Freedom of Navigation Act

Sertia

Thank you, Councillor Mizrachi-Roscoe.
I'd like to propose the following amendment to II.VI, which currently says:
VI. Nations shall have complete rights over exploitation of the resources within their Territorial Waters, including those under the seabed.

My proposed amendment to this clause is:
Where necessary, states may prohibit makes or models of vessels from transiting territorial waters, where the structure or features of the vessel pose a threat to the wellbeing of the territorial waters. However, if on arrival to such waters a vessel is deemed offensive to the natural wellbeing of the environment, the state will not be permitted to deny entry to the vessel on grounds of environmental safety.

Under this amendment, states would be allowed to publish lists of certain vessel models which would not be allowed to pass through their waters for concerns of natural safety. It would not allow arbitrary refusal of entry on these grounds, which would prevent discrimination based on nationality or other factors for which it is not the purpose of this amendment to consider.

Furthermore, I'd like to add the following clause:

Where it is suspected that a model of vessel is prohibited for the purposes of undermining the freedom to transit herein guaranteed, the Observatory of European Navigation may issue the defendant state a fine of an amount to be decided at the time of the verdict, and allow the vessel model to transit those territorial waters.

I welcome any changes to this amendment, but I do believe that the amendment, or a resemblance thereof, is necessary.

Yosai

I just have a question for my colleague. " Where necessary, states may prohibit makes or models of vessels from transiting territorial waters, where the structure or features of the vessel pose a threat to the wellbeing of the territorial waters. However, if on arrival to such waters a vessel is deemed offensive to the natural wellbeing of the environment, the state will not be permitted to deny entry to the vessel on grounds of environmental safety."

Is there a criteria for environmental safety or has that not been defined?

Sertia

While I am aware that it would be best to define environmental safety, I'm sure we can all appreciate that every region of the EU has distinct needs regarding this. Such is why I have left it undefined. However, this amendment, in conjunction with the clause I've proposed, would allow for strict penalties should this rule be abused, and I hope this encourages states to utilise this rule in the way it is intended.

Spain

I request a debate extension.

Donald Tusk
Councillor for Spain

Yosai

I do agree with my British colleagues Amendments and combine that with the environmental amendments of Ms Dina from Gadalland and Aspern. This can be a good set of amendments that work for all nations involved.

BrumBrum

I would like to urge every councillor to vote for ammendment III from myself as part of the compromise to make sure all voices have been listened to. I appologise for my mistake in putting the Caspian exception in and can only say it was for good intentions of not damaging the viability of a key treaty in the Caspian for regulating the waters of the Caspian in terms of exploitation and potentially opening up issues in the Caspian should that treaty fail. We have now managed to find a compromise and agreement from Caspian members to align the Caspian treaty to any EU laws that shall pass within reason. I again appologise for this mistake and the perceived hypocrisy of including this clause. The appearance of hypocrisy is bad enough to warrant an appology buy you must ALL vote for amendment 3 of mine to fix this error in the act. I would particuarly like to appologise to the right honourable councillor for the Duxburian Union who I know was upset at the perceived hypocrisy.

James Mizrachi-Roscoe, Councillor for United Duchies

Istkalen

Debate will be extended to 23:59 GMT on 1 February 2023.

Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen

Istkalen

Debate will be extended to 23:59 GMT on 5 February 2023.

Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen

Istkalen

Debate has ended. Several amendments have been proposed, as follows:

AMENDMENT I

SECTION I

Every member state has a right to own territorial water of up to twelve nautical miles.
This includes inland seas, canals etc.

SECTION II
Straits, as geographic entities, are to be international waters and is not the domain of one nation.

SECTION III
Revenue tolls are prohibited if they are enacted to obstruct access.

Amendment II :

Territorial waters: any mass of water, extending up to 12 nautical miles from a state’s coastline n in which that state exercises its sovereignty.

International waters: any mass of water extending up from 12 nautical miles from a state’s coastline.

Amendment III:
Territorial waters: any mass of water, extending up to 24 nautical miles from a state’s coastline in which that state exercises its sovereignty.
International waters: any mass of water extending up from 24 nautical miles from a state’s coastline.

Amendment IV:
SECTION II: REGULATIONS
I. Ships of any nature are entitled to freely navigate international waters.
II. Ships of any nature are entitled to transit through straits or any analogous natural waterway connecting two or more masses of international water under the right of transit passage.
III. No state shall unilaterally grant itself the right to deny or limit the passage of any ship through international waters or through territorial waters under the right of transit passage.
IV. Transit passage of a ship through territorial waters may be denied only in the event of a clear violation of European Union law and with the consent of the appropriate national court.
V. An Observatory of European Navigation shall be established, in order to oversee the proper implementation of this Act.
VI. Nations shall have complete rights over exploitation of the resources within their Territorial Waters, including those under the seabed.
VII. Member States may deny military passage through their territorial waters
~~VIII. Any provisions in this treaty shall not apply to the Caspian Sea which shall be governed by the Caspian Treaty as long as it continues to exist.~~

Amendment V

VI. Nations shall have complete rights over exploitation of the resources within their Territorial Waters, including those under the seabed. Where necessary, states may prohibit makes or models of vessels from transiting territorial waters, where the structure or features of the vessel pose a threat to the wellbeing of the territorial waters. However, if on arrival to such waters a vessel is deemed offensive to the natural wellbeing of the environment, the state will not be permitted to deny entry to the vessel on grounds of environmental safety.

Amendment VI

SECTION III

IV. Where it is suspected that a model of vessel is prohibited for the purposes of undermining the freedom to transit herein guaranteed, the Observatory of European Navigation may issue the defendant state a fine of an amount to be decided at the time of the verdict, and allow the vessel model to transit those territorial waters.

Voting on amendments will begin now and continue until 23:59 GMT on 15 February 2023.

Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen

Spain

I vote FOR Amendments III and V and AGAINST Amendments I, II, IV and VI.

Donald Tusk
Councillor for Spain

Sertia

Gadalland and Aspern votes AGAINST amendments I and II and FOR all other amendments.

Ms. Edutitalle Dina
ERE BACH'AIR DUN

Yosai

On behalf of the Federal Republic of Yosai I vote FOR Amendments I,II, IV, and VI and AGAINST Amendments III and V

Izumi Miwako
Councillor for Yosai

California

On behalf of the United Kingdom, I vote FOR amendments I, II, IV, V and VI.

Councillor David Miliband

BrumBrum

On behalf of United Duchies I vote FOR amendments I, II, IV, V and VI and AGAINST amendment III

Councillor for United Duchies , James Mizrachi-Roscoe

Elthize

Representing The State of Elthize, I vote FOR the fourth amendment and ABSTAIN from voting on all others.

Liam Zachary
*Councillor for The State of Elthize

Mishar Republic

On behalf of the Mishar Republic, I vote FOR Amendments III and V and AGAINST I, II, IV, and VI.

Mrs. Susie Dakota, Councillor for the Mishar Republic

Istkalen

On behalf of the Republic of Istkalen, I ABSTAIN on Amendment I, vote AGAINST Amendment III, and vote FOR all other amendments.

Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen

Leagio

On behalf of the Commonwealth of Leagio, I vote FOR Amendments II, IV, and V. In addition, I vote AGAINST Amendments I, III, and VI.

Lionel Morel
EU-Councilor for Leagio

Ineland

On behalf of the United Principalities of Ineland, I vote FOR amendments I, II, IV, V and VI, and AGAINST amendment III.

Kingdom of Reitzmag

Assembly for the European Council

The Kingdom of Reitzmag's Assembly for the European Council has decided through a vote with the presence of all members as follows:

Question: Support Amendment I in the Freedom of Navigation Act of 2023

Ayes - 11
Noes - 0
Abtentions - 0