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Brussels, 3.10.2008

COM(2008) 527 final

Proposal for a

COUNCIL DECISION

concerning the signature, on behalf of the European Community, of the Protocol on Integrated Coastal Zone Management in the Mediterranean (Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean)

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Convention for the Protection of the Marine environment and the Coastal region of the Mediterranean, also known as the "Barcelona Convention", was initially done at Barcelona in 1976 and amended on 10 June 1995. The Convention came into force on 9 July 2004. The European Community is Contracting Party to the Convention, as are all EU Mediterranean coastal Member States. Article 4 paragraph 3 of the amended Convention specifically obliges Parties to promote integrated coastal zone management, taking into account the protection of areas of ecological and landscape interest and the rational use of natural resources.

2. In the EU, the main instrument promoting Integrated Coastal Zone Management is the European Parliament and Council Recommendation concerning the implementation of Integrated Coastal Zone Management in Europe (2002/413/EC, OJ L148, 6.6.2002). Chapter V of the Recommendation stresses the importance of cooperation in regional seas to achieve better coordination and responses to cross-border coastal issues. The Community promotes integrated management on a larger scale by means of horizontal instruments, including in the field of environmental protection. These activities therefore also contribute to integrated coastal zone management. Integrated Coastal Zone Management is one component of the EU integrated Maritime Policy.

3. By virtue of a Council Decision of 27 November 2006, the Commission participated on behalf of the Community, in consultation with the representatives of the Member States, in the negotiations organised by the Convention with a view to preparing a Protocol on Integrated Coastal Zone Management in the Mediterranean. The negotiations were concluded on 20 January 2008 with the adoption of the final text at the Conference of Plenipotentiaries. The EU Member States which are Party to the Barcelona Convention have all signed the Protocol, except Cyprus. The Protocol is open for signature until 20 January 2009.

4. The Mediterranean coastal zones continue to experience high pressures on the environment and degradation of coastal resources. The Protocol provides a framework to stimulate a more concerted and integrated approach, involving public and private stakeholders including civil society and economic operators. Such an inclusive approach is required to address these problems more effectively and achieve a more sustainable development of the Mediterranean coastal zones.

5. The Protocol covers a broad range of provisions which will need to be implemented by different levels of administration taking the subsidiarity and proportionality principles into account. While it is appropriate for the Community to act in support of integrated coastal zone management, bearing in mind, inter alia , the cross-border nature of most environmental problems, the Member States and their relevant competent authorities will be responsible for the design and implementation of certain detailed measures laid down in the Protocol related to the coastal territory, such as the establishment of zones where construction is not allowed.

In view of the above, it is appropriate for the Community to sign, subject to subsequent conclusion, the Protocol on Integrated Coastal Zone Management in the Mediterranean.

Proposal for a

COUNCIL DECISION

concerning the signature, on behalf of the European Community, of the Protocol on Integrated Coastal Zone Management in the Mediterranean (Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1), in conjunction with the first sentence of the first paragraph of Article 300 (2), thereof,

Having regard to the proposal from the Commission[1],

Whereas:

(1) The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean was concluded on behalf of the European Community by Council Decisions 77/585/CEE and 1999/802/CE[2].

(2) Article 4.3 (e) of the Conventions commits Contraction Parties to promote the integrated management of the coastal zones, taking into account the protection of areas of ecological and landscape interest and the rational use of natural resources.

(3) The Recommendation of the European Parliament and of the Council, of 30 May 2002, concerning the implementation of Integrated Coastal Zone Management in Europe[3], and in particular its Chapter V, encourages the implementation of integrated coastal zone management in the context of existing conventions with neighbouring countries, including non-Member States in the same regional sea.

(4) The Community promotes integrated management on a larger scale by means of horizontal instruments, including in the field of environmental protection. These activities therefore contribute to integrated coastal zone management.

(5) Integrated Coastal Zone Management is one component of the EU Integrated Maritime Policy as endorsed by the European Council, 14 December 2007.

(6) By virtue of a Council Decision of 27 November 2006, the Commission participated on behalf of the Community, in consultation with the representatives of the Member States, in the negotiations organised by the Convention with a view to preparing a Protocol on Integrated Coastal Zone Management in the Mediterranean.

(7) As a result of those negotiations the text of the Protocol was adopted by the Conference of Plenipotentiaries on 20 January 2008 and the Protocol will be open for signature until 20 January 2009.

(8) The Mediterranean coastal zones continue to experience high pressures on the environment and degradation of coastal resources. The Protocol provides a framework to stimulate a more concerted and integrated approach, involving public and private stakeholders including civil society and economic operators. Such and inclusive approach is required to address these problems more effectively and achieve a more sustainable development of the Mediterranean coastal zones.

(9) The Protocol covers a broad range of provisions which will need to be implemented by different levels of administration taking the subsidiarity and proportionality principles into account. While it is appropriate for the Community to act in support of integrated coastal zone management, bearing in mind, inter alia , the cross-border nature of most environmental problems, the Member States and their relevant competent authorities will be responsible for the design and implementation on the coastal territory of certain detailed measures laid down in the Protocol, such as the establishment of zones where construction is not allowed.

(10) It is appropriate that the Protocol on Integrated Coastal Zone Management in the Mediterranean be signed, on behalf of the Community, subject to subsequent conclusion,

HAS DECIDED AS FOLLOWS:

Sole Article

The President of the Council is hereby authorised to designate the persons or persons empowered to sign on behalf of the Community, subject to subsequent conclusion, the Protocol on Integrated Coastal Zone Management of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean.

Done at Brussels,

For the Council

The President

[1] OJ C , , p. .

[2] OJ L240, 19.9.1977, p.1; OJ L322, 14.12.1999, p.32.

[3] 2002/413/EC, OJ L148, 6.6.2002, p.24.