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A European Vision for the Oceans and Seas: A ‘Roadmap’ for the Motorway in the Sea. Anne Palmer 16.6.2006.

I have always hoped that the people we elect into ‘power’ in this seafaring nation of ours, and yes, pay their wages, would take on the mantle of responsibility in looking after our own Common Law Constitution and our way of life, preserving it for us and for future generations. To even contemplate allowing sovereignty over our seas and coastal waters to pass permanently to such a totalitarian organisation as the European Union is abhorrent to me. The Union wants power; it wants total power and the ability to speak for all the nations, with one voice in everything. To give what will eventually amount to total governance of this Country by ‘foreigners’ is a violation the Oaths taken by our Members of Parliament.

J C Horrocks Secretary General of the International Chamber of Shipping (ICS) wrote to Mr Richardson at the European Commission that the “ICS understands that the EU Review may look at the position which the EU might adopt towards the future of the United Nations Convention on the law of the sea. (UNCLOS), a matter which of course would have implications in other policy areas such as economic exploitation rights, fisheries and defence, in addition to shipping. UNCLOS is in effect a ‘constitution of the seas’, balancing different political, economic and environmental interests, and generally accepted worldwide.” However, from what I have read in the EU’s consultation paper, I rather think the EU will go their own way regardless of UNCLOS and expect or ensure that the UN alters the law of the sea to accommodate THEM. As regard the statement that, “UNCLOS is in effect a constitution of the seas”, the Union has overridden the Constitutions of 25 nation states and soon to override the constitutions of two more states, so why on earth should they take any notice of UNCLOS?

Article 73 of the United Nations Law of the Sea states that, “The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention”. We have already given away sovereignty over our fishing to the EU although the Conservatives were allegedly trying to claw that sovereignty back, but that policy has now, I understand, been abandoned under the leadership of Mr Cameron.

Article 90, “Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas”.

Article 91. “1, Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship”.

2. “Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect”

Under Article 119. (b) European Community, The United Kingdom recalls that, as a Member of the European Community, it has transferred (not shared) competence to the Community in respect of certain matters governed by the Convention.

(c) The Falkland Islands (We must remember the lives lost in fighting to keep The Falklands under the ‘competence’ of the United Kingdom, I see no point in transferring that competence over the seas and oceans therefore to the European Union)

With regard to paragraph (d) of the Declaration made upon ratification of the Convention by the Government of the Argentine Republic, the Government of the United Kingdom has no doubt about the sovereignty of the United Kingdom over the Falkland Islands and over South Georgia and the South Sandwich Islands. The Government of the United Kingdom, as the administering authority of both Territories, has extended the United Kingdom’s accession to the Falkland Islands and to South Georgia and the South Sandwich Islands. The Government of the United Kingdom, therefore, rejects as unfounded paragraph (d) of the Argentine declaration.

(d) Gibraltar, With regard to point 2 of the declaration made upon ratification of the convention by the Government of Spain, the Government of the United Kingdom has no doubt about the sovereignty of the United Kingdom over Gibraltar, including its territorial waters. The Government of the United Kingdom, as the administering authority of Gibraltar, has extended the United Kingdom’s accession to the Convention and ratification of the Agreement to Gibraltar. The Government of the United Kingdom, therefore, rejects as unfounded point 2 of the Spanish declaration.”

Please note also, “The Spanish Government, upon signing this Convention, declares that this act cannot be interpreted as recognition of any rights or situations relating to the maritime spaces of Gibraltar which are not included in article 10 of the Treaty of Utrecht of 13 July 1713 between the Spanish and British Crowns. The Spanish Government also considers that Resolution III of the Third United Nations Conference on the Law of the Sea is not applicable in the case of the Colony of Gibraltar, which is undergoing a decolonization process in which only the relevant resolutions adopted by the United Nations General Assembly apply.

In mentioning the Treaty of Utrecht 1713 also brings to mind the Treaty of Union 1707 between England (Wales) and Scotland and what the two separate countries agreed as regards flags and shipping before consenting to the Treaty.

On 21.5.2006, in the Telegraph, Justine States commented that “Plans to upgrade the European Maritime Safety Agency (EMSA) into a fully fledged coastguard are buried in a document revising European Union (EU) transport policy that is due to be published next month”. “They come on the back of other “empire building” moves by Brussels, including a planned EU army, a common foreign policy and diplomatic service, and a European-wide policy on energy. The Commission says a European Coastguard would help to enforce maritime legislation. It would have the authority to intercept shipping across all of Europe’s traditional maritime borders, which could require that crews be armed-and raises questions of national sovereignty over coastal waters”

“Lloyd’s list, the daily newspaper which covers the maritime industry, accused the commission of attempting to build up a navy by stealth in a leading article last week”.

“The concept of a European coastguard has a federalist charm about it that causes eyes to brighten instantly among gatherings of Europhiles, tired of endless discussions about fish or agriculture, “ the news paper said “In a way, it is a European navy, by the back door.”

Julian Brazier, the shadow shipping minister, said, “This is very worrying news. It seems the empire building ambitions of Brussels know no bounds. The drift towards an EU Navy must be stopped.” Mr Brazier has tabled a parliamentary question demanding to know the Government’s position on the EU coastguard plans.

“The plan would be a betrayal of the maritime history of our country and tens of thousands of men and women currently involved in our maritime sector,” he said.

There was more to Justin Stare’s excellent Article, it is clear to me at least that the EU was never and isn’t just about ‘sovereign independent states simply working together’ as we have often been told by our Government, it is all about the making of one big state. The EU will not stop until it has authority permanently over all matters and yes it is a complete betrayal by our politicians. A betrayal of trust to us and of all future generations, for they will have to live through whatever the EU has in store for us and there is not one EU law that we or future generations can alter. Correction, unless we get out of the Union now, before it is too late by either repealing the European Communities Act or deliberately and expressly abrogating the Treaties.

The International Chamber of Shipping (ICS) has every right to be worried for there are implications in many other policy areas such as economic exploitation rights, fisheries and defence in addition to shipping in all its forms and of course we must not forget the master of all, the environment. UNCLOS is and has been indispensable in balancing different political, economic and environmental issues and has generally been accepted world-wide and reviewing UNCLOS is a not only a highly sensitive issue it is an important issue (or should be) to all of us.

From, The influence of Europe. ICS and ISF have voiced their concern about the ambitions of the European commission to speak at IMO on behalf of its 25 member nations, believing that it would be contrary to the development of well-considered regulation to reduce the scope for independent action by national experts who are currently free to debate the details of new rules on the basis of their technical merits.

While the European Union can only increase the politicisation of debates at IMO, and damage the quality of IMO decision-making. In June, the European Commission delayed asking EU Transport Ministers to make a decision about commencing negotiations with IMO about EU membership, but it is clear that this goal is still being actively pursued.

EU criminal sanctions for accidental pollution.

ICS is very disappointed by the adoption, in July, of the EU Directive on Criminal Sanctions for Ship Source Pollution, which, in conflict with the MARPOL Convention, could criminalize companies and seafarers involved with genuine accidents. ICS is now considering how best to lobby national authorities to ensure that their interpretation of the Directive is line with their international treaty obligations.

ICS is particularly concerned that the EU may seek to affect changes to UNCLOS to alter the balance between the rights of flag states and coastal states, permitting the introduction of measures within Exclusive Economic Zones (EEZs) that might interfere with rights to freedom of navigation that have been enshrined in maritime law for decades. At another extreme, it is possible that the Review could lead to proposals, such as extending exploration/economic rights, which by their politically sensitive and controversial nature could – in a worst case scenario – have negative implications for the very survival of UNCLOS as a universally respected legal regime.

Graham Watson MEP has stated (8^th Dec 2005) that “Tory MEP’s are so obsessed with national sovereignty they crave that they ignore the global anarchy it spawns”. Well I am not a Conservative and I do not belong to any Political Party or Organisation but I am true to my oath of allegiance to this Country and I would never have ceded one inch of national sovereignty to anyone. Work with others and yes fight and die with them but always, always remain in complete authority (sovereignty) of your identity and country for that is what we fought for once in living memory and what we or the next generation will eventually have to fight for again. The British Dockers did not like the European Union “Ports Directive” and I doubt they will go a bundle on this present proposal either.

The European Commission has introduced a ‘consultation paper’, “Towards a future Policy for the Union: A European vision for the oceans and seas”. With a cryptic comment attributed to Arthur C. Clarke “How inappropriate to call this planet earth when it is quite clearly Ocean”.

What A C Clarke failed to spot was the fact that the European Union would like control or sovereignty over all of it. These passages are taken from the 50 page Consultation Paper. “Europe’s geography, therefore, has always been one of the primary reasons for Europe’s special relationship with the oceans for from the earliest times, the oceans have played a leading role in the development of European culture, identity and history”. What our friends in the European Union appear not to have noticed at all, is that the same could be said about the United Kingdom. I seem to recall, in the dim and distant past that we ruled the waves, or something like that. To rule them we built our own Ships in our own shipyards. Through EU Competition Policy we lost most of them.

The way forward for the EU: “Principles of good governance suggest the need for a European maritime policy that embraces all aspects of the oceans and seas”.

The EU Green paper states, “it is the leading maritime power in the world, in particular with regard to shipping, shipbuilding technology, coastal tourism, offshore energy, including renewables, and ancillary services. Looking to the future, according to a study of the Irish Marine Institute, the sectors with most growth potential appear to be cruise shipping, ports, aquaculture, renewable energy, submarine telecommunications and marine biotechnology”.

“Shipping and ports are essential for international trade and commerce. 90% of the EU’s external trade and over 40% of its internal trade is transported by sea. Europe’s leadership in this global industry is beyond any doubt with 40% of the world fleet. 3.5 billion tonnes of cargo per year and 350 million passengers pass through European seaports. Approximately 350.000 people work in ports and related services which together generate an added value of about € 20 billion. The perspectives for both these sectors are of continued growth, with world trade volume on the rise, and with the development of Short Sea Shipping and Motorways of the Sea in Europe. Maritime transport is a catalyst for other sectors, notably shipbuilding and marine equipment. Maritime ancillary services such as insurance, banking, brokering, classification and consultancy is another area where Europe should maintain its leadership”.

“The oceans and seas also generate income through tourism. The direct turnover of marine tourism in Europe is estimated at € 72 billion in 2004. The North Sea is the fourth largest source of oil and gas in the world after Russia, the US and Saudi Arabia. The EU is one of the world’s major world fishing powers and the biggest market for processed fish products. While the number of EU fishers has been declining over the years, some 526.000 are employed in the fisheries sector as a whole”.

“Effective decision-making must integrate environmental concerns into maritime policies and give our maritime sectors the predictability they need. At the core of a new maritime policy must be the building of a mutual understanding and a common vision among all the decision-makers and players of the various policies impacting on oceans and seas, including maritime transport and ports, fisheries, integrated coastal zone management, regional policy, energy policy and marine research and technology policies. This means joining the dots between different policies with a view to achieving the common goal of economic expansion in a sustainable manner, which is the key challenge of a future Maritime Policy”.

“European coastal waters posses many opportunities for offshore renewable energy installations. Offshore wind, ocean currents, waves and tidal movements carry a vast amount of energy. Commission projections are that wind power could generate 70,000 MW by 2010, including 14,000 MW offshore. Other emerging technologies include wave energy devices and tidal current turbines that can be deployed on the shoreline and offshore. In all these cases, competition with other users of coastal waters such as shipping or fisheries is possible, while the needs of the local population have to be respected”

“As the European Seaports Organisation (ESPO) puts it, “The EU simply cannot function without its seaports. Almost all of the Community’s external trade and almost half of its internal trade enters or leaves through the more than 1000 seaports that exist in the 20 maritime Member States of the EU.” Moreover, the EU has a policy of promoting a switch from land transport to water transport. As ECSA points out, “in those sectors where it competes directly with other means of transport, shipping remains by far the most energy efficient form of transport”. This is one of the reasons why Short Sea Shipping and Motorways of the Sea will be further promoted within an integrated EU transport system”.

“Under the rules of UNCLOS, it is the country in which the ship is registered which is primarily responsible for their enforcement, the so-called flag state. If the flag state is lax in the application or control of international rules, a “flag of convenience”, it can become the home register of sub-standard ships or irresponsible owners. In contrast, registers which police international rules strictly, and enforce additional constraints, may find that owners transfer their vessels to less onerous registers. This is not a new debate and the dilemma for governments will remain.

But three things can be done:

(1) First, the EC and its Member States should put the full weight of their specific powers, combined influence and external policy instruments behind a policy to improve the performance of all flag states.

(2) Second, new instruments to strengthen the monitoring of international rules on the high seas and their control by port states should be urgently developed using state-of-the-art technologies such as global satellite navigation (Galileo).[1]

(3) Third, an in-depth analysis, with the participation of social partners, should be conducted, in order to identify ways to enhance the competitiveness of ships sailing under European flags.

Policy Making within the EU. “Any form of ocean governance has to take into account the principles set out in the Treaty in relation to policy areas and the distribution of competences between the EU institutions, the Member States, the regions and the local authorities. On this basis and in accordance with the principle of subsidiarity, consideration must be given to sectoral and regional specificities”

“Work is underway in the EU Military Committee on the maritime dimension of European Security and Defense Policy (ESDP). The Council may also wish to consider the creation of a horizontal working group alongside COMAR, which deals with international legal questions, to support the work of COREPER in preparing decisions of the Council on maritime subjects which require cross-sectoral discussion. It might consider how best to organise high-level political input into maritime decision-making in the light of the way work was coordinated among seven sectoral Councils for the review of the Sustainable Development Strategy. Similarly the Parliament may wish to consider how to take account of the need for a more integrated approach to maritime decisions in its internal organisation of work”

The legal system relating to oceans and seas based on UNCLOS needs to be developed to face new challenges. (It rather looks as if they will have to ‘modernise’) The UNCLOS regime for EEZ and international straits makes it harder for coastal states to exercise jurisdiction over transiting ships, despite the fact that any pollution incident in these zones presents an imminent risk for them. This makes it difficult to comply with the general obligations (themselves set up by UNCLOS) of coastal states, to protect their marine environment against pollution.

“The Commission was invited to submit by the end of 2006 a feasibility study on a European coast guard service. (Art 11 of Directive 2005/35/EC of the European Parliament and of the Council on ship source pollution and on the introduction for infringements, OJ L 255/11 of 30.09.2005. [Ah recent then?] See also Resolution by the Temporary Committee on improving safety at sea, P5_TA-PROV (2004) 0350, 2004)”.

“The trend on the seas seems likewise to be towards a “Common EU maritime space”, governed by the same rules on safety, security, environmental protection. This could bring increased efficiency in the management of territorial waters and EEZs by Member States and put Short Sea Shipping in the same situation as transport on land between Member States. This would have implications for cabotage within international trade negotiations”.

“Member States already have no option but to cooperate with each other in meeting certain EU or cross-border objectives” “The potential economies at EU level are that much greater. Member States have already recognized this by setting up a range of EU agencies. The growing need to identify, intercept and indict individuals engaging in smuggling, trafficking of human beings, illegal fishing, clandestine immigration and terrorism suggests some urgency for the coordination of existing national assets and the common procurement of new ones”. “The convergence of civil and military technologies, in particular in surveillance of the sea, should also help reduce the duplication of capabilities.”

“Much of maritime policy, particularly where it concerns trans-boundary activities is best regulated on the basis of international rules. So if the EU develops new ideas in maritime policy, it will want to share these with the international community.” “While the EU can thus contribute towards better implementation of international instruments, it should place particular emphasis on using its external policy to establish an international level playing field, (It seems that these level playing fields are all over the place) and ensure fair competition for economic operators. The Commission intends to review how it can use the various tools of external policy for this purpose”. (If international law does not suit the EU, it obviously has ways of making them change to suit.)

“European shipyards, subject to the EC state aid discipline, have been facing unfair competition from a number of Asian countries, as WTO or OECD rules remain unimplemented. In this regard, it is important to use the anti-dumping rules of the WTO to the fullest extent possible”.

The Commission is aware that this Green Paper addresses a very broad range of what have traditionally been regarded as separate activities and policy areas. The idea of conducting an integrated analysis of maritime activities leading to coordinated actions is new.

It would be a mistake to underestimate the time it takes for important new ideas to be fully understood and accepted. In its own work for this Green Paper, the Commission has become aware of how much new ground needs to be covered and how much new expertise needs to be developed.

The Commission hopes that this Green Paper will launch a broad public debate both on the principle of the EU adopting an overall approach to maritime policy and on the many ideas for action. It wishes to base its further work in this area on the views of stakeholders and it intends to spend the next year listening to what they have to say.

The consultation process will end on 30^th June 2007. By the end of 2007 the Commission will address a Communication to the Council and Parliament, summarising the results of the consultation process and proposing the way forward. END.

I hope and trust that this article will encourage those that read it to respond to the consultation exercise and also, perhaps more importantly, to ensure our own politicians are aware of your feelings on this matter. Sing loudly, “Rule Britannia, Britannia Rules the Waves”, “Britons never, never shall be slaves”. Lest we forget.

There are set questions in the paper-see below for web-page. Consultation period: 7^th June 2006-30 June 2007. Contributions can be sent to, European Commission-Maritime Policy Task Force, “Maritime Policy Green Paper”, J-99 7/12 B-1049 Brussels. See Green Paper below for questions and guidance.

Safety of Life at Sea (SOLAS)

http://www.imo.org/Conventions/contents.asp?topic_id=257&doc_id=647

International Convention of the Prevention of Marine Pollution from Ships (MARPOL)

http://www.imo.org/Conventions/contents.asp?doc_id=678&topic_id=258

Convention on the International Maritime Organisation.

http://www.imo.org/Conventions/mainframe.asp?topic_id=771

Maritime Safety Conventions

http://www.imo.org/Conventions/mainframe.asp?topic_id=257

Full consultation Paper on Maritime Policy,

http://www.ec.europa.eu/maritimeaffairs/policy_en.html

United Nations Law of the Sea.

http://www.un.org/Depts/los/convention_agreements/texts/unclos/closindx.htm

The influence of Europe

http://www.marisec.org/news/mariscne/maritext.htm