17.12.86 Official Journal of the European Communities No C 324/ 3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Decision authorizing the Commission to negotiate and approve on 
behalf of the Community certain measures as part of the implementation of international 
agreements of a regional nature relating to environmental protection to which the Community is 
a Contracting Party 
COM(86) 563 final 
(Submitted by the Commission to the Council on 2 December 1986) 
(86/C 324/04) 
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, 
Whereas the European Economic Community is a 
Contracting Party to the regional environmental 
protection agreements listed in the Annex to this 
Decision; 
Whereas, as part of the administration of these regional 
agreements, the Commission is required to participate on 
behalf of the Community in conferences which are auth­
orized by the agreements to adopt measures which set 
limit values or policy objectives which may be either 
compulsory or optional, as the case may be; 
Whereas, on grounds of efficiency and so as not to slow 
down the decision-making process and the entry into 
force of the regional agreements to which the 
Community is a Contracting Party, it is clear from the 
experience so far that it would be useful for the 
Commission, taking into account the specific features of 
the regional agreements, to be authorized to negotiate 
and approve on behalf of the Community, and on the 
basis of a general Council Decision, measures equivalent 
to or less stringent than those provided for by 
Community acts; 
Whereas, where the Community is to negotiate and 
approve measures which are more stringent than the 
Community standards, such provisions applying only to 
the Member States which are parties to the regional 
agreement, if all the Member States which are in the region concerned, all of which are parties to the regional 
agreement in question, and the Commission representing 
the Community, agree to accept the measures in 
question, it should be possible for the Commission to 
negotiate them and approve them on the basis of this 
Decision on behalf of the Community; 
Whereas, if there was no agreement between the 
Commission and the Member States parties to the 
regional agreement, the normal procedure set out in 
Article 228 (1) of the EEC Treaty would apply; 
Whereas, if it was impossible to define in an objective 
fashion and in the light of the scientific and technical 
data available whether the measures to be adopted under 
these regional agreements would have effects which were 
less stringent, equivalent to or more stringent than those 
provided for by existing Community rules, the normal 
procedure for the negotiation and approval of such 
measures would also apply; 
Whereas this Decision in no way alters the rules on the 
basis of which the exclusive competence of the 
Community is defined, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The Commission is hereby authorized to negotiate and 
approve on behalf of the Community in the context of 
the regional environmental protection agreements listed 
in the Annex hereto; 
— measures which are equivalent to or less stringent 
than those provided for in Community rules, 
No C 324/4 Official Journal of the European Communities 17.12. 86 
Article 2 
The Commission shall conduct the negotiations referred 
to in Article 1 in consultation with representatives of the 
Member States concerned which are party to the 
regional agreements in question. 
It will report to the Council immediately concerning any 
problems which might arise and on the final outcome of 
the negotiations. 
ANNEX 
Barcelona Convention 
for the protection of the Mediterranean Sea against pollution (concluded by the Community on 25 July 
1977; OJ No L 240, 19. 9. 1977). 
— Protocol for the prevention of pollution of the Mediterranean Sea by dumping by ships and aircraft 
(concluded by the Community on 25 July 1977; OJ No L 240 of 19. 9. 1977). 
— Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other 
harmful substances in cases of emergency (concluded by the Community on 19 May 1981; OJ No L 
162, 19.6. 1981). 
— Protocol for the protection of the Mediterranean Sea against pollution from land-based sources 
(concluded by the Community on 28 February 1983, OJ No L 67, 12. 3. 1983.) 
— Protocol concerning Mediterranean specially protected areas (concluded by the Community on 1 
March 1984; OJ No L 68, 10. 3. 1984). 
Paris Convention 
for the prevention of marine pollution from land-based sources (concluded by the Community on 3 March 
1975; OJ No L 194, 25. 7. 1975) in the North-East Atlantic. 
Bonn Agreement 
for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (concluded 
by the Community on 28 June 1984; OJ No L 188, 16. 7. 1984). 
Convention for the protection of the Rhine 
against chemical pollution (concluded by the Community on 25 July 1977, OJ No L 240, 19. 9. 1977). 
— Additional Agreement to the Agreement, signed in Berne on 29 April 1963, concerning the Inter­
national Commission for the Protection of the Rhine against Pollution (concluded by the Community 
on 25 July 1977; OJ No L 240, 29. 9. 1977). measures which are more stringent than those 
provided for in Community rules where the latter 
allow Member States the possibility of adopting more 
stringent national standards and provided that all the 
Member States which are in the region concerned, all 
of which are Contracting Parties to the regional 
agreement in question, and the Commission 
representing the Community, agree to the 
negotiation and approval thereof.