Soon after Joe Borg was appointed EU Commissioner for Fisheries and Maritime Affairs, the President of the Commission and Dr Borg published a communication aptly titled Towards A Future Maritime Policy For The Union: A European Vision For The Oceans And Seas.
This explained his initial objective as being that of formulating a Green Paper after wide consultation which would constitute a first step towards developing an integrated maritime policy for the EU, in order to address "the particular need for an all-embracing maritime policy aimed at developing a thriving maritime economy and the full potential of sea-based activity in an environmentally sustainable manner".
The approach is a deliberately broad one, being both inter-disciplinary as well as multi-sectoral. Dr Borg has since stated on various occasions that the EU is breaking new ground with this new initiative, in attempting to bring together differing, and sometimes competing, aspects of our relationship with the seas and the oceans into an integrated framework with sustainable long-term aims.
He has stated unequivocally that the EU must put people at the centre of such an initiative. In fact, he excludes a policy that focuses only on raising competitiveness of maritime industries but also emphatically excludes one that focuses only on conservation and protection of the environment: "What we have is a broader and more comprehensive goal: our goal is to contribute to the well-being or Europeans, both present and future". No one will be criticised for describing such a task as Herculean, but Dr Borg has proved himself to be a results-oriented person before.
Now consider the situation of Malta and how it can engage and contribute to such an initiative: a small island member state in the centre of the Mediterranean Sea but on the periphery of the European continent - a true crossroads of cultures as well as trade routes.
No natural resources, other than its climate, its beautiful sea and the time-honoured skills of its people. A service economy through and through, not by design, but as of necessity. Historical as well as existential reasons account for its interest in shipbuilding and ship repair. Although heavily dependent on imports by sea, Malta has transformed a potential problem into opportunity by developing its ports and Freeport to a degree that they are strategic not only for domestic but also European as well as global trade. Tourism has become a mainstay of the island's service economy largely as a result of the rich and varied maritime dimension which makes Malta so attractive for visitors.
Clearly Malta is a quintessential stakeholder in any issue which is maritime. This is one of the reasons why it has assured for itself an appropriate voice in international maritime fora, perhaps out of proportion to its physical territorial size but certainly not when viewed in terms of the importance the maritime dimension has to its economy and very identity as a nation. This has been done most tangibly by developing its ports infrastructure, a large viable fleet flying its flag, as well as other maritime services for the international community. This has been accompanied by placing clear focus on maritime sector training and education. The Maltese Register of Ships is indeed the largest open register within the European Union and this certainly gives us weight in the international maritime scene, in Europe and beyond.
With opportunity, of course, as with freedom, comes responsibility. The challenge now facing Malta is that of continuing to develop systems and structures that should enable it to continue developing and sustaining a maritime technical and professional community and sustain its own unique contribution to Europe-wide and, indeed, global, discussion in the maritime sphere.
Malta has had a good record in the past. The legal principle providing that seabed resources beyond the territorial waters of any state are the common heritage of mankind was first introduced by Malta at the UN in the 1960s. The second Nationalist administration after independence, between 1987 and 1992, proved to be a forerunner of the present EU Commission, with Maritime Affairs being added as a specific ministerial portfolio, then occupied by the late Joe Fenech. During that time, Maritime Malta was established in a clearly structured and incontrovertible manner, culminating in the establishment of the Malta Maritime Authority in 1992. Indeed, Malta has shown leadership in international maritime fora in its post-independence past and can show renewed leadership post-EU accession.
The secretary general of the International Maritime Organisation has recently declared that "Shipping urgently needs dynamic leaders to promote its standing among the general public". Malta can and should live up to such a challenge of responsibility. Indeed, such leadership need not necessarily come from individuals but from Malta as a sovereign country with a comprehensive stake in all aspects of an integrated maritime policy. After all, the maritime dimension touches most, if not all, aspects of the island's economy and identity and therefore any proper contribution originating from Malta cannot but be all-encompassing.
In preparing for this short piece, I conferred with some of my colleagues, asking how an integrated maritime policy could be approached. Ideas were not lacking: One colleague suggested that the correct approach should be based on what she called the three Ss, standing for Sustainability, Security and Subsidiarity. Another said "No: it should be based on the three Ts, standing for Technology, Talent and Tolerance".
In reality, Malta's contribution cannot be about re-inventing wheels or making spectacular discoveries. It is all about providing the right direction for an area of activity which has never been purely commercial or economic. It is an area of activity that has never shed its aura of adventure, risk and lore. This is why Dr Borg is correct in setting ambitious objectives for Europe, placing the person at the centre.
A future EU maritime policy should indeed be based on the principles of sustainability, security and subsidiarity. It should also be based around technological development, talent and tolerance, avoiding a "one size fits all" approach, as recognised by Commissioner Borg.
All stakeholders should take up the challenge and engage in the process being stewarded by Dr Borg but out of confidence not fear. There must be a realisation that the sea cannot be approached in a sectoral manner but in a truly integrated fashion and Malta can lead by example.
Lino Vassallo, executive director of Merchant Shipping at the Malta Maritime Authority, was recently quoted in the international press to have stated: "Malta brings something fresh and valuable to the wider debate over the future of the shipping industry, both within the IMO and now in the EU. It is an active participant in key debates".
He adds further that Malta is not just another voice on the table: "We bring not just tonnage to the EU but a certain maritime consciousness, a maritime vocation. This is something we can give to Europe. The addition of Malta, as well as Cyprus, to the EU, with our experience of ship owners and flag administration, also brings an awareness that you can work hand-in-hand with the industry rather than just pushing things through unilaterally".
He could not have put it more eloquently or correctly. It is indeed important that Malta harnesses all intellectual and other resources available to it in order to ensure that its contribution to the European maritime policy debate is as comprehensive as it can be convincing.
Dr Fenech is managing partner at Fenech & Fenech Advocates.
This article is based on an address made at a conference held in London by the European Maritime Law Organisation.
tonio.fenech@fenlex.com