The International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM 2004) is a new frontier in the field of marine environment protection. The Convention’s aim is to reduce the risk of spreading of harmful aquatic organisms and pathogens into alien marine environments by ships’ ballast water and sediments.
There is a list of non-indigenous species in the Baltic Sea which has been compiled in accordance with The Convention on the Protection of the Marine Environment of the Baltic Sea Area (HELCOM 1992). As ships carry thousands of species in their ballast water, the danger to the marine and coastal environ-ment is substantial.
Some of the HELCOM signatories have already ratified the BWM (Sweden, Norway) and thus may provide hands-on account of practicalities of the Con-vention. The HELCOM countries have agreed to ratify the BWM Convention by 2013 at the latest. The Author’s research may therefore be of value as Poland is currently considering ratification of the Convention.
The Convention of the Law of the Sea of 1982 states clearly that countries bordering semi-enclosed seas, such as the Baltic, are expected to cooperate closely in securing their rights and executing their duties. The obligation to cooperate as stated in Article 123 of the convention refers to, among others, any installation or structure constructed on the Baltic Sea bottom. Russia and Germany both ignored this obligation as they viewed the proposed construction in strictly commercial terms. This position not only violates the norms of the both the Convention of the Law of the Sea of 1982 and HELCOM of 1992, but it also ignores the fundamental principles of the energy policy of the European Union. Article 23 statute 3 of legislation on the Republic of Poland's sea areas and marine administration, states that permission to construct and exploit any constructions within Polish sea areas (including those in the exclusive economic zone) is not to be granted if the proposed construction threatens the environment, marine resources, or the national economy. Unquestionably, the proposed Russian-German pipeline poses an ecological threat due to its length and is contrary to Polish interests.
Writing a critical analysis of European maritime policy is a challenge. Without taking into consideration past experience and observing present trends, this great undertaking may not produce the desired effects. The picture that presents itself today is one of a variety of different means that are striving to achieve ‘ fragmentary ” goals. The vision of maritime policy, however, must be characterized by cohesion. In her article, the author addresses the so-called Green Book of EU Marine Policy, and this is likely the first Polish publication on this topic. Effective integrated marine policy for the exploitation of marine resources based on maintaining equilibrium between the preservation of the values and goodness of the seas and oceans and meeting the economic needs of many communities must be developed in a timely manner. This is why European maritime policy must concur with the goals of the International Maritime Organization.
This article is a continuation of the author's research in the subject of special areas on the seas and oceans. A marine area of particular sensitivity is an area that requires protection from shipping that is dangerous to the marine environment and its resources. Eleven marine areas of particular sensitivity have been established. Such an area may be set out “within and outside the borders of territorial waters, including the open sea". The IMO has indicated general ways of protecting a marine area of particular sensitivity. These include: new plans to limit sea traffic and recommended sea paths. The purpose of these is to minimize the risk of maritime accidents and oil spillages. Protection also entails the possibility of making it compulsory to use a pilot in such areas. In 1990 the IMO designated the Great Barrier Reef an area of particular sensitivity. It was made compulsory to employ the services of an Australian pilot when passing through the Torres Strait. In addition, a compulsory system of reporting on the part of vessels and two-way ship paths were introduced. The author discusses a Western European and a Baltic marine area of particular sensitivity.
Carbon dioxide capture and storage beneath the seabed is a relatively new concept and its regulation is still in development. Neither international law nor European Union law cover the issue thoroughly. The author discusses challenges of tackling climate change and looks into carbon dioxide subsea storage from the perspective of maritime environment protection. There are no international conventions on carbon dioxide capture and storage beneath the seabed. The analysis of legal systems leads to conclusion that Polish domestic regulation of the issue is ahead of international law. It must be noted however that carbon dioxide may only be stored in accordance with the new law when there is no threat to the maritime environment.
Technical and operational energy efficiency measures for ships, such as the energy efficiency design index (EEDI) and ship energy efficiency management plan (SEEMP), aim to improve the energy efficiency of international shipping. Studies show that absolute emissions from international shipping will increase despite their mandatory application. For this reason, it is important to assess the impact on the effectiveness of the application of mandatory efficiency measures on future emissions. Further measures are being developed at the International Maritime Organization to control emissions from ships, in particular greenhouse gases (GHG) that contribute to climate change. In January 2019, a system of collecting fuel consumption data by ships (Ship Fuel Oil Consumption Database) was introduced.
Energy efficiency measures promoted by the IMO Maritime Environment Protection Committee, initially as facultative, then as mandatory, show strong preventive character. The mandatory use of energy efficiency measures by ships as well as the development of energy efficiency management policies by shipping companies contributes to climate protection and adaptation to climate change.
The article is devoted to the development of marine safety law, which
took place in the last hundred years after the sinking of the RMS
Titanic in 1912. The Titanic disaster has revealed serious shortcomings
in minds and conduction of the international maritime community.
Neglected the basic principles of safety of life at sea.The spectacular
effects of this tragedy helped to accelerate work on the first
International Convention for the Safety of Life at Sea (SOLAS 1914),
which was signed in less than two years after the sinking of the
Titanic. 1914 SOLAS Convention has become the foundation for building
a system of safety of life at sea, giving rise to the current SOLAS
1974. Today we can speak of wellformed system of safety of life at sea,
which is part of the maritime safety law. The conventional system of
maritime safety off the 1974 SOLAS Convention and its protocols consist
of codes, recommendations, guidelines and instructions adopted under
auspices of the International Maritime Organization. Two of the latest
codes of IMO should be here mentioned. With regard to the
identification, assessment and management of emerging risks in the
operation ships
– International Management Code for the Safety
Operation of Ships and for Pollution Prevention (ISM Code), and to use
special security measures – International Ship and Port Facility
Security Code (ISPS Code).
The article isdevoted tothe issues ofprinciples thatare important for the development of marine spatial planning (MSP) and integrated coastal zone management (ICZM). Marine spatial planningcan be understoodas a practicalway to implement the principles of rational use of maritime areasin accordance with sustainable development based on stakeholders cooperation. The integrated coastal zone management functionis integration of maritime sectors inorder to remedy conflicts arising in the ocean space and also institutional conflicts.
The precautionary principle and the ecosystem approach determine the current framework for spatial planning in marine areas and regulate various human activities in the marine environment, taking into account the protection of marine and coastal ecosystems and biodiversity.
In order to achieve sustainable growth of maritime and coastal activities and the use of marine and coastal resources the European Union developed in 2013 a draft directive establishing a framework for maritime spatial planning and integrated coastal zone management, as a specific remedy to the very slow implementation of the principles and instruments of maritime spatial planning and integrated coastal zone management by the Member States.
Member states of the European Union face a growing number of irregular migrants attempting to cross the Unions maritime border in the Mediterranean. An illegal transfer route there allows tens of thousands to enter the EU, mostly from Africa and Asia. The southern EU states of Italy, Malta, Greece and Spain cope with the problem with increasing difficulty. Their border enforcement authorities are to be aided by EUs specialized Rapid Border Intervention Teams (RABITs). The task of coordinating the measures lies ahead of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), based in Warsaw. Frontex began its operations in October 2005. The European Parliament took position on the issue irregular migration in the Mediterranean and called upon the Commission and the Council to strengthen the efforts against human trafficking and smuggling. The problem has also been addressed by European Economic and Social Committee and Committee of the Regions.