1. The European Union and its Member States have the honour to address the United Nations General Assembly on the commemoration of the 40^th Anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS).
2. The former President of the Third United Nations Conference on the Law of the Sea, Ambassador Tommy Koh, rightly pointed out 40 years ago, that this Conference had succeeded in achieving a comprehensive “Constitution for the Oceans” which would “stand the test of time”. 40 years ago, on 10 December 1982, States from all parts of the world, coastal States, flag States, land-locked States and geographically disadvantaged States, as well as the European Union achieved remarkable results, “even on the most complex of issues”. Indeed, the international community succeeded in adopting the foundation of the legal order governing the uses and resources of the oceans.
3. The Convention provides a carefully balanced and equitable package of rights and duties of States within the different maritime zones. It also reflects a balance allowing for the accommodation of various interests of individual States while protecting the common interests of the international community and mankind as a whole.
4. As the European Union and its Member States have reiterated systematically in preparation of the annual General Assembly resolutions on Oceans and the Law of the Sea, UNCLOS sets out the legal framework within which all activities in the ocean and seas must be carried out.

It is rightly considered as the “Constitution for the Oceans” and is one of the most robust and far-sighted instruments ever adopted. Its provisions reflect customary international law and are thus binding on all States irrespective of whether they have acceded to the Convention or not. By establishing the legal order for seas and oceans, the Convention contributes to sustainable development as well as to the peace, security, cooperation and friendly relations among all nations.

5. The Convention enshrines the freedom of navigation and overflight and the rights of innocent and transit passage. It also contains rules for the protection and preservation of the marine environment as well as rules on marine scientific research, to mention a few. It is therefore imperative that the freedoms and rights enjoyed under the Convention by all States, including landlocked States, are respected. Similarly, it is also imperative that the sovereignty and sovereign rights of coastal States over their maritime zones, as established under the Convention, are respected, including those generated by islands. All members of the international community must abide by the fundamental principles and rules of the law of the sea and should refrain from any actions undermining regional stability and security. We also remind that all maritime claims should be made and peacefully resolved in accordance with UNCLOS.
6. It is also important to recall some of the key milestones achieved in the field of the law of the sea with UNCLOS:

First, the Convention resolved the issue of the maximum breadth of the territorial sea. Consequently, the breath of the territorial sea shall be established in accordance with UNCLOS.

Second, the Convention succeeded in establishing compulsory procedures of dispute settlement which contribute to the maintenance of international peace and security as well as strengthen the principle of the peaceful settlement of international disputes.

Third, the Convention created three new institutions, the International Seabed Authority, the International Tribunal for the Law of the Sea, and the Commission on the Limits of the Continental Shelf. It is without doubt that these institutions make an important contribution to the development of the law of the sea.

7. The European Union and its Member States would also like to recall the important contribution of former Permanent Representative of Malta to the United Nations, Ambassador Arvid PARDO, a Swede and Maltese national, who in 1967 made a historic proposal that the seabed and its mineral resources constitute the common heritage of mankind. This proposal was translated into the well-known principle of the common heritage of mankind in Part XI of UNCLOS.
8. The Convention remains as pertinent as ever to support the United Nations Sustainable Development Goal’s Common Agenda and its roadmap for the development and effective implementation of international law. To this end, the significance of the implementation of Part XII of the Convention to protect and preserve the marine environment and its living marine resources against pollution and physical degradation is indisputable. In this framework, the adoption of the WTO Fisheries Subsidies Agreement constitutes a major step toward ocean sustainability by prohibiting harmful fisheries subsidies, while the effective implementation of the Convention is a fundamental prerequisite for the achievement of Sustainable Development Goal 14 and related SDGs.
9. The rights and obligations of coastal States and other States in the different maritime zones established in UNCLOS have also contributed to establish and maintain international peace and security. The European Union and its Member States conform with the rules of international law, including UNCLOS, and urge States to abide by international agreements addressing maritime safety and security. For this, the effective implementation of the Convention, as well as international cooperation at regional, sub-regional and bilateral levels are essential.
10. The international community is facing new, urgent challenges. Climate change, sea level rise as well as the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction are among those issues that will certainly have an impact in the field of the law of the sea, and which UNCLOS can help addressing.

UNCLOS provides the framework for further development of specific areas of the law of the sea. It is a “living instrument”. Let me illustrate this. Under UNCLOS, the international community has adopted two implementing agreements, the 1994 Agreement on the Implementation of Part XI of the Convention to elaborate the regime for deep seabed beyond the limits of national jurisdiction, and the 1995 Fish Stocks Agreement in order to elaborate provisions concerning the conservation and management of fish stocks provided for in Parts V and VII of the Convention.

11. Regarding the ongoing negotiations on an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ), the international community can make it happen again.

We were very close to strike a deal in the last round of the negotiations in August. The resumed fifth session of the Intergovernmental Conference is scheduled from 20 February to 3 March next year. Now, more than ever, we need to show the necessary flexibility to reach our common goal: the conclusion of an ambitious, universal, effective, inclusive, fair, balanced and future proofed BBNJ Agreement. Reaching an agreement would send a powerful signal about the good functioning of the multilateral system as well as on the determination of the international community to protect marine biodiversity and to strengthen international ocean governance. It is urgent to act to counter the many pressures the ocean is facing. The European Union and its Member States are committed to further rapid progress in these negotiations. We are glad to now count 50 countries on board of the High Ambition Coalition on BBNJ. We call on all States, which have not yet done so, to consider joining this coalition.

12. On the topic of sea level rise in relation to international law, the European Union and its Member States would wish to congratulate once again the International Law Commission and the Study Group for the excellent work done so far on a matter that is of high importance for the international community as a whole.

The European Union and its Member States look forward to further discussions on all aspects of this issue, the law of the sea aspects as well as issues related to statehood and the protection of affected persons by sea level rise, account taken of the crucial respect of the integrity of UNCLOS. Consequently, we would like to reiterate that any deliberations where the International Law Commission examines possible responses to the challenges posed by sea level rise need to be in line with and respect the legal framework established by the Convention.

13. The United Nations General Assembly has recognised the pre-eminent contribution of UNCLOS to the strengthening of peace, security, cooperation and friendly relations among all nations, to the promotion of the economic and social advancement of all peoples of the world, as well as to the sustainable development of the oceans and seas.
14. The adoption of UNCLOS, 40 years ago, marked an important milestone in the development of the law of the sea. However, an important amount of work remains to be done. The role of international organisations, like the International Maritime Organisation, the United Nations Food and Agriculture Organisation, Regional Fisheries Management Organisations as well as other processes, such as the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea, in further developing the law of the sea should not be underestimated.
15. The European Union and its Member States remain committed to the respect of the legal order for the seas and oceans established by UNCLOS and to the respect of its integrity.

We call on all States to continue to maintain the integrity of UNCLOS, to respect all its provisions, and to condemn any attempt to restrict, undermine, or blatantly disregard this unique instrument.

Thank you for your attention.