reserves the High Seas for peaceful purpose. Therefore, Part XII of UNCLOS would
apply.
53
5 The EU’s Pragmatic Position on the ABNJ: A Possible
Third Way to Walk on?
On 19 June 2015, the UNGA decided to establish, prior to holding an intergovernmental conference (IgC), a Preparatory Committee (PrepCom), to make substantive
recommendations to the UNGA on the elements of a draft text of an international
legally binding instrument under UNCLOS.
In March 2016, the Council decided
54 to authorise the Commission to negotiate,
on behalf of the EU as regards matters falling within the EU’s competence and in
respect of which the EU has adopted rules, on the elements of a draft text of the
ILBI. The PrepCom held four sessions over a period of 2 years, namely 2016 and
2017. At its last session, held from 10 to 21 July 2017, the PrepCom adopted its
report to the UNGA,
55 in order to take a decision, as soon as possible, on the
convening of an IgC under the auspices of the UN. On the basis of these recommendations, the UNGA also decided to convene an IgC to elaborate the text of such
ILBI under the UNCLOS during the 2018.
56
In this context, considering that the EU is a party of the UNCLOS, in January
2018 the Commission recommended the Council of the EU to adopt a decision to
authorize the Commission to negotiate such instrument.
57 However, the Government
of the United Kingdom has expressed some perplexities about the proposal of the
Commission. Indeed, the Minister of UK Government (Sir Alan Duncan) indicates
that, even though the UK is a strong supporter of these negotiations (which align
with the Government’s 25 Year Plan to Improve the Environment), the proposal
raises legal concerns, which do not adequately reflect the fact that the negotiations
53 About such position, cf., Morris-Sharma (2016), pp. 78–79.
54 Decision 6862/16 of the Council, on authorising the opening of negotiations on behalf of the
European Union on the elements of a draft text of an international legally binding instrument under
the United Nations Convention on the Law of the Sea on the conservation and sustainable use of
marine biodiversity of areas beyond national jurisdiction, 15 March 2016, p. 1.
55 For the report of the PrepCom, see http://www.un.org/ga/search/view_doc.asp?symbol¼A/AC.
287/2017/PC.4/2.
56 The organizational session of the IgC was held on 14–16 April 2018 at the Headquarter of the UN
in New York. The first session of the IgC will be held on 4–17 September 2018. For the official
calendar of the meetings, see http://www.un.org/depts/los/reference_files/calendar_of_meetings.
htm.
57 See European Commission, Recommendation for a Council Decision, on authorising the opening
of negotiations on an international legally-binding instrument under the United Nations Convention
on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas
beyond national jurisdiction, 4 January 2018, COM(2017) 812 final, p. 2.
21 The EU and the UN Legally-Binding Instrument on the Areas Beyond National. . .
413
apply.
53
5 The EU’s Pragmatic Position on the ABNJ: A Possible
Third Way to Walk on?
On 19 June 2015, the UNGA decided to establish, prior to holding an intergovernmental conference (IgC), a Preparatory Committee (PrepCom), to make substantive
recommendations to the UNGA on the elements of a draft text of an international
legally binding instrument under UNCLOS.
In March 2016, the Council decided
54 to authorise the Commission to negotiate,
on behalf of the EU as regards matters falling within the EU’s competence and in
respect of which the EU has adopted rules, on the elements of a draft text of the
ILBI. The PrepCom held four sessions over a period of 2 years, namely 2016 and
2017. At its last session, held from 10 to 21 July 2017, the PrepCom adopted its
report to the UNGA,
55 in order to take a decision, as soon as possible, on the
convening of an IgC under the auspices of the UN. On the basis of these recommendations, the UNGA also decided to convene an IgC to elaborate the text of such
ILBI under the UNCLOS during the 2018.
56
In this context, considering that the EU is a party of the UNCLOS, in January
2018 the Commission recommended the Council of the EU to adopt a decision to
authorize the Commission to negotiate such instrument.
57 However, the Government
of the United Kingdom has expressed some perplexities about the proposal of the
Commission. Indeed, the Minister of UK Government (Sir Alan Duncan) indicates
that, even though the UK is a strong supporter of these negotiations (which align
with the Government’s 25 Year Plan to Improve the Environment), the proposal
raises legal concerns, which do not adequately reflect the fact that the negotiations
53 About such position, cf., Morris-Sharma (2016), pp. 78–79.
54 Decision 6862/16 of the Council, on authorising the opening of negotiations on behalf of the
European Union on the elements of a draft text of an international legally binding instrument under
the United Nations Convention on the Law of the Sea on the conservation and sustainable use of
marine biodiversity of areas beyond national jurisdiction, 15 March 2016, p. 1.
55 For the report of the PrepCom, see http://www.un.org/ga/search/view_doc.asp?symbol¼A/AC.
287/2017/PC.4/2.
56 The organizational session of the IgC was held on 14–16 April 2018 at the Headquarter of the UN
in New York. The first session of the IgC will be held on 4–17 September 2018. For the official
calendar of the meetings, see http://www.un.org/depts/los/reference_files/calendar_of_meetings.
htm.
57 See European Commission, Recommendation for a Council Decision, on authorising the opening
of negotiations on an international legally-binding instrument under the United Nations Convention
on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas
beyond national jurisdiction, 4 January 2018, COM(2017) 812 final, p. 2.
21 The EU and the UN Legally-Binding Instrument on the Areas Beyond National. . .
413