COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(89) 598 final 
Brussels, 9 March 1990 
Proposal for a 
COUNCIL REGULATION (EEC) 
on action by the Community for the protection of the environment 
in the Mediterranean region 
(MEDSPA) 
(presented by the Commission) 

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EXPLANATORY MEMORANDUM 
I.INTRODUCTION 
1. On 14 November 1988 the Commission adopted and sent to the Council, the 
European Parliament and the Economic and Social Committee a Communication 
on the protection of the environment in the Mediterranean region.1 This 
Communication summarized the situation as regards the specific problems 
facing the Mediterranean environment, underlined the acuteness of these 
problems, reviewed the principal results obtained during the preparatory 
phase (1986-1988) of Community action in this area and set out the general 
framework and guidelines for a Community strategy and action plan to 
improve the environment in this region. 
In the conclusions to the document the Commission undertook to submit, as 
soon as possible, the provisions determining the financial resources that 
would be made available for implementation of this action. 
2. At its part-session in May 1989 the European Parliament adopted a 
resolution in which it urged that the financial and legal instruments 
needed for the implementation of the planned measures be specified 
without delay. To this end it asked the Commission: 
(a) to adopt as soon as possible internal provisions to enable 
definition of the means of intervention of the various Community 
structural funds which can use their resources to provide financial 
backing for the environmental preventive measures decided upon; 
(b) to draw up a proposal for a Community Regulation designed to create 
a specific financial instrument to allow supplementary measures to 
be combined with those of existing Community instruments. 
3. The Council too, on a number of occasions - unofficial meetings of the 
Ministers for the Environment at Delphi (1 and 2 October 1988) and 
Câceres (May 1989) and the meeting of Heads of State and Government at 
Madrid (26 and 27 June 1989) - has emphasized the importance of 
Community action to help the Mediterranean region to cope with 
environmental problems specific to its fragile ecosystem. 
1 C0M(88) 392 final, 21.11.1988 
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I I . ACTION CARRIED OUT UNDER EXISTING COMMUNITY INSTRUMENTS 
1. As already stated in the Communication of 14 November 1988, a large 
number of the measures contained In the list in the Annex can be 
financially supported from the own resources of existing Community 
instruments, including the structural funds. 
In particular, Community action has already been taken on the protection 
of certain biotopes and the protection of forests against fires and soil 
erosion. It is worth examining these measures in order to avoid 
duplication with the Community measures proposed here. 
1.1 Community action on the environment 
Council Regulation (EEC) No 2242/87 of 23 July 19871 allows the 
Community to grant financial support for projects providing an incentive 
and aimed at contributing towards the maintenance or re-establishment of 
seriously threatened biotopes which are the habitat of endangered 
species and are of particular importance to the Community under 
Direct ive 79/409/EEC. 
Projects providing an incentive and aimed at contributing towards the 
protection or re-establishment of land threatened or damaged by fire, 
erosion and desertification are also eligible for financial support 
under the Regulation. 
The Regulation applies for four years, expiring on 30 July 1991, and 
provides for a total amount estimated at ECU 24 million. 
When the Regulation is renewed, as expected, it is probable that account 
will be taken of the provisions of the proposal for a Council Directive 
on the protection of natural and semi-natural habitats and of wild fauna 
and flora2 which was sent to the Council by the Commission on 
16 August 1988 and is now under discussion. 
1.2 Action envisaged under the structural funds 
The reform of the structural funds and the entry into force of the new 
regulations on their application has had the effect both of increasing 
the resources of these funds, which by 1993 will have twice the level of 
commitment appropriations they had in 1987, and of making environmental 
protection one of the aims of these funds. 
ïOJ L 207, 29.7.1987, p. 8. 
2 OJ C 247, 21.9.1988, p. 3. 
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1.2.1. The regional plans recently submitted by the Member States requested 
financing for a wide range of projects concerning the environment. 
Substantial resources have been approved for these projects under 
the Community support frameworks (CSF) for underdeveloped regions. 
Projects financed concern air pollution, promoting clean 
technologies, conservation of the countryside, and combating soil 
erosion and desertification. This dimension also characterizes the 
Community support frameworks for the declining industrial regions 
and rural regions covered by Objective 5b. 
In the declining industrial regions the Commission is helping to 
fund industrial-wasteland reclamation projects under its own and 
Member States' programmes (e.g. the non-quota programmes for the 
textile and steel industries, RESIDER and RENAVAL) or new Commission 
initiatives such as RECHAR, the conversion programme for mining 
regions. 
However, resources earmarked for environmental projects under the 
Community support programmes are mainly intended to meet regional or 
national priorities. They cover a wide range of measures and a 
large geographical area. They are not, therefore, enough to make 
any significant impact on the problems of coastal pollution and 
hazardous waste. 
In the light of this, the Commission has agreed to a regional 
environmental programme (ENVIREG) and decided to invite Member 
States to implement operational programmes focusing on a number of 
priorities concerning both Objective 1 regions and the 
Mediterranean coastal areas covered by Objectives 2 and 5b. 
In the Mediterranean region the measures covered by ENVIREG and the 
priority areas of intervention for MEDSPA are similar. This is the 
reason why MEDSPA will only contribute to financing operations which 
are not eligible for the Structural Funds in the regions covered by 
Object ives 1 ,2 and 5b. 
1.2.2. Funding of environmental projects by the EAGGF Guidance Section is 
governed by Regulation (EEC) No 297/85 on improving the efficiency 
of agriculture structures,1 and Regulation (EEC) No 355/77 on 
common measures to improve the conditions under which agricultural 
and fisheries products are processed and marketed2 and the 
programmes specific to each Member State (Spain, Portugal, Greece 
and Italy). 
The setting up of Community support frameworks, the review of 
horizontal measures and the adoption of an action programme on 
forestry will reinforce still further EAGGF action on the 
environment and will make it possible to meet the demands of the 
Member States. In particular, Regulation (EEC) No 1118/883, will 
allow the Community to take action in the less favoured regions of 
Spain to combat soil erosion. 
_ „_ X93, 30.03T1985, p.1 
2 OJ L5i, 23.02.1987, p.1 
3 OJ L 107, 28.4.1988, p.3 
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Also, under Regulation (EEC) No 3529/861, as amended by Regulation 
(EEC) No 1614/892, the Community, since 1987, has been setting up a 
programme to support measures to protect forests against fire, the 
estimated cost of which will be ECU 31.5 million over 5 years. 
1.2.3. The Social Fund supports projects likely to significantly affect the 
environment in sensitive nature-conservation areas. 
Where permissible, the Social Fund will take part in MEDSPA-related 
projects complementary to those under ENVIREG. 
The Social Fund has already funded the training of specialists in 
the purification and treatment of ballast waters from shipping. 
Aid for job creation has been granted from the Social Fund to 
conserve biotopes of regional interest by, for example cleaning up 
forests. 
1.3. Community R&TD Programmes 
The Commission participates in the promotion and the partial financing 
of research projects concerning environmental protection. Research is 
carried out under the specific programmes making up the Community's 
framework programme for R&TD (1987 to 1991)3 and will continue under 
the new (1990 to 1994) framework programme now being before the Council 
for adopt ion.4 
- R&TD programme in the field of the environment (1986 to 1990), with a 
budget of 75 mio ECU, implemented by means of shared-cost contracts, 
concerted action (COST), coordination and training activities.^ 
The programme covers the areas of environmental protection, climatology, 
and natural and major technological hazards. The revision of this 
programme has led to the formulation of a proposition relative to two 
Programmes of R&TD STEP-EPOCH6 
STEP (Science and Technology for Environmental Protection) (1989 to 
1992) has a budget of ECU 75 million. Its nine broad research areas 
cover the effects of pollution on human health, assessment of risks 
associated with chemicals, air and water quality, soil protection, 
10J L 326, 21.11.1986, p.5 
2 OJ L 165, 15.6.1989, p.10 
3 OJ L 302, 24.10.1987. 
4 OJ C 243, 23.9.1989. 
5 OJ L 159, 14.6.86. 
6 OJ C 327, 20.12.1988 
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ecosystems, protecting and conserving the European cultural heritage, 
technologies for environmental protection and major technological risks 
and fire-safety. 
- EPOCH (European Programme on Climatology and Natural Hazards) (1989 to 
1992) has a budget of ECU 40 million and comprises four research areas: 
past climates and climate change, climate processes and models, climatic 
impacts and climate-related hazards, and seismic hazards. 
- The Joint Research Centre's environmental specific programme for 
research (1988 to 1991) has a budget of ECU 77 million1. The research 
is carried out in the laboratories of the JRC. 
The programme breaks down, among others, into the areas: chemical 
pollution, .in pollution, watfii quality, and «nv i ronmcint a I studies on 
tho Mod i toi I ano.m lia^ins. 
The JRC's specific programme for research includes research into the 
application of remote-sensing techniques (ECU 36.5 million) for land use 
monitoring and management in Marginal areas of the Community and the 
mar ine env i ronment. 
- MAST (Marine Science and Technology) (1989 to 1992)2 has a budget of 
ECU 50 million for research aimed at improving management and protection 
of the marine environment. Research focuses on: basic and applied 
marine science (including modelling), science and technology for coastal 
areas, and marine technology. The programme also includes measures to 
coordinate the work of ocean research vessels, training and the 
development of common norms for oceanographicaI instruments and systems. 
- MONITOR is a programme in the field of strategic analysis, forecasting 
and evaluation in matters of research and technology (1989 to 1992)3 
It has a budget of ECU 22 million. 
One of the analyses to be carried out under the SAST strategic-analysis 
subprogramme is a study into scientific and technological strategies 
which might help overcome the environmental problems generated by 
transport. 
etiuM jn<t iy:,t!-, i.unctu H tMivi tournent iclated scientific and technological 
matters such as identifying the opportunities presented by new 
information, telecommunications and modelling technologies for improving 
env i ronmental-management capac i ty. 
1.4. Cooperation with non-Member States 
a. The financial protocols to the bilateral agreement signed between the 
EEC and non-Member States in the Mediterranean region (Turkey, Cyprus, 
Malta, Egypt, Tunisia, Algeria and Morocco) have recently been renewed. 
None of the indicative programmes which determine specific objectives 
for financial and technical cooperation, priority areas 
i OJ L 286, 20.10.1908 
/ 0 j L 200, 13.0/. lOf'/J 
3 0J L 200, 13.07.1989 
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of action and measures envisaged by these protocols, makes provision for 
use of budgetary resources managed by the Commission for measures to 
protect the environment, although a certain percentage of EIB loans are 
to be used for waste water purification and treatment projects. 
However, a slight change in this trend is taking place: Egypt invoked 
the financial protocol associating itself with the European Community in 
order to make possible Commission assistance with a project to set up 
and manage a nature reserve on the Red Sea. Malta, with the help of the 
Commission, made plans for a genera! control pollution project enabling 
it to acquire pollution control equipment. 
There is an urgent need therefore to use all the Community's influence 
to make these countries aware of the importance of including an 
environmental dimension in their development policies and to take action 
now so that, during negotiations to renew these financial protocols (4th 
protocol) the groundwork can be laid for environmental protection to 
figure as one of the priority areas for cooperation. To this end, the 
Commission has planned a meeting with all the non-Community 
Mediterranean countries in conjunction with a Conference on the 
environmental management to be held in Nicosia 
(Cyprus) from 26 to 28 April 1990. 
The Community Budget contains another instruments ALA-MED, for 
assisting both non-Community Mediterranean countries and Asian and the 
Latin-American countries in the field of scientific cooperation. 
Specific appropriations are earmarked to support scientific cooperation 
under agreements signed by the Community with non-associated countries 
not benefiting from a financial protocol. 
This instrument allowed a number of research projects and actions of 
scientitifc mobility in the environmental field, with two countries to 
benefit, Israel and Yugoslavia. 
The environment is without doubt the most extensive area of cooperation 
with Yugoslavia; 16 projects, to which the Community has contributed 
about ECU 1.7 million, are already under way. 
The environment is also a major element in cooperation with Israel and 
several projects have been carried out. Cooperation centred on water-
related problems. In all, 9 research projects were established with a 
Community stake of ECU 660 000. 
The Community budget also contains other headings for providing to 
non-Community Mediterranean countries in projects to protect the 
environment. However, these have proved too limited to cope with the 
real needs of such a sensitive and over-exploited environment. 
Experience has shown that, in spite of its small financial contribution, 
the Commission can act as a catalyst in a field which, in most cases, 
is not a priority area of cooperation. Preliminary results of the 
measures already implemented indicate that demand will increase in the 
future. A greater commitment by the Commission should make it possible 
to keep this trend moving in the desired direction. 
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1.5 European Investment Bank 
Over the last few years the Bank has been extremely willing to grant 
loans for environmental purposes. According to the annual report for 
1988, EIB financing of investment designed specifically to protect or 
improve the environment totalled more than ECU 1 200 million in 1988, 
14.3% of all its financing, compared with an average of 9.3% of all its 
financing between 1984 and 1987. The projects were carried out in ten 
Member States, particularly Italy, Germany and Spain. 
More than 60% of the total is for waste water treatment projects or 
projects to improve the quality of drinking water and almost one third 
concern atmospheric emissions by industrial plants. The Bank has also 
financed an increasing number of different projects on combating soil 
erosion and flooding, on reforestation and on the treatment of urban and 
industrial waste as a means of helping to improve the urban environment. 
Conditions are right therefore for closely involving the Bank in 
Community action to protect the environment in the Mediterranean region 
and in the programmes deriving from this action. The various forms of 
assistance - subsidies and loans - should be combined in such a way as 
to maximize the knock-on effect of the budgetary resources used. 
ROLE OF THE COMMUNITY'S ACTION (MEDSPA) 
The experience acquired during the preparatory phase gave the Commission 
a clearer idea of the possibility of action under MEDSPA and a firmer 
def ini t ion of i ts role. 
(a) International scope 
The first need was for an awareness of the fact that environmental 
pollution in the Mediterranean region is not only of local or regional 
consequence but has international, and in particular European, 
implications. Consequently, only coordinated international action can 
take account of these multiple interests and efficiently implement the 
action decided upon. 
(b) Support for the Community's environment programme 
When it adopted the fourth environmental action programme in 
October 1987, the Council asked the Commission to concentrate on two 
priority areas, namely the practical application of Community 
legislation and integration of environment policy with economic and 
social development. This means that MEDSPA must play an active role in 
these two areas and help Mediterranean regions to apply existing 
Community legislation correctly or to facilitate implementation of 
directives currently being prepared. 
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(c) Coherence 
The projects to protect the environment in this region cannot stand 
alone. The Commission will ensure that the measures taken by the 
different Community instruments will form a coherent and harmonious 
whole, attacking the problems identified as acute and of major 
importance to the region. 
A coherent approach will increase impact by avoiding unnecessary 
duplication of effort and bridging any gaps in current policy. 
(d) Guidance 
Analysis of the projects carried out in the preparatory phase has 
served to establish guidelines and to determine priorities not only for 
MEDSPA but also for other Community financial instruments, particularly 
the structural funds. This process should continue in the future. 
(e) Complementarity 
This proposed Community measure will be complementary with other 
Commission fields designed to achieve similar objectives and in 
particular with the ENVIREG scheme which covers similar areas of action. 
In order to achieve tangible results throughout the Mediterranean 
region, MEDSPA will help to achieve the ENVIREG objectives by operating 
in regions of the Community not eligible for ENVIREG assistance or for 
other Community financial instruments. 
(f) Solidarity 
The protection of a semi-enclosed sea such as the Mediterranean can only 
be conceived of in a multilateral framework, which involves all the 
r ipar ian countr ies. 
Community action to protect the Mediterranean should therefore cover the 
whole region using all the means provided by the international 
organizations active in this field, the means available in the framework 
of the cooperation agreements established by the Community with the non-
Community Mediterranean countries and the facilities provided by other 
Community instruments for this type of action. MEDSPA can make Community 
operations more effective and act as a catalyst with non-Community 
countries by helping them to set up the administrative, legislative and 
technical structures they need to manage the environment properly. 
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(g) Cooperation 
There must be effective coordination with the international bodies and 
other organisms working towards slmiliar ends in the same region, 
particularly UN specialized agencies such as the MAP, the European 
Investment Bank and the World Bank. 
IV PRIORITY AREAS FOR INTERVENTION 
An indicative list of the main environmental problems specific to the 
Mediterranean region has been prepared with the help of the 
Advisory Committee and is annexed to the Communication of November 1988. 
However, in order to concentrate on the most pressing and acute 
problems, it was felt that for an initial period of five years it would 
be preferable to concentrate on a limited number of priority areas. 
These areas were selected on the basis of (a) the results of the 
preparatory phase (1986-1989), (b) the results of the study carried out 
by the EIB and the World Bank, (c) the priorities set by the contracting 
parties to the Barcelona Convention in the context of MAP and (d) 
information contained in reports on the state of the environment 
prepared by the various Mediterranean Member States. 
(a) Purification and treatment of urban sewage 
The total quantity of liquid waste discharged into the Mediterranean is 
estimated at 2.109 m3 per vear from urban areas and 6.109 m3 per 
year from industrial activities (UNEP 1987), 60% of these discharges 
resulting from activity along the Mediterranean coasts and the rest 
coming from the surface catchment area. 
It has been estimated that 90% of urban effluent is discharged into the 
environment untreated. This has undesirable effects on public health and 
may be a serious cause of microbiological and chemical contamination of 
bathing water and shellfish waters. In fact, bathing is one of the most 
important uses of Mediterranean coastal waters. For a large part of the 
year the coasts are used for leisure activities, not only by local 
people but also by more than 100 million tourists either from inland or 
from abroad. In fact, the users of the Mediterranean coast come from so 
far afield that it is really a major European recreation area. If the 
riparian states want their tourist industry to continue to thrive, they 
will have to assign priority to protecting the quality of the water in 
these areas by taking action on untreated effluent. 
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Among the most recent and the most striking examples are the events in 
the Northern Adriatic. They show the extent to which the quality of the 
environment and the development of tourism are related. The economic 
survival of a whole region now depends on combating the causes of algal 
bloom. Although this requires substantial financing which could not be 
adequately met from existing Community instruments, MEDSPA could help to 
draft a plan of action and could arm itself with instruments for the 
overall management of the affected area and ensuring the protection of 
the river basin's waters. 
It is clear that the requirements in both infrastructure and equipment 
are enormous, especially in an area like the Mediterranean region which 
generally has a low GNP. 
Apart from the financial problem there are technical problems too. There 
are such dramatic seasonal changes in population as a result of tourism 
that during the high summer season the number of residents may double 
or increase tenfold. These problems primarily affect smaller towns and 
small islands because, from a technical point of view it is much easier 
to devise a water treatment system for a large town with a stable 
population where the quantity and quality of effluent is more or less 
constant than a small community where the population is subject to 
dramatic seasonal changes. 
It is also more difficult for small municipalities to afford the 
services of independent consultants to help choose the most suitable 
waste water treatment process and the instruments required to manage and 
maintain equipment efficiently. As a result existing stations often 
break down or operate inefficiently. 
Following an informal meeting of environment ministers in Frankfurt on 
27 and 28 June 1988, the Commission finally came up with a proposal for 
a directive on common measures on waste water treatment1. Adoption of 
this proposal will considerably improve matters and will increase the 
level of commitment required of small communities. 
(b) Solid waste management 
Waste is a potential source of serious pollution in the Mediterranean. 
The common sight of household waste littering the roads, beaches and 
countryside testifies to the inadequacy of waste collection and disposal 
fac i Ii t ies. 
This uncontrolled tipping the most serious, and most visible, threat to 
the environment in the broadest sense, particularly to groundwater, and 
remedial action will have to be taken. Nevertheless, in order to comply 
with the Community policy on waste management adopted by the Commission 
September 19892 the accent in the future will have to be placed 
increasingly on prevention (use of clean technologies and more 
environment-friendly products), recycling (separate collection, 
container parks, etc.) and more efficient methods of final disposal 
(physical, chemical or biological treatment). 
V CÔM(89)518 finTI of 13.11.89 
:• SFC(89)934 final 
12 -
In fact, in regions like the Mediterranean coast where the pressure of 
population is growing all the time, it is becoming increasingly 
difficult to find sites for controlled tipping. 
Apart from the economic benefits of selling recovered materials, it can 
also be extremely worthwhile to use organic waste from, for example, the 
composting of household waste to fertilize and enrich farmland in order 
to combat impoverishment as a result of soil erosion and 
desert i f icat ion. 
(c) Management of hazardous waste and sewage sludge 
Because facilities for storing, treating and disposing of toxic and 
hazardous waste are inadequate, this waste has to be transported, which 
considerably increases the environmental risks. In 1983, between 10 and 
11% of ail hazardous waste produced had to cross frontiers to be 
treated, stored or disposed of in a country other than the country of 
origin. Although it is important to avoid a proliferation of disposal 
plants, since it would be very difficult to monitor these, it is 
important to manage this waste properly in order to protect the 
environment, and to plan investment so as to take account of quantities 
and flows of waste to be treated. 
(d) Management of waste waters from shipping 
This is a particularly serious problem in view of the fragility of the 
Mediterranean ecosystem and the volume of shipping traffic. in ail, 
600 million tonnes of oil are carried in the Mediterranean each year, 
which is equivalent to 35% of world traffic. In 1988 the UNEP estimated 
the quantity of oil discharged into the Mediterranean each year as a 
result of removing ballast, washing tanks and degassing at 
330 000 tonnes out of a total of 635 000 tonnes; the remainder was the 
result of municipal discharges (160 000 tonnes), industrial discharges 
(110 000 tonnes) and precipitation (35 000 tonnes). 
Other chemical substances carried from one Mediterranean port to another 
are a major source of toxic and dangerous materials. The international 
MARP0L convention designated the Mediterranean a "special area" where 
all discharges are prohibited. However, the fact that Mediterranean 
ports do not have the requisite facilities gives shippers an excuse to 
disregard the obligations imposed by MARPOL. 
(e) Biotopes of Community interest 
The coastal biotopes identified in the Mediterranean are becoming 
increasingly threatened by urban and industrial development along the 
coastline, the growth in tourism and the lack of land use planning. 
It is urgently necessary to make an effort to reconcile protection of 
these areas with the development of certain economic activities, which 
is the only way of ensuring their medium- and long-term survival. 
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Measures taken under the Community's MEDSPA programme in this area 
should serve to complement action taken under the ACE programme. If the 
scope of ACE is ever extended to include biotopes other than those which 
are the habitat of threatened bird species, then measures in this area 
can be taken over completely by ACE. 
V PROPOSED MEASURES AND PRIORITIES 
After examining the various problems affecting the Mediterranean 
environment, the Commission evaluated the main obstacles to 
implementation of an effective policy for protecting the environment in 
the Mediterranean. These obstacles are: 
inadequate administrative structures responsible for management of 
the environment; 
I i tt le or no help for small local communities with the maintenance 
of faciIi t ies; 
lack of information on the state of the environment as a means of 
working out coherent action strategies; 
no improvement plans; 
lack of infrastructure, particularly for waste water treatment and 
solid waste management; 
insufficient use of clean technologies; 
inadequate training of specialists; 
insufficient sensibility with respect to the environment. 
For the first five-year phase (1990-1994) it is proposed to concentrate 
on the following problems. 
1. In respect of towns with less than 100 000 inhabitants in coastal 
regions of the Community eligible under MEDSPA: 
(a) collecting, treating and recycling waste water; 
(b) collecting, treating, storing, recycling and disposing of solid 
waste. 
2. In respect of all coastal regions of the Community eligible under 
MEDSPA: 
(c) storing and treating the waste water discharged by ships when 
removing ballast or washing tanks which contains residues of oil or 
other chemicals; 
(d) integrated management of biotopes of Community interest. 
In respect of Community regions eligible under MEDSPA : 
(e) collecting, treating, storing, recycling and disposing of toxic and 
dangerous wastes and sewage sludge produced by waste water treatment 
p I ants. 
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In respect of non-Community Mediterranean countries; 
(f) helping to establish the requisite environmental administrative 
structures; 
(g) helping to establish environmental policies and action programmes; 
(h) where necessary, implementing specific measures in the priority 
areas referred to in points (a) to (e) above. 
VI RESOURCES 
MEDSPA must be allocated its own budgetary resources. These will be 
used to supplement existing financial instruments. They will be 
allocated mainly for measures described in chapter V, if they are not 
eligible for structural funds or other financial Community instruments 
and will serve to stimulate and promote awareness, producing effects of 
synergy, and promote inter-regional or international cooperation. The 
aim will be to provide also the technical assistance and expertise 
required for proper management of the environment and implementation of 
the proposed measures, particularly in non-Community Mediterranean 
countr ies. 
Measures could thus include pilot or demonstration projects, although 
various different forms of financing could be used, like the granting of 
subsidies, interest subsidies and repayable advances. 
This scheme will run for a period of ten years, subdivided into two 
five-year phases. 
Due to the fact that the first phase is beyond the period covered by the 
Inter-institutional Agreement and the Financial Propspects, at this stage-, 
the necessary credits can only be defined for the period of 1990-1992. 
For the first three years the financial resources considered necessary for 
MEDSPA amount to ECU 37 million for the first five-year phase, divided up 
as fol lows: 
1990 1991 1992 
ECU 9 mi I I ion ECU 13 mi I I ion ECU 15 mi I I ion 
The ECU 9 million earmarked for 1990 have been entered in the preliminary 
draft budget for 1989. The proposed amounts for the period 1990-1992 start 
from the hypothesis that both the Commission and the Council admit to 
MEDSPA a special priority, whichever will be the result of the revision of 
the Financial Prospects. 
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In principle, these resources will be spread over the five years as 
fol lows: 
85% will be used to finance measures adopted under the proposed 
scheme; 
10% will be used for technical assistance with the scheme; 
5% wi I I be earmarked for collecting the information required to 
implement the scheme and to improve dissemination of information 
within the Community and between the EEC and non-Member States. 
As a rule, the Commission proposes to limit its contribution to the 
financing of measures selected under the scheme to no more than 50% of the 
cost of a measure in the case of public investment projects or pilot and 
demonstration schemes and 30% in the case of private investment projects. 
However, it would be prepared to contribute as much as 100% of the total 
cost of information and public awareness campaigns and operating costs. 
A further estimate will be required in order to determine the level of 
funding required for the second phase. This will take place in the fourth 
year of implementation of the scheme at the very latest and will be based 
on a report assessing the first phase. 
16 -
Proposal for a 
COUNCIL REGULATION (EEC) 
on action by the Community for the protection of 
the environment in the Mediterranean region 
(MEDSPA) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and In particular Article 130s thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the European Parliament2, 
Having regard to the opinion of the Economic and Social Committee3, 
Whereas pursuant to Article 2 of the Treaty the Community has as its 
task, Inter alia, to promote throughout the Community a harmonious 
development of economic activities, a continuous and balanced expansion 
and an increase in stability; 
1 OJ No C ... 
2 OJ No C ... 
3 OJ No C ... 
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Whereas pursuant to Article 130r of the Treaty one of the chief 
objectives of Community action relating to the environment is to 
preserve, protect and Improve the quality of the environment; whereas, 
in preparing this action, the Community Is required to take account, 
Inter alia, of environmental conditions in the various regions of the 
Community and of the economic and social development of the Community 
as a whole and the balanced development of its regions; 
Whereas a certain number of operations for the protection of the 
environment In the Mediterranean region can be carried out more 
successfully by the Community than by Individual Member States; 
Whereas the Council Resolution of 7 February 1983 on the continuation 
and Implementation of a European Community policy and action programme 
on the environment (1982-1986)1 lists protection of the Mediterranean 
region as one of the areas in which it is particularly important for 
the Community to take action; whereas this declaration was repeated in 
the resolution of 19 October 1987 on the continuation and 
implementation of the abovementloned policy and action programme from 
1987 to 19922, which listed overall and integrated environmental 
protection of the Mediterranean region as one of the priority areas; 
Whereas in its communication on the protection of the environment in 
the Mediterranean basin3, presented to the Council on 24 ApriI 1984, 
the Commission undertook to formulate a strategy and action plan for 
the protection of the environment In this region; 
1 OJ No C 46, 17.2.1983, p. 1. 
2 OJ No C 328, 7.12.1987, p.1. 
3 OJ No C 133, 21.5.1984, p. 12. 
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Whereas the communication on protection of the environment in the 
Mediterranean region4, adopted by the Commission on 14 November 1988 
and presented to the Council, the European Parliament and the Economic 
and Social Committee, specified guidelines for this strategy and action 
plan; 
Whereas, in view of the vulnerability of the Mediterranean environment 
and of the pressures to which it Is exposed, the environmental 
operations carried out at regional, national, Community and 
international level must be intensified and made more effective; 
Whereas the region forms an ecological entity and whereas protection of 
the Mediterranean Sea would be Inconceivable without a combined 
international effort by all the littoral States; 
Whereas, by virtue of geomorphologlcal and socio-economic 
similarities, the Atlantic coast of the Iberian Peninsula, south of the 
river Tagus, is an ecological entity comparable to the Mediterranean 
region; 
Whereas the Community should contribute to implementation of the 
environmental operations by providing financial support for specific 
measures; 
Whereas the Community's structural funds and other financial 
Instruments may be used, in accordance with the rules, regulations and 
objectives governing them, to help finance some of the types of 
operation provided for by this Regulation. 
C0M(88) 392 final, 21.11.1988, 
19 -
Whereas the Commission has decided to launch a scheme concerning 
structural funds and the environment (ENVIREG); whereas, on the other 
hand, it is necessary to launch an additional scheme to benefit the 
environment in the Mediterranean region, which Is the subject of this 
Régulât ion; 
Whereas an adequate amount of funding Is required for the realisation 
of the objectives of the scheme; whereas the first phase is to be of 
five years' duration and extends beyond the period which is covered by 
the Inter-institutional Agreement and the Financial Prospects; whereas 
it is not possible at this stage to fix the necessary funds 
definitively for the entire period covered by the action plan; 
Whereas an advisory committee should be set up to assist the Commission 
in implementing this Regulation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. Community action relating to the protection of the environment In 
the Mediterranean region (MEDSPA) is hereby instituted. 
2. The action shall cover the entire Mediterranean region, both within 
the Community and outside, together with the non-Mediterranean 
Spanish and Portuguese territories of the Iberian Peninsula, south 
of the River Tagus. 
- 20 -
Article 2 
1. The objectives of the Community action to be undertaken under this 
Regulation shall be*. 
to intensify efforts to protect and improve the quality of the 
environment and to Implement Community environment policy in 
the region concerned; 
to help make the environmental dimension a more integral part 
of action taken by the Community pursuant to other Community 
policies; 
to maintain and Increase the effectiveness of Community 
measures on the environment In the Mediterranean region-, 
to increase the cooperation on protection of the environment in 
the region concerned, by integrating Community action and the 
operations carried out at regional, national and international 
level ; 
to encourage the transfer of the appropriate technologies to 
protect the Mediterranean environment. 
Article 3 
1. The budgetary resources allocated to the operations provided for In 
this Regulation will be shown In the annual appropriations in the 
General Budget of the European Communities to the extent of the 
resources available for that year. 
2. The abovementioned budgetary resources shall be used in accordance 
with this Régulât Ion. 
- 21 -
Article 4 
Priorities for the first five-year phase are listed In the Annex. 
Priorities for the second five-year phase will be reviewed In 
accordance with the procedure laid down in Article 14. 
Article 5 
The financial support provided for In this Regulation may be granted in 
respect of operations which fall within the priorities referred to in 
Article 4. 
Where appropriate, the financial support may also be granted In respect 
of operations which 
are undertaken to deal with a grave situation or a rapidly changing 
situation, or 
permit the transfer of technologies and their adaptation to the 
situation in the Mediterranean environment, or 
are undertaken to deal with a problem which Is liable, within a 
short time, to give rise to a lasting change in the ecological 
conditions in the area concerned. 
Article 6 
1. Operations benefiting from aid under a structural fund or any other 
Community financial instrument shall not qualify for the financial 
support provided for in this Regulation. 
2. The financial support may be granted in respect of the operations 
referred to in Article 5 provided such operations do not qualify 
for aid under other Community financial Instruments. 
- 22 
Article 7 
1. All natural or legal persons and associations bearing ultimate 
responsibility for the implementation of the operations referred to 
In Article 5 may qualify for financial support. 
2. The financial support shall take the form of: 
capital grants towards Investment in projects other than 
infrastructure projects; or 
financial contributions towards pilot or demonstration schemes, 
towards measures designed to provide the information necessary for 
the implementation of the operations or towards technical 
assistance measures decided upon by the Commission; or 
interest rebates for infrastructure projects; or 
repayable advances decided on a case-by-case basis. 
Article 8 
1. Community financial support for the operations listed in Article 5 
shall be subject to the fol Sowing limits: 
a maximum of 50% of the total cost in the case of public 
Investment projects, and pilot or demonstration projects; 
a maximum of 30% of the total cost in the case of private 
investment projects; 
a maximum of 100% of the total cost of measures designed to 
provide the information required for implementation of the 
operations or of technical assistance measures decided upon by 
the Commission. 
23 -
Article 9 
1. In order to guarantee the success of the operations carried out by 
beneficiaries of Community financial support, the Commission shall 
take the necessary measures: 
to verify that actions financed by the Community have been 
properly carried out; 
to prevent and take action against irregularities; 
to recover any amounts wrongly paid as a result of an 
irregularity or negligence. 
2. Without prejudice to checks carried out by the Court of Auditors in 
conjunction with the competent national control Institutions or 
services under Article 206b of the Treaty or to any inspection 
carried out on the basis of Article 209c of the Treaty, Commission 
officials or employees may carry out on-the-spot checks, including 
sample checks, in respect of operations financed by Community 
act ion. 
Before carrying out an on-the-spot check, the Commission shall give 
notice to the beneficiary concerned with a view to obtaining all 
the assistance necessary. 
3. For a period of three years following the last payment in respect 
of any operation the beneficiary of financial support shall keep 
available for the Commission all the supporting documents regarding 
expenditure on the operation. 
24 -
Article 10 
1. The Commission may reduce or suspend payment of financial support 
in respect of any operation if it finds Irregularities or a 
significant change affecting the nature or conditions of the 
Community action for which the Commission's approval has not been 
sought. 
2. If the completion dates have not been respected or if a particular 
operation has been carried out In such a manner that payment of 
only part of the financial support allocated to it is Justified, 
the Commission shall ask the beneficiary to submit his comments 
within a fixed period. Unless adequate justification is produced, 
the Commission may cancel the remaining portion of that support. 
3. Any sum which is unduly received by the beneficiary shall be repaid 
to the Commission. Interest may be charged on sums not repaid in 
due time. The Commission shall lay down the detailed rules for the 
implementation of this paragraph. 
Article 11 
1. The Commission shall ensure effective monitoring of the 
implementation of the Community action. Such monitoring shall be 
carried out by means of reporting procedures agreed jointly between 
the Commission and the beneficiary of the operation and by spot 
checks. 
The Commission shall report to the committee referred to In 
Article 12 on the progress made in implementing the Community 
action, including the use made of appropriations. 
- 25 
2. For each multlannual action, the beneficiary shall submit progress 
reports to the Commission within six months of the end of each full 
year of Implementation. A final report shall be submitted to the 
Commission within six months of completion of the operation; for 
each operation to be implemented over a period of less than 
two years, the beneficiary shall submit a report to the Commission 
within six months of completion of the action. The Commission 
shall determine the form and content of the reports. 
3. On the basis of the monitoring reports and procedures referred toin 
paragraphs 1 and 2, the Commission shall make any necessary 
adjustments to the amount of the financial support approved 
initially, to the conditions for granting that support and to the 
projected schedule of payments. 
4. The Commission shall lay down the detailed rules for the 
implementation of this Article. 
Article 12 
1. For the purposes of Implementing the operations referred to In 
Article 5 the Commission shall be assisted by a committee of an 
advisory nature composed of the representatives of the Member 
States and chaired by a representative of the Commission. 
2. The representative of the Commission shall submit to the committee 
a draft of the measures to be taken. The committee shall deliver 
Its opinion on the draft within a time-limit which the chairman may 
lay down according to the urgency of the matter, if necessary by 
taking a vote. 
- 26 -
3. The opinion shall be recorded In the minutes; in addition, each 
Member State shall have the right to ask to have its position 
recorded in the minutes. 
4. The Commission shall take the utmost account of the opinion 
delivered by the committee. It shall inform the committee of the 
manner in which its opinion has been taken into account. 
Article 13 
The list of measures which have received financial support shall be 
published for information purposes in the Official Journal of the 
European Communities. 
Article 14 
This Regulation shall enter into force on 1 January 1991. 
It shall apply for ten years, divided into two five-year phases. In 
1995 the Council, acting on a proposal from the Commission, shall 
assess the results and decide on any amendments to this Regulation, in 
particular with regard to the priority measures to be taken for the 
implementation of the second phase. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at For the CounciI 
The President 
- 27 -
ANNEX 
ACTION BY THE COMMUNITY FOR THE PROTECTION OF THE ENVIRONMENT IN 
THE MEDITERRANEAN REGION 
Priority measures eligible under this Regulation 
1. Action in the European Community 
For coastal towns with less than 100 000 inhabitants and small islands: 
collection, treatment, storage and disposal of waste water and solid 
waste 
Collection, treatment, storage, recycling and disposal of sewage sludge 
and toxic and dangerous waste 
Treatment of water from ships' tanks containing residues of oil and 
other chemicals 
Integrated management of biotopes of Community interest in coastal 
regions 
2. Action in non-Community Mediterranean countries 
Help with the establishment of the requisite environmental 
administrative structures 
Technical assistance required for the establishment of environmental 
policies and action programmes 
Where necessary, specific measures in the priority areas referred to in 
paragraph 1. 
- 28 -
FINANCIAL STATEMENT (IN ECU) 
1. Budget heading 
CHAPTER 66 
ITEM 665 New item (preliminary draft budget for 1990) 
Former items: 
1985 Budget : Article 665 
1986 Budget : Article 665 
1987 Budget : Article 665 1 
1988 Budget : Article 6610 (part thereof) 1 
1989 Budget : Article 6610 (part thereof) 5 
Title 81 359.63 (implementation) 
900 000.00 
000 000.00 
100 000.00 
Environment : Community action for the protection of the environment in 
the Mediterranean region (MEDSPA) 
3. Legal basis 
Proposal for a Council Regulation on action by the Community for the 
protection of the environment in the Mediterranean region, approved by 
the Commission on 29.11.1989. 
4- Description and justification 
4.1 Object ives 
To intensify efforts to protect and improve the quality of the 
Mediterranean environment and to implement Community environment policy 
in the region concerned 
To help make the environmental dimension a more integral part of action 
taken by the Community pursuant to other Community policies 
To maintain and increase the effectiveness of the measures taken by the 
Community on the environment in the Mediterranean region 
To increase the cooperation in protecting the environment in the region 
concerned, by strengthening the integration of the Community action and 
the operations carried out at regional, national and international level 
To encourage the transfer of the appropriate technologies to protect the 
Mediterranean environment. 
- 29 -
- 2 -
4.2 Justification 
The vulnerability of the Mediterranean environment and the pressures to 
which it is exposed call for greater solidarity among Community 
countries to produce the most effective response possible to all the 
pressures and threats. 
If it is to be effective, the action must take the form of an aid 
strategy and programme compatible with the whole panoply of measures 
being taken in the region. It must fill some of the gaps, act as a 
catalyst and provide guidance. 
5. Proposed classification of the expenditure 
Non-compulsory expenditure 
Differentiated appropriations 
6. Type of expenditure and method of calculation 
6.1 Type of expenditure 
- Capital grants towards investment in projects other than infrastructure 
projects. 
- Financial contributions towards pilot or demonstration schemes and 
towards measures designed to provide the information necessary for the 
implementation of the action or technical assistance measures decided 
upon by the Commission 
Interest rebates for infrastructure projects 
- Repayable advances decided on a case-by-case basis. 
- Funding may also be granted for descriptive analyses and assessments, 
consultancy, the provision of services, studies, expert surveys, 
training, seminars, visits, purchase of equipment and all other measures 
required to achieve the programme's objectives. 
6.2 Method of calculation 
The figures specified for each item of expenditure are given as an 
indication and may be revised each year. 
- 30 -
7. Financial implications for operational appropriations 
7.1 Total cost(indication only) over the period 1990-1992: 
ECU 37 mi I I ion 
7.2 Community's share in the total cost of the action (%) 
The Community's share should not exceed: 
a maximum of 50% for public investment projects, and pilot or 
demonstration projects 
a maximum of 30% for private investment projects 
a maximum of 100% for other operations covered by the 
Régulât ion. 
- 31 -
7.3 Multiannua I schedule (Indlcation only) 
7.3.1 Commitment appropriations ( in ECU ) 
Expenses 
(1) 
Cover ing measures, 
collect ion of in-
format ion and 
follow-up 
(2) 
Speci f ic measures 
TOTAL 1990 
1.350.000 
7.650.000 
9.000.000 1991 
1.950.000 
11.050.000 
13.000.000 1992 
2.250.000 
12.750.000 
15.000.000 TOTAL 
5.550.000 
31.450.000 
37.000.000 
7.3.2 Payment appropriations 
Exp. 
(1) 
(2) 
TOT 1990 
675.000 
2.295.000 
2.970.000 1991 
1.650.000 
7.140.000 
8.790.000 1992 
2.100.000 
10.880.000 
12.980.000 1993 
1.125.000 
8.585.000 
9.710.000 1994 
2.550.000 
2.550.000 TOTAL 
5.550.000 
31.450.000 
37.000.000 
- 32 
Task Force on SMEs 
COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT 
I. What is the main reason for introducing the measure? 
To protect/improve the quality of the environment in the 
Mediterranean region and thereby contribute to the completion of the 
single market and implementation of the Single European Act. 
II. Features of the businesses concerned. In particular: 
(a) Are there many SMEs? 
Many businesses in the Mediterranean region are concerned by the 
programme, particularly the large number of SMEs. 
(b) Have any mergers been noted in regions which are: 
(i) eligible for regional aid in the Member States? 
Yes, in all of the regions eligible for these regional aids and 
belonging to the area covered by the programme, which are the 
Mediterranean region of France (Languedoc-RoussiI Ion, Provence-
Alpes-Côte d'Azur, Corsica) and Spain, Italy, Greece and the non-
Mediterranean parts of Spain and Portugal south of the River Tagus. 
(ii) eligible under the ERDF? 
Idem (The new list of regions within the area and eligible for ERDF 
aid, particularly Objective 1 regions, published in Official 
Journal No L 185 of 15 July 1988, will enter into effect on 
1 January 1989.) 
III. What direct obligations does this measure impose on businesses? 
None 
IV. What indirect obligations are local authorities likely to impose on 
businesses? 
None 
V. Are there any special measures in respect of SMEs? Please specify. 
No 
VI. What is the likely effect on: 
(a) the competitiveness of businesses? 
The operations planned do not directly place any obligations on 
businesses. The result of the measure whose main objective is the 
protect ion/improvement of the environment will be to improve the 
competitiveness of businesses. 
- 33 -
Although this effect is difficult to assess, the action planned will, in 
particular, have a favourable impact on tourism and on businesses 
undertaking infrastructure work. Furthermore, a more healthy 
environment and better land-use planning will encourage companies to set 
up in the region. 
(b) employment? 
Consequences for employment of the improved competitiveness of 
businesses are positive, but again are difficult to quantify. 
The infrastructure investment which will be made during the ten years 
covered by the action will lead to greater demand for local labour. 
VII. Have both sides of industry been consulted? Please indicate their 
opinions. 
Both sides of industry have not yet been contacted, but the Economic and 
Social Committee will be consulted. 

ISSN 0254-1475 
COM(89) 598 final 
DOCUMENTS 
EN 15 
Catalogue number : CB-CO-90-105-EN-C 
ISBN 92-77-58252-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg