Template-Type: ReDIF-Article 1.0
Author-Name: Miguel Ángel Acosta Sánchez
Title:  Hacia una cooperación Hispano-Marroquí en materia de Medio-Ambiente: La aplicación de la estrategia marina europea en la ciudad de Melilla
Abstract: RESUMEN:
La incorporación de la Estrategia Marina
Europea en España a través de la Ley 41/2010 presenta interesantes cuestiones
sobre su aplicación en la demarcación marítima “Estrecho
-
Alborán". Por una parte, tenemos el no reconocimiento por parte de
Marruecos de las Ciudades, Islas y Peñones españoles en el norte de África; por
otra, España ha previsto la aplicación de la Estrategia Marina Europea en Melilla
en un área marítima no recogida en la legislación nacional. Esta situación
debería favorecer la cooperación en materia medio ambiental entre los dos
Estados y en el marco de los acuerdos bilaterales existentes. 

ABSTRACT:
The incorporation
of the
European Marine Strategy Framework Directive in Spain
by Law 41/2010 has
raised interesting questions in regard to its
application in the marine demarcation "Estrecho - Alborán".
These issues concern on the one hand, the non-recognition by Morocco of Spanish sovereignty
over the  Cities,
Islands and Rocks in North of Africa; and on the other hand,  Spain’s planned  implementation of the Marine Strategy in Melilla,  in a
maritime area not reflected in
the national legislation. This should force a bilateral cooperation on environmental issues within the framework of existing international agreements.
 Through the adoption of Law 41/2010,
on marine environmental protection,
Spain
has proceeded with the transposition
into its national legal framework the European Marine
Strategy (Framework Directive 2008/56/EC). Following the same parameters as 
the
Framework Directive, Law 41/2010
ultimate objective is the establishment of a “good environmental status” by 2020.  Furthermore, the Law clearly
defines the terms "Marine
Strategy", "Environmental Objectives"
and "Programs of Measures" among others. It also simplifies the regulation of the various phases established for
achieving the marine strategies, such as the following:
1.- Initial assessment of the state of the marine environment;
2. - Determination of good environmental
status;
3. - Establishment of environmental
objectives;
4. - Establishment of a monitoring
program;
5. - Development and implementation of
a program of measures to achieve a good
environmental status.
These phases are completed with the provisions of the 4th Additional
Provision, which includes a timetable for the development and implementation of these
strategies.
The strategies adopted should
reinforce other measures taken in regional treaties, such as the Convention for
the Protection of Marine Environment of the Coastal Region of the Mediterranean (Barcelona Convention). Moreover, and in
accordance with the principle of flexibility in the development of marine
strategies, consistency should be ensured with a number of procedural
principles and planning criteria  such as
the precautionary principle, the ecosystem approach, legal requirements,
sustainable development, preventive action, rectifying environmental damage at
source and that the polluter should pay. Also, Law 41/2010, as well as the European Marine Strategy, foresees the
need for cooperation with other States when sharing the same marine region.
Law 41/2010 states that the
strategies are to cover the Territorial Sea, the Exclusive Economic Zone, Continental Shelf and
Ecological or Fisheries Protected Areas, as well
as "coastal waters" if not already protected by the Water legislation. In addition, the Law creates
the concept of “demarcación marina”, corresponding to each
of the five created, a marine strategy. These “demarcations”
correspond to the marine environment
over which Spain has sovereignty or jurisdiction, in the following geographical areas:
a) North Atlantic Marine Demarcation; 
b) South Atlantic Marine Demarcation;
c) East-Balearic Marine Demarcation;
d) Canary islands Marine Demarcation; 
e) Estrecho de Gibraltar – Alborán Marine Demarcation.
The Marine Demarcation “Estrecho de Gibraltar-Alborán”
includes the marine environment over which Spain
has sovereignty or jurisdiction in the area of ​​Ceuta,
Melilla, Chafarinas
Islands, the rock of Perejil, Vélez de
la Gomera and
Alhucemas and the island
 of Alboran. This last
reference to the islands and rocks over which Spain
has sovereignty or jurisdiction in North Africa
represents an exceptional legal support to Spanish claims of sovereignty over
these territories. Also, it´s the first time that  Perejil rock is referred to in the Spanish
legal system.The demarcation “Estrecho de Gibraltar-Alborán” necessarily
implies, in the light of  of  Spanish and European laws, a partnership with
Morocco when developing marine strategies. However, this is also unlikely to
succeed, because there is no maritime boundaries delimitation agreement between
the two countries. This is the consequence of the territorial claim by Morocco of cities, islands and rocks of Spanish
sovereignty in northern Africa, which led Morocco to close its Mediterranean
shores with straight baselines, locking or even misusing Spanish territories in
support to its violation of General International Law.
Currently, the Spanish Ministry of Agriculture, Food and Environment has published the documents related to the "Marine Strategies, Initial
Assessment, Good environment and
environmental objectives"-
These documents have been subject to public consultation
on the website of the Ministry. In the section on “bi-tri-lateral meetings” within the the framework of the Strategy document, there
is no reference to Morocco   nor to any meeting held by Spain
with other neighboring countries..
Neither   does it refer to these meetings in the Strategy for the Estrecho de Gibraltar-Alboran.
According to this document by the Ministry, in the case of Melilla,
the strategy would affect a portion of
water, understood as Territorial Sea starting from the normal baselines, that is the low-water line along the coast. This interpretation would be the strict application of international
and Spanish (Law 10/1977) legal framework. The Territorial Sea will extend seaward until the end of the EEZ
of Morocco, and from drawing two parallel lines based on land boundaries, north and south, of the city of Melilla. In fact, there is a
confidential Nautical Chart prepared by the Spanish Marine Hydrographic Institute
in which are reflected these water coordinates called
"Jurisdictional Waters" (Territorial Sea). Spain has never made
​​public or official this Waters.
For the purpose of protecting the marine environment
and the implementation of the European Marine Strategy
in the city of Melilla, we consider that there’s a need for practical arrangements between the two States and forgetting any claim of sovereignty. Since the environment is
a Good (asset) shared by all States.
Hence, there are
international legal texts that would allow such
cooperation. Firstly, the Friendship
and Cooperation Treaty between Spain and
Morocco
of 1991, refers
to respect for international law, territorial
integrity of states and the non-use of force between
the parties. Secondly, there is the
bilateral agreement on environmental cooperation, of 2000,
which could serve as the legal basis for
the implementation of the Marine Strategy for Marine Demarcation
“Estrecho de Gibraltar-Alborán” through the exchange of information, opinions and suggestions and technical
assistance. The whole legal package could be placed under the
supervision of a Joint Monitoring
Committee.
Moreover, the Barcelona Convention to which both States are
parties, gives the possibility of
concluding bilateral agreements
and establish the general obligation to
protect the environment and contribute to sustainable development.
Finally, within the EU, the
Euro-Mediterranean agreement with Morocco,
of 2000, provides for cooperation
in the areas including monitoring
and preventing pollution of the sea. And in the EU-Morocco Action Plan implementing the advanced status of 2013, the
promotion and protection of the marine environment
are expected, including conservation of
marine ecosystems and the increase of cooperation under the Barcelona Convention and
its protocols.
In summary, our opinion is that there are adequate legal instruments to achieve a good environmental status in the city of Melilla.  This
is possible through practical cooperation between
Morocco and Spain and without
affecting sovereignty claims, and
always with a serious political will of both countries. Environment, and the
Marine Environment, is a Good shared
by the entire International Community.
Classification-JEL: R1
Keywords: Melilla, Marruecos, Estrategia Marina Europea, Medio ambiente marino, Morocco, European Marine Strategy, Marine environment
Pages: 17-42
Volume: 3
Year: 2014
File-URL: http://www.revistaestudiosregionales.com/documentos/articulos/pdf-articulo-2448.pdf
File-Format: Application/pdf
Handle: RePEc:rer:articu:v:3:y:2014:p:17-42