Dimitris Chatzidimitriou: Taking stock of what the Greek-Italian agreement on the EEZ means

No special argument is needed to demonstrate the political significance and legal significance of the Greek-Italian agreement, for the declaration-delimitation of the EEZ between Greece and Italy and the regulation of related issues that arise, as a result of their decision.

Ankara’s reaction is awkward, as was the statement with Foreign Minister Mevlut Çavuşoglu, since the Greek-Italian agreement offers another model. This is the appropriate model for managing such issues, in the face of Turkey’s piratical behavior, which threatens to plunge the Eastern Mediterranean into chaos, with consequences that go beyond the geographical boundaries of the region.

The Greek-Italian agreement on the delimitation of the EEZ, even with a delay of 43 years (!), Is the necessary step for the finalization-clarification of maritime borders between the two countries, given the agreement of 24 May 1977 on the delimitation of their continental shelves. This confirms the firm perception of the International Court of Justice that there is no EEZ without a continental shelf, as Professor Panagiotis Liargovas recently recalled.

The regulation-demarcation based on the principle of the “Middle Line” fully corresponds to the stable positions of Athens, much more so, as the mainland coast of Italy and the western shores of the Greek islands in the Ionian Sea are taken as the starting point. regarding the complex of the Diapontian islands (12 islands and islets) north-northwest of Corfu, but also Strofades (Stamfani and Arpyia) south of Zakynthos.

Historical precedents

Controversy over the limited sovereignty and reduced influence of these island complexes has been expressed by people who ignore – or want to ignore – the geography of the area, with the Othonoi islands, for example, just 47 nm away from cape Santa Maria di Leuca, Italy. It should be noted that the borders of the Middle Line remain open at both ends, north and south, as agreements with Albania and Libya are pending.

In a similar agreement on the demarcation of the continental shelf between Italy and Yugoslavia – signed on January 8, 1968 based on the principle of the Middle Line, with deviations – the Contracting States took into account the geography of the coasts and islands in the region, considering them of reduced influence.

Also, the agreement on the demarcation of the continental shelf between Italy and Tunisia – August 20, 1971 – was agreed on the basis of the principle of the Middle Line, with deviations. The islands in the area were taken into account, giving the Italian islands of Pantelleria, Lampedusa, Linosa and Lampione autonomous sections of continental shelf 13 and 12 n.m. within the continental shelf of Tunisia, due to their proximity to the coasts of Tunisia, while the rest of the islands were fully affected. Also, based on the principle of the Middle Line, the continental shelf was demarcated between Albania and Italy, with the signing of an agreement on December 18, 1992.

Ensuring fishing relationships

With the agreement signed by the two foreign ministers, Nikos Dendias and Luigi di Mayo – and with the reservation of the notification of the whole – it seems that the issues of the fishing relations between the two countries are also addressed. The International Law and EU Regulations in the framework of the Common Fisheries Policy are also a guide in this matter.

• Article 51 of the United Nations Convention on the Law of the Sea (Montego Bay, 10/12/1982) recognizes “traditional fishing rights”.
• Articles 61-72 establish rules for the exploitation and maintenance of “living resources”, as well as the rights – under certain conditions – of closed states to participation, “on an equal footing in the exploitation of part of the surplus of living resources. of the EEZs of coastal States, etc. etc. ” (case of Northern Macedonia).
• From the time of Hugo Grotius, in the 17th century, to the present day, the issue of fishing has been the subject of both international law and the International Court of Justice and the European Court of Justice, or ad hoc arbitral tribunals, as Coastal States have expanded. They have tended, and tend, to declare exclusive fishing zones when they see fit.
• Fishing relations between Greece and Italy were defined before the war by the Convention of 24 November 1926, recognizing the Italian fishermen a privileged status in Greek waters and the Greeks having similar rights in the waters of Cyrenaica and Tripoli, Italian colonies, at the time. (For more information, see T. Katsoufrou’s presentation at the conference on International Justice and its implementation in the Aegean. Rhodes, November 4-6, 1994).
• On November 5, 1948, the Treaty of Friendship, Trade and Shipping was signed, which established the status of the “rather favored State” for both countries, mutually.
• With the Act of Accession of Greece to the European Economic Communities (1979), bilateral fisheries relations were regulated by Articles 110-111 of the Act and the relevant European regulations.

However, Italy, by a decree of November 20, 1984, established an exclusive fishing zone of 12 nm on all its shores, silently encouraging the delinquency of Italian fishermen not only in the Ionian but also in the Aegean. (The victims of arbitrariness are not only the “red shrimp”, but also the swordfish of the Greek seas). There were frequent incidents between fishermen from the two countries, culminating in the ramming of a Italian fishing of a Greek-owned fishing boat in August 1992 and the arrest of 25 Italian fishermen by the Greek Coast Guard, in accordance with the Fisheries Code. While the mixed sailing patrols of the Port Authorities of the two countries are continuous for the deterence and prevention of illegal activity.

Expansion of territorial waters to 12 n.m.

Common Fisheries Policy, as defined in Regulation (EU) No 182/2011 1380/2013 of the European Parliament and of the Council, is to ensure the exploitation of marine biological resources in a way that provides sustainable economic, environmental and social conditions.

With the signing of the Agreement by the two Foreign Ministers, Greece’s right to expand its territorial waters to 12 nm is recognized, with the strict determination – and restriction – of 67 Italian fishing boats that can operate within Greek maritime zone and for four specific types of fishing.

At the same time, the obligation of the joint performance in the competent European bodies to amend the relevant regulations of the Common Fisheries Policy was undertaken, in a way that is compatible with the interests of both parties.