Considerations on COM(2021)1 - EU position at the meetings of the International Seabed Authority Council and Assembly - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)1 - EU position at the meetings of the International Seabed Authority Council and Assembly. |
|---|---|
| document | COM(2021)1  |
| date | January 5, 2021 |
(2) Pursuant to Article 162(2)(o)(ii) of the UNCLOS, the Council of the International Seabed Authority may adopt and apply provisionally, pending approval by the Assembly, the rules, regulations and procedures of the Authority, and any amendments thereto, taking into account the recommendations of the Legal and Technical Commission or other subordinate organ concerned. These rules, regulations and procedures shall relate to prospecting, exploration and exploitation in the Area and the financial management and internal administration of the Authority.
(3) The Council of the International Seabed Authority during its upcoming meetings is to adopt regulations on the exploitation of mineral resources in the Area.
(4) Pursuant to Article 160(2)(f)(ii) of the UNCLOS, the Assembly of the International Seabed Authority may consider and approve the rules, regulations and procedures of the Authority, and any amendments thereto, provisionally adopted by the Council pursuant to article 162, paragraph 2 (o)(ii). These rules, regulations and procedures shall relate to prospecting, exploration and exploitation in the Area, the financial management and internal administration of the Authority.
(5) It is appropriate to establish the position to be taken on the Union's behalf in the International Seabed Authority Council and Assembly, as the envisaged regulations will be binding on the Union, as party to UNCLOS and the Agreement relating to the implementation of PART XI of UNCLOS.
(6) It is also appropriate to establish the position to be taken on the Union's behalf in the International Seabed Authority Council and Assembly, as the regulations on exploitation of mineral resources in the Area will be binding on the Union and capable of decisively influencing the content of Union law, notably in the field of the protection of the marine environment.
(7) In matters relating to the protection of the marine environment, the EU and its Member States are bound by the precautionary principle (Article 191 of the TFEU) and the ecosystem based approach (Directive 2008/56/EC article 3.4 and 3.5, article 10 and Annexes I and VI; Regulation (EU) No 1380/2013 Article 2.3; Directive 2014/89/EU Article 5). This legal framework justifies the content of the proposed position to be taken on the Union’s behalf.
(8) Insofar as the Union is limited in expressing its position in the Council of the International Seabed Authority due to its limited observer status, the Union's position is to be expressed by the Member States of the Union that are members of the Council of the International Seabed Authority.