reconciling the economic and environmental aspects of sustainable development,
which often contradict, exactly in the same spirit as the future ILBI, as the latter is
dealing with “conservation and sustainable use of marine biodiversity beyond areas
of national jurisdiction”. The EU maritime policy is notably based on several
concepts aimed at combining the environmental and economic aspects of activities
linked to the sea, as the concepts of “blue growth”, “blue economy”, “sustainable
development”, “ecosystem management”, or “sustainable exploitation.”
64 For
instance, Article 1(1) of Regulation No 1380/2013 defines the scope of the common
fisheries policy as “(a) the conservation of marine biological resources and the
management of fisheries and fleets exploiting such resources [. . .]”,
65 with a conservationist and economic perspective.
The environmental policy and biodiversity strategy of the EU are also relevant,
especially the protection of species and habitats through the establishment of
protected areas: the Natura 2000 network,
66 extending to sea but only in the
European maritime area (which means including in the EEZ of member States but
not beyond). The future international agreement appears complementary and in
continuity with this policy of creating protected areas, as it reinforces it, through
the affirmation of principles such as the ecosystem approach or the prevention
64 See, for instance, the Communication from the Commission to the Council and the European
Parliament, of 2 October 2002, Toward a strategy to protect and conserve the marine environment
[COM(2002) 539 final] and the Communication from the Commission to the Council and the
European Parliament of 24 October 2005 Thematic Strategy on the Protection and Conservation of
the Marine Environment {SEC(2005)1290}, COM/2005/0504 final, and, more directly, Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions of 13 September 2012, Blue Growth
opportunities for marine and maritime sustainable growth COM/2012/494 final according to which
‘The blue economy needs to be sustainable and to respect potential environmental concerns given
the fragile nature of the marine environment’, p. 5, and the 2014/89/EU Directive of the European
Parliament and of the Council establishing a framework for maritime spatial planning, Art. 5(1):
“When establishing and implementing maritime spatial planning, Member States shall consider
economic, social and environmental aspects to support sustainable development and growth in the
maritime sector, applying an ecosystem-based approach, and to promote the coexistence of relevant
activities and uses.”
65 Moreover, the Art. 2 states that “1. The CFP shall ensure that fishing and aquaculture activities are
environmentally sustainable in the long-term . . . 2. The CFP shall apply the precautionary approach
to fisheries management, and shall aim to ensure that exploitation of living marine biological
resources restores and maintains populations of harvested species above levels which can produce
the maximum sustainable yield. . . . 3. The CFP shall implement the ecosystem-based approach to
fisheries management so as to ensure that negative impacts of fishing activities on the marine
ecosystem are minimised, and shall endeavour to ensure that aquaculture and fisheries activities
avoid the degradation of the marine environment. . . . 5. The CFP shall, in particular: . . . (j) be
coherent with the Union environmental legislation . . .”.
66 See Directive 79/409 of the Council of 8 December 1975, OJEC n
L 31 of 5th February 1979,
replaced by Directive 2009/147 of the European Parliament and of the Council of 30 November
2009 on the conservation of wild birds, OJEU of 26 January 2010, p. 7, and Directive 92/43 of the
Council of 21 May 1992 on the conservation of natural habitats and the wild flora and fauna, OJEC
n
L206 of 22 July 1992, p. 7.
396
P. Ricard
which often contradict, exactly in the same spirit as the future ILBI, as the latter is
dealing with “conservation and sustainable use of marine biodiversity beyond areas
of national jurisdiction”. The EU maritime policy is notably based on several
concepts aimed at combining the environmental and economic aspects of activities
linked to the sea, as the concepts of “blue growth”, “blue economy”, “sustainable
development”, “ecosystem management”, or “sustainable exploitation.”
64 For
instance, Article 1(1) of Regulation No 1380/2013 defines the scope of the common
fisheries policy as “(a) the conservation of marine biological resources and the
management of fisheries and fleets exploiting such resources [. . .]”,
65 with a conservationist and economic perspective.
The environmental policy and biodiversity strategy of the EU are also relevant,
especially the protection of species and habitats through the establishment of
protected areas: the Natura 2000 network,
66 extending to sea but only in the
European maritime area (which means including in the EEZ of member States but
not beyond). The future international agreement appears complementary and in
continuity with this policy of creating protected areas, as it reinforces it, through
the affirmation of principles such as the ecosystem approach or the prevention
64 See, for instance, the Communication from the Commission to the Council and the European
Parliament, of 2 October 2002, Toward a strategy to protect and conserve the marine environment
[COM(2002) 539 final] and the Communication from the Commission to the Council and the
European Parliament of 24 October 2005 Thematic Strategy on the Protection and Conservation of
the Marine Environment {SEC(2005)1290}, COM/2005/0504 final, and, more directly, Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions of 13 September 2012, Blue Growth
opportunities for marine and maritime sustainable growth COM/2012/494 final according to which
‘The blue economy needs to be sustainable and to respect potential environmental concerns given
the fragile nature of the marine environment’, p. 5, and the 2014/89/EU Directive of the European
Parliament and of the Council establishing a framework for maritime spatial planning, Art. 5(1):
“When establishing and implementing maritime spatial planning, Member States shall consider
economic, social and environmental aspects to support sustainable development and growth in the
maritime sector, applying an ecosystem-based approach, and to promote the coexistence of relevant
activities and uses.”
65 Moreover, the Art. 2 states that “1. The CFP shall ensure that fishing and aquaculture activities are
environmentally sustainable in the long-term . . . 2. The CFP shall apply the precautionary approach
to fisheries management, and shall aim to ensure that exploitation of living marine biological
resources restores and maintains populations of harvested species above levels which can produce
the maximum sustainable yield. . . . 3. The CFP shall implement the ecosystem-based approach to
fisheries management so as to ensure that negative impacts of fishing activities on the marine
ecosystem are minimised, and shall endeavour to ensure that aquaculture and fisheries activities
avoid the degradation of the marine environment. . . . 5. The CFP shall, in particular: . . . (j) be
coherent with the Union environmental legislation . . .”.
66 See Directive 79/409 of the Council of 8 December 1975, OJEC n
L 31 of 5th February 1979,
replaced by Directive 2009/147 of the European Parliament and of the Council of 30 November
2009 on the conservation of wild birds, OJEU of 26 January 2010, p. 7, and Directive 92/43 of the
Council of 21 May 1992 on the conservation of natural habitats and the wild flora and fauna, OJEC
n
L206 of 22 July 1992, p. 7.
396
P. Ricard