EN Official Journal of the European Union C 458/61

Opinion of the European Economic and Social Committee on the ‘EU Maritime Security Strategy’

(2014/C 458/11)

Rapporteur: Dr Bredima

On 20 November 2013 the European Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty on the Functioning of the European Union, on the Joint Communication

For an open and secure global maritime domain: elements for an European Union maritime security strategy

JOIN(2014) 9 final.

The Section for External Relations, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 17 July 2014.

At its 501st plenary session, held on 10—11 September 2014 (meeting of 11 September), the European Economic and Social Committee adopted the following opinion by 142 votes to 1 with 3 abstentions.

1. Conclusions and recommendations

1.1 The EESC welcomes the EU's demonstration of political will to place maritime security at the top of its political agenda. It supports the Joint Communication on elements of an European maritime security strategy (EMSS) and its holistic approach to coping with the multifaceted maritime threats. European civil society is directly concerned by the EMSS. The EESC endorses a strategic cross-sectoral approach to maritime security, building upon existing achievements without creating new structures. This approach will create jobs in line with the Europe 2020 growth strategy and make the maritime profession more attractive to seafarers.

1.2 The EESC endorses the proposed synergies between the European Commission, the European External Action Service (EEAS), the European Maritime Safety Agency (EMSA), Europol, FRONTEX, the European Defence Agency (EDA), the EU Military Staff, and the Crisis Management and Planning Directorate. It supports seeking transnational synergies between maritime activities whilst complying with the subsidiarity principle. A comprehensive EU approach, including a common understanding of the state of play, will ensure more efficient use of resources through better coordination of surveillance activities.

1.3 The EESC calls on the EU to do more to work with NATO's existing resources. It welcomes the positive results from co-location of their operational headquarters at Northwood, and proposes closer collaboration with the Chiefs of European Navies (CHENS), national coastguards and the EU Coast Guard Functions Forum based on the experience of FRONTEX and the European Patrol Network.

1.4 The EESC welcomes the ‘pooling and sharing’ initiative for the shared use of equipment capabilities and military/civilian engagement. This will require compatibility of maritime and naval capabilities standards. Cooperation and solidarity between Member States will help to optimise the use of available infrastructure and ensure cost efficiency.

1.5 Ratification and implementation of the 1982 UNCLOS Convention and of the 1988 Suppression of Unlawful Acts Convention (SUA) by EU Member States and other countries around the world will provide the legal basis for prosecution. The EESC reiterates the need for closer cooperation with the International Maritime Organisation (IMO) regarding implementation of its conventions dealing with maritime security.

1.6 Implementation of the International Ship and Port Facility Security (ISPS) Code should be stepped up in EU ports and in ports of third countries (in West Africa, for example), as a way of preventing piracy, armed robbery and cargo theft incidents. ISPS compliance is required for the scanning of containers which can act as Trojan horses in ports.

1.7 The EESC reiterates the need for more systematic tracking of the financial flows of piracy and of other illegal activities at sea in collaboration with the UN, NATO and the US.

1.8 There are concerns about the timely introduction and worldwide availability of approved courses for security training of seafarers, required as of 1 January 2014. The grace period from 1 January 2014 to 1 July 2015 provided by the IMO for state port control of compliance with certificates under STCW Regulation/VI/6 is welcome. The US Anti-Piracy Assessment Teams offer an example of best practice to be followed by the EU in terms of voluntary checks of anti-piracy preparedness on board ships.

1.9 The EESC notes that piracy prosecutions are failing to effectively deter due to the considerable variation in court sentences. A harmonised piracy law is required to face an international crime like piracy and put an end to impunity.

1.10 The Horn of Africa operation addressing the root causes ashore is a success story which, mutatis mutandis, can be used as a model in other areas. Decent living conditions ashore could make piracy less appealing. The EESC supports the extension of the Ocean Shield (NATO) and Atalanta operations when they come up for renewal.

1.11 The EESC urges the EU institutions to exert political and diplomatic pressure in response to the escalation of piracy in West Africa. The ECOWAS Economic Partnership Agreement (EPA) between the EU and 16 African States, the Cotonou Agreement and the EU-Africa Partnership can be a source of leverage. Facilitation of trade between the EU and ECOWAS requires safe trading and transport lanes. Nigeria should be offered assistance to upgrade its coastguard and be encouraged to allow other nations' armed guards to enter its waters.

1.12 The EESC welcomes the Council Conclusions on the Gulf of Guinea (17/03/2014), which must be translated into specific measures. Local civil societies should be involved to ensure better understanding of the local context, and supported to put pressure on their governments for solutions to the security challenges in the Gulf of Guinea.

1.13 A special EU representative for West Africa should be appointed, like for the Horn of Africa. The UN resolution (November 2013) on anti-piracy strategy in West Africa is to be commended. Cooperation of coastguards between East and West Africa should be stepped up.

1.14 Internationally agreed standards for maritime security companies should be introduced. The ISOPAS 28007 standard will ensure a level playing field for private armed guard companies globally.

1.15 The EESC commends intensification of maritime surveillance to provide timely awareness of illegal acts at sea through reinforced cooperation between EMSA, FRONTEX and the Joint Research Centre (JRS). Maritime security research and development should be expanded in cooperation with the JRC.

1.16 Regarding the great human tragedy of irregular immigration by sea, the EESC reiterates the need: — to develop an European immigration policy taking into account its external and internal dimension; — to reach agreements with immigrants' countries of origin and transit in order to combat criminal networks engaged in human trafficking and pursue criminal proceedings in cooperation with Europol/Interpol; — to develop a list of trafficking kingpins (along the lines of the list of piracy financiers) in order to clamp down on money laundering; — to reinforce and finance FRONTEX so that it can be a genuine European Border Agency; — to cooperate with civil society in the countries of departure of irregular immigrants to dissuade them from life-threatening journeys; — to develop coastguard activities to patrol and rescue migrants; and — to reinforce effective control of maritime external borders through the European Border Surveillance System (EUROSUR).

1.17 The EESC believes that the fundamental human rights, principles and values enshrined in EU law should be taken into account when implementing the EMSS and promoted in countries outside the EU.

1.18 The EESC welcomes the proposal to forge partnerships between all maritime security stakeholders at EU level and within the Member States, including industry, the social partners and civil society. Implementation of existing legislation in cooperation with the social partners should make for a more cost-effective approach to maritime security.

2. Introduction

2.1 The importance of global maritime flows for the EU has increased as a result of globalisation. Illegal activities at sea have grown in number and complexity, putting pressure on the EU to adopt a holistic approach to address them. However, maritime monitoring is challenging given the vastness of the EU's coasts and oceans.

2.2 This is a shared international responsibility requiring strong partnerships with countries outside the EU and regional organisations. The European Security Strategy (ESS) did not refer to the maritime dimension, except by identifying piracy as a threat. The European Integrated Maritime Policy (IMP) addressed maritime issues but hardly touched upon the security dimension. The EMSS was adopted in response to the pressing need to revise the EU's approach to maritime security.

2.3 Joint Communication

2.3.1 The joint Communication ‘For an open and secure global maritime domain: elements for an European maritime security strategy’ (6/03/2014) from the European Commission and the European External Action Service is a first step towards an EMSS to be implemented by way of an Action Plan.

2.3.2 According to the Communication, maritime security depends on a strategic, cross-sectoral approach. Maritime security threats include territorial maritime disputes, proliferation of weapons of mass destruction, piracy, terrorism, cross-border and organised crime (trafficking of arms, drugs and human beings), unregulated and unreported fishing, and natural disasters.

3. General comments

3.1 The EESC welcomes the Joint Communication on elements for an EMSS to ensure an integrated and comprehensive approach to threats and opportunities at sea. The referral from the EEAS is welcomed as an opportunity to strengthen the relations between the EEAS and the EESC. The EMSS is centred on coordination between all European players and Member States with a stake in maritime security, and addresses the shortcomings of the IMP (2007).

3.2 An integrated approach should be taken at EU level combining civilian and military instruments and encompassing internal and external aspects of maritime security. Maritime nations should foster regional maritime integration leading to the pooling and sharing of critical naval assets in order to meet the EU's capacity needs.

3.3 The EESC has addressed the potential risks to maritime security (e.g. piracy, irregular immigration by sea, security in ports) in a number of opinions (1). Maritime security threats concern civil society, encompassing seafarers, shipowners, fishermen, exporters and importers, tourists, consumers, and local communities on the EU's coasts and islands. The huge cost of maritime piracy for consumers has been assessed. However, the cost to consumers of the multifaceted threats to maritime security has yet to be estimated.

3.4 The EU and its Member States should promote the universality of the UNCLOS Convention and insist on its uniform implementation. It provides a legal framework for maritime activities and can serve as a guide to the peaceful resolution of maritime disputes.

3.5 The EU strategy for the Horn of Africa should be used as a model for a comprehensive approach involving political, diplomatic, social and economic tools, and coordination among different EU initiatives, agencies and instruments, with a view to addressing the root causes of piracy. The EESC supports the Strategic Framework for the Horn of Africa combining three ongoing CSDP missions in the region (EUNAVFOR Atalanta, the EU training mission in Somalia, and EUCAP Nestor).

3.5.1 Shipowners and seafarers organisations (ICS, ECSA, ITF/ETF, the SOS ‘Save our seafarers’ group) have joined forces to raise awareness of the human and economic cost of piracy. The joint ECSA/ETF paper (September 2013) on piracy in the Gulf of Guinea reiterated the concerns of social partners. The EESC identified piracy as one disincentive to pursuing the profession of seafarer and undermining campaigns to attract people to the profession.

3.5.2 The EESC reiterates that the aim of all efforts should be to avoid endangering the physical and mental health of seafarers who fall victim to pirate attacks. The International Chamber of Shipping (ICS) has compiled guidelines with examples of good practice for use by shipping companies in assisting affected seafarers and their families.

3.6 The EU should promote maritime security capacity building in the Gulf of Guinea. Secure trade lanes are a prerequisite for the development of economic capacity. Maritime security should be seen as part of the EU's agenda to support local development and trade.

3.7 Criminal activity — trafficking of drugs, human beings and weapons — is increasing along the West African coastline. The Gulf of Guinea countries account for 13 % of oil and 6 % of gas imports to the EU, with Nigeria producing 5,8 % of the EU's oil imports. Recent discoveries of offshore oil and gas reserves will only increase the region's importance. The training provided for coastguards by the Critical Maritime Routes in the Gulf of Guinea Programme (CRIMGO) is welcome. Synergies should be sought between EU agencies and non-EU players in the interpretation of satellite images of vessels. Maritime awareness is key and private operators should help governments to get a fuller picture of the maritime domain. A reliable reporting system for incidents should be established in the Gulf of Guinea.

3.8 The Mediterranean Sea presents maritime security challenges (such as terrorism, illicit trafficking and immigration). Investment in maritime regional cooperation must involve intelligence, surveillance, patrolling and coastguard activities.

3.9 Delimitation of Exclusive Economic Zones in line with the UNCLOS Convention would help to ensure the peaceful resolution of territorial disputes, avoiding conflict over discoveries of offshore hydrocarbon reserves in the eastern Mediterranean Sea.

3.10 The EU has a strategic interest in deterring the escalation of regional conflicts in the Black Sea Region, so as to ensure energy security and diversification of its energy supplies.

3.11 Although overall security standards in EU ports are improving, security should be tightened through more rigorous implementation of the ISPS Code dealing with container security and port installations. The French report on ‘arms trafficking by sea’ (10 February 2014) highlights the illegal flows of conventional arms on container vessels. However, experience in the US has shown that it is not possible to scan 100 % of containers. Absolute security cannot be achieved in an insecure world.

3.12 EESC fully supports the view expressed in the Communication ‘The opening of possible transport routes through the Arctic and the exploitation of its natural and mineral resources will pose particular environmental challenges which must be managed with the utmost care, and cooperation with partners will be paramount’.

4. Specific comments

4.1 The EESC fully supports the on-board protective measures (best management practices) introduced by shipping companies, as well as the internationally agreed standards regarding private armed guards on ships.

4.2 The ‘Pooling and Sharing’ initiative taking advantage of the LeaderSHIP 2020 programme will foster networking among operators in the shipbuilding and repair sector.

4.3 Member States and industry should harmonise standards to ensure European operational compatibility of maritime and naval capabilities, including communication systems and technology.

4.4 Maritime Surveillance Networking (MARSUR), the work developed by EMSA, and the Copernicus programme should be implemented. EMSA has hosted maritime surveillance applications through SafeSeaNet, LRIT, CleanSeaNet and THETIS. The work of the Common Information Sharing Environment (CISE) to achieve an effective European maritime surveillance capacity is to be commended.

4.5 People rescued at sea are a security issue because they need to be brought to shore and documented. Search and rescue (SAR) services depend on ships to assist them. Satellite communications provide crucial assistance to rescue operations. Member States should apply the relevant IMO conventions and Guidelines on the Treatment of Persons Rescued at Sea, which provide guidance to governments and captains on their obligations.

4.6 The EESC underlines the need for implementation of the existing legal rules on places of refuge for ships in distress, which are a hazard to navigation and a threat to human life and the environment. Several incidents of delay in the provision of a place of refuge illustrate the need for a swift response by coastal states. The IMO Guidelines (Resolution A.949 (23) on Places of Refuge as well as those on the Control of Ships in an Emergency (2007), and the EU Vessel Traffic Monitoring and Information System (VTM Directive 2002/59, as amended by Directive 2009/17) provide the legal framework. It is imperative that all coastal states ratify and implement these legal instruments.

4.7 The EESC welcomes the EU's commitment to sustainable exploitation of fisheries resources, since illegal, unregulated, unreported fishing is a global criminal activity wherever it occurs. The EESC commends the recent EU decision to blacklist from its market illegal fisheries products from three countries in violation of the UNCLOS.

4.8 The EESC stresses the need to preserve the EU's biodiversity and maritime resources, be they fisheries or mineral resources in its territorial waters, from potential threats. Moreover, the efficiency of telecommunications depends on safeguarding the security of underwater cables and the efficiency of energy depends on safeguarding the security of pipelines.

4.9 Maritime security also involves guarding against contamination of seawater caused by nuclear accidents, illegal dumping of chemicals or major accidents involving pollutants. The EU is urged to work to preserve the ecological integrity of the maritime domain.

Brussels, 11 September 2014. The President of the European Economic and Social Committee Henri MALOSSE

(1) EESC opinion on European immigration policy and the relationship with third countries (not yet published in OJ).

OJ C 67, 6.3.2014, pp. 32-46.

OJ C 161, 6.6.2013, pp. 87-92.

OJ C 76, 14.3.2013, pp. 15-19.

OJ C 107, 6.4.2011, pp. 64-67.

OJ C 44, 11.2.2011, pp. 173-177.

OJ C 128, 18.5.2010, pp. 131-135.

OJ C 255, 22.9.2010, pp. 103-109.

OJ C 211, 19.8.2008, pp. 31-36.

OJ C 168, 20.7.2007, pp. 57-62.

OJ C 32, 5.2.2004, pp. 21–27.

OJ C 061, 14.3.2003, pp. 174-183.

Report and resolution of the European Parliament on the maritime dimension of the European Common Security Policy, 12 September 2013.