stress once more the importance of preserving the marine environment. ICP I and II have already dealt with this aspect in detail, and it is time that the problem of pollution be of major concern. Nevertheless, we stress that preservation needs to be continuously monitored. One important aspect could be the establishment of "marine protected areas" as a tool for integrated conservation and management. In this regard, the threat to seamount ecosystems and cold water communities
are matters of urgency and constitute relevant examples. In the same context, the EU points out that, in order to preserve the marine environment, action should also be taken in the field of sustainable fisheries, exploitation of mineral resources and new uses of the seas.
The EU is developing a Thematic Strategy for the Protection and Conservation of the Marine Environment, which aims to cope with threats to the marine environment and its biodiversity in an integrated and science-based approach. This Strategy will complement the Strategy on Integrated Coastal Zone Management, adopted by the European Commission in 2000, which is designed to improve the social, economic and environmental conditions in the coastal areas, through enhanced policy coordination, more
informed decision-making processes and greater involvement of the various stakeholder.
We agree with the Secretary-General that, although considerable advancement has been made in the development of international rules and standards for the protection and preservation of the marine environment there is still a great deal to be done. Acceptance and implementation of multilateral agreements and of soft-law instruments need to be broader. All interested States should become party to the existing global and regional treaties. Some of these treaties should be reviewed and
strengthened. New treaties should be adopted to extend international regulation of the various sources of pollution in all regional areas, and deal with specific aspects of marine pollution which have not been so far sufficiently covered.
But the establishment of a network of international regulations is not sufficient to protect and preserve the marine environment. Emphasis must be laid on the implementation of such regulations and on the obligation for all States to take the appropriate national measures. For this purpose, many States need technical and scientific cooperation, as well as financial assistance from other States and international organizations. Finally and most important, I wish to point out that the EU and its
member States are ready and keen to put their experiences about the protection and preservation of the marine environment at the disposal of all interested States and offer them their cooperation.
Thank you very much.
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