RESOLUTION on the need and on the definition of a common position by the Member States of the Community at the Third UN Conference (9th session) on the Law of the Sea and on the participation of the Community in its own right in the agreements to be concluded at the end of the conference

The European Parliament,

- having regard to its resolution of 13 May 1977 on the Conference on the Law of the Sea as it affects the European Community (1),

(1) OJ No C 133, 6.6.1977, p. 50.

- having regard to the EEC Treaty and in particular Articles 38, 43, 113, 116, 228 and 235 thereof,

- having regard to the opinions of the Court of Justice of the European Communities Nos 1/75, 1/76 and 1/78,

- having regard to the decision of the Court of Justice of the European Communities of 14 July 1976 (2),

(2) Cases 3, 4 and 6-76, Kramer (CJEC Reports 1976, p. 1279).

- having regard to the guidelines dated 20 and 27 July 1976 drawn up by the Council for the Commission,

- having regard to the motion for a resolution tabled on behalf of the Group of the European People's Party on the adoption of a common position by the European Community at the Third UN Conference on the Law of the Sea (Doc. 1-434/79),

- having regard to the report of the Legal Affairs Committee and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Agriculture and the Committee on Transport (Doc. 1-725/79),

- considering that the object of the Third UN Conference on the Law of the Sea is to establish a new world-wide legal framework defining with regard to sea areas a new economic order and ensuring that due account is taken of the traditional principle of freedom of the seas and the new concepts of appropriation and protection,

- considering that the prospective agreement must take account of the legitimate interests both of the industrialized countries and the countries of the Third World, particularly those with which the Community is associated through the Lomé II Convention, and also of the interests of the Member States of the Community and of the Community itself,

1. Reaffirms the need for the Community and its Member States to adopt a common position at each stage in the work of the Third UN Conference on the Law of the Sea;

2. Invites the Member States to coordinate their positions on all matters considered at the conference even if outside the scope of the EEC Treaty;

3. Asks the Commission and the Member States to continue their efforts to enable the Community to be a party to the future convention in its own right with the same rights and obligations as the States for the purposes of such matters as fall within Community competence;

4. Notes that the progress made in the work of the conference gives hope that a global agreement may soon be reached and stresses that the Community and its Member States must contribute actively to the reaching of such an agreement;

5. Affirms that the appropriation of sea areas resulting from the extension of the territorial sea, from the definition of an exclusive economic zone and from that envisaged for the continental shelf must be accompanied by safeguards in respect of freedom of navigation and in particular of free passage through straits, freedom to lay submarine cables and pipelines, freedom of overflight, which safeguards have already been broadly accepted by the States attending the conference;

6. Stresses the need to safeguard the freedom to carry out marine research and industrial activities associated with the sea;

7. Considers that the International Sea-Bed Authority will have to be constituted with a satisfactory form of participation by the Community and its Member States and that its powers will have to be clearly defined and strictly limited, it being understood that the Enterprise which will be responsible for the exploitation of the seabed, should under no circumstances occupy a position of privilege in relation to other operators and that access to exploitation must be available to all on fair non-discriminatory terms;

8. Emphasizes the importance of the provisions for the adequate control of pollution at sea, particularly from hydrocarbons, by the control, piloting and policing of oil tanker traffic;

9. Recommends that disputes be settled by means of an arbitration procedure that ensures both a prompt hearing and due confidence in the judicial process;

10. Asks to be kept informed on a regular basis of the work of the Conference;

11. Instructs its President to forward this resolution together with the Annex hereto and the report of its committee to the Council and Commission and to the parliaments and Governments of the Member States.

ANNEX on fisheries questions

The European Parliament,

1. Points out that the Community has acquired the right to exercise jurisdiction on fisheries policy within the 200 mile exclusive economic zone;

2. Stresses at the same time the need to ensure that provisions of a future Convention should not undermine in any way the Community's ability to implement all fisheries management and conservation measures in the exclusive economic zone, including control of access of all fishing vessels, support vessels, vessels transhipping fish at sea and processing vessels;

3. Warns against any possible exclusion of Community fishermen from high seas fishing grounds resulting from claims to exercise jurisdiction of marine resources above the Continental Shelf beyond 200 miles;

4. Points out the mutual advantages which can accrue from fisheries cooperation policies, including access and technological tranfer, with the developing countries; and calls, therefore, for a greater understanding of the particular problems of the developing countries, and especially their technological requirements.