4 International cross-sector co-operation on the marine environment
Norway has a vested interest in how maritime areas and ocean resources are managed. Norway has jurisdiction over and responsibility for a maritime area, which is six times larger than its land area. Norway is also a net recipient of pollution from other countries, which is carried to its shores by ocean currents and on the wind. Our long and exposed coastline causes concern in the light of a possible increase in the transport of environmentally harmful substances by sea off the Norwegian coast; e.g. oil and nuclear waste. Norway must therefore make a strong commitment to establishing framework conditions governing the management of maritime areas and natural resources at international level. International work on the marine environment is of great importance to Norway.
International agreements entail a number of obligations. The Government believes it is extremely important for Norway to live up to its obligations pursuant to the international agreements to which it is a party; this is important both out of consideration for the environment and because of the need to maintain Norway’s credibility. The Government also wants to strengthen the compliance mechanisms set out in international conventions on the environment, including mechanisms providing for sanctions and liability/compensation.
Issues relating to marine environment issues are discussed in a number of international fora both at the global and regional level. Norway’s positions in various fora in connection with all the ongoing processes of significance to the marine environment need to be co-ordinated and based on a thoroughly thought out and comprehensive and integrated national policy on the marine environment. This chapter gives an overview of the most important (general) international agreements and processes of significance to the marine environment and Norway’s priorities in respect of this work.
4.1 Global co-operation
The Government intends:
to continue to use the UN Convention on the Law of the Sea as the overall legal framework for all measures in the marine sector;
to submit proposals to step up debate on maritime issues and questions relating to maritime law in United Nations;
to pass on information on experience and objectives relating to co-operation between the North Sea states as input for global co-operation in connection with the World Summit in Johannesburg;
to help improve implementation of UNEP’s global plan of action (GPA) for the protection of the marine environment from land-based activities; and
to continue to be active in the IMO in pressing for better environmental legislation in relation to shipping.
The UN Convention on the Law of the Sea of 1982 provides the overall legal framework for all national, regional and international measures in the marine sector. Part XII of the convention deals with protection and conservation of the marine environment in the presence of pollution, while Parts V-VII address conservation and management of natural resources, including biological diversity. The Convention on the Law of the Sea contains a number of provisions designed to combat pollution of the seas and oceans by different sources and to promote international co-operation in this area. It contains obligations to adopt national legislation to counter marine pollution and to participate in the drawing up of regional and global rules to this end. Contracting states must also fulfil their obligations under the terms of other environmental agreements in a way which is compatible with the principles and objectives set out in the Convention. Norway attaches great importance to strengthening and developing the system provided for under the Convention in future work relating to international maritime law.
The Convention on the Law of the Sea came into force in 1994 and since then discussions have taken place every year in the UN General Assembly to assess the degree of implementation of the convention along with new trends in the area of maritime law. The debate takes place on the basis of an annual report by the Secretary-General. The United Nations General Assembly is the most important forum for the development of global policy in the field of the law of the sea and is for the moment the only forum with such broad terms of reference. It has been suggested that more co-ordination is needed between various international bodies and negotiators responsible for maritime issues and questions relating to the law of the sea. In 1999 the General Assembly adopted a resolution on the creation of an informal consultation procedure for a trial period of three years. This consultation procedure would lay the foundations for debate in the General Assembly and would in particular aim at identifying areas in which co-operation and co-ordination could be improved. The final meeting under this consultation procedure will take place in April 2002 and the 57th session of the General Assembly in the autumn of 2002 will then assess the outcome of the procedure along with its future. Norway is at present considering different alternatives for addressing maritime issues in the best possible way within the UN system; these include the possibility of referring these issues to one of the principal committees reporting to the General Assembly or of setting up a select committee for maritime issues and issues relating to the law of the sea.
The UN conference on the environment and development held in Rio in 1992 placed maritime issues on the agenda via, for instance, the adoption of Chapter 17 in Agenda 21, which deals with the management of maritime and coastal areas. In August/September 2002 the World Summit on Sustainable Development will be held in Johannesburg, South Africa on the occasion of the tenth anniversary of the «Earth Summit» in Rio. In the run-up to the summit a review will be conducted of developments since 1992 and results achieved, including those relating to Chapter 17 in Agenda 21, and new challenges will be identified. Norway takes the view that much has been achieved since 1992, pointing out at the same time that much better implementation of the agreements and programmes adopted is still needed, along with better co-ordination of different international processes. The Government is anxious to ensure that the outcome of the North Sea Conference is taken into account in preparations for the summit in Johannesburg. This applies in particular to rendering the ecosystem approach operational (this approach is described earlier on in this Parliamentary Report, cf. Chapter 2.2.3), to addressing the problem of ballast water and to bans on transplanting GMOs in the marine environment and radioactive discharges. Norway will, furthermore, be stressing the need to ensure the application of the Convention on the Law of the Sea and of generating more debate on maritime law in the UN as part of the preparations for the summit in Johannesburg.
One of the most important outcomes of Agenda 21 on the marine environment front was the adoption of a global programme of action on the protection of the marine environment from the effects of land-based activities (GPA) which are responsible for around 80 % of pollution in the marine environment. This plan, which was drafted under the auspices of UNEP, is not legally binding. What it does is specify objectives and measures at global, regional and national level. The first conference to discuss implementation of the plan was held in Montreal, Canada in November 2001. At this conference a ministerial declaration was adopted whereby countries commit themselves to stepping up implementation of the plan of action. The conference also endorsed the idea of drawing up a separate Strategic Action Plan on Municipal Wastewater as an area where there are major health and environmental problems in a number of developing countries.
The Government regards the GPA as a balanced and practical programme for the implementation of measures to address land-based activities and does not therefore see any need for a global convention in this area. Norway will continue to play an active part in the implementation of the GPA, will try to channel aid towards projects which help fulfil the aims of the plan and will also contribute to strengthening scope for funding at international level. Norway has already spoken out in favour of general enhancement of the role played by UNEP, its powers and its funding. Giving UNEP more muscle in this way will prove valuable when implementing the GPA and the UNEP Regional Seas Programme
The UN’s maritime organisation, the IMO, has adopted a number of global conventions, which help protect the marine environment. Much of the work in this area is done in the IMO’s environment committee (the MEPC) in connection with follow-up to the MARPOL Convention on pollution from shipping. In October 2001 the IMO adopted a new convention on control of harmful anti-fouling agents used on the hulls of ships. The convention entails a ban on the use of the ecotoxin tributyl tin (TBT) on ships as of 1 January 2003 and a total ban on the presence of TBT on ships’ hulls as of 1 January 2008. It is vital that the convention come into force quickly and the Government intends to ratify it as soon as possible. Work taking place in the IMO on a new convention on ballast water is referred to in Chapter 3.6.2.
4.2 Priority issues for regional co-operation and bilateral co-operation with Russia
The Government intends:
to continue to be a driving force in regional work on the marine environment;
to focus on ecosystem-based management of the marine environment, discharges of ballast water and radioactive discharges in its capacity as host of the North Sea Conference in March 2002;
to encourage Russia to become a party to the OSPAR Convention and to accede to the global ban on dumping of all types of radioactive waste pursuant to the London Convention;
to demand that the British Government take immediate steps to significantly reduce discharges of technetium-99 into the sea; and
to work towards strengthening international legislation on the transport of radioactive waste, while trying to get bilateral agreements on notification of countries concerned about these cargoes.
The most important regional fora for this area of work is the OSPAR Convention (the Convention on the Protection of the Marine Environment in the Northeast Atlantic), the North Sea Conferences, co-operation within the context of the Arctic Council and bilateral co-operation with Russia. The Nordic Council of Ministers (the group responsible for maritime and atmospheric issues) also has maritime issues on its agenda and in addition these problems are addressed in the context of co-operation regarding the Barents Sea. In 2002 Norway has the Presidency of the Nordic Council of Ministers and Norway’s programme for the presidency highlights the need to protect our seas, coastline and sources of freshwater. Norway will be focusing on how joint Nordic action and initiatives can back up work in the field of the marine environment.
In the context of regional co-operation the Government will be giving priority to measures to combat discharges of pollutants, pollution from shipping and other activities which affect Norwegian maritime areas. Agreements on hazardous substances and radioactive substances will be given special attention.
Work within the framework of the OSPAR Convention is of major importance to Norwegian maritime areas since co-operation in this context covers land-based sources, dumping of waste at sea, discharges from offshore installations and protection and conservation of ecosystems and biological diversity. The OSPAR Commission has adopted ambitious strategies on environmental pollutants, radioactive substances, combating eutrophication, conservation of the ecosystems, biological diversity and environmental objectives for offshore activities.
As the country hosting the Fifth North Sea Conference in Bergen in March 2002 Norway has a particular responsibility for the agenda of this conference. One of the main challenges will be making the principle of ecosystem-based management of the North Sea operational and concrete, which would be in line with the approach at national level. The fixing of environmental quality objectives in a number of areas ( e.g . for sea birds and threatened species and habitats) and good management principles will be important. The conference will also provide an opportunity of focusing on topical issues such as the transport of environmentally harmful substances in the North Sea area, discharges from Sellafield and regulation of discharges of ballast water. At the same time, the conference can be used as a round of regional preparations for the summit in Johannesburg.
Norway has repeatedly raised the issue of discharges from Sellafield with the British authorities. The Government will be demanding through OSPAR and the North Sea Conferences that the British Government take immediate steps to significantly reduce the discharges of technetium-99 into the sea. As mentioned in Chapter 3.4.2 the Government is also undertaking an assessment of the grounds Norway may have under the terms of international conventions for instituting legal proceedings against the British.
Another important issue for the northerly maritime areas will be future developments in the utilisation of natural resources in Russian territorial waters and on the Russian continental shelf. Extraction of marine resources and increased petroleum exploitation activities, along with their accompanying requirements in terms of transport, will have an effect on the marine environment. The joint Norwegian-Russian Environment Protection Commission, which has been operational since 1988 therefore attributes high priority to marine environment issues in general and contingency plans to combat oil pollution in particular. The commission’s Marine Environment Group has conducted projects involving assessments of consequences, assistance to the Russians in the context of implementation of the OSPAR rules and regulations and co-operation on criteria for the monitoring of the northern maritime areas. Norway has had an agreement with Russia on contingency plans to combat oil pollution since 1994. This agreement provides a framework for co-operation on conducting joint exercises on combating oil pollution, and for assessing the risks associated with increased petroleum exploitation activities and their effects on the environment in the North. Norwegian support for measures to improve the Russian oil pollution contingency plans will be assessed on an ongoing basis. Work on an integrated management plan for the Barents Sea will be an important part of co-operation with Russia.
Marine environment issues have been a focus of interest in the Arctic Council, too. It was Norway who took the initiative in setting up the working group for the protection of the Arctic marine environment (PAME). This working group has drawn up guidelines for offshore oil and gas extraction in the Arctic and a regional plan of action for the protection of the marine environment based on the global plan (GPA). Norway is the lead country for work on shipping issues in PAME and in 2000 worked out a report on the environmental consequences of shipping in the Arctic. AMAP, the environment monitoring programme, has been of importance in fixing priorities in respect of measures to fight pollution in the northern areas. The Government will continue to give priority to research on the Arctic and monitoring of the region and will encourage Russia to become a signatory to international environmental agreements, in particular the protocol of 1998 on persistent organic compounds ( e.g. PCBs) established under the auspices of the UN-ECE.
Figure 4.1 Predominant transport routes in the atmosphere for chemicals input to the Arctic. The main source of environmentally hazardous substances in the northern areas is long-range pollution, although local sources also play a part. Svalbard and the maritime areas around it are particularly exposed due to atmospheric conditions and the fact that the Gulf Stream carries pollution from the large industrial sites in Central Europe and the east coast of North America to this area.
Source Norsk Polarinstitutt (Norwegian Polar Institute)
Co-operation on environmental issues in the Euro-Arctic Barents region (the Barents co-operation) has up to now only addressed the marine environment to a modest degree. The Barents co-operation does, however, present an opportunity for compiling more material than would be possible through bilateral co-operation alone. The Government will be pressing for a survey of plans and measures in place to combat pollution in the Barents Sea in order to find out how much co-operation is needed.
Norway will encourage Russia to become a contracting party to the OSPAR Convention since its geographical coverage includes maritime area off Northwest Russia. This could be useful in connection with land-based sources on the Russian side of the border and with offshore activities in the Barents Sea. Russia has drawn up a national plan of action to protect the maritime areas in the north from pollution from land-based sources based on recommendations in the global plan (GPA). Measures provided for under the plan should help Russia participate in the work of OSPAR.
Russia has not associated itself with the global ban on dumping of all types of radioactive waste under the terms of the London Convention (on dumping of waste at sea); this convention dates back to 1972, a protocol having been added in 1996. Norway together with the United States has been helping Russia build a reprocessing plant for liquid radioactive waste in Murmansk to put the country in a position to sign up to the ban on ocean dumping. Japan has provided financial assistance for the construction of a similar plant in the Vladivostock area. The technical conditions for Russia’s accession to the ban on dumping should now have been met and the Government wants to use the bilateral co-operation with Russia to try to make progress in this direction. The Russians said that they would be willing to do this in conjunction with the inauguration of the plant in Murmansk in June 2001.
Plans to transport nuclear waste by sea off the Norwegian coast are a source of major concern in the coastal regions of Norway, particularly up north. These shipments may be on the agenda in two connections. Firstly, opening the way for imports of spent nuclear fuel to Russia could lead to shipments of such fuel from Europe to Northwest Russia for transshipment and reprocessing in, for instance, Mayak. Secondly, shipments of highly active waste (HLW) and MOX fuel by sea have already been taking place between Japan and the reprocessing plants in Sellafield and La Hague for many years. These shipments could be re-routed to follow the northern passage and would thus pass close to the Norwegian coast. The Government in collaboration with other countries concerned therefore intends to make it clear to the countries involved in these shipments that the transport of radioactive waste and nuclear fuel close to the Norwegian coast is something we do not want to see. Norway will also be pressing for stricter international regulations, including an effective system of compensation and a requirement for advance warning of shipments of radioactive materials by sea. Pending the adoption of international regulations the Government will try to conclude bilateral agreements on notification of such shipments.
Establishing marine protected areas is an increasingly topical issue in international and regional fora. Many of the threats to natural marine resources represent common international challenges, while the natural assets in the marine environment constitute a large cross-border complex. The Government therefore feels it is important to increase international co-operation in the relevant international fora in this area, too. The OSPAR Convention is of particular importance since the contracting parties adopted a dedicated work programme for the development of a series of marine protected areas in 2000. Norway is anxious to make an active contribution to work in this regard. In the areas in the far north co-operation with the Arctic Council on setting up a network of protected areas (CPAN) is particularly relevant. It has been decided that this work will focus on protection of the marine environment. Norway has been a main contributor to this work, which is followed up at national level via protective measures on Bjørnøya and in adjacent territorial waters and there are also plans for new protected areas on Svalbard.