12.10.83 Official Journal of the European Communities No C 273/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the drawing up of contingency plans to combat 
accidental oil spills at sea 
COM(83) 520 final 
(Submitted by the Commission to the Council on 27 September 1983) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the Council resolution of 26 June 1978 
setting up an action programme of the European 
Communities on the control and reduction of 
pollution caused by hydrocarbons discharged at 
sea (') provided for the Commission to undertake 
preliminary studies of the need for measures to 
enhance the cooperation between and effectiveness of 
the emergency teams which have been, or which are 
to be, set up in the Member States; 
Whereas the studies have helped to pinpoint a 
number of measures to ensure better-coordinated 
utilization of the means of combating pollution; 
Whereas Council Decision 81/971/EEC of 
3 December 1981 establishing a Community infor­
mation system for the control and reduction of 
pollution caused by hydrocarbons discharged at 
sea (2) provides for an up-to-date inventory of the 
means — staff, equipment and products — for 
combating pollution of the sea by hydrocarbons; 
O OJNoC 162,8.7. 1978, p. 1. 
(2) OJ No L 355, 10. 12. 1981, p. 52. Whereas the existence of national contingency plans 
in each Member State would help to speed up and 
improve operations to combat accidental oil spills at 
sea and thus make them more effective; 
Whereas it is necessary to fix the minimum 
components of the national contingency plans in 
order to orientate the efforts of Member States 
towards common objectives; 
Whereas it is useful to foresee periodic trials, in the 
form of simulation exercises, to determine the 
effectiveness of the contingency plans and to test the 
oil combating capability; 
Whereas several Member States may have a common 
interest in certain maritime areas exposed to pollution 
by accidental oil spills and may therefore be called on 
to take joint action to combat such pollution should 
accidents occur; 
Whereas the conditions for such joint action could be 
significantly improved by implementing joint 
contingency plans worked out in advance; 
Whereas, even in the absence of such joint 
contingency plans, each Member State should warn 
any others at risk as a result of an accident or the 
presence of an oil slick; 
Whereas it is therefore important for each State 
clearly to understand the instructions and procedures 
employed by the other State or States; 
Whereas Member States should take steps to allow 
other Community or non-Community countries to 
send observers to the scene of the clean-up operations 
with a view to facilitating the cooperation sought by 
the competent authorities in the country affected by 
the pollution; 
Whereas the obligations imposed by this Directive are 
compatible with those incumbent on certain Member 
States, which are Contracting Parties to the 
Agreement for Cooperation in dealing with Pollution 
of the North Sea by Oil (1969 Bonn Agreement), to 
No C 273/4 Official Journal of the European Communities 12. 10. 83 
the Convention on the Protection of the 
Mediterranean Sea against Pollution (1976 Barcelona 
Convention) and to the Convention on the Protection 
of the Marine Environment of the Baltic Sea Area 
(1974 Helsinki Convention); 
Whereas contingency plans must be drawn up in 
order to achieve one of the Community's objectives in 
respect of the control and reduction of pollution 
caused by hydrocarbons discharged at sea; whereas 
since the Treaty has not provided the powers 
necessary for action to this effect, recourse must be 
had to Article 235 of the Treaty, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. Member States shall take such measures as are 
necessary and appropriate in order to draw up 
national contingency plans making it possible to 
organize and direct operations to combat pollution 
caused by accidental oil spills at sea. 
2. All national contingency plans shall embody at 
least the components referred to in Annex 1 to this 
Directive. 
3. In the event of an accident posing a high risk of 
pollution, a special assessment shall be made of the 
effectiveness of the contingency plan, in accordance 
with the conditions laid down in Annex 2. 
Article 2 
1. In order to organize and reinforce operations to 
combat pollution caused by accidental oil spills at sea 
in maritime areas in which two or more Member 
States have a common interest, the States concerned 
shall draw up the necessary joint contingency plans. 
These plans shall specify in particular: 
— the areas in which they apply, 
— the authority which has been designated in each 
Member State to coordinate the joint action, 
•— the principles, procedures and, methods of 
cooperation to be employed to combat pollution. presence of an oil slick in maritime areas of common 
interest which constitutes a threat to the shoreline or 
allied interests of one or more other Member States, 
it shall inform the other Member State or Member 
States concerned without delay. 
Article 3 
1. Member States acting alone, jointly or in 
conjunction with non-Community countries shall 
prepare regular simulation exercises designed to test 
their capability for combating pollution at sea or on 
land. 
2. The exercises shall, among other things, test the 
quality of communications and cooperation from the 
national authorities and from the authorities of other 
countries providing resources for those in charge of 
the anti-pollution operations. 
Article 4 
The Member States shall communicate all relevant 
information on the national contingency plans 
provided for by Article 1, on the joint contingency 
plans provided for by Article 2 and on the joint 
contingency plans agreed with non-Community 
countries, through the intermediary of the Advisory 
Committee on the Control and Reduction of 
Pollution caused by Hydrocarbons discharged at Sea 
as set up by Commission Decision 80/686/EEC (*). 
Article 5 
1. By 1 January 1987 at the latest, Member States 
shall bring into force the laws, regulations and 
administrative provisions required to conform to this 
Directive. They shall inform the Commission thereof 
immediately. 
2. Member States shall communicate to the 
Commission the texts of the main provisions of 
national law which they adopt in the field governed 
by this Directive. 
Article 6 
This Directive is addressed to the Member States. 
2. Without prejudice to paragraph 1, whenever a 
Member State has knowledge of an accident or the O OJ No L 188, 22. 7. 1980, p. 11. 
12.10.83 Official Journal of the European Communities NoC273/5 
ANNEX 1 
Content of the national contingency plans 
1. Measures to protect sensitive areas and high-risk areas 
— Pinpoint the areas; 
— Specify the resources to be protected; 
— Set up consultation and decision-making mechanisms to establish an order of priority for 
protection of resources. 
2. Command structure for dealing with accidents 
— Designate the national and local authorities responsible; 
— Establish an alert procedure and a communications network; 
— List the skilled staff available; 
— Define in advance the role to be played by the main units responsible for preventing and 
combating the pollution and the procedure for coordinating their operations; 
— Take steps to ensure regular training for the emergency teams. 
3. Inventory of equipment available to the relevant authorities, of the conditions for its use and of the 
equipment which can be released for the use of other Member States. 
4. Survey of the scope for storing, destroying or making use of the residues recovered, including 
up-to-date information on sites for temporary storage of residues. 
5. Facilities for observers from other countries. 
ANNEX 2 
Assessment of the effectiveness of the contingency plans in the event of an accident posing a high 
risk of pollution 
The assessment should place particular emphasis on: 
— The speed and accuracy of the risk assessment for the areas to be protected; 
— The readiness of those in charge of operations; 
— The level of coordination between the departments involved (i.e. between the central and local 
authorities and between those in charge of the onshore and offshore operations); 
— Usefulness of the reconnaissance facilities for the purposes of directing operations; 
— Usefulness of remote sensing, where appropriate; 
— Extent to which the means deployed at the various stages of the operation — e.g. hydrocarbon 
dispersion or recovery, storage, transport, disposal or re-use of the hydrocarbons recovered, 
pinpointing of bottlenecks, supervision of operations by night — satisfy requirements; 
— Compatibility of equipment from different sources; 
— Damage caused by the use of chemical or mechanical methods; 
— Role played by the experts; 
— Relations with the public authorities responsible and flow of information to the public; 
— International cooperation.