2000D2850 — EN — 20.05.2004 — 001.001 — 1
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►B DECISION No 2850/2000/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 December 2000
setting up a Community framework for cooperation in the field of accidental or deliberate marine
pollution
(OJ L 332, 28.12.2000, p. 1)
Amended by:
Official Journal
No page date
►M1Decision No 787/2004/EC of the European Parliament and of the
Council of 21 April 2004L 138 12 30.4.2004
▼B
DECISION No 2850/2000/EC OF THE EUROPEAN PARLIA-
MENT AND OF THE COUNCIL
of 20 December 2000
setting up a Community framework for cooperation in the field of
accidental or deliberate marine pollution
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 175(1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Following consultation with the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of
the Treaty (3), and in the light of the joint text approved by the Conci-
liation Committee on 11 October 2000,
Whereas:
(1)The actions taken by the Community in the field of accidental
marine pollution since 1978 have made it possible progressivelyto developcoop eration between the Member States within aCommunity action programme. The resolution and decisions
adopted since 1978 (
4) constitute the basis for this cooperation.
(2)Several regional agreements on accidental marine pollution, such
as the Bonn Cooperation Agreement, already facilitate mutualassistance and cooperation between Member States in this field.
(3)Regard should be had to the international conventions and agree-ments applicable to European seas and maritime areas, such asthe OSPAR Convention, the Barcelona Convention and theHelsinki Convention.
(4)The Community information system has served the purpose ofmaking available to 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 quan-tities. The information system will be simplified by the use of amodern automatic data-processing system.
(5)A system for the rapid and efficient exchange of informationneeds to be established.
(6)The Community task force and other actions within the Commu-nity action programme have provided practical assistance to
operational authorities during marine pollution emergencies and
promoted cooperation and preparedness for efficient response toaccidents.
(7)The Community programme of policy and action in relation tothe environment and sustainable development (
5) presented by
the Commission envisages that the Community's activities willbe stepped up in particular in the field of environmental emer-gencies which includes accidental or deliberate marine pollution.2000D2850 — EN — 20.05.2004 — 001.001 — 2
(1) OJ C 25, 30.1.1999, p. 20.
(2) OJ C 169, 16.6.1999, p. 16.
(3) Opinion of the European Parliament of 16 September 1999 (OJ C 54,
25.2.2000, p. 82), Council Common Position of 17 December 2000 (OJ C
87, 24.3.2000, p. 1) and Decision of the European Parliament of 13 June
2000 (not yet published in the Official Journal). Decision of the EuropeanParliament of 30 November 2000 and Decision of the Council of 5
December 2000.
(
4) OJ C 162, 8.7.1978, p. 1, OJ L 355, 10.12.1981, p. 52, OJ L 77, 22.3.1986,
p. 33 and OJ L 158, 25.6.1988, p. 32.
(5) OJ C 138, 17.5.1993, p. 5.
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(8)Directive 2000/59/EC of the European Parliament and of the
Council on port reception facilities for ship-generated waste and
cargo residues (1) is of fundamental importance in the context of
this Decision.
(9)Harmful substances means any hazardous or noxious substance
liable to raise concern if spilled into the marine environment.
(10)Community cooperation in the field of accidental marine pollu-
tion helps, by taking action against the risks, to achieve theobjectives of the Treaty by promoting solidarity between
Member States and contributing, pursuant to Article 174 of the
Treaty, to preserving and protecting the environment andprotecting human health.
(11)The establishment of a Community framework for cooperation
providing support measures will help to develop cooperation in
the field of accidental marine pollution even more efficiently.Such a framework for cooperation should be based to a largeextent on experience already gained in this field since 1978.
(12)A Community framework for cooperation will also increasetransparency as well as consolidate and strengthen the differentactions.
(13)Accidental or deliberate pollution at sea includes pollution from
offshore installations and illicit operational spills from vessels.
(14)Action to provide information and prepare those responsible for
and involved in dealing with accidental marine pollution in theMember States is important, increases the degree of preparedness
for accidents and contributes to preventing the risks.
(15)It is also important to undertake Community action to improve
techniques and methods of response and rehabilitation afteremergencies.
(16)The provision of operational support in emergency situations toMember States and facilitating the dissemination of experiencefrom such situations among Member States has proved to be ofsignificant value.
(17)Actions under this framework should also promote the polluter-pays principle which should be applied in accordance with theapplicable national and international environmental and maritimelaw.
(18)The measures necessary for implementing this Decision shouldbe adopted in accordance with Council Decision 1999/468/ECof 28 June 1999 laying down the procedures for the exercise ofimplementing powers conferred on the Commission (
2).
(19)This Decision lays down, for the entire duration of the coopera-tion framework, a financial framework constituting the primereference, within the meaning of point 33 of the InterinstitutionalAgreement of 6 May 1999 between the European Parliament, the
Council and the Commission on budgetary discipline and
improvement of the budgetary procedure (
3), for the budgetary
authority during the annual budgetary procedure.
(20)The provisions of this Decision take over, in particular, the
action programme set up through Council Resolution of 26 June
1978 and the Community information system established throughCouncil Decision 86/85/EEC of 6 March 1986 establishing aCommunity information system for the control and reduction ofpollution caused by the spillage of hydrocarbons and otherharmful substances at sea or in major inland waters (
4). That2000D2850 — EN — 20.05.2004 — 001.001 — 3
(1) See page 81 of this Official Journal.
(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ C 172, 18.6.1999, p. 1.
(4) OJ L 77, 22.3.1986, p. 33. Decision as amended by Decision 88/346/EEC
(OJ L 158, 25.6.1988, p. 32).
▼B
Decision should be repealed from the date on which this Deci-
sion enters into force,
HAVE ADOPTED THIS DECISION:
Article 1
1. A Community framework for cooperation in the field of acci-
dental or deliberate marine pollution (hereinafter called ‘theframework for cooperation’) is hereby established for the period 1
January 2000 to 31 December 2006.
2. The framework for cooperation is intended:
(a) to support and supplement Member States' efforts at national,
regional and local levels for the protection of the marine environ-ment, coastlines and human health against the risks of accidental ordeliberate pollution at sea, excluding continuous streams of pollu-tion originating from land-based sources;
accidental marine pollution risks include releases of harmful
substances into the marine environment, whatever their origin,both from ships and from the shoreline or estuaries, including thoselinked to the presence of dumped materials, such as munitions, butexcluding authorised discharges and continuous streams of pollu-
tion originating from land-based sources;
(b) to contribute to improving the capabilities of the Member States for
response in case of incidents involving spills or imminent threats ofspills of oil or other harmful substances at sea and also to contri-
bute to the prevention of the risks. In accordance with the internal
division of competences within Member States, they shall exchangeinformation on dumped munitions with a view to facilitating riskidentification and preparedness measures;
(c) to strengthen the conditions for and facilitate efficient mutual assis-
tance and cooperation between Member States in this field; and
(d) to promote cooperation between Member States in order to provide
for compensation for damage in accordance with the polluter-paysprinciple.
Article 2
Without prejudice to the division of responsibilities between Member
States and the Commission, the Commission shall implement the
actions under the framework for cooperation, as set out in Annexes I
and II.
(a) Within the framework for cooperation, a Community information
system for the purpose of exchanging data on the preparedness forand response to accidental or deliberate marine pollution, is estab-lished. The system shall consist of at least the components set out
in Annex I.
Types of actions under the framework for cooperation and financial
arrangements for Community contribution are set out in Annex II.
(b) A three-year rolling plan to implement the framework for coopera-
tion, to be reviewed annually, shall be adopted in accordance with
the procedure laid down in Article 4(2) and on the basis, interalia ,
of the information supplied by Member States to the Commission.
The Commission may, where necessary, arrange additional actions
to those set out in Annex II. Such additional actions shall be
assessed in the light of the priorities set and the financial resourcesavailable and shall be adopted in accordance with the procedurelaid down in Article 4(2).
(c) The financial framework for the implementation of this Decision
for the period 2000 to 2006 is hereby set at EUR 12,6 million.
The funding allocated to the actions provided for in this Decision
shall be entered into the annual appropriations of the general2000D2850 — EN — 20.05.2004 — 001.001 — 4
▼M1
▼M1
budget of the European Union. The available annual appropriations
shall be authorised by the budgetary authority within the limits ofthe financial perspective.
Article 3
1. The rolling plan to implement the framework for cooperation
shall contain the individual actions to be undertaken.
2. Individual actions shall be selected primarily on the basis of the
following criteria:
(a) contributing to providing information and preparing those respon-
sible for and involved in dealing with accidental or deliberatemarine pollution, including where relevant port authorities, in the
Member States, in order to increase the degree of preparedness
and contribute to preventing the risks;
(b) contributing to improving techniques and methods of response and
rehabilitation after emergencies and to improving techniques forthe evaluation of damage caused to the marine and coastal environ-ment;
(c) contributing to providing better public information to help clarify
risks and relaying accidents information;
(d) contributing to strengthening the cooperation of relevant local
bodies and nature protection bodies as regards risk prevention andresponse;
(e) contributing to providing operational support, by mobilising experts
mainly belonging to the Community task force, in emergency situa-tions to Member States and to disseminating experience from such
situations among Member States.
3. Each individual action shall be implemented in close cooperation
with the competent authorities at national, regional and local levels in
the Member States.
Article 4
1. The Commission shall be assisted by a committee.2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply, having regard to Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 5
The Commission shall evaluate the implementation of the framework
for cooperation at mid term and before its end, and report no laterthan 36 months after the entry into force of the Decision and thereaftersix years after the entry into force of the Decision, to the EuropeanParliament and to the Council. In its final report, the Commission shall,
if appropriate, make proposals for new measures to continue this
framework.
Article 6
Decision 86/85/EEC shall be repealed.
Article 7
This Decision shall enter into force on the day of its publication in the
Official Journal of the European Communities .2000D2850 — EN — 20.05.2004 — 001.001 — 5
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Article 8
This Decision is addressed to the Member States.2000D2850 — EN — 20.05.2004 — 001.001 — 6
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ANNEX I
COMPONENTS OF THE COMMUNITY INFORMATION SYSTEM
The Community information system will use a modern automatic data proces-
sing system. On the Internet site, there will be general background information
at Community level on a Community home page and, on national home pages,
information related to the national intervention resources available.
Separately, a printed part of the system will be maintained in the form of a
Community operational loose-leaf booklet with information on emergency
management in each Member State.
1. The Commission will open a website for the purpose of a general access
page of the system and a Community home page.
2. Each Member State, within six months from the date the Decision enters into
force, will:
(a) appoint the authority or authorities responsible for the management of the
national part of the system, and inform the Commission thereof;
(b) open or maintain a national home page, or interconnected national home
pages. This national home page or one of the interconnected national
home pages will be connected with the whole system through the
Community general access page of the system;
(c) fill in its national home page(s) with the relevant information, namely:
(i) a description of national structures and of links between national
authorities in the field of accidental or deliberate marine pollution,
including focal points to be addressed in questions of emergency
response;
(ii) general information on existing teams and equipment for emergency
response and clean-up, in particular:
— strike teams (seaborne) consisting of spill response vessels,
— strike teams (land-based) to combat shoreline pollution and to
organise temporary storage as well as to conduct actions for the
rehabilitation of sensitive coastal areas,
— expert teams to carry out environmental monitoring of pollution
and/or the impact of the combating techniques used, including
chemical dispersion,
— other mechanical, chemical and biological means for combating
pollution at sea and cleaning up coasts, including systems for
lightening of oil tankers,
— aircraft for aerial surveillance,
— location of stockpiles,
— emergency towage capacity,— emergency number(s) for public use;
(iii) conditions for offering assistance.
Upon request the focal points will provide additional information.
3. Each Member State will update its national home page(s), specified in point
2, as soon as changes have occurred.
4. Each Member State will provide the Commission with its information on
operational emergency management to be included in the Community opera-
tional loose-leaf booklet, including operational procedures for mobilisation
and operational contact points with their references, within six months from
the date the Decision enters into force.
5. Each Member State will notify to the Commission at the earliest opportunity
any change related to the information contained in the loose-leaf booklet.
6. The Commission will make available to each Member State a copy of the
loose-leaf booklet and provide any updating to the Member States.
The models for the Community and national home pages and further guidance
for the implementation of the Community information system will be adopted in
accordance with the procedure laid down in Article 4(2).2000D2850 — EN — 20.05.2004 — 001.001 — 7
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ANNEX II
FINANCIAL ARRANGEMENTS FOR THE COMMUNITY CONTRIBUTION
Types of action Financing arrangements
A.Actions in training and information
1.Courses and workshops (1)
Organisation of courses and workshops for
the national, regional and local officials in
Member States and others involved to
ensure that the competent services respond
rapidly and efficiently.Maximum Community financial contribution:
75 % of the total cost of the action with a ceiling
of EUR 75000 per action.
2.Exchange of experts
Organisation of the secondment of experts
to another Member State in order to allow
the experts to gain experience or appraise
different techniques used or to study the
approaches taken within other emergency
services or other relevant bodies such as
non-governmental organisations with
specialist expertise in accidental or delib-
erate marine pollution.
Organisation of exchanges of Member
States' experts, enabling them to present
or follow short training courses or modules
in another Member State.Maximum Community financial contribution:
75 % of the experts' travel and subsistence
expenses and 100 % of the costs of coordinating
the system.
3.Exercises (1)
The exercises are intended to compare
methods, to stimulate cooperation between
Member States and to back upp rogress in
and to coordinate the national emergency
services.Maximum Community financial contribution:
50 % of the costs of participation of observers
from other Member States and for organising
associated workshops, preparing the exercise,
producing a final report, etc.
4.Community Information System
Development and maintenance of a
modern computerised information system
to helpthe national authorities dealing
with accidental or deliberate marine pollu-
tion by providing the information needed
for emergency management.100 % financing of the Commission part of the
system.
B.Actions for improving techniques and
methods of response and rehabilitation
(pilot projects) (1)
Projects designed to increase the Member
States' capacity for response and rehabilita-
tion. These projects are aimed mainly at
improving means, techniques and procedures.
Their scope shall interest all or several
Member States, and could include projects
for the implementation of new technologies
related to accidental or deliberate marine
pollution. Projects involving two or more
Member States will be encouraged.Maximum Community financial contribution:
50 % of the total cost of each project with a
ceiling of EUR 150 000.
C.Support and Information actions
1.Environmental impact
Actions to support surveys of the environ-
mental effects after an incident, evaluate
the preventive and remedial measures
taken and to largely disseminate their
results and the experience acquired to the
other Member States.Maximum Community financial contribution:
50 % of the total cost of each action.
2.Conferences and events (1)
Conferences and other marine pollution
events open to a large audience, in parti-
cular when they involve several Member
States.Maximum Community financial contribution:
30 % of the total cost of the action with a ceiling
of EUR 50000.2000D2850 — EN — 20.05.2004 — 001.001 — 8
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Types of action Financing arrangements
3.Other support actions (1)
Actions for defining the state of the art, for
the development of principles and
guidance for important aspects of the acci-
dental or deliberate marine pollution and
for the evaluations of the framework for
cooperation.100 % financing.
Measures to encourage the exchange of
information between the competent autho-
rities on the risks linked to dumped muni-
tions, on the areas concerned (including
mapping) and on measures to be taken in
response to an emergency.100 % financing.
4.Information
Publications, exhibition material and other
information to the public on the Commu-
nity cooperation in the field of accidental
or deliberate marine pollution.100 % financing.
D.Mobilisation of expertise
Action for mobilisation of experts belonging
to the Community task force to intervene in
the event of an emergency situation to rein-
force the system set upby the authorities of
a Member State or a third country facing the
emergency and for provision of an expert on
scene to coordinate observers from other
Member States.Community financial contribution: 100 % of the
costs for the experts' missions.
(1) The only eligible actions are those interesting all Member States or a significant number of them.2000D2850 — EN — 20.05.2004 — 001.001 — 9