engleski

Protected Ecological and Fishing Zone in the Republic of Croatia and Environmental Protection

The 1994 Maritime Code of the Republic of Croatia in Chapter IV, Articles 32 to 41, contains provisions on the Exclusive Economic Zone (EEZ) of the Republic of Croatia. In Article 1042 of the Maritime Code of the Republic of Croatia it is defined that the provisions from Chapter VII on the EEZ will be applied only if the Croatian Parliament decides to proclaim an EEZ. The decision on the proclamation of the EEZ of the Republic of Croatia has been constantly delayed for years, despite not only the pressure of Croatian fishermen, but the Croatian public in general. During the era of the former state, the Socialist Federative Republic of Yugoslavia (SFRY) never proclaimed such a zone due to various political reasons, especially due to unwillingness to disturb good relations with Italy, even though the SFRY did ratify the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Based on Article 1024 of the Maritime Code stated hereinabove, and in relation to Article 55 of the 1982 UNCLOS, the Croatian Parliament passed the Decision on the Extension of the Jurisdiction of the Republic of Croatia in the Adriatic Sea at its Session of October 3, 2003. Due to the fact that Slovenia and Italy expressed their dissatisfaction with the proclamation of the EEZ, the Republic of Croatia has proclaimed a worldwide unique legal regime on the sea - instead of proclaiming the EEZ, Croatia has proclaimed the Protected Ecological and Fishing Zone (PEFZ). In this paper authors elaborate reasons and objectives behind the proclamation of PEFZ, interrelation between an exclusivity concept and a protection concept, specific position of EU member states in relation to the PEFZ, as well as legal and practical repercussions of its proclamation.

Protected Ecological and Fishing Zone, Republic of Croatia, environmental protection, sustainability

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