COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 78 final 
Brussels, 14 March 1991 
Proposal for a 
COUNCIL DECISION 
concerning the approval of the Convention on the International 
Commission for the Protection of the Elbe 
(presented by the Commission) 

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EXPLANATORY MEMORANDUM 
The Convention on the International Commission for the protection 
of the Elbe was signed In Magdeburg on 8 October 1990 by the 
Federal Republic of Germany and by the Czech and Slovak Federal 
Republic, as well as by the European Economic Community, In 
accordance with Council Decision 8549/90 of 24 September 1990. 
The Convention enters into force on the day on which all 
signatories have informed the Federal Republic of Germany as 
depositary that the preconditions for the entry into force 
currently required by the national laws have been fulfilled (Art. 
18, § 1). 
The Convention is essentially aimed at preventing the pollution of 
the Elbe and Its drainage area (art. 1 § 1). To this end, it 
foresees the establishment of an International Commission on the 
Protection of the Elbe. 
According to art. 2 of the Convention, the International 
Commission shall, Inter alia, prepare surveys on water pollution 
from point and diffuse sources, and propose limit values for the 
discharge of effluent and specific quality objectives, as well as 
specific action for the reduction of discharges of harmful 
substances. 
4. The Convention therefore refers to matters covered by Community 
legislation. In particular, the Community directives on water 
quality objectives and elimination or reduction of water pollution 
by dangerous substances currently apply to the Elbe and its 
tributaries where they run through the territory of the Federal 
Republic of Germany. 
5. Questions relating to the fishery industry and shipping are 
explicitly excluded from the Convention (art. 1 § 4). For this 
reason, art. 130 S of the EEC Treaty would be the correct legal 
basis for this decision by the Council. 
6. In conclusion, the Commission proposes to the Council to adopt the 
attached draft decision concerning the approval, on behalf of the 
European Economic Community, of the Convention on the 
International Commission for the Protection of the Elbe, in order 
to permit the Community to assume Its full role as a party to the 
Convent ion. 
i 
Proposal for a 
COUNCIL PEC IS ION 
concluding the Convention on the International Commission 
for the Protection of the Elbe 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and In particular Article 130 S thereof, 
Having regard to the proposal from the Commission,1 
Having regard to the opinion of the European Parliament2; 
Having regard to the opinion of the Economic and Social Committee3. 
Having regard to the resolution of the Council of the European 
Communities and of the representatives of the Governments of the 
Member States meeting within the Council of 19 October 1987 on the 
continuation and implementation of a European Community policy and 
action programme on the environment (1987-1992)4, and the fourth 
action programme of the European Communities on the environment, 
annexed to the said resolution, hereafter called "Fourth Action 
Programme". 
Whereas the Fourth Action Programme, In continuation of the earlier 
Action Programmes, lists amongst Its main areas of activity, 
monitoring and control with a view to improving water quality and 
reducing pollut Ion; 
Whereas the Fourth Action Programme calls for active participation by 
the Community and Its member States In International action for the 
protection of the environment, and attaches, In this framework, 
particular importance to bilateral liaisons with third Countries; 
Whereas the Convention on the International Commission for the 
Protection of the Elbe, signed in Magdeburg on 8 October 1990, 
provides in particular for the establishment of an International 
Commission to prevent the pollution of the Elbe and its drainage area, 
as far as covered by this Convention; 
Whereas the existing Community legislation on water pollution 
currently apply to the Elbe and its tributaries where they run through 
the territory of the Federal Republic of Germany; 
1 SEC(90)1399 Final 
2 
3 
4 O.J. No. C 328 of 7-12-1987, p 
M 
Whereas It appears necessary for the Community to conclude the 
Convention In order to attain one of the objectives of the Community 
as regards the preservation, protection and Improvement of the quality 
of the environment, as provided for In the Single European Act; 
Whereas the said Convention was signed on behalf of the Community on 
8 October 1990 ; 
HAS DECIDED AS FOLLOWS, 
Article 1 
The Convention on the International Commission for the protection of 
the Elbe Is hereby approved on behalf of the European Economic 
community. 
The text of the Convention is attached to this decision. 
Article 2 
The President of the Council of the European Communities shall, on 
behalf of the European Economic Community, Inform the Federal Republic 
of Germany, as depositary, that the preconditions for the entry Into 
force of the Convention have been fulfilled by the European Economic 
Community, in accordance with Article 18, Paragraph 1 of the 
Convention. 
Done at Brussels, 
£ 
CONVENTION ON THE INTERNATIONAL COMMISSION 
FOR THE PROTECTION OF THE ELBE 
The Governments of the Federal Republic of Germany and the Czech, and Slovak 
Federative Republic and the European Economic Community, 
Concerned about the pollution of the Elbe. 
Resolved to prevent its further pollution and to improve its current state, 
Recognising the need to make a sustained contribution to the reduction of 
pollution in the North Sea arising from the Kibe, 
Convinced of the urgency of these tasks, and 
Intending to increase the cooperation that already jxists between the 
contracting parties in this area, 
Have agreed the following: 
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Article 1 
1. The contracting parties shall cooperate in the International Commission 
on the Protection of the Elbe, hereinafter referred to as the Commission 
to prevent the pollution of the Elbe and its drainage area. 
2. They shall in so doing in particular endeavour 
(a) to enable use to be made of the river, in particular the obtaining 
of supplies of drinking water from bank-filtered waters and the 
agricultural use of the waters and sediments, 
(b) to achieve as natural an ecosystem as possible with a healthy 
diversity of species. 
(c) to reduce substantially the pollution of the North Sea from the 
Elbe area, 
3. In order to attain these objectives step-by-step, the contracting 
parties within the framework of the Commission shall determine the tasks 
to be carried out as a priority in the form of work programmes with 
timetables. These programmes shall provide, inter alia, proposals for 
the application of state-of-the-art techniques for the reduction of 
emissions and for measures to reduce pollution from various sources. 
4. The Convention does not cover matters relatijng to the fishlijg industry 
and shipping; however, this does not exclude the consideration of 
matters relating to the protection of the waters against pollution 
caused by these industries. 
Article 2 
1. In particular the Commission shall 
(a) prepare surveys showing major point sources of discharges of 
harmful materials (discharge charts), estimate water pollution from 
diffuse sources and extrapolate both of these, 
(b) propose limit values for the discharge of effluent, 
(c) propose specific quality objectives taking account of the 
requirements with regard to the use of the waters, the particular 
conditions for the protection of the North Sea and the natural 
aquatic communities, 
(d) propose and coordinate the implementation of joint programmes of 
measurements and investigations to demonstrate the quality of the 
waters, sediments and effluent and to describe the aquatic and 
coastal communities, and shall record and evaluate the findings, 
(e) compile standardized methods for the classification of water 
quality in the Elbe, 
(f) propose specific action for the reduction of discharges of harmful 
materials from the point sources of both local authorities and 
industry and from diffuse sources and further measures including 
timetables and a cost assessment, 
(g) propose protective measures to prevent water pollution resulting 
from accidents, 
(h) propose a uniform warning and alert system for the drainage area, 
to be updated according to experience. 
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(i) describe the hydrological situation in the Elbe area and record the 
main influencing factors (Elbe monograph), 
(j) provide documentary évidence regarding the ecological importance of 
the various biotope elements of the waters and draft proposals 
regarding the improvement of conditions for aquatic and coastal 
communities, 
(k) discuss planned and, upon request of a delegation, existing types 
of utilization of the waters which may have serious international 
repercussions, including hydraulic structures and regulation of the 
waters, 
(1) promote cooperation in particular on scientific research projects 
and regarding the exchange of information especially on the state 
of the technology and cooperation on scientific research projects, 
(m) prepare the basis for any regulations between the contracting 
parties regarding the protection of the Elbe and its drainage area. 
2. The Commission shall furthermore be responsible for all other matters 
assigned to it by the contracting parties by joint agreement. 
Article 3 
This Convention shall apply in the territories in which the Treaty 
establishing the European Economic Community is applicable and under the 
terms of that Treaty, on the one hand, and in the territory of the Czech 
and Slovak Federative Republic, on the other hand. 
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Article 4 
The contracting parties shall inform the Commission about all the basic 
matters required for the Commission to fulfil its tasks and about the 
measures taken and the total resources used. The Commission shall evaluate 
these reports and may sufcmit proposals to the contracting parties regarding 
improvements. 
Article 5 
1. The Commission shall consist of the delegations of the contracting 
parties. Each contracting party shall appoint a maximum of five 
delegates and their deputies, Including the head of the delegation and 
his deputy. 
2. Each delegation may call in experts which it appoints for the 
consideration of certain matters. 
Article 6 
1. The chairmanship of the Commission shall be held by the delegations of 
the contracting parties in turn. Details regarding the provision of a 
chairman shall be determined by the Commission and included in its rules 
of procedure. The delegation chairing the Commission shall appoint one 
of its members as Chairman. This delegation may for the duration of its 
chai rmanship appoint a further delegate. 
2. The Chairman shall, as a rule, not speak on behalf of his delegation 
during the meetings of the Commission. 
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Article 7 
1. The Commission shall meet at least once a year, when invited by the 
Chairman for a regular meeting at a place to be specified by him. 
2. Extraordinary meetings shall be convened by the Chairman if so requested 
by a delegation. 
3. The leaders of the delegations may confer between meetings of the 
Commission. 
4. The Chairman shall propose the agenda. Each delegation shall be 
entitled to include those items in the agenda which it wishes to have 
discussed. The order shall be decided by majority decision of the 
Commission. 
Article 6 
1. Each delegation shall have one vote. 
2. Negotiations and decisions within the framework of this agreement as 
well as its implementation shall be conducted by the European 
Communities and the Federal Republic of Germany m.thin their respective 
fields of compétence. The European Communities shall not exercise their 
right to vote in cases ixi which the Federal Republic of Germany is 
competent and vice versa,. 
3. The Commission's decisions &nd proposals shall, unless otherwise 
specified in this Convention, be unanimously 'c^ptecL A written 
procedure way iafee place ir« lin- :vltb. the cm-tttom to be specified in 
the rules of •procedure. 
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4. Decisions nem. con, shall be deemed to be unanimous, provided all 
delegations are present. 
Article 9 
1. The Commission shall set up working parties to carry out certain tasks. 
2. The working parties shall consist of the delegates or experts appointed 
by each delegation. 
3. The Commission shall determine the task and the number of members of 
each working party and shall appoint its Chairman. 
Article 1Q 
The Commission shall establish a secretariat for the preparation, 
implementation and support of its work. The headquarters of the 
secretariat shall be at Magdeburg. Further details shall be governed by 
the rules of prooedure. 
Article 11 
The Commission may call on the services of especially suitable persons or 
establishments for the examination of special matters. 
Article 12 
The Commission shall adopt decisions regarding cooperation with other 
national and international organizations concerned with pollution control. 
-)&• 
Article 13 
The Commission shall provide the contracting parties with an activity 
report at least every two years and, as required, with further reports 
setting out in particular the results of investigations and their* 
assessments. 
Article 14 
1. Each contracting party shall bear the cost of its representation in the 
Commission and the working parties and the cost of the current 
investigations carried out in its territory. 
2. All other expenditure arising from the work of the Commission, including 
the costs of the secretariat, shall be divided among the contracting 
parties as follows: 
Federal Republic of Germany 65.0% 
European Economic Community 2.3% 
Czech and Slovak Federative Republic 32.5% 
TOTAL 100% 
The Commission may also specify a different breakdown in certain cases. 
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Article 19 
The Commission shall adopt rules of procedure. 
Article 16 
1. Existing conventions and treaties shall remain unaffected. 
2. The Commission shall examine as soon as possible to what extent it is 
expedient to amend, to supplement or to annul conventions and treaties 
as referred to in paragraph 1 because of their contents or for other 
reasons. It shall draw up recommendations in respect of their amendment 
or annulment and of the conclusion of new conventions or treaties. 
Article 17 
The working languages of the Commission shall be German and Czech. 
Article 16 
This Convention shall enter into force on the day on which all signatories 
have informed the Federal Republic of Germany as depositary that the 
preconditions for the entry into force currently required by the national 
laws have been fulfilled. 
The Convention shall be concluded for an unlimited period. It can be 
denounced with five years' notice. The notice of denunciation is to be 
made in writing to the depositary, who will inform the other contracting 
parties. The notice of denunciation will take effect as of the day on 
which it is received by the depositary. 
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Article 19 
This Convention, which is drawn up in original copies in the German and 
Czech languages, each text being equally binding, shall be deposited in the 
archives of the Government of the Federal Republic of Germany. The latter 
shall send a certified copy to each of the contracting parties. 
Done at 
on 1990 
For the Government of the Federal Republic of Germany 
For the European Economic Community 
For the Government of the Czech and Slovak Federative Republic 

ISSN 0254-1475 
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