30. 3. 90 Official Journal of the European Communities No C 80/9 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) on action by the Community for the protection of the 
environment in the Mediterranean region (Medspa) 
COM(89) 598 final 
(Submitted by the Commission on 13 March 1990) 
(90/C 80/06) 
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 Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
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; 
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 devel­
opment 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 en­
vironment (1982 to 1986) (') 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 implemen­
tation of the abovementioned policy and action 
programme from 1987 to 1992 (2), which listed overall and integrated environmental protection of the Mediter­
ranean region as one of the priority areas; 
Whereas in its communication on the protection of the 
environment in the Mediterranean basin (3), presented to 
the Council on 24 April 1984, the Commission 
undertook to formulate a strategy and action plan for 
the protection of the environment in this region; 
Whereas the communication on protection of the en­
vironment in the Mediterranean region (4), 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 Mediter­
ranean 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 geomorphological 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 implemen­
tation of the environmental operations by providing 
financial support for specific measures; 
(') OJ No C 46, 17. 2. 1983, p. 1. (») OJ No C 133, 21. 5. 1984, p. 12. 
O OJ No C 328, 7. 12. 1987, p. 1. (4) COM(88) 392 final, 21. 11. 1988. 
No C 80/10 Official Journal of the European Communities 30. 3. 90 
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. 
Whereas the Commission has decided to launch a 
scheme concerning Structural Funds and the environ­
ment (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 Regulation; 
Whereas an adequate amount of funding is required for 
the realization 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-institu­
tional 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. 
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 envi­
ronment 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 techno­
logies 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 Regulation. 
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 adap­
tation to the situation in the Mediterranean envi­
ronment, 
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. 
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. 
30. 3. 90 Official Journal of the European Communities NoC 80/11 
2. The financial support shall take the form of: 
— capital grants towards investment in projects other 
than infrastructure projects, 
— financial contributions towards pilot or demon­
stration schemes, towards measures designed to 
provide the information necessary for the implemen­
tation 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 
Community financial support for the operations listed in 
Article 5 shall be subject to the following limits: 
— a maximum of 50 % of the total cost in the case of 
public investment projects, and pilot or demon­
stration 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. 
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 action. 
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. 
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 appro­
priations. 
2. For each multiannual 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 to in 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. 
No C 80/12 Official Journal of the European Communities 30. 3. 90 
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. 
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 10 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 Sates. 
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.