European Parliament Report: EU competencies affecting the Arctic (original) (raw)

EU Policy in the Arctic: EU Competences Affecting the Arctic

2010

The study will examine the legal competences of the EU -after the entry into force of the Lisbon Treaty -to influence the development of the Arctic. The particular emphasis of the study will be on the role the European Parliament plays in decision-making in various Arctic-relevant policy areas. The report will address both internal and external competences as well as the consequences of the EEA Agreement for the implementation of EU legislations in Iceland and Norway. The study is structured into two parts. The first part looks into the general principles of competence sharing between the EU and its Member States, as well as the role of the European Parliament in post-Lisbon EU decision-making. The second part examines in more detail eleven sectoral policy areas: what legal competences the EU has in each, what are the legal consequences for Iceland and Norway via the EEA Agreement and what is the role of the European Parliament in EU's decision-making over the development of these various policies in the Arctic. Policy Department DG External Policies 2 This study was requested by the European Parliament's Committee on Foreign Affairs. AUTHOR(S): Timo KOIVUROVA Kai KOKKO Sébastien, DUYCK Nikolas SELLHEIM Adam STEPIEN Standard briefing carried out within the framework agreement between TEPSA and the European Parliament.

EU Competencies affecting the Arctic

The study will examine the legal competences of the EU -after the entry into force of the Lisbon Treaty -to influence the development of the Arctic. The particular emphasis of the study will be on the role the European Parliament plays in decision-making in various Arctic-relevant policy areas. The report will address both internal and external competences as well as the consequences of the EEA Agreement for the implementation of EU legislations in Iceland and Norway. The study is structured into two parts. The first part looks into the general principles of competence sharing between the EU and its Member States, as well as the role of the European Parliament in post-Lisbon EU decision-making. The second part examines in more detail eleven sectoral policy areas: what legal competences the EU has in each, what are the legal consequences for Iceland and Norway via the EEA Agreement and what is the role of the European Parliament in EU's decision-making over the development of these various policies in the Arctic. Policy Department DG External Policies 2 This study was requested by the European Parliament's Committee on Foreign Affairs. AUTHOR(S): Timo KOIVUROVA Kai KOKKO Sébastien, DUYCK Nikolas SELLHEIM Adam STEPIEN Standard briefing carried out within the framework agreement between TEPSA and the European Parliament.

The present and future competence of the European Union in the Arctic

The European Union’s (EU’s) intention of becoming a permanent observer in the Arctic Council and the reluctance of Arctic actors to grant it that status have made the union’s aspirations in the Arctic the subject of a continuing debate. The discussion appears to be dominated by geographical considerations and the EU’s gradually emerging Arctic policy. This article puts forward a different view of the EU’s presence in the region, one drawing on an analysis of relevant EU competences. As a complex international actor, the EU has acquired a broad array of decisionmaking powers from its member states, powers that partly extend to Iceland and Norway via the EEA Agreement. Moreover, the EU has in many cases become a relevant actor in international negotiations and treaty making processes the outcomes of which are of crucial importance for the governance of the Arctic. Our argument in the third and concluding section is that only by including the EU in Arctic governance can the international community provide better prospects for the union to sensitise its policies and discourses to the Arctic realities and for other Arctic actors to understand how the union functions. This argument is supported by an analysis of the EU’s restrictions on the import of seal products and the ensuing litigation.

Exploring Reasons & Remedies for the EU’s Incapability to Devise an “Arctic Policy”: The Quest for Coherence

The European Commission and the European External Action Service (EEAS) are, at the time of publishing of this year’s Arctic Yearbook, working on a new policy statement concerning the EU’s Arctic policy. In this Briefing Note, we focus on the formulation of the EU Arctic policy as an overarching framework, which so far has found its expression in declaratory statements (communications) from the Commission and the Union’s High Representative. Two main questions shine out: Why has it been so difficult to formulate a statement that meets expectations of analysts and Arctic actors and are we likely to see it finally occurring in 2016?

The European Union, the Arctic, and International Law

The International Journal of Marine and Coastal Law, 2018

The European Union (EU) is willing to participate as much as possible at the negotiation table to meet the challenges that the Arctic poses and benefit from the opportunities it offers. But the relationship between the EU and the Arctic is ‘problematic’ for both external (EU difficulties particularly with Canada and Russia) and internal reasons (substantive competing interests and ambivalent policies, discrepancies among member States and within EU institutions …). Without a specific policy tradition or a direct geographical link, the EU has not yet gained legitimacy to become a key ‘Arctic actor’ or stakeholder. The EU needs to take an active stance on issues relating to the Arctic (including maritime delimitation, which is critical for determining navigational rights, the scope of Art. 234, etc.); because otherwise, the EU reduces its chances to make an impact on the relevant international fora and, ultimately, on making and implementing Arctic international law.

The EU and the Arctic: European foreign policy in the making

e EU is currently reviewing its interests in the High North and has recently started developing an Arctic policy. is article aims at explaining this foreign policy expansion by applying a theoretical framework consisting of three levels: (1) the internal level – viewing EU foreign policy (EFP) as the product of an " organization; " (2) the state level – in specically accounting for the role played by external actors, primarily states; and (3) the systemic level – viewing the EU and its foreign policy as dependent on structural conditions within the global system. rough interviews, document studies, as well as existing scholarly research , the article identies impact from all three analytical levels, including how the supranational and member-state level combined has been decisive in shaping the nal policy outcome. e research identies the crucial role played by other Arctic states, particularly Canada and Norway. Finally, on the systemic level, key conditions such as global warming and economic forces are recognized as relevant explanatory factors behind the development of the EU's Arctic policy.

The European Union – An Arctic Actor?

Understanding the EU’s engagement in the region, and the numerous layers that influence the surrounding debate, is crucial in avoiding yet more friction. The following chapter aims to establish why, as a foreign policy actor, the EU has started the process of developing a pan-European Arctic policy. Thereafter it charts how the EU’s interests have manifested since 2008 and identifies some of the most contentious issues that have arisen, before deliberating on the purpose and potential outcomes of the policy itself. In doing so, this article attempts to answer three fundamental and important questions: namely, (1) why, (2) how, and (3) to what end does the EU seek to become an Arctic actor?

The European Union as an Actor in the Law of the Sea, with Particular Reference to the Arctic

The International Journal of Marine and Coastal Law, 2018

The first part of this article explores the extent to which the European Union (EU) is an actor in the law of the sea. After explaining when, why and how the EU became such an actor, it considers the legal and political constraints on the capacity of the EU to act; the interests that have shaped its role as an actor; and the various means by which it acts. The second part of the paper applies the conclusions from this analysis to outline the role that the EU has so far played in the ongoing development of the legal regime of the marine Arctic and to predict the role that it will continue to play, especially as regards navigation, fisheries, the exploitation of offshore oil and gas, and the protection of the environment.