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COUNCIL DECISION
of 6 March 1986
establishing a Community information system for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea
(86/85/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 213 and 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas studies carried out by the Commission in accordance with the Council Resolution of 26 June 1978 setting up an action programme of the European Communities on the control and reduction of pollution caused by hydrocarbons discharged at sea (4) have demonstrated the feasibility of setting up a Community information system for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea;
Whereas the Council adopted Decision 81/971/EEC of 3 December 1981 establishing a Community information system for the control and reduction of pollution caused by hydrocarbons discharged at sea (5),
Whereas the Council adopted Decision 81/420/EEC of 19 May 1981 on the conclusion of the Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency (6) and Decision 84/358/EEC of 28 June 1984 concerning the conclusion of the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (7);
Whereas scientific knowledge of the properties and behaviour of harmful substances, other than hydrocarbons spilt at sea is still limited and whereas, therefore, the information system should be established gradually, in keeping in particular with changes in such knowledge.
Whereas information concerning the properties and behaviour of harmful substances other than hydrocarbons will help the Member States to assess the nature of the threat in case of accident and determine the most appropriate means and methods for combating pollution;
Whereas the scope of Decision 81/971/EEC should therefore be extended, in particular to draw up an inventory of resources for intervention in the event of spillage at sea of harmful substances other than hydrocarbons;
Whereas the information system will enable the Commission to accomplish a number of tasks laid down in the abovementioned Resolution of 26 June 1978 and in the action programme annexed thereto;
Whereas this information system appears necessary for the realization of one of the objectives of the Community in the field of the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea; whereas, since the Treaty has not provided for all the necessary powers, recourse should also be had to Article 235 thereof,
HAS ADOPTED THIS DECISION:
Article 1
1. An information system is hereby established to make available to the competent authorities in the Member States the data required for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea in large quantities.
2. The information system shall comprise:
(a) a list of national and joint plans for combating pollution caused by the spillage of hydrocarbons at sea, comprising a brief description of the content of the plans and naming the authorities responsible for them;
(b) an inventory of resources for combating pollution of the sea by hydrocarbons (Annex I);
(c) a compendium of hydrocarbon properties and their behaviour and of methods of treatment and end uses of mixtures of water-hydrocarbon-solid matter recovered from the sea or along the coast (Annex II);
(d) an inventory, to be compiled gradually by the Commission, of resources for intervention in the event of a spillage at sea of harmful substances other than hydrocarbons (Annex III).
3. In addition, the Commission will gradually compile, in the light of experience, a compendium of information concerning the properties and behaviour of harmful substances or groups of harmful substances other than hydrocarbons.
Article 2
1. Member States shall forward to the Commission the information referred to in the Annexes and in Article 1 (2) (a) for the first time within twelve months of the day of publication of this Decision in the Official Journal of the European Communities.
2. Subsequently, Member States shall update the information specified in paragraph 1 in January of each year.
Member States shall also notify the Commission at the earliest opportunity of substantial changes relating to such information.
Article 3
The Commission shall be responsible for implementing the information system.
The Commission shall make available to each Member State, during the dissemination stage, a copy of all the information in the system.
Article 4
Within six months of the day of publication of this Decision in the Official Journal of the European Communities, each Member State shall appoint the authority or authorities responsible for collecting and forwarding to the Commission the information referred to in Article 2 and for receiving the information referred to in Article 3. It shall inform the Commission thereof.
Article 5
Every two years the Commission shall draw up and forward to the Council and the European Parliament a report on the operation of the information system and the use made of it by Member States.
Article 6
Decision 81/971/EEC is hereby repealed.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 6 March 1986.