Explanatory Memorandum to COM(2003)588 - Conclusion of the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, concerning cooperation to prevent pollution by ships and, in cases of emergency, to combat pollution of the Mediterranean - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2003)588 - Conclusion of the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, ... |
|---|---|
| source | COM(2003)588  |
| date | 09-10-2003 |
In 1997, in the context of revising and improving the legal instruments of the Action Plan the Contracting Parties to the Barcelona Convention adopted a Resolution on a Regional Strategy on Prevention of Pollution of the Marine Environment by Ships. Inter alia the Resolution included a decision to amend the Emergencies Protocol. The intention was to broaden the scope of the agreement from simply setting out arrangements for cooperation in coping with pollution incidents to also cover working together to prevent, reduce and control pollution.
After preliminary work by a group of experts, and given the degree of innovation involved in the proposed changes, at their 12th Meeting held from 14-17 November 2001 in Monaco, the Conference of the Parties (COP) to the Convention agreed to the approach of a new Protocol. The COP did not continue the negotiations on the draft but instead asked the Secretariat to finalise the text and arrange for another review by experts to be held immediately before the Conference of Plenipotentiaries. The experts' meeting was held in Malta from 20 to 22 January and the Conference of Plenipotentiaries for signature of the Protocol from 24 to 25 January 2002.
On 15 January 2002 the Commission made a proposal to the Council on the signature of the new Protocol i, providing the final text was consistent with Community legislation in the field. The proposal included the draft text as it stood at that stage in a version which made clear all the recent amendments and the remaining outstanding points. Since the final text was not known, the Commission specified that it would continue pressing the case, during the final negotiations, for the inclusion of new elements from Community legislation on safety at sea and the prevention of marine pollution.
Based on the full powers signed by the President of the Council on 21 January 2002, the European Community signed the Protocol at the Conference of Plenipotentiaries in Malta on 25 January 2002. It was also signed on that date by 14 Mediterranean countries including the 4 EU Member States who are Parties to the Convention. It has subsequently been signed by one further Party and ratified by Monaco (03 April 2002), Malta (18 February 2003), Turkey (20 May 2003), France (02 July 2003) and Croatia (09 July 2003). The protocol will come into force when 6 ratifications have been notified to the depositary country.
As requested during the Council consideration of the signature proposal, the Community representatives pointed out to the Conference of the Plenipotentiaries the institutional difficulties caused to the EU by the practice of holding negotiations on legal texts of the Barcelona Convention immediately prior to signature. The Community received support from other delegations and the Secretariat agreed to reflect on alternative working arrangements for the future.
In addition, during the final negotiations, the Community was able to achieve significant further progress on the outstanding issue concerning inclusion of new elements from Community legislation on safety at sea and the prevention of marine pollution, as follows:
- A strengthening of the texts of the two Articles that had been highlighted in the Commission's proposal for a signature decision (Articles 9.2 and 11.3 of the signed text). Thus two obligations on each Party are not restricted to requiring masters of ships flying its flag to undertake certain actions. Instead each Party must also take appropriate measures with a view to ensuring that the master of every ship sailing in its territorial waters complies with the same obligations.
- Progress was also made in Article 14.1 to better reflect Community law on port reception facilities for dealing with wastes.
- The role of the Community in implementing international maritime safety standards was explicitly recognised in the preamble to the Protocol.
As a result of the negotiations, a number of other points in the text were amended from the version previously considered by the Council for reasons of clarity. For example the rather cumbersome title of the Protocol was shortened somewhat.
The final text was inspired in large measure by Community law, however, as the Protocol is the result of multi-lateral negotiations, it does not incorporate all of the requirements of our legislation at the time of signature. Furthermore, since the date of signature of the Protocol, and in the aftermath of the Prestige accident, the Community has continued its activity to strengthen and enhance its action in the area of preventing and combating pollution from ships. i The Community legislation is therefore now stronger than the requirements of the Protocol. This situation is specifically foreseen in Article 20 of the Protocol that provides for parties to have the right to adopt more stringent pertinent internal measures or other measures in compliance with international law in the areas covered by the Protocol itself.
Therefore the Protocol is entirely consistent with Community legislation in force or in the process of being adopted. The Commission will monitor the implementation of the Protocol to ensure continued consistency with the pertinent Community legislation.
In view of all the foregoing, the Community should ratify the Protocol concerning cooperation to prevent pollution by ships and, in cases of emergency, to combat pollution of the Mediterranean.