EU Presidency Statement – United Nations General Assembly: Oceans and Law of the Sea, including sustainable fisheries

Mr President,

I have the honour to speak on behalf of the European Union. The Candidate Countries Croatia* and the former Yugoslav Republic of Macedonia*, the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, Serbia as well as Ukraine, the Republic of Moldova, Armenia and Georgia align themselves with this statement.

Once again this year, the European Union has demonstrated its commitment to the United Nations Convention on the Law of the Sea and to the 1995 United Nations Fish Stocks Agreement by actively participating in the consultations that led to the draft resolutions before the General Assembly today.

The European Union believes that the Convention is an important instrument that promotes stability, peace, progress, and economic and social advancement, in accordance with the purposes and principles of the United Nations. It therefore holds special significance in a difficult international context. The European Union would like to reiterate the importance it attaches to preserving the Convention’s integrity and its pre-eminent role as the legal framework for all ocean issues and ocean related activities. The European Union calls upon all States to accede to the Convention and to the Agreement on the Implementation of Part XI of the Convention.

The European Union reiterates the importance it attaches to the freedom of navigation, the right of innocent passage and the right of transit passage in compliance with the relevant provisions of the Convention.

The European Union would further like to reiterate its deep concern about the continued acts of piracy, which are detrimental to the safety of persons and property, whether it be vessels attacked and sometimes hijacked, or prisoners held for ransom. In view of the resurgence of such acts, the international community has committed itself to combating this scourge within the United Nations framework. In this regard, we note the efforts of the Contact Group on Piracy off the Coast of Somalia.

Other major challenges remain, such as the declining quality of the marine environment and the destruction of natural marine resources. Marine biodiversity is being threatened and time is running out if we are to meet the deadlines set in the 2002 Johannesburg Plan of Implementation. The European Union remains firmly committed to address these challenges.

The European Union has repeatedly and in various fora expressed its concerns over the loss of marine biodiversity and supported the initiative taken by the General Assembly to create an Ad Hoc Open-ended Informal Working Group on the matter. The European Union welcomes that the Working Group will reconvene in early 2010 and that its mandate has been confirmed. We welcome that States are invited to further consider issues of marine protected areas and environmental assessment processes in the context of the Group’s mandate. The Working Group is in a position to make important recommendations to the Assembly, with a view to forging ahead on this sensitive issue of the conservation and sustainable use of biological diversity beyond areas of national jurisdiction.

Mr President,

The draft omnibus resolution notes the concerns raised in relation to the issue of climate change and its effects on the oceans, seas and natural resources. In this regard, the EU would have wished to highlight the state of the Arctic region as a priority area for research. We would also have wished to see a reference to the forthcoming United Nations Framework Convention on Climate Change Conference in Copenhagen, 7 to 18 December 2009. To respond to the debates within the international community, the draft resolution takes into account various issues relating to climate change, such as eutrophication, acidification, fertilization, the discharge of carbon dioxide into the atmosphere and greenhouse gases. The international community for the law of the sea must take an active role in the movement to prevent and combat climate change.

At a time when the international scientific community must inspire the work of States and international organizations, the European Union recognizes the relevance of the “regular process for global reporting and assessment of the state of the marine environment, including socioeconomic aspects”. We welcome the convening of another Ad Hoc Working Group meeting in 2010 which confirms that the real start-up of the first cycle of the Process has begun.

Mr President,

In 1999, the General Assembly created a useful and efficient tool to prepare for its debates on oceans and the law of the sea, namely the Open-ended Informal Consultative Process on Oceans and the Law of the Sea. This year, at its ten-year juncture, the focus of discussion was on the implementation of the outcome of the Consultative Process. A very useful review of its achievements and shortcomings in its first meetings was undertaken. The review made clear that the Consultative Process has served and will continue to serve its purpose. The European Union looks forward to the discussions at next year’s Consultative Process, the theme of which is ”Capacity-building in oceans affairs and the law of the sea, including marine science”. We note the agreement of all parties during the negotiations, that this theme should incorporate the issue of mitigation of the effects of climate change, particularly in respect of developing countries.

Mr President,

The European Union is concerned about the substantially increased workload of the Commission on the Limits of the Continental Shelf and mindful of the need to find a sustainable solution to this problem. We therefore welcome the decision of the 19th Meeting of States Parties to the Convention to facilitate an informal working group to continue consideration of how to address this important issue. In relation to the ongoing work of the Commission, the European Union welcomes the fact that the summaries of most recommendations have been made publicly available, thus enabling all parties to have a better understanding of the entire process. We encourage the Commission to continue to comprehensively reflect its reasoning in the summaries of recommendations, in accordance with the Rules of Procedure and the confidentiality of the information provided to the Commission.

Mr. President,

With its 148 operative paragraphs, this year’s resolution on sustainable fisheries has reached an extent which makes it difficult to manage, and the European Union would be in favour of undertaking efforts to shorten the resolution in coming years. Nevertheless, this year a crucial part of the resolution consists of the important review of resolution 61/105 in relation to the impact of bottom fishing on Vulnerable Marine Ecosystems (VMEs), as called for in paragraph 91 of that resolution.

Resolution 61/105 represented a real regime shift which the EU fully supported and promoted. In fact, in 2008 the EU implemented the calls made by the General Assembly with regard to addressing the impact of deep sea bottom fishing practices by its vessels in the high seas and in European Community waters. The EU will continue its work with all the relevant stakeholders to deepen and extend knowledge and protection of these habitats and their ecosystems, to develop Regional Fisheries Management Organisations or Arrangements (RFMO/As) where they don't currently exist, and to urge existing ones to implement effective protection measures for VMEs as far as they have not yet done so. In this regard the EU recognises the efforts made by States and RFMOs to conduct scientific surveys and to map VMEs.

The EU welcomes and fully endorses the considerable commitment shown at international level to ensure the continued urgent implementation of measures, in accordance with the FAO Guidelines, for the management of deep-sea fisheries in the high seas, aimed at strengthening of prior impact assessment before authorising bottom-fishing activities, the establishment of encounter protocols, as well as the adoption of conservation and management measures for deep-sea stocks to ensure their long-term sustainability. The next review foreseen for 2011 will be crucial for the credibility of the commitments made.

Mr. President,

The EU has long advocated the need for a strong and binding agreement at international level on port state control, based on the requirement for prior notification by the flag State to the port state to certify that the fish a vessel is carrying have been caught legally, under licence and within quota, before that vessel can be granted access to the port and its facilities. It is this stronger requirement which forms the basis for the port state control schemes recently adopted by a number of RFMOs, including the North East Atlantic Fisheries Commission, the International Commission for the Conservation of Atlantic Tunas, and the North Atlantic Fisheries Organization, as well as for the port state measures contained in the European Union's own Regulation on illegal, unreported and unregulated fishing, which will be applied from 1 January 2010.

The EU appreciates that this year’s resolution underscores the approval by the Conference of the FAO of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. Having already signed the agreement on 22 November 2009, the EU fully supports the encouragement to States to consider signing and ratifying, accepting, approving or acceding to it, with a view to its early entry into force.

Mr. President,

In relation to the impacts of global climate change on the sustainability of fish stocks and the habitats that support them, the resolution reiterates that States are urged to intensify efforts to assess and address such impacts. In relation to the possible consequences of climate change on fishery resources in the Arctic Ocean, the EU would, also in the context of the resolution on sustainable fisheries, have wished to highlight the state of the Arctic region as a specific area where further scientific studies should be carried out due to the particular implications climate change may have on fisheries management in this area in the future.

The European Union welcomes the strong endorsement given by the international community to the 'Kobe process' to improve and streamline international management of high-seas tuna fisheries at the meeting which took place in San Sebastian, Spain, in July 2009. The EU is therefore pleased to see that this year’s resolution takes the Course of Actions agreed at this meeting into account, including by noting that global fishing capacity for tunas has to be addressed urgently.

Finally, Mr President, The EU reiterates its attachment to universal adherence to the UN Fish Stocks Agreement and looks forward to participating in the work related to the resumed Review Conference, which will take place in 2010.

I thank you, Mr President.


* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.

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