The EEAS this month initiated a discussion at the technical level on the basis of a draft declaration of the EU and its member states on reinforcing the International Law of the Sea framework, according to the EEAS document. That effort “would provide an additional tool to member states to boost the effectiveness of enforcement actions, including providing a basis to board shadow fleet ships,” the document says.
The draft declaration proposes “possible bilateral agreements between the flag states and the EU on pre-authorized boardings for inspections,” the EEAS wrote in the document.
The objective is to finalize the draft declaration by the end of November and to adopt it at the following meeting of EU foreign ministers.
Once the declaration is be supported by member states, the EU’s top diplomat Kaja Kallas will “seek the authorization of the Council to open negotiations for bilateral agreements with identified flag states,” according to the document.
EU member states “increasingly demonstrate a renewed momentum for more robust enforcement actions tackling the shadow fleet,” according to the document, which makes the example of French soldiers that at the start of the month boarded an oil tanker, the Boracay, believed to be part of Russia’s shadow fleet, which was off the coast of Denmark when unidentified drones forced the temporary closure of several airports and also was anchored off western France for a few days.
The EU “could support member states in their efforts if they agree to grant the EU the right to negotiate agreements on their behalf for pre-authorized boardings for inspections,” the document says.