EU Ecosystem-based Management and
Navigation Rights
Dr. Ronán Long
School of Law
NUI Galway
Overview
1. Context
2. Definition
3. Legal basis:
– International Law
– European Law
4. Conclusions
Preamble
United Nations Convention on the Law of the Sea
The problems of ocean
space are interrelated and
need to be considered as a
whole
European Union
• 22 coastal Member States (23 Croatia)
• 70 000 km coastline along two oceans
(Atlantic and Arctic Oceans) and four
regional seas (Baltic, the North Sea, the
Mediterranean, and the Black Sea)
• 90% of Europe's external trade and close to
40% of its internal trade is seaborne (400
million passengers & 3.5 billion tons cargo)
• 25 % of world tonnage registered in EU
Source: Pablo Kaluza et al., Journal
of the Royal Society Interface (2010)
(Jan 13, 2010)
Status of Convention
• “Integral part” of EU law
• Ranking as a source of EU law
– Below EU Treaties and above secondary
legislation
• Informs EU law
– multilateral and bilateral treaties concluded by
the EU
– secondary legislation
source: guardian.co.uk
What is the ecosystem approach?
• “ the comprehensive integrated management of
human activities based on the best available
scientific knowledge about the ecosystem and its
dynamics, in order to identify and take action on
influences which are critical to the health of
marine ecosystems, thereby achieving sustainable
use of ecosystems goods and services and
maintenance of ecosystem integrity”
ICES Cooperative Research Report no 273
Conceptual Framework
Objectives:
•General
•Specific/operational/practical
Scientific Knowledge
•Basic/existing information/research
•Updated monitoring
“iterative
process”
Assessment
•Fish stocks
•Environment
Scientific Advice
Policy Decisions
Management actions
Monitoring and research
Control and enforcement
International Law
Multilateral Treaties
•
•
•
1980 Convention for the Conservation of Antarctic Marine
Living Resources
1982 United Nations Law of the Sea Convention
1992 Convention on Biological Diversity
a. 12 Principles
(eg. Management should be decentralised)
b. Operational Guidance on Application of Principles
c. Regulatory measures may need to be taken even when
some cause-and-effect relationships are not yet fully
established scientifically
•
1995 UN Straddling Fish Stocks Agreement
COP 5th & 7th Meeting
Decisions v/6 and VII/11
Maritime Jurisdictional Model
Terrestrial
Continent
Catchment Basin
Baseline
12 miles
Internal waters
Coastal Zone
Territorial Sea
Exclusive
Economic Zone
PSA
MCB
Local
Ecosystem
200 miles
LME
High Seas
PSA
Global Ocean
Garcia & Hayashi, Ocean & Coastal Management 43 (2000) 445474
European Law
• Treaty Functioning of the EU
– Article 11
• Secondary Legal Instruments
– Marine Strategy Framework Directive
– Marine Spatial Planning & Integrated Coastal
Zone Management Draft Directive
– Fisheries Regulations
– Nature Conservation Directives
• Policy Initiatives
– European Integrated Maritime Policy
Marine Strategy Framework Directive
• Requires all Member States to
achieve and maintain “good
environmental status” in the
marine environment by 2020
• Marine Regions
• Programmes of monitoring and
management mesures (2016)
Directive Marine Spatial Planning & ICZM
Plans on the use of maritime space for different
•
purposes
a)
renewable energy;
b)
oil and gas;
c)
maritime transport routes across Europe, including port
accessibility and transport safety;
•
d)
submarine cable and pipeline routes;
e)
fishing areas;
f)
sea farming sites;
g)
nature conservation sites.
Facilitates integrated and holistic management, and
conflict resolution
•
Normative framework: ecosystem approach
Directives Habitats and Birds
•
Biodiversity protection
•
2,341 marine sites designated in
network…predominantly within 3 miles
coast
•
Spatial management measures ……which
are unique to each site
•
May impinge upon navigation rights &
Member States work through IMO on ships
routing measures
Environmental Impact Assessment
1.
Strategic Environmental Assessment
o
Plans and programmes
o
Maritime transport plans, energy, fisheries…
1.
Project Environmental Impact Assessment
o
Port development & dredging of navigation
channel
o
Commission v Netherlands
Vessel Source Pollution
Torrey Canyon 1967
Braer 1993
Amoco Cadiz 1978
Erika 1999
Betelgeuse 1979
Prestige 2002
Haven 1991
Costa Concordia 2012
Safety of Shipping
1.
Erika I & II (2002)
o
Port State Control, Classification Societies, double hull oil tankers, vessel tracking monitoring,
European Marine Safety Agency
2.
Prestige (2002)
o
3.
o
Single hull tankers, vessel source pollution
Third Maritime Safety Package (2009)
Directive on Flag State, Audit and Certification of Classification Societies, Directive on
Port State Control, Ports of Refuge, SafeSeaNet, European Union Long Range
Identification and Tracking Data Centre, IMO Code for the Investigation of Marine
Casualties and Incidents, Regulation on Accidents and Victims (Athens Convention)
•
Over 120 traffic separation schemes in place within European waters
Particularly Sensitive Sea Area (PSSA)
•
IMO Resolution A.982(24) revised guidelines for the
identification and designation of PSSAs
•
Basis: ecological, socio-economic, or scientific attributes and
vulnerable to damage by maritime activities
•
IMO: ships routing and other measures
•
•
•
•
The Wadden Sea, Denmark, Germany, Netherlands (2002)
Western European Waters (2004)
Canary Islands, Spain (2005)
The Baltic Sea area, Denmark, Estonia, Finland, Germany, Latvia, Lithuania,
Poland and Sweden (2005)
•
•
Strait of Bonifacio, France and Italy (2011)
The Saba Bank, in the North-eastern Caribbean area of the Kingdom of the
Netherlands (2012)
Conclusions (1)
•
Ecosystem approach…informed by international and regional law
•
Aimed at achieving environmental, economic and social objectives
•
Acknowledges the interdependency of the marine environment
•
Requires integrated and holistic management of competing uses
•
EU is a major trading entity and freedom of navigation is
fundamental to the prosperity of the Union
Conclusions (2)
•
Will application of the ecosystem approach undermine navigation rights
and freedoms under the Convention?
•
No….because all EU secondary legislation has to be interpreted in
accordance with the provisions of the Convention
•
Ecosystems-based approach requires a “balancing of interests”
between economic and environmental pillars of EU policies
•
This balance must respect the carefully crafted provisions of the
Convention on navigation rights and other freedoms
Publications
Thank You!
[email protected]
1982 Convention
Navigation Rights
Environment
Innocent passage (Art 19)—

Preservation of the environment of the
coastal State (Art 21(f))
Transit passage in straits
Prevention, reduction and control of
pollution by giving effect to the
applicable international standards
(Art 42 (1)(b))
…must not deny, hamper, or impair
the right of transit passage…Art 42 (2)
Freedom of navigation in the EEZ and
on the high seas/EEZ
Articles 192, 194, 194(3) vessel source
pollution, 210, 211, 219-221, 234
What is an ecosystem?
• 1992 Convention on Biological Diversity
“a dynamic complex of plant, animal and microorganism communities and their non-living
environment interacting as a functional unit”.
Conference of Parties
a. 12 Principles
(eg. Management should be decentralised)
b. Operational Guidance on Application
of Principles
c. Regulatory measures may need to be
taken even when some cause-andeffect relationships are not yet fully
established scientifically
5th & 7th Meeting
Decisions v/6 and VII/11
International Fishery Law
•
1995 FAO Code of Conduct for
Responsible Fisheries
•
1995 UN Straddling Fish Stocks
Agreement
•
2001 Reykjavik Declaration on
Responsible Fisheries in the Marine
Ecosystem
•
Regional Fisheries Management
Organisations
Marine
Directors
Maritime policy:
experts, focal points
… Other relevant groups
e.g. Nature Directors
Marine Strategy
Coordination Group
MS, neighbouring countries
relevant international organisations,
stakeholders
Working group
on good
environmental status
COM
MS
Y
MS only
Working group
on … information …
exchange
RSC, …
Input to WG
JRC/ICES/SANCO
Task group
Descriptor X
Committee:
Z
Ship Movements
Source: Pablo Kaluza et al., Journal of the Royal Society
Interface (2010) (Jan 13, 2010)
Current Status
•
•
What progress has been made since the previous milestone?
o
Which tasks have been completed?
o
What issues have been resolved?
o
What new issues have risen? *
Is the project currently ahead of schedule, on track, or delayed?
o
If delayed, what is the mitigation plan?
Marine
Directors
Maritime policy:
experts, focal points
… Other relevant groups
e.g. Nature Directors
INITIAL
STRUCTURE
(2009-2010)
Marine Strategy
Coordination Group
Committee:
MS only
MS, neighbouring countries
relevant international organisations,
stakeholders
Working group
on good
environmental status
COM
MS
Y
RSC, …
Input to WG
JRC/ICES/SANCO
Task group
Descriptor X
Working group
on … information …
exchange
Z
Issues and Resolutions
•
•
•
Description of the issue
How was it resolved?
What and how did it impact the project?
o
Time
o
Cost
o
Other
Navigation Rights
• Directive 2009/123/EC of
the European Parliament
and of the Council of 21
October 2009 amending
Directive 2005/35/EC
• Directive
2009/16/EC which ensures
that, as of 1 January 2011,
the "New Inspection
Regime" (NIR) of the Paris
MoU applies in all the EU
coastal states plus Canada,
Croatia, Iceland, Norway
and the Russian Federation
Timeline
Timeline
Date 1
Date 2
Date 3
Date 4
Timeline
Date 1
Date 3
Date 2
Date 4
Looking Ahead
•
•
•
When is the next milestone?
What are the expected deliverables?
Known risks and issues
o
What is the investigation timeline for these
issues?
•
What are the immediate next steps?
Dependencies and Resources
Vendors
Remote
Teams
Manufacturing
Project
Engineering
Sales
Appendix
Appendix
•
•
•
•
•
Budget
Design documents
Marketing plan
Supplemental documents
Contact information