Common Position (EC) No 18/2000

adopted by the Council on 17 December 1999

with a view to adopting Decision 2000/.../EC of the European Parliament and of the Council of ... setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution

(2000/C 87/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Following consultation with the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1) The actions taken by the Community in the field of accidental marine pollution since 1978 have made it possible progressively to develop cooperation between the Member States within a Community action programme; the resolution and decisions adopted since 1978(4) constitute the basis for this cooperation.

(2) Several regional agreements on accidental marine pollution, such as the Bonn Cooperation Agreement, already facilitate mutual assistance and cooperation between Member States in this field.

(3) The Community Information System has served the purpose of making available to the Member States the data required for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea in large quantities; the Information System will be simplified by the use of a modern automatic data-processing system.

(4) The Community Task Force and other actions within the Community action programme have provided practical assistance to operational authorities during marine pollution emergencies and promoted cooperation and preparedness for efficient response to accidents.

(5) The Community programme of policy and action in relation to the environment and sustainable development(5) presented by the Commission envisages that the Community's activities will be stepped up in particular in the field of environmental emergencies which includes accidental or deliberate marine pollution.

(6) The Community cooperation in the field of accidental marine pollution, by taking action against the risks, helps to achieve the objectives of the Treaty by promoting solidarity between Member States and contributing, pursuant to Article 174 of the Treaty, to preserving and protecting the environment and protecting human health.

(7) The establishment of a Community framework for cooperation providing support measures will help to develop cooperation in the field of accidental marine pollution even more efficiently. Such a framework for cooperation should be based to a large extent on experience already gained since 1978 in this field.

(8) A Community framework for cooperation will also increase transparency as well as consolidate and strengthen the different actions.

(9) Accidental or deliberate pollution at sea includes pollution from off-shore installations.

(10) Action to provide information and prepare those responsible for and involved in dealing with accidental marine pollution in the Member States is important and increases the degree of preparedness for accidents and also contributes to preventing the risks.

(11) It is also important to undertake Community action to improve techniques and methods of response and rehabilitation after emergencies.

(12) The provision of operational support in emergency situations to Member States and facilitating the dissemination of experience from such situations among Member States has proved to be of significant value.

(13) Actions under this framework should also promote the polluter-pays principle which should be applied in accordance with the applicable national and international environmental and maritime law.

(14) The measures necessary for implementing this instrument have to be adopted following Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).

(15) This Decision lays down, for the entire duration of the cooperation framework, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(7), for the budgetary authority during the annual budgetary procedure.

(16) The provisions of this Decision take over, in particular, the action programme set up through Council resolution of 26 June 1978 and the Community Information System established through Council Decision 86/85/EEC of 6 March 1986 establishing a Community Information System for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea or in major inland waters(8); that Decision should be repealed from the date on which this Decision enters into force,

HAVE ADOPTED THIS DECISION:

Article 1

1. A Community framework for cooperation in the field of accidental or deliberate marine pollution (hereinafter called the "framework for cooperation") is hereby established for the period 1 January 2000 to 31 December 2006.

2. The framework for cooperation is intended:

(a) to support and supplement Member States' efforts at national, regional and local levels for the protection of the marine environment, coastlines and human health against the risks for accidental or deliberate pollution at sea, excluding continuous streams of pollution originating from land-based sources;

(b) to contribute to improve capabilities of the Member States for response in case of incidents involving spills or imminent threats of spills of oil or other harmful substances at sea and also to contribute to the prevention of the risks. In accordance with the internal division of competences within Member States, Member States will exchange information on dumped munitions with a view to facilitating risk identification and preparedness measures;

(c) and to strengthen the conditions for and facilitate efficient mutual assistance and cooperation between Member States in this field.

Article 2

Without prejudice to the division of responsibilities between Member States and the Commission, the Commission shall implement the actions under the framework for cooperation, as set out in Annexes I and II.

(a) Within the framework for cooperation, a Community Information System with the purpose of exchanging data for the preparedness for and response to accidental or deliberate marine pollution, is established. The system shall consist of at least the components set out in Annex I.

Types of actions under the framework for cooperation and financial arrangements for Community contribution are set out in Annex II.

(b) A three-year rolling plan to implement the framework for cooperation, to be reviewed annually, shall be adopted, in accordance with the procedure laid down in Article 4(2) and on the basis, inter alia, of the information supplied by Member States to the Commission.

The Commission may, where necessary, arrange additional actions to those set out in Annex II. Such additional actions shall be assessed in the light of the priorities set and the financial resources available and shall be adopted in accordance with the procedure laid down in Article 4(2).

(c) The financial framework for the implementation of this Decision for the period 2000 to 2006 is hereby set at EUR 7 million.

The budgetary resources allocated to the actions provided for in this Decision shall be entered into the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.

Article 3

1. The rolling plan to implement the framework for cooperation shall contain the individual actions to be undertaken.

2. Individual actions shall be selected primarily on the basis of the following criteria:

(a) contributing to providing information and preparing those responsible for and involved in dealing with accidental or deliberate marine pollution, including where relevant port authorities, in the Member States, in order to increase the degree of preparedness and contribute to preventing the risks;

(b) contributing to improving techniques and methods of response and rehabilitation after emergencies and to improving techniques for the evaluation of damages caused to the marine and coastal environment;

(c) contributing to providing better public information to help clarify risks and relaying accident information;

(d) contributing to strengthening the cooperation of relevant local bodies as regards risk prevention and response;

(e) contributing to providing operational support, by mobilising experts mainly belonging to the Community Task Force, in emergency situations to Member States and to disseminating experience from such situations among Member States.

3. Each individual action shall be implemented in close cooperation with the competent authorities on national, regional and local levels in the Member States.

Article 4

1. The Commission shall be assisted by a management committee, hereinafter referred to as the "Committee".

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, without prejudice to Article 8 thereof.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months.

3. The Committee shall draw up its rules of procedure.

Article 5

The Commission shall evaluate the implementation of the framework for cooperation at mid term and before its end, and report no later than 36 months after the entry into force of the Decision and thereafter six years after the entry into force of the Decision, to the European Parliament and the Council. In its final report, the Commission shall, if appropriate, make proposals for new measures to continue this framework.

Article 6

Decision 86/85/EEC shall be repealed.

Article 7

This Decision shall enter into force on 1 January 2000.

Article 8

This Decision is addressed to the Member States.

Done at ...

For the European Parliament

The President

...

For the Council

The President

...

(1) OJ C 25, 30.1.1999, p. 20.

(2) OJ C 169, 16.6.1999, p. 16.

(3) Opinion of the European Parliament of 16 September 1999 (OJ C 54, 25.2.2000, p. 88), Council common position of 17 December 1999 and Decision of the European Parliament of ... (not yet published in the Official Journal).

(4) OJ C 162, 8.7.1978, p. 1.

OJ L 355, 10.12.1981, p. 52.

OJ L 77, 22.3.1986, p. 33.

OJ L 158, 25.6.1988, p. 32.

(5) OJ C 138, 17.5.1993, p. 5.

(6) OJ L 184, 17.7.1999, p. 23.

(7) OJ C 172, 18.6.1999, p. 1.

(8) OJ L 77, 22.3.1986, p. 33. Decision as amended by Decision 88/346/EEC (OJ L 158, 25.6.1988, p. 32).

ANNEX I

COMPONENTS OF THE COMMUNITY INFORMATION SYSTEM

The Community Information System will use a modern automatic data-processing system. On the Internet site, there will be general background information at Community level on a Community Home Page and, on National Home Pages, information related to the national intervention resources available.

Separately, a printed part of the system will be maintained in the form of a Community operational loose-leaf booklet with information on emergency management in each Member State.

1. The Commission will open a website for the purpose of a general access page of the system and a Community Home Page.

2. Each Member State, within six months from the date the Decision enters into force, will:

(a) appoint the authority or authorities responsible for the management of the national part of the system, and inform the Commission thereof,

(b) open or maintain a National Home Page, or interconnected National Home Pages. This National Home Page or one of the interconnected National Home Pages will be connected with the whole system through the Community general access page of the system,

(c) fill in its National Home Page(s) with the relevant information, namely:

(i) a description of national structures and of links between national authorities in the field of accidental or deliberate marine pollution, including focal points to be addressed in questions of emergency response;

(ii) general information on existing teams and equipment for emergency response and clean-up, in particular:

- strike teams (sea-borne) consisting of spill response vessels,

- strike teams (land-based) to combat shoreline pollution and to organise temporary storage as well as to conduct actions for the rehabilitation of sensitive coastal areas,

- expert teams to carry out environmental monitoring of pollution and/or the impact of the combating techniques used, including chemical dispersion,

- other mechanical, chemical and biological means for combating pollution at sea and cleaning up coasts, including systems for lightening of oil tankers,

- aircraft for aerial surveillance,

- location of stockpiles,

- emergency towage capacity,

- emergency number(s) for public use;

(iii) conditions for offering assistance.

Upon request the focal points will provide additional information.

3. Each Member State will update its National Home Page(s), specified in paragraph 2, as soon as changes have occurred.

4. Each Member State will provide the Commission with its information on operational emergency management to be included in the Community operational loose-leaf booklet, including operational procedures for mobilisation and operational contact points with their references, within six months of the date the Decision enters into force.

5. Each Member State will notify to the Commission at the earliest opportunity any change related to the information contained in the loose-leaf booklet.

6. The Commission will make available to each Member State a copy of the loose-leaf booklet and provide any updating to the Member States.

The models for the Community and National Home Pages and further guidance for the implementation of the Community Information System will be adopted in accordance with the procedure laid down in Article 4(2).

ANNEX II

FINANCIAL ARRANGEMENTS FOR THE COMMUNITY CONTRIBUTION

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 17 December 1998 the Commission submitted a proposal for a Decision(1) based on Article 130s(1) (new Article 175(1)) of the EC Treaty setting up a Community framework for cooperation in the field of accidental marine pollution.

2. The European Parliament delivered its opinion(2) at first reading on 16 September 1999.

Following that opinion, the Commission forwarded an amended proposal on 1 December 1999(3).

The Economic and Social Committee delivered its opinion(4) on 29 April 1999. The Committee of the Regions decided not to deliver an opinion.

3. On 17 December 1999 the Council unanimously adopted its common position.

II. OBJECTIVE

4. Building on existing instruments, the proposal aims to establish a Community framework for cooperation in the field of accidental marine pollution. This framework is intended to support and supplement Member States' efforts for the protection of the marine environment, human health and coastlines against the risks of accidental pollution at sea and operational spills, and strengthen the conditions for efficient mutual assistance and cooperation between Member States in this field.

Within this framework a Community Information System with the purpose of exchanging data for the preparedness for and response to accidental marine pollution, including operational spills, is established.

III. ANALYSIS OF THE COMMON POSITION

5. General remarks

In the light of the objective set out above, the Council has endeavoured to draw up an instrument which makes the best use of the resources available and avoid duplicating existing instruments. Guided by these considerations, the Council was able to incorporate in its common position either verbatim, in substance or in part most of the European Parliament amendments which the Commission included in its amended proposal.

6. Specific remarks

(Unless otherwise indicated, the references below are to the text of the common position. A consistent effort has been made to match the wording of the recitals with that of the Articles while avoiding duplications, in particular between recitals)

The main amendments made by the Council to the Commission's amended proposal are as follows:

Article 1

(i) time-frame (paragraph 1):

The time-frame as aligned on that of the financial perspectives and therefore extended from five years (as proposed by the Commission) to seven years (2000 to 2006). This longer time-frame is reflected in the amended timing of the two reports provided by Article 5;

(ii) scope (paragraph 2):

- for reasons of clarity, to take into account that the limited programme proposed cannot address all possible sources of pollution affecting the marine environment, directly or indirectly, and noting that continuous streams of pollution originating from land-based sources are normally regulated under other Community instruments, the instrument will address "risks for accidental or deliberate pollution at sea, excluding continuous streams of pollution originating from land-based sources". With this clarification, it appears that the second subparagraph of paragraph 2 of the amended proposal does not add anything to the definition of the scope of the instrument. Besides, this subparagraph is open-ended. It is therefore not retained.

The formulation "accidental or deliberate pollution at sea" replaces "accidental pollution at sea and operational spills" throughout the text. Moreover recital 9 makes it clear that pollution at sea includes pollution from off-shore installations,

- as regards harmful substances the common position, while acknowledging the potential hazardous nature of dumped munitions notes (a) that different competent authorities or Ministries are involved within Member States, and (b) that the operational provision proposed by the European Parliament and retained by the Commission (namely putting the location of dumping sites on websites) has obvious drawbacks. This is reflected in paragraph 2(b) and in not mentioning dumping sites either in Article 1 or in Annex I paragraph 3;

(iii) polluter-pays principle:

While actions under this instrument should promote the polluter-pays principle (see recital 13) the provision proposed in the second subparagraph of paragraph 3 of the Commission amended proposal goes far beyond the objective set in Article 1. Moreover financial compensations are only one of the many ways of implementing the polluter-pays principle.

Article 2

In accordance with the terms of the Interinstitutional Agreement of 6 May 1999 (see also recital 15), paragraph 2(c) mentions a financial framework of EUR 7 million for the period 2000 to 2006, equivalent to the EUR 1 million per year proposed by the Commission.

Article 3

While agreeing with the list of criteria proposed by the Commission the Council is of the view that the exchange of information between port authorities is more relevant to paragraph (a) than to paragraph (b).

Article 4

Given the nature of the tasks facing the committee assisting the Commission, the common position establishes a management committee instead of the advisory committee proposed by the Commission. The relevant decision-making procedure has been brought into line with Article 4 of Council Decision 1999/468/EC on committee procedure, and the period allowed for the Council to act has been set at three months.

Annex I

Apart from a few technical clarifications (e.g. mentioning interconnected National Home Pages in paragraph 2(b)), the only significant changes are:

- requesting general information on teams and equipment for emergency response and clean-up to be put on the Home Pages, this information being complemented by the focal points upon request. This approach will ensure a more up-to-date information in case of real need while avoiding constant updating of Home Pages,

- stipulating how models for the Community and National Home Pages are to be adopted (last paragraph of the Annex), ensuring thereby a more comparable presentation of national and Community information.

(1) OJ C 25, 30.1.1999, p. 20.

(2) OJ C 54, 25.2.2000, p. 88.

(3) Not yet published in the Official Journal.

(4) OJ C 169, 16.6.1999, p. 16.