It is clear to the EU that shipping is an activity of international nature that requires intensive communication between involved parties and thus cannot be managed well by a single country. Following, the increasing involvement of the EU in the IMO has to be recognized and investigated. It should be considered which role the EU should play in the IMO, and how this role and expectations thereof have evolved over the years.
To explore this, this paper firstly lays out the shipping policies of the IMO and the EU, before moving to the position that the EU holds within the IMO through its status and participation. Then, a timeline of the Commission’s attempts of obtaining a full membership is explored, explaining international and Member States’ responses. Finally, the paper explicitly addresses the legal challenges of reaching a full EU membership and elaborates on the duty of loyalty. The paper finds out that there are both advantages and disadvantages of an EU membership in the IMO through the Commission, and suggests that instead, a reinforced coordination between the EU and its Member States might be the better and more realistic solution for the EU/IMO relationship.
The European Union made out of its 27 Member States spreads over 70,000 km along fours seas and two oceans. 41% of the world’s fleet is controlled by European companies. The EU plays a crucial role in the shipping world, and is responsible for ensuring the sustainability of the marine environment in order for its sea-related companies to be competitive and thrive. Another entity that shares these responsibilities of “safe, secure and efficient shipping on clean oceans” is the UN’s International Maritime Organization, established in 1948. Albeit its significant role in international maritime decision-making, the EU is not a member of the IMO, as membership is reserved for states only. The EU possesses the most advanced and comprehensive regulatory framework for shipping worldwide – the 3rd Maritime Safety Package. However, internationally an opinion has been formed that the EU’s approach is rather regional and unilateral and could thus possibly undermine the authority of international law.
Table of Contents
1. The Organizations
1.1 The International Maritime Organization
1.2 The European Union and its shipping policies
2. The European Union within the International Maritime Organization
2.1 Observer status
2.2 Participation through EU’s Member States
2.3 Coordination process
3. The European Commission’s attempts to obtain a full EU membership in the IMO
3.1 The Green Paper for a European Maritime Policy 2006
3.2 The Lisbon Treaty and the Maritime Transport Strategy 2009-2018
3.3 The Barroso-Ashton Strategy 2012
3.4 Present day
4. Legal challenges of a full EU membership in the IMO
4.1 Duty of loyalty
Objectives and Research Themes
This paper examines the evolving relationship between the European Union and the International Maritime Organization (IMO). It aims to investigate the role the EU plays within this global body, the attempts made by the European Commission to secure full membership, and the complex legal challenges—such as the duty of loyalty—that complicate the EU’s participation and external influence in international maritime governance.
- The institutional status of the EU within the IMO.
- The evolution of EU shipping policies and environmental regulations.
- Historical attempts by the European Commission to achieve full membership status.
- Legal complexities arising from the EU's lack of statehood in international organizations.
- The impact of the duty of loyalty on the cooperation between the EU and its Member States.
Excerpt from the Book
4.1 Duty of loyalty
The EU is neither a full member of IMO’s conventions such as SOLAS and MARPOL and is thus faced with the fact that now even small Members that usually do not have that much voice within EU can have a big impact within the IMO. This is well seen in case C-45/07 of the Commission v. Hellenic Republic. According to the duty of sincere cooperation of Art. 4(3) TEU, “pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties. The Member States shall take any appropriate measure, general or particular, to ensure fulfillment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union. The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardize the attainment of the Union's objectives.” The Commission brough up before the ECJ violation proceeding against Greece, because Greece had, within the field of EU exclusive competences, submitted a proposal for monitoring compliance with SOLAS to the IMO. The Commission argued that only it holds the power of ensuring that standards are properly met at Community level and thus Member States are not authorized to submit national positions to the IMO on matters that fall within the exclusive competences of the EU.
Summary of Chapters
1. The Organizations: Provides an overview of the IMO's historical establishment and purpose alongside the development of the European Union's maritime safety policies.
2. The European Union within the International Maritime Organization: Analyzes the EU's current observer status and how it exerts influence through its Member States and internal coordination processes.
3. The European Commission’s attempts to obtain a full EU membership in the IMO: Details the chronological series of policy initiatives and strategies used by the Commission to seek full membership status.
4. Legal challenges of a full EU membership in the IMO: Explores the structural and legal obstacles, including the duty of loyalty, that prevent the EU from becoming a formal member of the IMO.
Keywords
International Maritime Organization, European Union, Shipping Policy, Maritime Governance, Observer Status, European Commission, Lisbon Treaty, Duty of Loyalty, MARPOL, SOLAS, External Relations, European Maritime Safety Agency, Environmental Protection, Legal Competences, Multilateralism.
Frequently Asked Questions
What is the primary focus of this research paper?
The paper examines the relationship between the European Union and the International Maritime Organization, specifically focusing on the EU’s attempts to transition from an observer to a full member.
Which central thematic areas are covered?
Key themes include institutional representation, shipping safety and environmental regulations, the conflict between regional and international policy-making, and the legal constraints of EU external representation.
What is the primary research goal?
The goal is to determine why full EU membership in the IMO has remained unattainable and to suggest more realistic methods for the EU to exert influence, such as reinforced internal coordination.
Which scientific methodology is applied?
The study utilizes a legal and political analysis, examining EU Treaties, case law from the European Court of Justice (ECJ), and various policy strategies issued by the European Commission.
What does the main body of the text address?
It covers the history of both organizations, the evolution of EU shipping policies after maritime disasters, and the specific legal disputes involving the duty of loyalty between Member States and the Commission.
How can the work be characterized by its keywords?
The work is defined by the intersection of international maritime law, European Union external relations, and the institutional dynamics of global governance.
What is the "duty of loyalty" in this context?
It refers to the legal requirement under Article 4(3) TEU for Member States to act in a way that does not jeopardize the Union's objectives, which restricts them from taking independent action on matters under exclusive EU competence.
Why has the EU been unsuccessful in obtaining full membership?
Resistance stems from the IMO’s requirement that only states can be members, concerns from international shipping bodies about political interference, and fears from smaller EU Member States regarding the loss of their individual influence.
What role does the European Maritime Safety Agency (EMSA) play?
EMSA provides technical and scientific support for implementing EU maritime law, helping to harmonize national practices with international standards.
- Citar trabajo
- Sophia Milusheva (Autor), 2020, The European Union in the International Maritime Organization. Which Role Should the EU Play?, Múnich, GRIN Verlag, https://www.grin.com/document/1000030
