A note on the European Union's integrated maritime policy

Ocean Development and International Law

Volumn 40, Issue 2, 2009, Pages 171-183

  Koivurova, Timo ^a  

^a UNIVERSITY OF LAPLAND   (Finland)

Author keywords

European Union; Integrated Maritime Policy

Indexed keywords

EUROPEAN UNION; GOVERNANCE APPROACH; LAW OF THE SEA; LEGISLATION; MARINE POLICY;

CANADA; NORTH AMERICA;

EID: 70449433720     PISSN: 00908320     EISSN: 15210642     Source Type: Journal    
DOI: 10.1080/00908320902864904     Document Type: Article

References (54)

1. It should be noted that, even though they cannot be considered integrated ocean policies in the modern sense, several imperial powers had ocean policies from early on, mostly as a result of the growth of their powers in sea areas. See
2. Alfred Thayer Mahan, "The Influence of Sea Power upon History, 1660-1783" (1890), available at www.gutenberg.org/files/13529/13529-h/13529-h.htm (accessed on 20 November 2008).
3. United States, Executive Order 9633 of 28 September 1945-Reserving and Placing Certain Resources of the Continental Shelf Under the Control and Jurisdiction of the Secretary of the Interior, 59 U.S. Stat. 884.
4. For a classic account of this development, see Z. J. Slouka, International Custom and the Continental Shelf: A Study in the Dynamics of Customary Rules of International Law (Martinus Nijhoff, 1969).
5. 1833 U.N.T.S. 397.
6. See the remarks by Tommy T. B. Koh, president of the Third United Nations Conference on the Law of the Sea, "A Constitution for the Oceans," available at www.un.org/Depts/los/convention agreements/texts/koh english.pdf (accessed on 20 November 2008).
7. For a recent study in different fields of international cooperation, see G. Ulfstein, T. Marauhn, and A. Zimmermann, eds., Making Treaties Work: Human Rights, Environment and Arms Control (Cambridge: Cambridge University Press, 2007).
8. See www.un.org/Depts/los/meetingstatesparties/meeting-states parties.htm (accessed 18 January 2009).
9. See www.un.org/Depts/los/consultativeprocess/consultative process.htm (accessed 18 January 2009.
10. L. Juda, "Changing National Approaches to Ocean Governance: The United States, Canada, and Australia," Ocean Development and International Law 34 (2003): at 162-164.
11. Chapter 17 is entitled "Protection of the Oceans, All Kinds of Seas, Including Enclosed and Semi-Enclosed Seas, and Coastal Areas and the Protection, Rational Use and Development of Their Living Resources," available at www.un.org/esa/sustdev/documents/agenda21/english/agenda21chapter17.htm (accessed on 20 November 2008).
12. The term "IMP" is used to denote the following three documents: the Integrated Maritime Policy, adopted via a Communication (the so-called Blue Book); its accompanying Action Plan; and the "environmental dimension" of the IMP, the Marine Strategy Framework Directive (MSFD). The European Council that adopted the Integrated Maritime Policy understood it as composing of all these elements. It is important, however, to keep in mind that, when referring to the Communication, the term IMP will be used. When the Action Plan or the Maritime Strategy Framework Directive (MSFD) are referenced, their names will be used. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, "An Integrated Maritime Policy for the European Union," Brussels, 10.10.2007 COM(2007) 575 final, adopted by the European Council in December 2007, available at eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2007:0575:FIN:EN:PDF (accessed on 20 November 2008).
13. The Action Plan that accompanied the IMP specifies the broad guidance given in the IMP. Commission Staff Working Document, accompanying document to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions," An Integrated Maritime Policy for the European Union," Brussels, 10.10.2007, SEC(2007) 1278, available at ec.europa.eu/maritimeaffairs/pdf/ActionPaper/actionplanen.pd (accessed on 20 November 2008).
14. Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive). Official Journal L. 164, 25/06/2008 P. 0019-0040, available at heur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008L0056:EN:HTML (accessed on 20 November 2008).
15. Chapter 2 (Context) of the IMP, supra note 11, contains the following passage: Increasing competition for marine space and the cumulative impact of human activities on marine ecosystems render the current fragmented decisionmaking in maritime affairs inadequate, and demand a more collaborative and integrated approach. For too long policies on, for instance, maritime transport, fisheries, energy, surveillance and policing of the seas, tourism, the marine environment, and marine research have developed on separate tracks, at times leading to inefficiencies, incoherencies and conflicts of use.
16. Ensuring that use of the marine environment is genuinely sustainable is a prerequisite for these industries to be competitive. The growing vulnerability of coastal areas, increasingly crowded coastal waters, the key role of the oceans in the climate system and the continuous deterioration of the marine environment all call for a stronger focus on our oceans and seas.
17. See, for example, Y. Tanaka, "Zonal and Integrated Management Approaches to Ocean Governance: Reflections on a Dual Approach in International Law of the Sea," International Journal of Marine and Coastal Law 19 (2004): 483-514.
18. For a historical overview, see L. Juda, International Law and Ocean Use Management: The Evolution of Ocean Governance (London: Routledge, 1996).
19. Statutes of Canada, 1996, chap. 31.
20. UNCLOS, supra note 4, Preamble provides: "Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole."
21. For an early, but still useful, theoretical insight into the basic requirements from an integrated ocean policy, see A. Underdal, "Integrated Marine Policy: What? Why? How?" Marine Policy 4 (1980): 159-169.
22. See, for example, Jean-Pierre Lévy, "A National Ocean Policy: An Elusive Quest," Marine Policy 17 (1993): 75-80.
23. For a recent authoritative comparison, see International Oceanographic Commission, National Ocean Policy: The Basic Texts from Australia, Brazil, Canada, China, Colombia, Japan, Norway, Portugal, Russian Federation, United States of America (IOC Technical Paper 75, Law of the Sea Dossier 1), (Paris: UNESCO, 2007), 280 pp., available at ioc3.unesco.org/ abelos/index.php?option=com docman&task=doc download&gid=267 (accessed on 20 November 2008).
24. See also R. Friedheim, "Designing the Ocean Policy Future: An Essay on How I Am Going to Do That," Ocean Development and International Law 31 (2000): 187-189.
25. See www.dfo-mpo.gc.ca/oceans-habitat/oceans/ri-rs/cos-soc/indexe.asp (accessed on 20 November 2008).
26. See www.dfo-mpo.gc.ca/oceans-habitat/oceans/oap-pao/indexe.asp (accessed on 20 November 2008).
27. See www.dfo-mpo.gc.ca/oceans-habitat/oceans/ri-rs/cosframework-cadresoc/page01e.asp (accessed on 20 November 2008).
28. Because the MSFD, supra note 11, was subject to the co-decision procedure, it had to be accepted by both the European Parliament and the Council.
29. The heads of states and governments of the EU agreed to the following conclusions on maritime policy at the meeting of the European Council of 14 December: The European Council welcomes the Commission Communication on an integrated maritime policy for the European Union and the proposed Action Plan which sets out the first concrete steps in developing an integrated approach to maritime affairs. The broad participation in the preceding public consultation and the comprehensive debate at the Lisbon Ministerial Conference reflected the interest which stakeholders show for the development of such a policy. The future integrated maritime policy should ensure synergies and coherence between sectorial policies, bring added value and fully respect the principle of subsidiarity. Furthermore it should be developed as a tool to address the challenges facing Europe's sustainable development and competitiveness. It should take particularly account of the different specificities of Member States and specific maritime regions which should call for increased cooperation, including islands, archipelagos and outermost regions as well as of the international dimension. The European Council welcomes the conclusion of the Marine Strategy Frame work Directive as the environmental pillar of this policy. The European Council invites the Commission to come forward with the initiatives and proposals contained in the Action Plan and calls on the future Presidencies to work on the establishment of an integrated maritime policy for the Union. The Commission is invited to report on progress achieved to the European Council at the end of 2009.
30. See ec.europa.eu/maritimeaffairs/conclusions20071214en.html (accessed on 20 November 2008).
31. For a useful overview, see V. Frank, The European Community and Marine Environmental Protection in the International Law of the Sea (Martinus Nijhoff, 2007), 94-104.
32. MSFD, supra note 11, art. 26 (1).
33. More specific guidance is, however, provided by the above-mentioned "Policy and Operational Framework for Integrated Management of Estuarine, Coastal and Marine Environments in Canada," supra note 22, in implementing integrated management plans.
34. See the Policy Framework section of the 2002 Oceans Strategy, supra note 20.
35. See the Report on Consultations, available at eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2007:0574:FIN:EN:PDF (accessed on 20 November 2008).
36. Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions, "Guidelines for an Integrated Approach to Maritime Policy: Towards Best Practice in Integrated Maritime Governance and Stakeholder Consultation Brussels," 26.6.2008 COM(2008) 395 final, available at ec.europa.eu/maritimeaffairs/pdf/com08395en.pdf (accessed on 20 November 2008).
37. The EU Guidelines to Member States, ibid., referred to the experience of many countries, including Canada, and stated, at 5, that: The principles, objectives and modalities of all these maritime policies are largely similar. Allthesecountriesrecognisethemajorcontributionmadebysea-basedactivities to their economy. They all acknowledge that the intensive development ofthese activities poses a challenge to sustainable development and use of their sea resources. And they have all decided to develop an overall policy that allows a comprehensive, coordinated approach, ensuring sustainable development of the different sea resources and activities.
38. See generally, www.whitehouse.gov/ceq (accessed 19 January 2009).
39. This is a recent development; see Press Release 27 March 2008, available at ec.europa.eu/maritimeaffairs/press/pressrel270308en.html (accessed on 20 November 2008).
40. The three policy objectives outlined in Canada's 2002 Oceans Strategy, supra note 20, are: Understanding and Protecting the Marine Environment; Supporting Sustainable Economic Opportunities; and International Leadership. This is complemented in the Oceans Action Plan, supra note 21, by the inclusion of Ocean Science and Technology. The IMP, supra note 11, includes as its action areas: Maximising the Sustainable Use of the Oceans; Delivering the Highest Quality of Life in Coastal Regions and Seas; Building a Knowledge and Innovation Base for the Maritime Policy; Promoting Europe's Leadership in International Maritime Affairs; and, finally, Raising the Visibility of Maritime Europe.
41. Oceans Action Plan, supra note 21, Initiatives for Phase I of the Oceans Action Plan, International Leadership, Sovereignty and Security.
42. EU Action Plan, supra note 11, at 30-31.
43. See, for example, the IMP, supra note 11, at 9, "The Commission will: reassess, in close cooperation with social partners, the exclusions affecting maritime sectors in EU labour legislation," and, at 8, "The Commission will: propose a new ports policy, taking account of the multiple roles of ports and the wider context of European logistics; make proposals to reduce the levels of air pollution from ships in ports, namely by removing tax disadvantages for shore side electricity; issue guidelines on the application of the relevant Community environmental legislation to port development."
44. See www.dfo-mpo.gc.ca/oceans-habitat/oceans/ri-rs/mpapolicy-politiquezpm/page05e.asp (accessed on 20 November 2008).
45. See www.natura.org (accessed on 19 January 2009).
46. MSFD, Progress Report on Protected Areas, reads: On the basis of the information provided by the Member States by 2013, the Commission shall report by 2014 on progress in the establishment of marine protected areas, having regard to existing obligations under applicable Community law and international commitments of the Community and the Member States. The report shall be submitted to the European Parliament and to the Council.
47. See Marine Strategy Directive, available at www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-0595 (accessed on 20 November 2008).
48. Appendix to the 2002 Oceans Governance document lists the integrated management schemes already in progress, available at www.dfo-mpo.gc.ca/oceans-habitat/oceans/ri-rs/cos-soc/page09e.asp (accessed on 20 November 2008).
49. See www.dfo-mpo.gc.ca/oceans-habitat/oceans/ri-rs/cosframework-cadresoc/indexc.asp (accessed 19 January 2009).
50. See Director-General Maritime Affairs and Fisheries, European Commission, "Towards Best Practice in Integrated Maritime Governance and Stakeholder Consultation. Guidelines for an Integrated Approach to Maritime Policy," Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions, COM(2008) 395 final (Brussels, 26 June 2008), available at ec.europa.eu/maritimeaffairs/ pdf/com08 395en.pdf (accessed 20 November 2008). See also IMP, supra note 11, sec. 3.2.2. and European Commission,"Roadmap for Maritime Spatial Planning: Achieving Common Principles in the EU," Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of Regions, COM(2008) 791 final (Brussels, 25 November 2008), available at eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0791:FIN:EN:PDF (accessed 10 January 2009).
51. The IMP, supra note 11, at 5.
52. Commission Staff Working Document on "impact assessment" (SEC (2005) 1290). Commission Staff Working Document, Annex to the Communication from the Commission to the Council and the European Parliament, Thematic Strategy on the Protection and Conservation of the Marine Environment and Proposal for a Directive of the European Parliament and of the Council Establishing a Framework for Community Action in the Field of Marine Environmental Policy (Marine Strategy Directive), available at ec.europa.eu/environment/water/marine/pdf/200510impactassessen.pdf (accessed 20 November 2008).
53. The IMP, supra note 11, sec. 3.2, Tools for Integrated Policy-Making: An integrated governance framework for maritime affairs requires horizontal planning tools that cut across sea-related sectoral policies and support joined up policy making. The following three are of major importance: maritime surveillance which is critical for the safe and secure use of marine space; maritime spatial planning which is a key planning tool for sustainable decision-making; and a comprehensive and accessible source of data and information.
54. See, for example, L. Juda, supra note 9, at 178-179.