The legal regime for trans-Arctic shipping is complex and consists of the framework laid down in UNCLOS (United Nations Convention on the Law of the Sea) as well as IMO (International Maritime Organisation) instruments. Presently, some coastal states have unilaterally laid claim to parts of the region and have put in place discriminatory practices, to the disadvantage of ships registered in non- Arctic States.

Commenting on these practices, ECSA Secretary-General Patrick Verhoeven underlined that “freedom of navigation and the right to innocent passage are principles that should take precedence over the rights of coastal states to unilaterally prescribe standards in the Arctic” and added that “this should be one of the pillars of a future EU policy for the region.”

Furthermore, there is a lack of legally binding IMO standards. Thus, ECSA calls for the adoption of a mandatory code on polar shipping, an initiative on which the IMO embarked upon in2010, the so-called “IMO Polar Code” which is expected to become mandatory in 2015.

“Adopting the IMO Polar Code is in our view the fastest and most efficient way to develop a comprehensive and consistent legal framework for safety and environmental matters in this sensitive ecosystem” remarked Mr Verhoeven.

These recommendations are part of a position paper ECSA issued on a future EU policy on the Arctic region, which further includes a call for the development of reinforced infrastructure and technology such as navigation aids, weather forecasts, bunkering facilities, monitoring of drifting ice, port reception facilities for ship’s waste, possible ice-breaking assistance, as well as search and rescue, which are critical in a region with such extreme prevailing weather conditions.

“Infrastructure and technology tailored to the special needs of the North Pole should accompany the development of a legal framework” specified Patrick Verhoeven, before concluding that “the EU should ensure via the IT means at its disposal but also via the special weight of its Member States in the IMO, that the practical needs of shipping in the arctic region are met.”

Lastly, ECSA recognises that EU observer status in the Arctic Council could be an added value for the future development of the region, since the Council is an intergovernmental forum and not a regulatory body.

Background

As climate change alters the arctic landscape and the extent of ice-covered areas shrinks, maritime transport in the world’s northernmost region has become a widely discussed issue due to its growing strategic importance. The development of technology that enables operations in hostile and remote environments has ushered a new era of transport routes in the region. These developments have spiked the interest of the shipping community and of exporting and importing countries, such as China with its booming economy and trade, as an opportunity to increase their global competitiveness.

This increased interest in arctic shipping prompted the European Commission to get involved in the subject by issuing two Communications in 2008 and 2012 respectively, in which the potential for sustainable development in the Arctic region was touched upon. The Commission thus lays the foundations of a future comprehensive EU policy for the Arctic regionand, further to the Council’s request, will present proposals for the further development of an integrated and coherent Arctic Policy by December 2015.

 

The ECSA position paper on the EU Policy towards the Arctic region can be downloaded here

 

For more information please contact:

Benoît LOICQ
Director – Maritime Safety and Environment
Phone + 32 2 510 61 25
benoit.loicq@ecsa.eu

or

Dimitrios BANAS

Manager – Communication and Information, Social Affairs
Phone +32 2 510 61 22
dimitri.banas@ecsa.eu