Legal provisions of COM(1999)190-1 - Approval of the new Annex to the Convention for the protection of the marine environment of the North-East Atlantic on the protection and conservation of the ecosystems and biological diversity of the maritime area, the corresponding Appendix 3 and the Agreement on the meaning of certain concepts in the new Annex

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51999PC0190(01)

Proposal for a Council Decision concerning the approval, on behalf of the Community, of the new Annex to the Convention for the protection of the marine environment of the North-East Atlantic on the protection and conservation of the ecosystems and biological diversity of the maritime area, the corresponding Appendix 3 and the Agreement on the meaning of certain concepts in the new Annex /* COM/99/0190 final - CNS 99/0095 */

Official Journal C 158 , 04/06/1999 P. 0001


Proposal for a Council Decision concerning the approval, on behalf of the Community, of the new Annex V to the Convention for the protection of the marine environment of the north-east Atlantic on the protection and conservation of the ecosystems and biological diversity of the maritime area, the corresponding Appendix 3 and the Agreement on the meaning of certain concepts in the new Annex

(1999/C 158/01)

(Text with EEA relevance)

COM(1999) 190 final - 99/0095 (CNS)

(Submitted by the Commission on 26 April 1999)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130r(4), the first sentence of Article 228(2) and the first subparagraph of Article 228(3) thereof,

Having regard to the Commission proposal,

Having regard to the opinion of the European Parliament,

(1) Whereas the Community is a Contracting Party to the Convention for the protection of the marine environment of the north-east Atlantic (OSPAR Convention purusant to Council Decision 98/249/EC of 7 October 1997(1);

(2) Whereas the aim of the Convention is to prevent and eliminate pollution and to protect the maritime area against the harmful effects of human activities; whereas it entered into force on 25 March 1998;

(3) Whereas the executive body of the OSPAR Convention (the OSPAR Commission may adopt amendments to the Convention, including new annexes and appendices; whereas it has adopted a new Annex V on the protection and conservation of the ecosystems and biological diversity of the maritime area, Appendix 3 which stems from it, and an Agreement on the meaning of certain concepts in Annex V, all of which are referred to hereinafter as 'Annex V';

(4) Whereas the preservation, the protection and the improvement of the quality of the environment, including the conservation of natural habitats and of wild flora and fauna and the protection of biodiversity are an essential objective of general benefit which is being pursued by the Community as provided for in Article 130r of the Treaty; whereas the new Annex V to the OSPAR Convention may contribute to the achievement of that objective;

(5) Whereas the Community has adopted measures in the field covered by Annex V; whereas it must enter into international commitments in this field;

(6) Whereas the objectives of Annex V supplement the objectives of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(2) and of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(3); whereas those Directives already provide a Community framework for the protection of habitats and species in the geographical area in which they apply; whereas the adoption of Annex V by the Community does not prejudice the implementaion of those Directives;

(7) Whereas the Community took part in negotiating Annex V, in accordance with the Council Conclusions concerning negotiating directives for the Convention for the protection of the marine environment of the north-east Atlantic;

(8) Whereas the Community should approve this Decision,

HAS DECIDED AS FOLLOWS:


Sole article

1. Annex V to the Convention for the protection of the marine environment of the north-east Atlantic (including the corresponding Appendix 3 and the Agreement on certain concepts in Annex V is hereby approved on behalf of the Community.

The text of the said Annex V is attached to this Decision.

2. The Commission is authorised to notify this approval to the OSPAR Commission.