COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(92) 133 final 
Brussels, 6 April 1992 
Proposal for a 
COUNCIL DECISION 
APPROVING CERTAIN AMENDMENTS 
TO THE AGREEMENT FOR COOPERATION 
IN DEALING WITH POLLUTION 
OF THE NORTH SEA BY OIL 
AND OTHER HARMFUL SUBSTANCES, 
AS SIGNED IN BONN ON 13 SEPTEMBER 1983 
(presented by the Commission) 
e 
EXPLANATORY MEMORANDUM 
1. The Council decided on 28 June 1984 to approve, on behalf of the 
European Economic Community, the Agreement for cooperation In dealing 
with pollution of the North Sea by oil and other harmful substances,1 
which was signed in Bonn on 13 September 1983. 
This Agreement provides for various ways of cooperation which apply 
whenever the presence or the prospective presence of oil or other 
harmful subst ..-ices polluting or threatening to pollute the sea within 
the North Sea area presents a grave and imminent danger to the coast or 
related Interests of one or more Contracting Parties. 
2. At the Second International Conference for the Protection of the North 
Sea in London on 24 and 25 November 1987 the Ministers responsible for 
the protection of the North Sea of the governments of the Member States 
on the North Sea, and the Member of the Commission of the European 
Communities responsible for environmental protection agreed to: 
"use airborne surveillance, when appropriate with bilateral or 
multilateral cooperation, as an aid to enforcing anti-poMution 
regulatIons; 
"take appropriate action with the aim of improving and, where necessary, 
extending in other suitable frameworks, international cooperation on 
airborne surveillance of the North Sea which has been initiated in the 
Bonn Agreement-
'continue to use the Bonn Agreement as the appropriate framework for the 
exchange of Information on developments In the technology of remote 
sensing and for exchanging Information about the results of cooperation 
trials to evaluate the technique-
continue to exploit the capability of airborne survel Nance for 
providing information about levels of oil pollution in the sea'; 
n continue to gain experience In the use of remote sensing devices with a 
view to improving the enforcement of existing regulations, particularly 
with respect to the prosecution of offenders".2 
Active participation in this Conference was mentioned among the main 
objectives of Community measures in the field of protection of the 
marine environment in the fourth European Community Action Programme on 
the envIronment.3 
1 Decision 84/358/EEC, OJ L 188, 16.7.1984, p.7. 
2 Paragraphs 46 to 50 of the Ministerial Declaration adopted at the Second 
International Conference for the Protection of the North Sea. 
3 OJ C 328, 7.12.1987. 
3 
3. The Agreement signed In Bonn on 13 September 1983 merely sets out rules 
and regulations regarding cooperation between the Contracting Parties In 
the event of critical situations - In particular when their coastlines 
or related Interests are In danger. In other words, It contains no 
provisions for activities designed to prevent pollution caused by the 
discharge of oil and other harmful substances or to prosecute offenders 
who are In breach of anti-pollution regulations. 
Implementation of the decisions adopted at the Second International 
Conference for the Protection of the North Sea thus requires that the 
1983 Bonn Agreement be amended and new provisions concerning 
survelI I lance Incorporated, both as an Instrument for better monitoring 
of the application of existing regulations and as a means of more rapid 
detection of the presence of the abovementloned substances. 
4. Pursuant to Article 16(1) of the Agreement, therefore, the Contracting 
Parties, at their first meeting held in Bonn from 19 to 
22 September 1989, endorsed a proposal for an amendment designed to 
establish an appropriate legal framework for Intensifying cooperation on 
pollution surveillance in the North Sea. 
5. In addition, the Contracting Parties decided to amend the demarcation 
zone of the Skagerrak, as set out in Article 2(a) of the Agreement, in 
order to rectify a material error which had been pointed out by the 
Danish authorities. 
6. The amendments can enter Into force only when they have been approved by 
all the Contracting Parties In accordance with Article 16(2). 
7. Accordingly, the Commission is forwarding the attached proposal for a 
Decision for adoption by the Council, approving the amendments to the 
Bonn Agreement adopted by the Contracting Parties at their first 
meetIng. 
y 
Proposal for a CPUnc 11 Pec Is Ion approving certain amendments to the 
Agreement for cooperation In dealing with pollution of the North Sea by oil 
and other harmful substances, as signed In Bonn on 13 September 1983 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and In particular Article 130s thereof, 
Having regard U the proposal from the Commission,1 
Having regard to the opinion of the European Parliament,2 
Having regard to the opinion of the Economic and Social Committee,3 
Whereas the Council of the European Communities decided on 28 June 1984 to 
conclude the Agreement for cooperation In dealing with pollution of the 
North Sea by oil and other harmful substances signed In Bonn on 
13 September 1983;4 
Whereas the Contracting Parties to this Agreement, at their first meeting 
held in Bonn from 19 to 22 September 1989, agreed on a number of amendments 
designed to include in the Agreement provisions concerning pollution 
surveillance activities, in order to ensure implementation of Paragraphs 46 
to 50 of the Ministerial Declaration adopted at the Second International 
Conference for the Protection of the North Sea held In London on 24 and 
25 November 1987; 
Whereas the Contracting Parties also decided to amend the demarcation zone 
of the Skagerrak, as set out in Article 2(a) of the Agreement; 
Whereas the amendments can come Into force only when they have been 
approved by all the Contracting Parties, In accordance with Article 16(2), 
HAS DECIDED AS FOLLOWS: 
ArtIcle 1 
The amendments to the Agreement for cooperation in dealing with pollution 
of the North Sea by oil and other harmful substances, agreed upon by the 
Contracting Parties at their first meeting held in Bonn from 19 to 
22 September 1989, are hereby approved on behalf of the European Economic 
Commun11 y . 
1 
2 
3 
4 Decision 84/358/EEC, OJ L 188, 16.7.1984. 
^ 
The text of the amendments Is attached to this Decision 
Article 2 
The President of the Council shall notify the Depositary Government 
referred to In Article 16(2) of the Agreement of the adoption of this 
Instrument of approval. 
Done at Brussels, 
For the CounciI 
The President 
c 
DECISION 
OF 22 SEPTEMBER 1989 
CONCERNING AMENDMENTS 
OF THE AGREEMENT 
THE CONTRACTING PARTIES to the Agreement for Co-operation in Dealing with Pollution of 
the North Sea by Oil and Other Harmful Substances, done at Bonn on 13 September 1983 
(hereinafter referred to as "the Agreement"); 
RECALLING Article 1 of the Agreement for Co-operation in Dealing with Pollution of the 
North Sea by Oil and Other Harmful Substances, done at Bonn on 13 September 1983, 
according to which the Agreement shall apply whenever the presence or the prospective 
presence of oil or other harmful substances polluting or threatening to pollute the sea 
within the North Sea presents a grave and imminent danger to the coast or related 
interests of one or more Contracting Parties; 
RECALLING paragraph XVI, subparagraphs 46 to 50 of the Ministerial Declaration of the 
Second International Conference on the Protection of the North Sea, held in London from 
24-25 November 1987; 
RECOGNIZING that the Agreement does not contain provisions referring to the use of 
surveillance as an aid to detecting pollution and to preventing violations of 
anti-pollution regulations; 
DESIRING to extend the scope of the Agreement to such activities; 
RECOGNIZING ALSO the need to adjust the southern geographical limit of the Skagerrak as 
defined in Article 2 of the Agreement; 
HAVE AGREED to amend the Agreement as follows: 
Article I 
Article 1 of the Agreement shall be amended to read as follows: 
"This Agreement shall apply: 
^i) whenever the presence or me prospective presence oi oil or other harmtul 
substances polluting or threatening to pollute the sea within the North Sea area, 
as defined in Article 2 of this Agreement, presents a grave and imminent danger to 
the coast or related interests of one or more Contracting Parties, and 
(2) to surveillance conducted in the North Sea area as an aid to detecting and 
combating such pollution and to preventing vini.i t ions of anti-i; Dilution 
regulations." 
Article II -7 
Article 2 of the Agreement shall be amended to read as follows: 
"For the purpose of this Agreement the North Sea area means the North Sea proper 
southwards of latitude 61 °N. together with: 
(a) the Skagerrak, the southern limit of which is determined east of the Skaw by the 
latitude 57° 44' 43"N; 
(b) the English Channel and its approaches eastwards of a line drawn fifty nautical 
miles to the west of a line joining the Scilly isles and Ushant." 
Article III 
Article 3 of the Agreement shall be amended to read as follows: 
"(1) The Contracting Parties consider that the matters referred to in Article 1 of this 
Agreement call for active co-operation between them. 
(2) The Contracting Parties shall jointly develop and establish guidelines for the 
practical, operational and technical aspects of joint action and co-ordinated 
surveillance as referred to in Article 6A." 
Article IV 
Article 4 of the Agreement shall be amended to read as follows: 
"Contracting Parties undertake to inform the other Contracting Parties about: 
(a) their national organisation for dealing with pollution of the kind referred to in 
Article 1 paragraph 1 of this Agreement, and for enforcing anti-pollution regulations; 
(b) the competent authorities responsible for receiving and dispatching reports of such 
pollution and for dealing with questions concerning measures of mutual assistance and 
co-ordinated surveillance between Contracting Parties; 
(c) their national means for avoiding or dealing with such pollution, which might be 
made available for international assistance; 
(d) new ways in which such pollution may be avoided and about new effective measures to 
deal with it; 
(e) major pollution incidents of this kind dealt with; 
(f) new developments in the technology of conducting surveillance, 
(g) their experience in the use of surveillance means and techniques in the detection 
of pollution and the prevention of violations of anti-pollution regulations, including 
use in co-operation with other Contracting Parties; 
(h) information of mutual interest derived from their surveillance activities; 
(i) their national programmes for surveillance, including co-operative arrangements 
with other Contracting Parties." 
Article V Z 
A new Article 6A shall be added to the Agreement as follows: 
"Surveillance shall be carried out. as appropriate, by the Contracting Parties in their 
zone of responsibility or zones of joint responsibility referred to in Article 6 of this 
Agreement. The Contracting Parties may bilaterally or multilaterally conclude agreements 
on or make arrangements for co-operation in the organisation of surveillance in the whole 
or part of the zones of the Parties concerned." 
Article VI 
Article 8 of the Agreement shall be amended to read as follows: 
"(1) The provisions c this Agreement shall not be interpreted as in any way prejudicing 
the rights and obligations of the Contracting Parties under international law. especially 
in the field of the prevention and combating of marine pollution. 
(2) In no case shall the division into zones referred to in Article 6 of this Agreement 
be invoked as a precedent or argument in any matter concerning sovereignty or 
jurisdiction. 
(3) The division into zones referred to in Article 6 of this Agreement shall in no way 
restrict the rights of Contracting Parties to carry out in accordance with international 
law surveillance activities beyond the limits of their zones." 
Article VII 
Article 9 of the Agreement shall be amended to read as follows: 
"(1) In the absence of an agreement concerning the financial arrangements governing 
actions of Contracting Parties to deal with pollution which might be concluded on a 
bilateral or multilateral basis or on the occasion of a joint combating operation, 
Contracting Parties shall bear the costs of their respective actions in dealing with 
pollution in accordance with subparagraph (a) or subparagraph (b) below: 
(a) If the action was taken by one Contracting Party at the express request of another 
Contracting Party, the Contracting Party requesting such assistance shall reimburse 
to the assisting Contracting Party the costs of its action; 
(b) .If the action was taken by a Contracting Party on its own initiative, this 
Contracting Party shall bear the costs of its action. 
(2) The Contracting Party requesting assistance may cancel its request at any time, but 
in that case it shall bear the costs already incurred or committed by the assisting 
Contracting Party. 
(3) Unless otherwise specified in bilateral or multilateral agreements or arrangements, 
each Contracting Party shall bear the costs of its surveillance activities carried out in 
accordance with Article 6A." 
Article VIII 
The Contracting Parties shall notify the Depositary Government of their approval of these 
amendments in accordance with Article 16, paragraph 2 of the Agreement. 
5 
ISSN 0254-1475 
COM (92) 133 final 
DOCUMENTS 
EN 14 
Catalogue number: CB-CO-92-147-EN-C 
ISBN 92-77-42756-6 
Office for Official Publications of the European Communities 
L-2985 Luxembourg