"I apologize for a lack of input from myself on this act. I do wish to offer some actual amendments since it appears none were officially proposed."
AMENDMENT 1:
ARTICLE III. ENFORCEMENT
SECTION 5. ESTABLISHMENT OF THE EUROPEAN BORDER REGULATION AGENCY
Remove Entire Section
SECTION 6. IMPLEMENTATION
I. This act shall be effective immediately after it is passed in the European Council and published in the Acquis Communautaire of the European Union.
II. All member states of the European Union are required to harmonize their national law(s) with this Act in 8 months of time from its approval by the European Council.
III. Breaches of this Act shall be considered a punishable offense in member states. Failure of member states to enforce this Act may be tried in the European Court of Justice.
AMENDMENT 2:
SECTION 4. RULES FOR OTHER INSTANCES
SUBSECTION A. STRAITS
I. A Strait shall be defined as a narrow body of water that connects to large bodies of water, the narrowest distance between the flanking coastal states must be at most 50 nautical miles (93 kilometres) in order to be considered a strait or the area will be considered a channel instead.
II. If the narrowest point between the coastal states flanking the strait is lower than 12 nautical miles (22km), the strait is thereby declared as a Strait used for International Navigation. These straits shall have shared jurisdiction between the bordering states.
III. If the narrowest point between the coastal states flanking the strait is greater than or equal to 12 nautical miles (22km), the following set of rules shall apply:
The Territorial Waters shall extend out to 6 nautical miles (11 kilometres) from the baseline.
The Contiguous Zone may extend up to 6 nautical miles (11km) beyond the 6-nautical-mile (11 km) limit of the territorial sea.
The Exclusive Economic Zone shall extend half the distance of the narrowest point of the strait.
IV. Ships and aircraft of all countries are given the right to transit passage through straits used for international navigation. States bordering the straits may regulate the exercise of this right.
V. Ships and aircraft of all countries are also given the right of innocent passage through all straits. This right may not be regulated or suspended by the states bordering the strait.
SUBSECTION B. LANDLOCKED STATES
I. Land-locked States have the right of access to and from the sea and enjoy freedom of transit through the territory of transit States.
II. Land-locked and geographically disadvantaged States have the right to participate on an equitable basis in exploitation of an appropriate part of the surplus of the living resources of the EEZ's of coastal States of the same region or sub-region, highly migratory species of fish and marine mammals are accorded special protection.
SUBSECTION C. ARCHIPELAGIC STATES
I. Archipelagic States, made up of a group or groups of closely related islands and interconnecting waters, have sovereignty over a sea area enclosed by straight lines drawn between the outermost points of the islands; the waters between the islands are declared archipelagic waters where States may establish sea lanes and air routes in which all other States enjoy the right of innocent passage through such designated sea lanes.
II. Archipelagic States shall be responsible for the conservation of the natural resources within its waters.
AMENDMENT 3:
ARTICLE II. REGULATIONS
SECTION 1. DEFINITION AND SPECIFICATION OF ZONES
I. Inland Waters are defined as all water and waterways on the landward side of the baseline.
II. The Territorial Waters shall extend out to 12 nautical miles (22 kilometres; 14 miles) from the baseline.
III. The Contiguous Zone may extend up to 12 nautical miles (22km) beyond the 12-nautical-mile (22 km) limit of the territorial sea.
IV. The Exclusive Economic Zone shall extend 200 nautical miles (370 kilometres; 230 miles) from the baseline.
V. The Continental Shelf is defined as the natural prolongation of the land territory to the continental margin's outer edge, or 200 nautical miles (370 km) from the coastal state's baseline, whichever is greater. A state's continental shelf may exceed 200 nautical miles (370 km) until the natural prolongation ends. However, it may never exceed 350 nautical miles (650 kilometres; 400 miles) from the baseline; or it may never exceed 100 nautical miles (190 kilometres; 120 miles) beyond the 2,500-meter isobath (the line connecting the depth of 2,500 meters).
VI. The waters beyond the areas defined above shall be considered International Waters in which all ships from all nations have the right to passage without any limit. No nation or entity will have jurisdiction over these waters and that any entity has the right to conduct research/navigation through the area.
SECTION 2. RIGHTS OF ENTITIES WITH REGARDS TO THE ZONES
SUBSECTION A. INTERNAL WATERS
I. The coastal state is free to set laws, regulate use, and use any resource within this area.
II. Foreign vessels have no right of innocent passage within internal waters.
III. A vessel in the high seas assumes jurisdiction under the internal laws of its flag State.
SUBSECTION B. TERRITORIAL WATERS
I. The coastal state is free to set laws, regulate use, and use any resource.
II. Civilian Vessels shall be given the right of innocent passage through any territorial waters. , with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters.
III. The coastal state may temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of their security. The duration of the temporary suspension may not be longer than 2 months, any further expansion should be approved by the European Border Regulation Agency.
SUBSECTION C. CONTIGUOUS ZONE
I. The coastal state may continue to enforce laws in four specific areas: customs, taxation, immigration, and pollution; if the infringement started within the state's territory or territorial waters, or if this infringement is about to occur within the state's territory or territorial waters.
II. Vessels are given the right of innocent passage in this zone.
SUBSECTION D. EXCULSIVE ECONOMIC ZONE
I. Within this area, the coastal nation has sole exploitation rights over all natural resources within the area.
II. Foreign nations have the freedom of navigation and overflight in this zone, subject to the regulation of the coastal states.
III. Foreign states may lay submarine pipes and cables in this area.
IV. The Coastal state may construct artificial islands, installations, and structures within this area. Owners of such artificial features are permitted to establish reasonable safety zones that must require the approval of the European Border Regulatory Agency. Since they are not naturally occurring, artificial features do not create a territorial sea, contiguous zone, EEZ, or continental shelf.
V. All marine scientific research in the EEZ and on the continental shelf is subject to the consent of the coastal State, but in most cases they are obliged to grant consent to other States when the research is to be conducted for peaceful purposes and fulfils specified criteria.
SUBSECTION E. CONTINENTAL SHELF
I. Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others.
II. Coastal states have exclusive control over all living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone.
III. Coastal states may not apply special regulation to this area.
IV. Coastal States share with the international community part of the revenue derived from exploiting resources from any part of their shelf beyond 200 nautical miles from the baseline.
AMENDMENT 4:
SECTION 3. SPECIAL RIGHTS TO VESSELS/AIRCRAFT
SUBSECTION A. RIGHT TO INNOCENT PASSAGE
I. Innocent passage shall be defined as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state.
II. The following may not be considered innocent activities:
- Fishing
- Polluting
- Weapons practice
- Transit of any military vessels
- Spying
- Piracy
III. During the conduct of this right, submarines and other underwater vessels are required to navigate on the surface and to show their flag. to indicate to the proper authorities in the area of their expected transit. They are only required to relay they are an underwater vessel, their nation of origin, and that in case of emergency may need to conduct an emergency surface breach. These vessels are responsible for any damages that may arise from any surface breaching.
SUBSECTION B. RIGHT TO FREEDOM OF NAVIGATION AND OVERFLIGHT
I. Freedom of Navigation and Overflight refers to the rights of vessels/aircraft to navigate/fly through an area without unnecessary delay.
II. During the conduct of this right, the Coastal State may not interfere the right of passage of a vessel or aircraft flying/displaying the flag of a sovereign state.
SUBSECTION C. RIGHT TO TRANSIT PASSAGE
I. Transit passage refers to the exercise of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.
II. The requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State.
The Kingdom of Spain
