Official Journal of the French Republic
Total Page:16
File Type:pdf, Size:1020Kb
2013-22 NOR : CESL1100022X Thursday 24th October 2013 OFFICIAL JOURNAL OF THE FRENCH REPUBLIC 2010-2015 Term – Session of 9 October 2013 EXTENSION OF THE CONTINENTAL SHELF BEYOND 200 NAUTICAL MILES: AN ASSET FOR FRANCE Opinion of the Economic, Social and Environmental Council on the report submitted by Mr. Gérard Grignon, Rapporteur on behalf of the Delegation for Overseas Territories Question referred to the Economic, Social and Environmental Council by a decision of its office dated 14 May 2013 applying Article 3 of the Ordinance No 58-1360 from 29 December 1958 as amended, concerning the organic law relating to Economic, Social and Environmental Council. The office has charged the Delegation for Overseas Territories with drafting an opinion and a report with the title Extension of the continental shelf beyond 200 nautical miles: an asset for France. The Delegation for Overseas Territories, chaired by Mr. Gérard Grignon, has appointed Mr. Gérard Grignon as a Rapporteur. Table of contents ■ Summary of the Opinion ____________________ 7 ■ Opinion __________________________________ 13 Introduction 14 The conquest of the continental shelf resources: Difficulties encountered 16 The International Legal Framework 16 Ê The United Nations Convention on the Law of the Sea of 1982: the outer limits of the continental shelf 16 Ê Definition of the continental shelf 17 Ê Commission on the Limits of the Continental Shelf (CLCS) 18 Ê The criteria for the extension of the continental shelf beyond 200 nautical miles 19 Implementation by France of the Programme for the Reasoned extension of the continental shelf (EXTRAPLAC) and its results 20 Ê The filed claims which have been the object of recommendations of the CLCS 22 Ê The claims to be examined by the CLCS 23 Ê The Preliminary information filed 24 Ê The offshore territories for which no claims or preliminary information have been filed 25 Managing the extension of the Continental shelf 26 Ê The rights and resources defined by the United Nations Convention on the Law of the Sea 26 Ê A legal framework to be defined with regards to exploration and exploitation activities (EEA) of the resources of the extended continental shelf 28 Ê The State facing its environmental responsibility 31 2 – OPINION OF THE EconomIC, SOCIAL AND ENVIronmental COUNCIL The recommendations 32 The completion of the EXTRAPLAC programme 32 Ê Identify and secure funding for the completion of the EXTRAPLAC programme 32 Ê File the claims which have been the object of the preliminary information 33 Ê Resolve diplomatic problems preventing the Caledonian case being processed 33 Ê Publish the outer limits of the extended continental shelf 34 Ê Strengthen the means of the Commission on the Limits of the Continental Shelf 35 An exemplary France with regards to a new maritime area 35 Ê The obligation of knowing the resources and marine ecosystems 36 Ê A responsibility regarding the legal framework for the exploration and exploitation activities to be established 37 Ê An obligation to involve and integrate the ultramarine territories for the elaboration of the maritime policy of our country 38 Ê The elaboration of a truly ambitious maritime policy 40 Conclusion 41 ■ Declarations by the Groups __________________ 43 ■ Voting ___________________________________ 56 EXTENSION OF THE CONTINENTAL SHELF BEYOND 200 NAUTICAL MILES: AN ASSET FOR FRANCE – 3 ■ Report ___________________________________ 60 Introduction 60 The conquest of the continental shelf resources 64 The International Legal Framework 64 Ê The Various Conventions on the Law of the Sea and the continental shelf 64 Ê The place of the extended continental shelf in the main maritime spaces defined in the UNCLOS 66 Ê The international authorities and the seabed 69 Ê The procedure for extension of the continental shelf beyond 200 nautical miles 71 The national framework for the extension of the continental shelf beyond 200 nautical miles 73 Ê The Legal Framework 75 Ê The main authorities 78 Ê The programme of Reasonable extension of the Continental shelf (EXTRAPLAC) 80 Ê Publication of the outer limits of the extended continental shelf 84 The results of the EXTRAPLAC action at the beginning of 2013 87 Ê The filed claims which have been the object of recommendations of the CLCS 87 Ê The claims to be examined by the CLCS 104 Ê The Preliminary information filed 117 Ê The offshore territories for which no claim or preliminary information has been filed: Scattered Islands and Mayotte 131 Conclusion 135 Managing the extension of the Continental shelf 137 Ê Resources of the Extended Continental shelf, knowledge and preservation 138 Ê Energy mineral resources: hydrocarbons 139 Ê Hydrothermal sulphides 143 4 – OPINION OF THE EconomIC, SOCIAL AND ENVIronmental COUNCIL Ê Cobalt crusts 144 Ê Polymetallic nodules 144 Ê Natural hydrogen 144 Ê Rare earths 145 Ê Biological resources 145 Ê Living organisms belonging to sedentary species 146 Which legal framework with regards to the exploration and exploitation activities (EEA) of the resources of the extended continental shelf? 147 Ê The specific situation of the extended continental shelf within the maritime areas. 148 Ê The necessary adaptation of the Mining Code to the extended continental shelf 149 The Coastal State facing its responsibilities and its duty to protect the soil and subsoil environment 151 Ê Dangers faced by marine biodiversity and ecosystems within the framework of EEA 152 Ê The responsibilities and duties of the State towards the environment 153 Overseas territories at the forefront of this management 156 Ê A reform of regulations in terms of exploitation of marine resources including Overseas territories and considering their interests 157 Ê An economical environment that needs to be strengthened for greater competitiveness and increased employment 159 Ê Strengthen the international influence of our country and the EU in the maritime sectors by strengthened regional cooperation with the Overseas territories 160 Conclusion 161 EXTENSION OF THE CONTINENTAL SHELF BEYOND 200 NAUTICAL MILES: AN ASSET FOR FRANCE – 5 Annexes ___________________________________ 162 Annex 1: List of members of the Delegation for Overseas territories on the voting date _________________________________________ 162 Annex 2: List of public figures interviewed in delegation or received in private interview by the rapporteur _____________ 164 Annex 3: Articles 76 and 77 of the United Nations Convention on the Law of the Sea ______________________________________ 166 Annex 4: Bibliographical References __________________________________ 168 Annex 5: Table of Acronyms __________________________________________ 172 Annex 6: List of Illustrations _________________________________________ 174 6 – OPINION OF THE EconomIC, SOCIAL AND ENVIronmental COUNCIL Extension OF THE Continental SHELF beyond 200 nautical MILES: AN asset FOR France Summary of the Opinion1 The issue of the extension of the French continental shelf is totally foreign to public opinion, unknown in political circles and generally absent from seminars and conferences on the sea, as well as in debates on the maritime policy of our country. Except for some specialists and a very narrow sphere of public figures in charge of the execution of the national EXTRAPLAC (the Reasonable Extension of the Continental Shelf) programme aimed at the extension of the French continental shelf beyond 200 nautical miles, this issue has been overlooked. What is the Extended Continental shelf? For France which already occupies the second largest maritime area in the world after the United States, with 11 million km² distributed among all the oceans, thanks to the Overseas Territories, this is the possibility: – To expand its sovereign rights on the natural resources of the seabed and subsoil over approximately an additional 2 million km²; – To acquire sovereign rights for the exploration and exploitation of natural resources over these new areas; – To increase its geostrategic power. The access to potential wealth (hydrocarbons, hydrothermal sulphides, cobalt crusts, polymetallic nodules, natural hydrogen, and biological resources) may constitute a considerable asset for our country if this contributes to a new model of sustainable development, especially in the Overseas Territories. The 1982 United Nations Convention on the Law of the Sea, “a true constitution of the oceans”, and more precisely Article 76 thereof, gives coastal states the possibility to extend their continental shelf beyond 200 nautical miles. With this aim, France has implemented the EXTRAPLAC programme. In order to complete the conquest of the extended continental shelf and to implement a truly maritime policy in accordance with the responsibilities and obligations of France, the ESEC formulates the following recommendations: Ê To finalise the EXTRAPLAC programme Identify and secure funding for the completion of the EXTRAPLAC programme The ESEC recommends the urgent execution of a budgetary appraisal with regards to the completion of the EXTRAPLAC programme. As a result, the government 1 The entire draft opinion was adopted unanimously by open vote (see the result of the vote in the annex). EXTENSION OF THE CONTINENTAL SHELF BEYOND 200 NAUTICAL MILES: AN ASSET FOR FRANCE – 7 shall take necessary budgetary decisions that will allow our country to focus on its proper role. File submissions which have been the object of preliminary information The Council recommends: – To file before the Commission on the Limits of the Continental