Legal provisions of COM(2002)11 - Signing of a new Protocol to the Barcelona Convention concerning cooperation in preventing pollution from ships and in combating pollution of the Mediterranean Sea by oil and hazardous and noxious substances in cases of emergency - Main contents
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| dossier | COM(2002)11 - Signing of a new Protocol to the Barcelona Convention concerning cooperation in preventing pollution from ships and in ... |
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| document | COM(2002)11  |
| date | January 15, 2002 |
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52002PC0011
Proposal for a Council Decision concerning the signing of a new Protocol to the Barcelona Convention concerning cooperation in preventing pollution from ships and in combating pollution of the Mediterranean Sea by oil and hazardous and noxious substances in cases of emergency /* COM/2002/0011 final */
Proposal for a COUNCIL DECISION concerning the signing of a new Protocol to the Barcelona Convention concerning cooperation in preventing pollution from ships and in combating pollution of the Mediterranean Sea by oil and hazardous and noxious substances in cases of emergency
(presented by the Commission)
EXPLANATORY MEMORANDUM
(1) The Community is a Contracting Party to the Barcelona Convention for the protection of the Mediterranean Sea against pollution . Under the Convention, the Community is also a Contracting Party to the following Protocols: Protocol for the prevention of pollution by dumping from ships and aircraft , Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency , Protocol for the protection of the Mediterranean Sea against pollution from land-based sources , and Protocol concerning specially protected areas and biological diversity in the Mediterranean .
Decisions 77/585/EEC of 25.7.1977, JO L240 of 19.7.1977 p.1; 1999/802/EC of 22.10.1999, JO L322 of 14.12.1999 p.32.
Decisions 77/585/EEC of 25.7.1977, JO L240 of 19.7.1977 p.1; 1999/802/EC of 22.10.1999, JO L322 of 14.12.1999 p.32.
Decision 81/420/EEC of 19.5.1981, JO L162 of 19.6.1981 p.4
Décisions 83/101/EEC of 28.2.1983, JO L067 of 12.3.1983 p.1; 1999/801/EC of 22.10.1999, JO L322 of 14.12.1999 p.18.
Decision 1999/800/EC of 22.10.1999, JO L322 of 14.12.1999 p.1.
(2) At their ordinary meeting of 1999, the Contracting Parties to the Barcelona Convention decided to amend the current Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency in order to introduce the provisions necessary for developing a regional strategy for preventing pollution of the marine environment of the Mediterranean caused by ships.
(3) By decision of 24-25 January 2000 (doc. 14243/99 ENV 463 MAR 115), the Council authorised the Commission to take part on behalf of the European Community in the negotiations concerning the said Protocol.
(4) A draft for a new Protocol was drawn up by the Secretariat following the meeting of legal and technical experts held in Monaco from 2 to 6 April 2001. This meeting proposed to the Contracting Parties to the Barcelona Convention that a new Protocol should be adopted rather than amending the existing one as the provisions envisaged were substantially innovative compared with the existing Protocol and because adopting a new Protocol makes its entry into force easier as only six ratifications are required for this purpose. The Conference of the Parties to the Convention agreed on this approach at their 12th Meeting held from 14-17 November 2001 in Monaco.
(5) In addition to the April technical meeting in Monaco an informal meeting of some key Parties was held in Malta from 29 - 30 October 2001 to consider amendments put forward by the Commission, following discussions with a Council Working Group on 24 October.
(6) Throughout the negotiations the Commission was guided by the following considerations in fulfilling the mandate received from the Council:
(a) The new Protocol is a necessary update of the legal instruments of the Barcelona Convention following the amendments made to it in 1995 and is a significant contribution to achieving cooperation in preventing pollution of the Mediterranean Sea.
(b) The draft Protocol contains various provisions dealing with questions covered by Community legislation in force or due to be adopted shortly concerning safety at sea and the prevention of pollution by ships. This includes provisions concerning cooperation on exchanging information among the Parties, procedures for notification by ships of events occurring at sea or instances of pollution, operational measures, port reception facilities, safety of traffic and access to ports for ships in difficulty. Accordingly, it is necessary to ensure that the text of the Protocol does not contradict provisions of Community legislation currently in force or in the process of being adopted.
This includes the following texts:
(c) Particular terms used in the Protocol ought to be brought in line as much as possible with the terms used in Community legislation so as to avert any risk of confusion or wrong interpretation in the practical application of the provisions concerned by the Member States.
(d) The text of the Protocol should mention the contribution of rules and standards adopted by the European Community and by the States bordering the Mediterranean Sea in order to attain the Protocol's objectives, i.e. the prevention, reduction and control of pollution caused by ships in the marine environment. Such national and regional measures taken in the framework of the Protocol should in any case be compatible with international law or implement it.
(e) The possibility of including in the Protocol a number of new elements from Community legislation on safety at sea and the prevention of marine pollution.
(7) The draft Protocol, as it stands following the meeting in Malta in October responds satisfactorily to the first four of the considerations outlined above. The Commission proposed text for Articles 8 paragraph 1 and 9 bis paragraph 2 in Malta which would have brought the draft into line with the Transport Council's Common Position on a Community system for monitoring shipping and information on maritime traffic. The original version of these proposals was not accepted by the meeting and further amendments proposed by the Commission were not discussed in Malta for lack of time. Proposals for changes in Article 10 ter Paragraph 1 to bring it closer to the Community position for charging for port reception facilities were agreed subject to a reserve from Egypt.
(8) The text will be subject to one more round of formal negotiations in a Third Meeting of National Technical and Legal Experts to be held in Malta from 20 to 22 January. In its preparatory observations and at that meeting the Commission intends to continue to put the case for strengthening the texts of Articles 8.1 and 9 bis 2 beyond the versions agreed at the Second meeting in Monaco in April 2000.
(9) As is customary under the Barcelona Convention, arrangements have been made for a Conference of Plenipotentiaries to be held immediately after the technical negotiating meeting. In principle, the Conference on 24 and 25 January should adopt the final version of the Protocol which will be open for signature by the Contracting Parties on the same occasion. Providing the final text meets the considerations set out above and is consistent with the Commission's mandate, it would be highly desirable for the Community to sign the new Protocol during the Conference. This would be an expression of our commitment to preventing pollution from ships and to implementing the legal framework of the amended Barcelona Convention in order to protect the Mediterranean Sea. If necessary, the Declaration suggested in paragraph 8 would be made and recorded in the Conference proceedings.
(10) To this end, the Council is asked to authorise its President to designate the person or persons authorised to sign, on behalf of the Community, the new Protocol concerning cooperation in preventing pollution from ships and in combating pollution of the Mediterranean Sea by oil and hazardous and noxious substances in cases of emergency, provided that the final text of the new Protocol is consistent with Community legislation in this field.
Proposal for a COUNCIL DECISION concerning the signing of a new Protocol to the Barcelona Convention concerning cooperation in preventing pollution from ships and in combating pollution of the Mediterranean Sea by oil and hazardous and noxious substances in cases of emergency
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 174(4) thereof in conjunction with the first sentence of the first paragraph of Article 300(2),
Having regard to the proposal from the Commission ,
OJ C [...] of [...], p. [...].
Whereas :
(1) The new Protocol is a necessary update of the legal instruments of the Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention), as amended in 1995, in order to introduce the provisions necessary to develop a regional strategy for preventing pollution from ships of the marine environment of the Mediterranean;
(2) The Community is a Contracting Party to the Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention) and the Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency ;
Decisions 77/585/EEC of 25.7.1977, OJ L 240 of 19.9.1977 p. 1 and 1977/802/EC of 22.10.1999, OJ L 322 of 14.12.1999 p. 32.
Decision 81/420/EEC of 19.5.1981,OJ L162 of 19.6.1981, p. 4.
(3) The Commission took part, on behalf of the Community, in the negotiations for the preparation of a new Protocol concerning cooperation in preventing pollution from ships and in combating pollution of the Mediterranean Sea by oil and hazardous and noxious substances in cases of emergency on the basis of the negotiating mandate received from the Council on 24-25 January 2001;
(4) The areas of application of the said new Protocol come under Community competence, at least partly;
(5) The draft of the new Protocol remains subject to the observations of the Contracting Parties and to negotiations before, in principle, being adopted and opened for signature by the Contracting Parties at the Conference of Plenipotentiaries to be held in Malta in January 2002;
(6) Itt is important that the Protocol can be signed by the Community, provided that it is consistent with Community law in this domain;
HAS DECIDED AS FOLLOWS
Sole Article
The President of the Council is hereby authorised to appoint the person(s) empowered to sign, on behalf of the Community, the new Protocol to the Barcelona Convention concerning cooperation in preventing pollution from ships and in combating pollution of the Mediterranean Sea by oil and hazardous and noxious substances in cases of emergency, provided that the final text of the new Protocol is consistent with relevant Community legislation.