No C 248/12 Official  Journal  of the  European  Communities 29.10.  75 
Opinion  on the proposal  for a Council  Decision  concluding  the European  Convention 
for the protection  of international  watercourses  against  pollution 
The text  referred  to the  Committee  was  published  in the  Official  Journal  of the 
European  Communities  No  C 99 of 2 May  1975,  page  1. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 27  January  1975,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  under  Article  198  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 129th  plenary  session, 
held in Brussels  on 23 and  24 April  1975. 
The Opinion  is published  below: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the referral  on 29 January  1975  by 
the Council  of the  European  Communities  of the 
draft  European  Convention  for  the  protection  of 
international  watercourses  against  pollution 
— Report  by  the  Commission  to the  Council 
concerning  the  negotiations  started  with  the 
Secretariat  General  of the  Council  of Europe  to 
amend  the draft  of the Convention  in such  a way 
as to enable  the European  Economic  Community 
to participate  in this  Convention  together  with  its 
Member  States, 
— Proposal  for  a Council  Decision  concluding  the 
Convention; 
Having  regard  to  Article  198  of  the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the decision  taken  by its Bureau  on 
28 January  1975,  instructing  the  Section  for 
Protection  of the  Environment,  Public  Health  and 
Consumer  Affairs  to draw  up an Opinion  and  a 
report  on the matter; 
Having  regard  to the Opinion  adopted  by the Section 
for Protection  of the Environment,  Public  Health  and 
Consumer  Affairs  at its meeting  on 8 April  1975  and 
having  regard  to the  oral  report  made  by  the 
Rapporteur,  Mr Schlitt; Having  regard  to the discussions  at its 129th  plenary 
session  of 23 and  24 April  1975  (sitting  of 24 April 
1975), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with no votes  against  and  one  abstention: 
1. The  Committee  endorses  the  Commission's 
proposal  to the  Council  that  the  draft  European 
Convention  for  the  protection  of  international 
watercourses  against  pollution  (referred  to as the 
Strasbourg  Convention)  should  be amended  in such  a 
way as to enable  the  European  Communities  to 
participate  in this  Convention,  together  with  the 
Member  States,  in so far as they  are empowered  to 
fufil  the  obligations  arising  therefrom  by  their 
internal  procedures. 
2. The  Committee  recommends  that  the 
Communities  should  accede  to this  Convention  and 
should  ensure  that  the major  amendments  set out  in 
Annex  I (columns  1 and  2) to the  Commission's 
Report  to the  Council  concerning  the  negotiations 
started  with  the Secretariat  General  of the Council  of 
Europe  are incorporated  in the draft  version  of this 
Convention. 
2.1. In  this  context  the  Committee  proposes  that 
an examination  be made  of the  following  points 
29.10.  75 Official  Journal  of the European  Communities No C 248/13 
regarding  the  Proposal  for  a Council  Decision 
concluding  the Strasbourg  Convention: 
2.1.1.  Article  1 
2.1.1.1.  The  implementation  of the  Decision  on 
accession  to the  Strasbourg  Convention  should  be 
deferred  until  the  pertinent  provisions  of this 
Convention  have  been  brought  in line  with  the 
measures  to be adopted  under  the 
Proposal  for  a Council  Decision  (*) on  the 
reduction  of  pollution  caused  by  certain 
dangerous  substances  discharged  into  the aquatic 
environment  of the Community  (referred  to as the 
Decision  regarding  dangerous  discharges). 
In the Committee's  view  the Decision  on accession  to 
the Strasbourg  Convention  should  not  come  into 
force  until  this Convention  has been  harmonized  with 
the Decision  regarding  dangerous  discharges. 
2.1.1.2.  The  Member  States  should  be induced  to 
support  the European  Community  in this  matter  and 
to desist  from  signing  the  Strasbourg  Convention 
until  it has  been  harmonized  with  the  Decision 
regarding  dangerous  discharges. 
2.1.2.  Article  2 
2.1.2.1.  Since  a non-member  of the  Council  of 
Europe  cannot  accede  to the Strasbourg  Convention 
before  it has  been  ratified  by six members  of the 
Council  of Europe,  it would  be advisable  to abide  by 
the 'accession'  as provided  for in Article  2 of the 
proposed  Decision  on accession. 
2.1.2.2.  Article  2 of the  proposed  Decision  on 
accession  should,  however,  also  be expanded  to 
include  the substance  of the new  Article  23 (a) (1) of 
the Strasbourg  Convention,  as proposed  by the 
Secretariat  General  of the Council  of Europe,  viz.: 
'The instrument  of accession  shall  take  effect 
three  months  from  the date  of its deposit  or three 
months  after  the date  referred  to in Article  23 (2), 
if the deposit  is prior  to that  date'. 
(*) OJ No C 12, 17. 1. 1975,  p. 4. This accords  with  Article  24 (2)  of the  draft 
Strasbourg  Convention. 
2.1.3.  Article  3 
The provisions  of the Commission's  proposal  to the 
Council  regarding  a Decision  on accession  are not 
sufficient  on their  own. 
The following  proposals  for the inclusion  of further 
provisions  in the  proposed  Decision  relate  to the 
internal  legal  relationships  within  the  European 
Communities  as well  as to the external  relationships 
with non-EEC  Member  States  of the  Council  of 
Europe. 
2.1.3.1.  The  Decision  on accession  should  take 
over from  the comparative  table  the new  Article  23 
(a) (2) proposed  by the Secretariat  General  of the 
Council  of Europe  but worded  to read  as follows: 
'The European  Communities  shall  assume  the 
obligations  arising  from  this Convention,  in so far 
as they  are  empowered  to fulfil  them  by their 
internal  procedures'. 
There  can  be no question  of the Convention  being 
confined  to the European  Economic  Community,  as 
provided  for in the table. 
Rather,  the  European  Atomic  Energy  Community 
must  also  be  included,  since  limit  values  for 
radioactivity  are to be covered  pursuant  to Appendix 
III to the Convention. 
2.1.3.2.  The  Decision  on accession  should  also 
include  the further  proposals  concerning  Article  23 
(a) (3) and (4) of the draft  Strasbourg  Convention: 
(3) 
'The Community  shall  act wholly  or partly  on 
behalf  of the Member  State  of the Community  in 
any arbitration  proceedings  under  Article  22 of 
this Convention  between  a Contracting  Party 
which  is a Member  State  of the Community  and a 
Contracting  Party  which  is not a Member  State  of 
the Community,  in so far as it is empowered  to 
fulfil  the obligation  arising  from  this Convention'. 
(4) 
'In the fields  for which  it has responsibility,  listed 
in Article  15 of this  Convention  the  European 
Community  shall  in any  international  committee 
formed  under  Article  14 (1) of this  Convention 
exercise  its right  to vote  with  the same  number  of 
votes  that  the  Member  States  of the  European 
No C 248/14 Official  Journal  of the European  Communities 29.10.  75 
Community  have  as members  of the committee  in 
question.  The  European  Community  shall  not 
exercise  its right  to vote  if its Member  States 
exercise  their  right  to vote'. 3. The  Committee  recommends  that  the  'Draft 
statement  on the internal  procedures  relating  to the 
implementation  of the Convention'  (to be inserted  in 
the Council's  minutes)  should  be published. 
Done  at Brussels,  24 April  1975. 
The Chairman 
of the Economic  arid.  Social  Committee 
Henri  CANONGE 
Opinion  on the proposal  for a Council  Decision  establishing  a common  procedure  for 
the reciprocal  exchange  of information  between  the  surveillance  and  monitoring 
networks  based  on data  relating  to-atmospheric  pollution  by sulphur  compounds  and 
suspended  particulates 
The text  referred  to the  Committee  was  published  in the  Official  Journal  of the 
European  Communities  No  C 11 of 16 January  1975,  page  1. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 3 December  1974,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  under  Article  198  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 129th  plenary  session, 
held in Brussels  on 23 and 24 April  1975. 
The Opinion  is published  below: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Haying  regard  to Article  198  of the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the referral  on 4 December  1974  by 
the Council  of the  European  Communities  of the 
proposal  for  a Council  Decision  establishing  a 
common  procedure  for the reciprocal  exchange  of 
information  between  the surveillance  and  monitoring 
networks,  based  on data  relating  to atmospheric 
pollution  by sulphur  compounds  and  suspended 
particulates; Having  regard  to the decision  taken  by the Chairman 
of the Committee  on 10 December  1974  instructing 
the Section  for Protection  of the Environment,  Public 
Health  and  Consumer  1 Affairs  to draw  up  an 
Opinion  and a report  on the matter; 
Having  regard  to, the Section's  Opinion  of 11 March 
1975  and  the oral  report  made  by the Rapporteur, 
Mr Eboli; 
Having  regard  to the discussions  at the Committee's 
meeting  on 24 April  1975  (129th  plenary  session  of 
23 and 24 April  1975),