Logo Assembly Logo Hemicycle

Towards Council of Europe strategies for healthy seas and oceans to counter the climate crisis

Resolution 2546 (2024)

Author(s):
Parliamentary Assembly
Origin
Assembly debate on 18 April 2024 (12th sitting) (see Doc. 15956, report of Committee on Social Affairs, Health and Sustainable Development, rapporteur: Ms Yuliia Ovchynnykova). Text adopted by the Assembly on 18 April 2024 (12th sitting). See also Recommendation 2273 (2024).
1. Our planet’s seas and oceans are complex ecosystems that are vital for sustaining biodiversity and the livelihood of humans, as well as for regulating the global climate. According to the United Nations (UN), oceans and seas provide 50% of the oxygen needed for life, absorb a quarter of all carbon dioxide emissions and capture 90% of the excess heat generated by those emissions. They are not only the lungs of the planet but also its largest carbon sink and play a crucial role in tackling climate change. Representing 71% of the world’s surface, they are essential to life and the economy, in particular transport. However, just like terrestrial landscapes, seas and oceans suffer from the triple crisis of pollution, loss of biodiversity and climate change.
2. Healthy seas and oceans can be our allies in mitigating the triple crisis and the associated threats of a social, economic and political nature. As seas and oceans are at the heart of human and environmental vulnerabilities, preserving their health is in the direct interest of humankind. In this context, the Parliamentary Assembly underscores the responsibility of member States of the Council of Europe in the realisation of the United Nations Sustainable Development Goals (SDGs) and, in particular, SDG 14: conserve and sustainably use the oceans, seas and marine resources for sustainable development. The Council of Europe should contribute to bringing the human dimension of maritime activities to the fore and ensure that European standards apply more widely in order to raise the level of protection of human rights.
3. Following the Reykjavik Summit of Heads of State and Government of the Council of Europe (on 16 and 17 May 2023), political recognition of the right to a clean, healthy and sustainable environment paves the way for better protection and the full exercise of the human rights of current and future generations. The Assembly therefore highlights the duty and challenge to fully acknowledge the need to work on climate resilience, to repair harm and to preserve the maritime heritage for future generations as part of the Reykjavik Process. Addressing the condition of seas and oceans from a human rights perspective implies a more adequate consideration of major problem areas linked to the fishing industry, exploitation of the mineral resources in the seabed (in particular deep-sea mining), protection of coastal populations, discharge of plastic waste and chemical pollution, proliferation of ships flying “flags of convenience” and unsafe reuse or dismantling of ships.
4. The Assembly recalls its Recommendation 1888 (2009) “Towards a new ocean governance”, which called for novel approaches to managing oceans and seas. It welcomes the historic agreement which led to the adoption, on 19 June 2023, of the Marine Biodiversity of Areas Beyond National Jurisdiction Treaty (also known as the BBNJ or High Seas Treaty) under the auspices of the United Nations. This agreement covers international waters whose protection was previously fragmented and not included in the understanding of the territorial or internal waters of a State in line with the United Nations Convention on the Law of the Sea (UNCLOS, “Montego Bay Convention”). The new treaty fundamentally changes the governance arrangements both inside and outside territorial waters. The high seas are now regarded as a “global public good” which covers a little over half of the surface of the globe, or 64% of the oceans.
5. The Assembly notes that the preservation of the biodiversity of seas and oceans is one of the objectives of the Convention on the Conservation of European Wildlife and Natural Habitats (ETS No. 104, “Bern Convention”) and considers that this convention provides a good basis on which to contribute to better protection of the seas and oceans around Europe. The activities of the Standing Committee of the Bern Convention should be further strengthened to protect marine ecosystems effectively and safeguard the rights of future generations.
6. The Assembly therefore calls on the Council of Europe member and non-member States to:
6.1 support the implementation of major international treaties governing the protection of marine life:
6.1.1 the UNCLOS, which is the main component of the legal framework applying to the seas and oceans;
6.1.2 the European Union Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing;
6.1.3 the International Maritime Organization (IMO) Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (“London Convention”) of 1972;
6.1.4 the IMO International Convention for the Prevention of Pollution from Ships, of 1973, aimed at preventing pollution of the marine environment by ships, whether as a result of operational or accidental causes;
6.1.5 the Kunming-Montreal Global Biodiversity Framework of 2022 and the European Union Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (“Habitats Directive”) of 1992, which protect the seabed and marine species, among other things;
6.2 sign and ratify the UN High Seas Treaty so that 60 ratifications can be achieved and it can enter into force in 2025;
6.3 support the Bern Convention and stabilise the resources allocated to its implementation;
6.4 consolidate the link between human rights and the environment, including the seas and oceans dimension, through the Reykjavik Process, and work towards agreeing a comprehensive Council of Europe strategy in this field;
6.5 incorporate the seas and oceans dimension into their national policies to tackle the climate crisis, including policies related to mitigation, adaptation and resilience, and ensure adequate involvement of the population whose livelihood directly depends on the health of seas and oceans, notably with regard to fishing activities and exploitation of coastlines;
6.6 guarantee the rights enshrined in the UN Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (“Aarhus Convention”) of 1998, and provide intelligible information to the public;
6.7 raise public awareness of the issues of overfishing and illegal fishing and expand public participation in decision making aimed at addressing these problems;
6.8 ensure a broad, democratic and transparent mandate for the UN’s international legally binding instrument, which should be completed by the end of 2024, aimed at putting an end to plastic pollution, including in the marine environment, in order to address the entire life cycle of plastic waste and not only its release into oceans and seas;
6.9 provide for effective, proportionate and dissuasive penalties for those responsible for any marine pollution, including the possibility of prison sentences in cases of deliberate pollution;
6.10 strengthen their legal arsenal and power to introduce a new offence that would make it possible to criminally prosecute those who harm the health of seas and oceans;
6.11 contribute to the work of the International Maritime Organization with a view to bringing the human dimension of maritime activities to the fore, by promoting the application of key European human rights standards so that every sector of global maritime activity achieves a high level of human rights protection;
6.12 promote the codification of the term “ecocide” at national, regional, European and international levels;
6.13 ask national parliaments to raise awareness among their parliamentarians of the issue of the right to a healthy environment in general and in particular in relation to marine environment and maritime law;
6.14 support Black Sea mine clearance initiatives and activities.
7. The Assembly invites member States to consider “An Environmental Compact for Ukraine. A Green Future: Recommendations for Accountability and Recovery”, proposed by the High-Level Working Group on the Environmental Consequences of the War in Ukraine, concerning the environmental damage affecting the Black Sea. The Assembly encourages Ukraine to co-ordinate activities with allied States that border the Black Sea in order to:
7.1 collect and analyse information on mines and unexploded ordnance in the Black Sea, water pollution levels and other effects of the war on animal and sea life and on biodiversity;
7.2 establish a standing body to report regularly on the environmental impact of the war and transmit this information to the Commission on the Protection of the Black Sea Against Pollution and other relevant international institutions, together with recommendations to address this damage and prevent further harm.
8. With regard to good governance of marine resources, the Assembly invites member States to create networks of marine protected areas (MPAs) across Europe’s seas, in order to:
8.1 better identify the elements of biodiversity in MPAs and build a comprehensive inventory of marine resources with a view to optimising their conservation;
8.2 improve understanding of how marine systems are interconnected in order to ensure better designation and planning of MPAs at the regional level;
8.3 improve reporting mechanisms, data flows and knowledge sharing across Europe regarding marine areas with protected species and habitats, as well as experience in management regimes designed to protect marine life and observation of how marine life reacts to stress;
8.4 measure and assess the extent to which MPAs and their networks are achieving their intended purpose.
9. Lastly, the Assembly invites European Union member States to protect and restore 30% of the European Union’s marine areas by 2030 by expanding MPAs with the goal of stopping trawling in those areas and calls on the non-European Union countries to draw inspiration from those measures to improve their domestic legislation.