EN Official Journal of the European Union L 285/1

COUNCIL DECISION

of 19 October 2010

concerning the conclusion, on behalf of the European Union, of the Additional Protocol to the Cooperation Agreement for the Protection of the Coasts and Waters of the North-East Atlantic against Pollution

(2010/655/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 196(2) and 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament (1),

Whereas:

(1) The European Union is a Party to the Cooperation Agreement for the Protection of the Coasts and Waters of the North-East Atlantic against Pollution approved by Council Decision 93/550/EEC (2) (hereinafter referred to as the Lisbon Agreement).

(2) A political dispute over the borders in Western Sahara prevented Spain and Morocco from ratifying the Lisbon Agreement. This dispute has now been resolved by the Additional Protocol to the Lisbon Agreement modifying Article 3(c) thereof.

(3) Following the adoption of the Council Decision on the signing, on behalf of the European Community, of the Additional Protocol to the Cooperation Agreement for the Protection of the Coasts and Waters of the North-East Atlantic against Pollution on 12 December 2008, the Additional Protocol was signed, on behalf of the Community, on 25 March 2009.

(4) The Additional Protocol to the Lisbon Agreement is open to ratification, acceptance or approval by the Parties.

(5) It is therefore appropriate for the Union to conclude the Additional Protocol to the Lisbon Agreement.

(6) The European Union and Member States Parties to the Lisbon Agreement should endeavour to deposit simultaneously, to the extent possible, their instruments of ratification, acceptance or approval of the Additional Protocol.

(7) Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union notified the Government of Portugal as regards the European Union having replaced and succeeded the European Community,

HAS ADOPTED THIS DECISION:

Article 1

The Additional Protocol to the Cooperation Agreement for the Protection of the Coasts and Waters of the North-East Atlantic against Pollution is hereby approved on behalf of the European Union.

The text of the Additional Protocol is attached to this Decision.

Article 2

1. The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to the deposit of the instrument of approval with the Government of Portugal, which assumes the function of Depositary , in accordance with Article 3(1) of the Additional Protocol, in order to express the consent of the Union to be bound by that Protocol.

2. The Union and Member States Parties to the Lisbon Agreement shall endeavour to deposit simultaneously, to the extent possible, their instruments of ratification, acceptance or approval of the Additional Protocol.

Article 3

This Decision shall enter into force on the day of its adoption.

The date of entry into force of the Additional Protocol shall be published in the Official Journal of the European Union.

Done at Luxembourg, 19 October 2010. For the Council The President D. REYNDERS

(1) Consent of 9 March 2010 (not yet published in the Official Journal).

(2) OJ L 267, 28.10.1993, p. 20.