No C 248/20 Official Journal of the European Communities 17.9.84 
Opinion on the proposal for a Council Directive on the drawing up of contingency plans 
to combat accidental oil spills at sea(') 
(84/C 248/11) 
On 11 October 1983 the Council, acting under Article 198 of the Treaty establishing 
the European Economic Community, asked the Economic and Social Committee for 
an opinion on the proposal for a Council Directive on the drawing up of contingency 
plans to combat accidental oil spills at sea. 
The Section for Protection of the Environment, Public Health and Consumer Affairs 
was instructed to draft the opinion and report on the matter. The Section adopted its 
opinion at a meeting on 26 and 27 April 1984, in the light of Mr Zoli's report. 
During its 218th plenary session held on 4 and 5 July 1984 the Economic and Social 
Committee adopted the following opinion (meeting of 4 July 1984) with no dissenting 
votes and six abstentions. 
The Committee endorses the Commission proposal, 
although it recognizes needs to be completed in sev­
eral areas. The Committee therefore requests the 
Commission to take account of the following com­
ments: 
1. General comments 
1.1. Legal form and scope of the proposal 
1.1.1. The Committee feels obliged to point out 
that the legal form (Directive) and scope of the draft 
instrument are not appropriate and entail two 
risks: 
— potential delay in implementing the proposal, 
— possible differences in approach to implementa­
tion. By encouraging different procedures, the 
Directive may clash with the Commission's har­
monization targets. 
1.1.2. The Committee therefore believes that a Reg­
ulation would be the most appropriate instrument 
for tackling the matter. 
1.2. Limitations of the effective scope 
1.2.1. The Committee feels that the proposal's 
scope is too narrow since deliberate or operational 
discharges which occur on a wide scale are not cov­
ered. 1.2.2. This type of discharge is not the only source 
of marine pollution: other discharges also cause pol­
lution. 
1.2.3. For this reason, the Committee would re­
quest that the proposed contingency plans to com­
bat oil spills be extended to cover the discharge of 
other harmful substances at sea. 
1.2.4. The Committee also feels that the proposal's 
definition of contingency action is too narrow since 
it does not cover (a) accident prevention (with par­
ticular reference to standards for designing, building 
and fitting-out ships), (b) preventive action on the 
high seas, or (c) rehabilitation of the environment 
after disasters. 
1.2.5. The Committee believes that efforts to har­
monize national legislation on ship safety and pro­
tection of the marine environment must be pursued 
in line with work on the North Sea Conference, in 
order to safeguard the principle of healthy competi­
tion. 
1.2.6. The Committee notes that those Member 
States who have taken action along these lines must 
not be penalized by having their ports or terminals 
boycotted because of their stringent legislation. 
1.3. Geographical scope 
(i) OJ No C 273, 12. 10. 1983, p. 3. 1.3.1. The Committee notes that the Commission 
proposal does not specifiy whether contingency 
17. 9. 84 Official Journal of the European Communities No C 248/21 
action is to be confined to territorial waters or to 
economic zones. Moreover, the respective responsi­
bilities of the Community and the Member States in 
this area are not clearly spelt out. 
1.3.2. At all events the Committee feels that the 
Community and the Member States should be em­
powered to take action not only in territorial waters 
but also in economic zones and, if necessary, 
beyond 200-mile limits. 
1.4. Industry policy and cooperation in the field of 
civil protection 
While not underestimating the difficulties involved 
in cooperation between services of differing status, 
the Committee requests the Commission to give con­
sideration to genuinely free movement of rescue and 
emergency equipment. 
Under a number of international treaties, such auto­
matic cooperation already operates in the case of sea 
rescues and assistance to aircraft feared missing. It 
could therefore be extended to other spheres. 
Further, the Community's R&D policy should en­
compass support or promotion for joint Community 
projects aimed at developing high technology (and 
preferably multi-purpose) instruments in the general 
field of civil protection, with particular emphasis on 
measures to combat oil pollution. 
2. Specific comments 
2.1. Training of personnel 
2.1.1. The Committee endorses the proposals on 
intra-Community training programmes. 
2.1.2. Account must however be taken of the need 
to train persons responsible for anti-pollution meas­
ures from non-member States, particularly in the 
Mediterranean where there is a major need for train­
ing and technology transfer. Such training could be 
provided in the Malta Centre or at any other appro­
priate training centre. 
2.2. Information 
2.2.1. The Committee supports the proposal to pro­
mote information by all procedures permitting ef­
fective intervention in the event of an accident. 2.2.2. The Committee also recalls the need to set up 
a data-base covering the available instruments and 
services (staff, equipment and products) for combat­
ing pollution. Account should of course be taken of 
action already taken in this area. 
2.2.3. The Committee would alert the Commission 
to the value of holding technical seminars based on 
experience, for the purpose of training and briefing 
persons in charge of anti-pollution campaigns. 
2.3. Communications 
2.3.1. While acknowledging the work which has 
been undertaken or is in hand in this area, the Com­
mittee believes that there is a need to draw up an 
exhaustive inventory of resources for combating 
pollution. 
2.3.2. Pending this, it proposes that an inventory 
(monitoring) be taken of existing pollution particu­
larly hydrocarbon pollution in the Member States. 
Apart from listing oil-slicks, this inventory would 
make it possible to analyze the sources, the toxicity 
and the chronic nature of such pollution. 
2.4. Technical measures for combating oil spillages 
and recovering and disposing of hydrocarbons 
2.4.1. The Committee feels that research should be 
pursued inter alia into the use of detergents and 
hydrocarbon dispersal agents on the marine envi­
ronment. 
2.4.2. The Committee emphasizes the value of a 
more detailed study of hydrocarbon storage and dis­
posal techniques. 
2.5. Intra-Community cooperation 
2.5.1. The Committee feels that steps must be taken 
to make it possible to implement without delay sim­
plified procedures for moving anti-pollution equip­
ment from one Member State to another. 
2.6. Rehabilitation of the marine environment 
2.6.1. The Committee notes that the Commission 
proposal does not provide for initial measures to 
rehabilitate the marine environment. 
No C 248/22 Official Journal of the European Communities 17. 9. 84 
2.6.2. The Committee feels that specific, tailored 
measures are essential in this area, given the damage 
which pollution inflicts on the socio-economic and 
professional structure and on the inhabitants of coastal areas. There can be no question of neglecting 
the conditions for reviving economic activity in dis­
aster areas (e.g. assistance for fishermen to preserve 
or reconstitute biological resources and stocks ...). 
Done at Brussels, 4 July 1984. 
The Chairman 
of the Economic and Social Committee 
Francis CEYRAC 
Opinion on the proposal for a Council Decision concerning the signing of the Protocol on 
cooperation in combating oil spills in the wider Carribbean region and the conclusion of 
the Convention for the protection and development of the marine environment of the wider 
Carribbean region and also of the Protocol on cooperation in combating oil spills in the 
wider Carribbean region (*) 
(84/C 248/12) 
On 12 January 1984 the Council decided, in accordance with Article 198 of the Treaty 
establishing the European Economic Community, to consult the Economic and Social 
Committee on the abovementioned proposal. 
The Section for Protection of the Environment, Public Health and Consumer Affairs 
was instructed to prepare the Committee's work and adopted its opinion on 26 and 27 
April 1984 in the light of the report by Mr Zoli. 
At its 218th plenary session (meeting of 4 July 1984) the Economic and Social Com­
mittee adopted the following opinion unanimously. 
1. The Committee approves the Commission pro­
posal. 
2. However, the Committee has misgivings about 
the additional rights and obligations which could 
ensue for those Member States which do not accede 
to the Convention. 
2.1. The Committee also wonders whether it would 
be more appropriate, in order to avoid inconsisten­
cies in the rights and obligations of those Member 
States which will not be party to the Convention on the Carribean, for the Caribbean to be designated a 
sixth 'special area' for the purposes of the interna­
tional 'MarpoF Convention, which was drawn up 
under the aegis of the Intergovernmental Maritime 
Consultative Organization and has been internation­
ally applicable since 2 October 1983. 
2.2. Most of the Member States of the Community 
have now ratified the Marpol Convention and its 
1978 Protocol, and the European Community, in its 
recommendation 78/584/EEC(2), called upon the 
Member States to ratify that Convention. 
(i) OJ No C 5, 10. 1. 1984, p. 7. (2) OJ No L 194, 19. 7. 1978.