The role of the European Union in Arctic matters

Transcription

1 Th rol of th Europan Union in Arctic mattrs Mar Campins Eritja Univrsitat d Barclona Th Nunavut Branch of th Canadian Bar Association & Th Law Socity of Nunavut Fbruary 1, 2013

2 2 Summary Th EU, brifly Why is th EU intrstd on th Arctic? Intractions btwn th EU and th Arctic Is thr a rol for th EU in th Arctic govrnanc? Conclusion

3 3 Th EU, brifly Founding Traty (TEU, TFEU) Lgal status Mmbr Stats Prmannt institutions (Europan Council, Commission, Council, Europan Parliamnt, Court of Justic): Institutions rprsntation critria Dcision making procdur (co-dcision, QM + scurity ntwork v. 1 MS: 1 vot + doubl M) Filds of action (xclusiv or concurrnt) Govrnmnt (principl of confrral of powrs by sovrign MS) Dirct ffct & Suprmacy of EU law ECJ compulsory and binding jurisdiction

4 4 EU xtrnal rlations prioritis Filds of action: Trad Association and coopration agrmnts Dvlopmnt policy Th Common Forign & Scurity Polic and th Dfns Policy Crisis managmnt, conflict prvntion and pacbuilding Human rights and dmocracy Rgions: Europan Nighbourhood Policy (ENP): CIS, th Mditrranan rgion, th Middl East, Cntral Asia MS old colonial tis: Africa Asia and Latin-Amrica: Focus on trad and contractual rlations & Promotion of intrrgionalism Potntial mmbrship: th Balkans and Turky Th stratgic partnrs: USA, Canada, Russia and China

5 5 Th actors of th Arctic s policy: an EU prspctiv EU Mmbr Stats: Dnmark (coastal Stat via Grnland -but Grnland not part of th EU sinc 1985-; UNCLOS Party) Swdn (UNCLOS Party) Finland (UNCLOS Party) Associat Stats (EFTA-EEA): Icland (UNCLOS Party; candidat to EU accss) Norway (coastal Stat; UNCLOS Party; Svalbard Islands Traty) Stratgic partnrs: Canada (coastal Stat; UNCLOS Party) USA (coastal Stat, no UNCLOS Party) Russia (coastal Stat; UNCLOS Party)

6 6 Th prsnc of EU in th Arctic Th EU as an Arctic actor: 3 Arctic Mmbr Stats (Dnmark, Swdn & Finland) + (Icland whn it accds to th EU). Th EU as a lading contributor to Arctic RT+D: 200 million uros undr its Sixth and Svnth RT+D framwork programms. Th EU as a ky invstor in th rgion's conomic dvlopmnt: Ovr 1.1 billion uros in programms strtching Arctic rgions of th EU and nighbouring aras for Th EU as a ky actor in th climat chang rgim: 20% grnhous gas mission rduction commitmnt from 2013 to 2020 and a long-trm targt of 80-95% mission rduction by 2050.

7 7 Why is th EU intrstd in th Arctic? Global issu: Climat chang and th Arctic EU issus rlatd to EU filds of action: Environmntal protction, including climat chang and biodivrsity Exploration and xploitation of rnwabl and nonrnwabl nrgy rsourcs Rsarch & scintific coopration Intrnational trad with rlvanc to th Arctic & Maritim transport Fishris Dfnc and scurity Cultural, linguistic and ducational coopration

8 8 Dramatic Changs in th Arctic: Imagin an Ic-fr Arctic Titl Body txt : Progrssiv Loss of Arctic Ic.

9 9 Th Arctic and climat chang has bn th warmst priod vr rcordd in th Arctic. Th Arctic Ocan is projctd to bcom narly ic-fr summr within th nxt 30 to 40 yars. Arctic glacirs, ic caps and th Grnland Ic Sht contributd ovr 40% of th global sa lvl ris obsrvd btwn 2003 and (Sourc: Arctic Monitoring and Assssmnt Programm, 2011 assssmnt of th impacts of climat chang on Snow, Watr, Ic and Prmafrost in th Arctic (SWIPA), at JOIN(2012) 19 final)

10 10 Th Arctic and climat chang IPCC findings XX cntury: 0.6 C incras in avrag tmpratur Dcras of glacirs in th Northrn Hmisphr Incras from 10 to 20 cm th sa lvl IPCC projctions XXI cntury: 1.4 to 5.8 C incras in avrag tmpratur from 1990 to 2100 Dcras of glacirs in th Northrn Hmisphr Incras from 9 to 88 cm th sa lvl btwn

11 Climat chang Ic mlting: nw opportunitis opn up for mankind in transport, trad, fishris, oil and gas drilling Climat chang as a thrat multiplir : unprcdntd cological risks +altring th gostratgic dynamics of th Arctic with potntial rprcussions on intrnational stability and EU scurity intrst EU ladrship in climat chang Commission s Grn Papr 2007: Arctic rgion among th most vulnrabl aras in Europ Involvmnt of Russia, Europ s far north, Grnland and th Arctic rgion in adaptation fforts EU projcts in th Arctic to mitigat/adapt to climat chang ffcts ("Arctic Tipping Points, "ic2sa, Hrmion, ArcRisk, CLEAR, ACCESS, tc.) Sourc UNEP-GRID Arndal 11

12 Th EU and climat chang Europan Union s ladrship in combating climat chang: Th domstic dimnsion : Europan Climat Chang Programm (ECCP) EU Emissions Trading Schm (EU ETS) EU Enrgy & Climat Packag EU Climat Chang Adaptation Stratgy GHG Monitoring RT&D Multilatral ngotiations: Participation at CCFC & KP Intrnational Partnrships (SYNERGY, EU-China, EU-India, CSLF, tc.) Capacity Building (rgional initiativs: CARDS, TACIS, PHARE, tc.) Dvlopmnt Aid (ACP, Mditrranan, Africa)

13 13 A rol for th EU in th Arctic to fight climat chang? Europan Union s rol in th fight against climat chang at th rgional and global lvl Th EU as th only world powr to simultanously xrcis ladrship in post-kyoto ngotiations and provid its MS with a st of lgislativ and rgulatory instrumnts for th articulation of actions focusd on mitigation and adaptation. Global participation, comprhnsiv scop, lgally binding agrmnt To prvnt global warming xcding 2 C Furthr mission rductions by industrializd countris (20-30% of missions for 2020 and 80% for 2050 compard to 1990) Effctiv and masurabl action in dvloping countris Extnsion of missions trading schms R & TD, dvlopmnt, dissmination Adaptation and strngthning links with sustainabl dvlopmnt Incorporation of missions from othr sctors

14 E n v i r o n m t a l p r o t c t i o n C l i m a t c h a n g E n r g y Th Arctic Stratgy M a r i t i m t r a n s p o r t F i s h r r i s I n t r n a t i o n a l S c u r i t y I n d i g n o u s p o p l s Th Nighbourhood Policy Th Northrn Dimnsion Th Arctic Window Intgratd Maritim Policy E x t r n a l R l a t i o n s 14 Intractions btwn th EU and th Arctic R s a r c h

15 15 Intractions btwn th EU and th Arctic Th Northrn Dimnsion and th Arctic Window 2008 Commission s Communication on EU and th Arctic Rgion 2012 Commission s Communication on Dvloping a Europan Union Policy towards th Arctic Rgion: progrss sinc 2008 and nxt stps

16 16 Northrn Dimnsion & th Arctic Window 1999 ND: from Icland and Grnland to northwst Russia and from th Arctic rgion to th southrn shors of th Baltic Sa ND actors: th EU, th MS and th partnr countris (Icland, Norway, Russia) ND objctivs: to provid a common framwork for th promotion of dialogu and concrt coopration, to strngthn stability and wll-bing, intnsify conomic coopration, and promot conomic intgration, comptitivnss and sustainabl dvlopmnt in Northrn Europ ND s Arctic Window: Th scond Action Plan ( ) includd a short sction on th Arctic Th Arctic bcoms a rcognizd concpt in th EU but political attntion towards this ara rmains limitd. Ministrial mting of th ND (Oslo 2010) undrlind th loss of chancs for not dvloping th Arctic Window whil it was proposd to considr nw approachs for coopration with th Arctic Council

17 2008 Commission s Communication: Th EU and th Arctic 17 Aim: To promot th sustainabl managmnt of th Arctic EU Arctic stratgy focusd on thr main policy objctivs: Protcting and prsrving th Arctic togthr with its population Promoting th sustainabl us of rsourcs and making sur that th mrging industrialization and xploitation of Arctic rsourcs follow th highst nvironmntal and safty standards Enhancing multilatral govrnanc in th rgion basd on th xisting Convntions notably UNCLOS EU s commitmnt to th Arctic and EU s willingnss to b a contributor towards prsrving th Arctic EU rcogniss: Th EU Arctic MS lgitimat intrsts and rights in th rgion and primary rsponsibility Th rol of th Arctic Ocan coastal Stats Th fundamntal rol to play by th Arctic Council in Arctic coopration

18 2012 Commission s Communication: Dvloping a Europan Union Policy towards th Arctic Rgion 18 Thr main idas: Support rsarch and channl knowldg to addrss th challngs of nvironmntal and climat changs in th Arctic (...): Dvloping nvironmntal xprtis and dialogu and nhancing th protction of th Arctic nvironmnt Mting tomorrow's challngs through rsarch Harnssing information Act with rsponsibility to contribut to nsuring conomic dvlopmnt in th Arctic is basd on sustainabl us of rsourcs and nvironmntal xprtis (...): EU funding for sustainabl dvlopmnt Promoting th sustainabl managmnt and us of rsourcs Intnsify its constructiv ngagmnt and dialogu with Arctic Stats, indignous popls and othr partnrs. (sourc: JOIN(2012) 19 final)

19 Commission s Communication: Dvloping a Europan Union Policy towards th Arctic Rgion Svral actions to support th ffctiv stwardship of th Arctic: Support of Arctic rsarch undr th Commission s proposd 80 billion EUR Horizon 2020 rsarch and innovation programm; Contribution to sarch and rscu in th Arctic through th launch of th nxtgnration obsrvation satllits; Stpping up of actions to combat climat chang; Us of EU s funding opportunitis to maximis sustainabl dvlopmnt in th Arctic for th bnfit of local and indignous communitis; Promotion and dvlopmnt of nvironmntally frindly tchnologis that could b usd by xtractiv industris in th Arctic; Enhancing of bilatral dialogu on Arctic issus with Canada, Icland, Norway, th Russian Fdration and th Unitd Stats, including by applying for prmannt obsrvr status in th Arctic Council; Stpping up of fforts to hold rgular dialogu with rprsntativs of indignous popls organisations on EU policis and programms (IP/12/739)

20 20 Who govrns th Arctic? Arctic govrnanc systm: Patchwork of rgims and ntworks", as it is basd on: Th lgal rgim of ach Arctic Stats Th intrnational law Th law of som Intrnational Organisations Th action of multipl non-govrnmntal ntworks Qustion: Is th Arctic govrnanc systm limitd to th 5 Arctic circumpolar Stats (.g., Ilulissat Dclaration, 2008) or th 8 Arctic Stats?, Do othr stakholdrs including non-arctic stats or th EU hav a lgitimat rol in th Arctic govrnanc systm?

21 21 A rol for th EU? How to formalis intrnational coopration with Arctic rgional bodis and Arctic partnrs, as wll as within multilatral fora EU strong commitmnt to th Northrn Dimnsion policy and coopration in th rgion Collaboration with th Arctic Council Th EU status as Arctic Council prmannt obsrvr still pnding: Mmbr Stats: Finland, Swdn, Dnmark Prmannt obsrvrs: Franc, Grmany, Th Nthrlands, Poland, Spain, Unitd Kingdom Th EU application to join th Arctic Council as a prmannt obsrvr was dfrrd in 2009 and 2011.

22 22 A rol for th EU? Intrnal dimnsion: Nd of taking a mor pro-activ and systmatic approach to th Arctic Nd of ncompassing all th rlvant policy aras Idntify and dvlop th Arctic dimnsion of EU policis Bttr intrnal coordination among sctoral policis Supporting ntwork linking th rlvant DGs + Cntral Arctic focal point for coordination and contact (DG Environmnt or DG Extrnal Rlations)

23 23 A rol for th EU? Extrnal dimnsion: Rinvigoratd Northrn Dimnsion as a vhicl for concrt action and coopration Nd to prov th lgitimacy of th EU involvmnt vis-àvis Artcic Stats/populations Nd to b convincing and constructiv both by its MS (Arctic and non-arctic) as wll as by th non-eu Arctic Stats

24 24 A rol for th EU? Advantags of th EU status of prmannt obsrvr: Fostrd intrnational coopration; incrasd ffctivnss of th EU action; bringing th EU xprinc, knowldg and rsourcs into th Council's work; signal that th Arctic Stats wlcom invstors and rsarchrs from th EU

25 25 What s now? World Trad Organization: Europan Communitis- Masurs Prohibiting th Importation and Markting of Sal Products (DS400, DS401) First submission of Canada: 9 Novmbr 2012 First submission of th EU: 21 Dcmbr 2012 Issus: TBT Art. XX GATT

26 26 EU Court of Justic: What s now? Cas T-18/10: Gnral Court s ruling (6 Sptmbr 2011): Inuit Tapiriit Kanatami and Othrs v Parliamnt and Council (concrning th rqust for th annulmnt of Rgulation (EC) No 1007/2009 on trad in sal products): Th Europan Parliamnt and th Council rrd in law whn using Articl 95 EC (art.114 TFEU) as th lgal basis (it dosn t improv but liminat any possibility of an intrnal markt in sal products) Infringingmnt of th principls of subsidiarity and proportionality (it is not dmonstrat why intrvntion at th Europan Union lvl is rquird) Th Rgulation unduly limits th subsistnc possibilitis of th applicants, rlgating thir conomic activitis to traditional hunting mthods and subsistnc. Dismissd as inadmissibl Th attackd Rgulation is not a "rgulatory act, bcaus it is a lgislativ act (for which strictr locus standi conditions applis: Dirct and individual concrn to th applicants) Th applicants ar not dirctly and individually concrnd (placing th products on th markt)

27 27 What s now? Pnding Cas C-583/11 P, Inuit Tapiriit Kanatami and Othrs v Parliamnt and Council: Advocat Gnral s Opinion proposs that th Court dismiss th appal (January 17, 2013) A lgislativ act such as th rgulation at issu cannot b rgardd as a rgulatory act. Th lss strict conditions in th Lisbon Traty undr which individuals may bring actions bfor th EU Court against such EU acts of gnral application do not thrfor apply to th prsnt cas. For actions against lgislativ acts th classical rquirmnts (dirct and individual concrn) should continu to apply.

28 28 What s now? Pnding Cas T-526/10, Inuit Tapiriit Kanatami v. Commission : Action for annulmnt against Commission Implmnting Rgulation (EC) No 737/2010 Th implmnting rgulation has for lgal basis th basic rgulation against which thy rais an xcption of illgality Th Commission rrd in law whn adopting th implmnting rgulation sinc it misusd th powrs confrrd to it by th basic rgulation (tru aim pursud by th Commission was to block any placing on th Union markt of sal products.

29 29 Conclusion Th Arctic is high on th political agnda Th EU should "contribut to nhancd govrnanc in th Arctic Cooprat with Arctic partnrs to addrss th challngs facd by th Arctic rgion: To nsur that w all go in th sam dirction and that what th EU dos in th Arctic aligns with what othrs partnrs ar doing. EU Arctic policy as a positiv positiv-sum gam: As a complmnt of national policis of Arctic MS As a cooprativ ffort with th Arctic non MS

30 Nakurmiik Thank you vry much for your attntion Mrci d votr attntion National Gographic/Gtty Imags