2. Drug trafficking on the high seas
| (a)
(23299)
5382/02
—
(b)
(23320)
5563/02
—
|
Initiative of the Kingdom of Spain with a view to adopting a Council Act establishing in accordance with Article 34 of the Treaty on European Union, the Convention on the suppression by customs administrations of illicit drug trafficking on the high seas.
Initiative by the Kingdom of Spain on the conclusion of a Convention on the suppression by customs administrations of illicit drugs trafficking on the high seas: accompanying memorandum and financial fact sheet.
|
| Legal base | Article 34(2)(d)EU; consultation; unanimity
|
| Department | HM Customs and Excise
|
| Basis of consideration | Minister's letter of 18 July 2003
|
| Previous Committee Report | HC 152-xxix (2001-02), paragraph 2 (15 May 2002)
|
| To be discussed in Council | No date set
|
| Committee's assessment | Legally and politically important
|
| Committee's decision | (Both) Not cleared
|
Background
2.1 This proposal by the Kingdom of Spain relates to the boarding
and seizure of a vessel on the high seas when it is suspected
that the vessel is engaged in illegal drug trafficking. A principal
feature of the proposal is to allow the authorities of one Member
State to board and seize a vessel flying the flag of another Member
States without first seeking the authorisation of the flag state.
2.2 We identified a number of legal and practical
questions raised by the proposal when we considered it on 15 May
2002. Our fundamental point was that the proposal made no convincing
case for dispensing with the consent of the flag state before
a vessel is boarded on the high seas, as is currently required
by customary international law.[5]
It seemed to us that any difficulty of communication with the
relevant flag authorities was a matter for better administrative
cooperation rather than for displacing the exclusive jurisdiction
of a State over a vessel flying its flag.
2.3 The Minister informed us on 16 July 2002 that
a number of other Member States had reservations about the proposal
and that the issue was unlikely to be pursued by the new Presidency.
The Minister's letter of 18 July 2003
2.4 In her letter of 18 July 2003 the Paymaster General
(Dawn Primarolo) informs us that neither the Danish nor the Greek
Presidencies have made any progress on the issue and that the
matter has been handed on to the Italian Presidency. The Minister
further explains that the UK has made clear in negotiations that
the proposal should be withdrawn, by reason both of the legal
and constitutional problems to which it gave rise, and the UK's
belief that further administrative work under the existing Conventions
could ease the situation of any Member State having difficulties.
The Minister comments that other Member States also had reservations
about the proposal.
2.5 The Minister adds that the UK will continue to
encourage the Presidency to suggest to Spain that its proposal
be withdrawn, and that this would enable the UK to pursue its
preferred option of encouraging better use of existing procedures.
Conclusion
2.6 We thank the Minister for her report on the
present state of this proposal. We support her objective of seeking
its withdrawal and we shall look forward to confirmation in due
course that this has been achieved.
5 See Article 92 United Nations Convention on the
Law of the Sea. Back
| 
