Explanatory Memorandum to COM(2011)690 - Accession of the EU to the Protocol for the Protection of the Mediterranean Sea against pollution from exploration and exploitation of the continental shelf and the seabed

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dossier COM(2011)690 - Accession of the EU to the Protocol for the Protection of the Mediterranean Sea against pollution from exploration and ...
source COM(2011)690 EN
date 27-10-2011
1. The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, also known as the 'Barcelona Convention', was initially signed on 16 February 1976 in Barcelona and amended on 10 June 1995. The Convention came into force on 9 July 2004. The European Union is Contracting Party to the Convention, as are Italy, Greece, Spain, France, Slovenia, Malta and Cyprus, together with 14 other Mediterranean countries which are not Member States of the European Union. Article 7 of the amended Convention specifically obliges Parties to take all appropriate measures to prevent, abate, combat and to the fullest possible extent eliminate pollution of the Mediterranean Sea Area resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil.

2. One of the Protocols of the Barcelona Convention deals with Protection of the Mediterranean Sea against pollution resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil (commonly referred to as the 'Offshore Protocol'). It was adopted on 14 October 1994 by the conference of the Parties in Madrid taking into account the provisions contained in the United Nations Convention on the Law of the Sea (December 1982).

3. The European Union has neither signed nor ratified the Offshore Protocol. The Commission proposed to the Council (COM(94)397 final) the signature of the Protocol prior to its adoption by the Conference of the Parties in October 1994. At that time it was deemed more appropriate to work further on a Community regime for environmental liability rather than anticipate it through an international agreement. A Green Paper on remedying environmental damage was already published (in 1993, followed by a White Paper on environmental liability in 2000). The Environmental Liability Directive (ELD) was finally adopted in 2004.

4. The Offshore Protocol entered into force on 24 March 2011. To date Albania, Tunisia, Morocco, Libya, Cyprus and Syria have ratified it. Some Member States of the European Union that are Contracting Parties to the Barcelona Convention have already announced in the last months their intention to ratify the Protocol too.

5. The Offshore Protocol covers a wide range of exploration and exploitation activities, permit requirements, removal of abandoned or disused installations, use and removal of harmful substances, liability and compensation requirements, coordination with other Parties of the Barcelona Convention at regional level as well as provisions on safety, contingency planning and monitoring.

6. The provisions of the Offshore Protocol will need to be implemented by different levels of administration and economic operators. The Member States and their relevant competent authorities will be responsible for the design and implementation of certain detailed measures laid down in the Offshore Protocol, such as the establishment of a national monitoring system and the adoption and enforcement of appropriate rules and procedures for the determination of liability and compensation for damage.

7. It is estimated that there are more than 200 active offshore platforms in the Mediterranean and more installations are under consideration. Hydrocarbon exploration and exploitation activities are expected to increase after the discovery of large fossil fuels reserves in the Mediterranean. Due to the semi-closed nature and special hydrodynamics of the Mediterranean Sea, an accident of the kind of the Gulf of Mexico in 2010 could have immediate adverse transboundary consequences on the Mediterranean economy and fragile marine and coastal ecosystems. It is likely that in the medium term other mineral resources contained in the deep sea, seabed and subsoil will be the subject of exploration and exploitation activities.

8. Failure to address effectively the risks emanating from such activities could gravely compromise the efforts of Italy, Greece, Spain, France, Slovenia, Malta and Cyprus to achieve and maintain good environmental status in their marine waters as required by the Marine Strategy Framework Directive 2008/56/EC, as well as the compliance to commitments and obligations into which Italy, Greece, Spain, France, Slovenia, Malta, Cyprus and the European Union itself have entered as Contracting Parties of the Barcelona Convention.

9. The recent Commission Communication on offshore safety (COM(2010)560 final, 12.10.2010) develops the areas where action is needed to maintain the safety and environmental credentials of the European Union and proposes concrete actions; one of the areas identified is international cooperation to promote offshore safety and response capabilities worldwide and one of the related actions is the exploration of the potential of regional conventions; in particular the Communication recommends to re-launch in close collaboration with the Member States concerned, the process towards bringing into force the Offshore Protocol.

10. The Council in its Conclusions on safety of offshore oil and gas activities has stated that the European Union and its Member States should continue to play a prominent role in striving for the highest safety standards in the framework of international initiatives and fora and regional cooperation such as in the Mediterranean and calls on the Commission and Member States to make best use of existing international conventions.

11. The European Parliament, in its resolution of 13 September 2011, stressed the importance of bringing fully into force the un-ratified 1994 Mediterranean Offshore Protocol, targeting protection against pollution resulting from exploration and exploitation.

12. One of the objectives of the environment policy of the European Union is promoting measures at international level to deal with regional environmental problems. In relation to the Offshore Protocol, it is particularly important to bear in mind the strong probability of transboundary environmental effects in case of accidents in a semi-enclosed sea such as the Mediterranean Sea. It is therefore appropriate for the European Union to take all necessary actions in support of safety of offshore exploration and exploitation activities and for the protection of the marine environment in the Mediterranean Sea.

13. It is necessary and urgent to address the potential great risks from offshore related activities, particularly under complex conditions, including deep-sea drilling, and to establish appropriate prevention and response mechanisms at national and regional level covering operational, illegal and accidental pollution. Therefore, the Commission is also proposing, in conjunction with the present proposal, a Regulation on safety of offshore oil and gas prospection, exploration and production activities.

14. The Offshore Protocol concerns a field in large measure covered by Union law. This includes, for instance, elements such as the protection of the marine environment, environmental impact assessment and environmental liability. Subject to the final decision of legislators on this matter, the Offshore Protocol is furthermore consistent with the objectives of the proposed Regulation on safety of offshore oil and gas prospection, exploration and production activities, including on authorisation, environmental impact assessment and technical and financial capacity of operators.

15. It is therefore appropriate for the Union to conclude the Protocol for the Protection of the Mediterranean Sea against pollution resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil.