7th Framework Research Programme
Stepping over maritime boundaries
and applying new normative tools in
EU Environmental Law
Dr. Ronán Long,
Jean Monnet Chair EU Law,
National University of Ireland
Galway, IRELAND.

www.marinelaw.ie
Options for Delivering Ecosystem-Based Marine
Management
–
17 research partners including Israel and Turkey
–
Theme ENV.2009.2.2.1.1, Project No. 244273
–
Further information is available online:
http://www.liv.ac.uk/odemm/
35th
Annual Conference, Law of the
Sea and Ocean Policy, Maritime Border
Diplomacy, Bali, 22-24 June 2011
2009 Manado Ocean Declaration

calls upon States to apply
precautionary and
“ecosystem approaches
with a view to achieving
long-term conservation,
management and
sustainable use of marine
living resources.”
Overview
1.
EU Member States / Maritime Zones
2.
Treaty Principles
3.
Boundaries and fisheries law
4.
Boundaries and environmental law
5.
Ecosystem-based management
Adopted 14 May, 2009,
Manado, Indonesia.
EU Maritime Claims 2010
EU and the Law of the Sea


27 Member States (22)
Semi-Enclosed
Seas….Regional
Seas…International Straits

97% of external trade by sea

Iceland, Croatia, Turkey
www.marinelaw.ie
www.marinelaw.ie
Straight Baselines
20 MS, except Belgium and Greece
Territorial Sea
12M territorial sea, Greece 6M
Contiguous Zone
11 MS claim 24M, Finland 14M
Exclusive Economic Zone
19 MS, (cf. UK, ITA ecological zone)
Exclusive Fishery Zone
UK, Malta 25M, Spain Med. Sea
Continental Shelf
22 (8 MS, 200m/EXPL)
CLCS submissions
6 MS: DK, FRA, IRL, ESP, UK, PRT
Source: DOALOS July 2010
EU Treaties

Principle of conferral
– EU must “only act within
the limits of the
competences conferred
upon it by the Member
States in the Treaties to
attain the objectives set
out therein”
European Treaties
Principle of Conferral
Shared Competence
Exclusive Competence EU
Exclusive Competence MS
Environmental Measures
Fisheries Measures
Maritime boundaries
subsidiarity & proportionality
Art 5(2) Treaty on European Union
Fishery Limits

1964 European Fishing
Convention

1976 Hague Resolution
–

ICES Statistical Areas
200 miles in Atlantic
2010…extended fisheries
zones in the
Mediterranean Sea
Regional Convention Areas
What happens when limits adjusted?
UK TS and Fishery Limits in South West
Present 12M TS Limit
1 983 12M Fishery Limit
Cornwall
S even Ston es
..
Scilly Isles
.W olf Rock
1983 6M Fishery Limit
Present 12M TS Limit
Case C–146/89 Commission v. United Kingdom
Maritime limits &
stakeholder consultation structures
Membership of RACs
North Sea
32 Members covering 9 Member States (Belgium, Denmark,
Germany, Spain, France, Netherlands, Poland, Sweden and UK)
Pelagic
60 Members covering 10 Member States (Denmark, Germany, Spain,
France, Ireland, Netherlands, Poland, Portugal, Sweden and UK)
North-Western Waters
55 Members covering 6 Member States (Belgium, Spain, France,
Ireland, Netherlands and UK)
Baltic Sea
42 Members covering 8 Member States (Denmark, Germany, Estonia,
Latvia, Lithuania, Poland, Finland and Sweden)
High-Seas/LongDistance Fleet
72 Members covering 12 Member States (Denmark, Germany,
Estonia, Spain, France, Ireland, Italy, Lithuania, Netherlands, Poland,
Portugal and UK)
South-Western
115 Members covering 5 Member States (Belgium, Spain, France,
Waters
Portugal and Netherlands)
Mediterranean Sea
Includes Members from Bulgaria, Cyprus, France, Greece, Italy,
Malta, Romania, Slovenia and Spain
OSPAR MPAs
MPAs and Maritime Boundaries
•159 sites designated
•147,322 km2 (1.06%)
(0.57% of EEZs)
•Habitats Directive
•Designation by
Member States
•Rhumb Lines
•Spatial management
measures, EIA,
seasonal closures
•111 in TS; 33 in EEZ
and 6 in ABNJ
OSPAR MPAs in ABNJ
Marine Strategy Framework Directive
1. Milne Seamount in ABNJ
2. Charlie-Gibbs Fracture Zone
A. Northern Area
•

Requires all Member States to
achieve and maintain good
“environmental status” in the
marine environment by 2020

Normative basis.. Ecosystem
Approach

Regional Seas approach
Seabed on ECS Iceland
B. Southern Area
•
ABNJ….working with
competent authorities
management measures
3. Altair/Antialtair/ Joespehine
Seamounts and Mid-Atlantic Ridge
North of Azores
•
OSPAR high seas…Portugal
seabed
www.marinelaw.ie
Maritime boundaries and
disasters
Water Framework Directive

“Good chemical status”… in
marine waters within 12M of
baseline by 2020

“Good ecological status”…in
marine waters within 1M of
baseline by 2020

Member States shall act
jointly in a spirit of solidarity
if a Member State is the
object of a terrorist attack or
the victim of a natural or
man-made disaster
Article 222 of the TFEU
Jurisdictional Model
Conclusions
Terrestrial Continent
Catchment Basin
Baseline
Internal waters
Coastal Zone
Territorial Sea
12 miles
PSA
Co
200 miles

EU Law and policy evolving

Maritime boundaries: absence of uniformity
in MS practice 

EU implementing ecosystems approach
MCB
Exclusive Economic
Zone
Local
Ecosystem
nti
ne
n
tal
Sh
elf
LME
–
–
High Seas
MPAs
Regional perspective under the MSFD 
PSA

Global Ocean
True to the letter and spirit of 1982
Convention
Garcia & Hayashi, Ocean & Coastal Management 43 (2000) 445-474
www.marinelaw.ie
Publications

“The EU Marine Strategy Framework
Directive: A New European Approach
to the Regulation of the Marine
Environment, Marine Natural
Resources and Marine Ecological
Services”
(2011) JOURNAL OF ENERGY AND
NATURAL RESOURCES LAW 29 (1)
pp. 1-45.
Publications

“Legal aspects of ecosystem-based
marine management in Europe” in A.
Chircop, M. L. McConnell, S. CoffenSmout (ed.), OCEAN YEARBOOK Vol.
26, (Boston/Leiden, Martinus Nijhoff
Publishers, 2012) pp.417-484.
Thank You!
www.marinelaw.ie