Abstract :
[en] Based on Article 1024 of the Maritime Code of the Republic of Croatia (1994), and in
accordance with Article 55 of the United Nations Convention on the Law of the Sea (1982),
the Croatian Parliament has adopted the Decision on the Extension of the Jurisdiction of the
Republic of Croatia in the Adriatic Sea at its session of October 3, 2003. By that Decision,
and in accordance with Part V of the United Nations Convention on the Law of the Sea
(1982), the specific regime of the so-called Ecological and Fisheries Protection Zone (EFPZ)
of the Republic of Croatia was proclaimed. The Decision has caused big controversies in
Croatia as well as between interested neighbouring countries and beyond. Due to
political reasons and pressures, the Croatian authorities have abandoned the declaration of the
Exclusive Economic Zone (EEZ), which would have been completely in accordance with
International Law of the Sea norms. When the Maritime Code was passed (1994), the
regime of the EEZ was foreseen in Chapter IV, but its declaration was delayed until the
decision of the Croatian Parliament. The content of the EFPZ refers only to the sovereign
rights for the purpose of exploring and exploiting, conserving and managing the living natural
resources of the waters beyond and adjacent to the Territorial Sea and jurisdiction with regard
to marine scientific research, and protection and preservation of the marine environment.
One of the key reasons for the declaration of the EFPZ is a great concern because of the
endangerment of the living resources in the Adriatic Sea and the fear of the recent increasing
non-Adriatic and non-Mediterranean fishermen's pressure, including the use of so-called
ships-factories. The problem of illegal, unregulated and unreported fishing is especially
serious. The whole variety of the living resources is excessively being exploited in the Adriatic
Sea, and there is no adequate application of planning, limiting and surveillance of fishing in
the part under the regime of the high seas. This tendency endangers the optimal utilization of
the living resources, which affects not only the interests of the Republic of Croatia but also
other Adriatic states. In case of damage on any ship carrying dangerous or harmful
substances, coastal states have the right to intervene only after the accident. After proclaiming
the EEZ, the coastal states have the right to stop ships to prevent a catastrophe if ships are
considered to carry a potentially dangerous freight. Therefore, it is necessary for all the
coastal states in the Adriatic Sea to proclaim their own EEZ. Finally, the Adriatic Sea is a
closed and semi-closed sea according to the definition in Article 122 of the United Nations
Convention on the Law of the Sea (1982), and due to its small dimensions, the consequences
of maritime environment pollution could be great and serious.
