PROPOSAL FOR A COUNCIL DECISION CONCERNING THE APPROVAL OF THE CONVENTION ON THE INTERNATIONAL COMMISSION FOR THE PROTECTION OF THE ELBE
Date: 1991-03-14
Institutions: European Commission
Subjects: Czechoslovakia, Germany, international convention, pollution control measures, pollution of waterways, watercourse

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(91) 78  final 

Brussels, 14 March 1991 

Proposal  for a 

COUNCIL  DECISION 

concerning the approval of the Convention on the International 
Commission for the Protection of the Elbe 

(presented by the Commission) 

</ 

EXPLANATORY  MEMORANDUM 

The  Convention  on  the  International  Commission  for  the  protection 
of  the  Elbe  was  signed  In  Magdeburg  on  8  October  1990  by  the 
Federal  Republic  of  Germany  and  by  the  Czech  and  Slovak  Federal 
Republic,  as  well  as  by  the  European  Economic  Community,  In 
accordance with Council  Decision 8549/90 of  24 September  1990. 

The  Convention  enters  into  force  on  the  day  on  which  all 
signatories  have  informed  the  Federal  Republic  of  Germany  as 
depositary  that  the  preconditions  for  the  entry  into  force 
currently  required  by  the national  laws have  been  fulfilled  (Art. 
18,  § 1 ). 

The Convention  is essentially aimed  at  preventing  the pollution of 
the  Elbe  and  Its  drainage  area  (art.  1  §  1 ). To  this  end,  it 
foresees  the  establishment  of  an  International  Commission  on  the 
Protection of  the Elbe. 

According  to  art.  2  of  the  Convention,  the  International 
Commission  shall,  Inter  alia,  prepare  surveys  on  water  pollution 
from  point  and  diffuse  sources,  and  propose  limit  values  for  the 
discharge  of  effluent  and  specific  quality  objectives,  as well  as 
specific  action  for  the  reduction  of  discharges  of  harmful 
substances. 

4.  The  Convention  therefore  refers  to  matters  covered  by  Community 
legislation.  In  particular,  the  Community  directives  on  water 
quality objectives  and elimination or  reduction of water  pollution 
by  dangerous  substances  currently  apply  to  the  Elbe  and  its 
tributaries  where  they  run  through  the  territory  of  the  Federal 
Republic of  Germany. 

5.  Questions  relating  to  the  fishery  industry  and  shipping  are 
explicitly  excluded  from  the  Convention  (art.  1  §  4 ). For  this 
reason,  art.  130  S  of  the  EEC  Treaty  would  be  the  correct  legal 
basis  for  this decision  by  the Council. 

6.  In conclusion,  the Commission  proposes  to the Council  to adopt  the 
attached  draft  decision  concerning  the  approval, on  behalf  of  the 
European 
the 
International  Commission  for  the Protection  of  the  Elbe,  in order 
to permit  the Community  to assume  Its full  role  as a party  to  the 
Convent ion. 

Economic  Community,  of 

the  Convention  on 

i 

Proposal  for a 

COUNCIL PEC IS ION 

concluding  the Convention on  the  International  Commission 
for  the Protection of  the Elbe 

THE COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic 
Community,  and  In particular Article  130 S thereof, 

Having  regard  to the proposal  from  the  Commission,1 

Having  regard  to the opinion of  the European Parliament2; 

Having  regard  to the opinion of  the Economic and Social  Committee3. 

Having  regard  to  the  resolution  of  the  Council  of  the  European 
Communities  and  of  the  representatives  of  the  Governments  of  the 
Member  States  meeting  within  the  Council  of  19  October  1987  on  the 
continuation  and  implementation  of  a  European  Community  policy  and 
action  programme  on  the  environment  (1987-1992)4,  and  the  fourth 
action  programme  of  the  European  Communities  on  the  environment, 
annexed  to  the  said  resolution,  hereafter  called  "Fourth  Action 
Programme". 

Whereas  the  Fourth  Action  Programme,  In  continuation  of  the  earlier 
Action  Programmes,  lists  amongst  Its  main  areas  of  activity, 
monitoring  and  control  with  a  view  to  improving  water  quality  and 
reducing pollut Ion; 

Whereas  the  Fourth  Action  Programme  calls  for  active  participation  by 
the  Community  and  Its member  States  In  International  action  for  the 
protection  of  the  environment,  and  attaches,  In  this  framework, 
particular  importance  to bilateral  liaisons with  third Countries; 

Whereas  the  Convention  on  the  International  Commission  for  the 
Protection  of  the  Elbe,  signed  in  Magdeburg  on  8  October  1990, 
provides  in  particular  for  the  establishment  of  an  International 
Commission  to prevent  the pollution of  the Elbe and  its drainage  area, 
as  far  as covered  by  this Convention; 

Whereas  the  existing  Community 
legislation  on  water  pollution 
currently  apply  to the Elbe and  its  tributaries where  they  run  through 
the  territory  of  the Federal  Republic of  Germany; 

1 SEC(90)1399  Final 
2 
3 
4 

O.J. No. C 328 of 7-12-1987, p 

M 

Whereas  It  appears  necessary  for  the  Community  to  conclude  the 
Convention  In order  to attain  one  of  the objectives  of  the  Community 
as regards  the preservation, protection  and  Improvement  of  the quality 
of  the environment, as provided  for  In the Single European Act; 

Whereas  the  said  Convention  was  signed  on  behalf  of  the  Community  on 
8 October  1990 ; 

HAS DECIDED AS FOLLOWS, 

Article 1 

The  Convention  on  the  International  Commission  for  the  protection  of 
the  Elbe  Is  hereby  approved  on  behalf  of  the  European  Economic 
community. 

The  text of  the Convention  is attached  to this decision. 

Article  2 

The  President  of  the  Council  of  the  European  Communities  shall,  on 
behalf  of  the European  Economic Community,  Inform  the Federal  Republic 
of  Germany,  as  depositary,  that  the  preconditions  for  the  entry  Into 
force  of  the  Convention  have  been  fulfilled  by  the  European  Economic 
Community,  in  accordance  with  Article  18,  Paragraph  1  of  the 
Convention. 

Done at Brussels, 

£ 

CONVENTION ON THE INTERNATIONAL COMMISSION 

FOR THE PROTECTION OF THE ELBE 

The Governments of the Federal Republic of Germany and the Czech, and Slovak 

Federative Republic and the European Economic Community, 

Concerned about the pollution of the Elbe. 

Resolved to prevent its further pollution and to improve its current state, 

Recognising the need to make a sustained contribution to the reduction of 

pollution in the North Sea arising from the Kibe, 

Convinced of the urgency of these tasks, and 

Intending to increase the cooperation that already  jxists between the 

contracting parties in this area, 

Have agreed the following: 

-? 

Article 1 

1. The contracting parties shall cooperate in the International Commission 

on the Protection of the Elbe, hereinafter referred to as the Commission 

to prevent the pollution of the Elbe and its drainage area. 

2. They shall in so doing in particular endeavour 

(a)  to enable use to be made of the river, in particular the obtaining 

of supplies of drinking water from bank-filtered waters and the 

agricultural use of the waters and sediments, 

(b)  to achieve as natural an ecosystem as possible with a healthy 

diversity of species. 

(c)  to reduce substantially the pollution of the North Sea from the 

Elbe area, 

3. In order to attain these objectives step-by-step, the contracting 

parties within the framework of the Commission shall determine the tasks 

to be carried out as a priority in the form of work programmes with 

timetables.  These programmes shall provide,  inter 

alia,  proposals for 

the application of state-of-the-art techniques for the reduction of 

emissions and for measures to reduce pollution from various sources. 

4. The Convention does not cover matters relatijng to the fishlijg industry 

and shipping; however, this does not exclude the consideration of 

matters relating to the protection of the waters against pollution 

caused by these industries. 

Article 2 

1. In particular the Commission shall 

(a)  prepare surveys showing major point sources of discharges of 

harmful materials (discharge charts), estimate water pollution from 

diffuse sources and extrapolate both of these, 

(b)  propose limit values for the discharge of effluent, 

(c)  propose specific quality objectives taking account of the 

requirements with regard to the use of the waters, the particular 

conditions for the protection of the North Sea and the natural 

aquatic communities, 

(d)  propose and coordinate the implementation of joint programmes of 

measurements and investigations to demonstrate the quality of the 

waters, sediments and effluent and to describe the aquatic and 

coastal communities, and shall record and evaluate the findings, 

(e)  compile standardized methods for the classification of water 

quality in the Elbe, 

(f)  propose specific action for the reduction of discharges of harmful 

materials from the point sources of both local authorities and 

industry and from diffuse sources and further measures including 

timetables and a cost assessment, 

(g)  propose protective measures to prevent water pollution resulting 

from accidents, 

(h)  propose a uniform warning and alert system for the drainage area, 

to be updated according to experience. 

-a 

(i)  describe the hydrological situation in the Elbe area and record the 

main influencing factors (Elbe monograph), 

(j)  provide documentary évidence regarding the ecological importance of 

the various biotope elements of the waters and draft proposals 

regarding the improvement of conditions for aquatic and coastal 

communities, 

(k)  discuss planned and, upon request of a delegation, existing types 

of utilization of the waters which may have serious international 

repercussions, including hydraulic structures and regulation of the 

waters, 

(1)  promote cooperation in particular on scientific research projects 

and regarding the exchange of information especially on the state 

of the technology and cooperation on scientific research projects, 

(m)  prepare the basis for any regulations between the contracting 

parties regarding the protection of the Elbe and its drainage area. 

2. The Commission shall furthermore be responsible for all other matters 

assigned to it by the contracting parties by joint agreement. 

Article 3 

This Convention shall apply in the territories in which the Treaty 

establishing the European Economic Community is applicable and under the 

terms of that Treaty, on the one hand, and in the territory of the Czech 

and Slovak Federative Republic, on the other hand. 

-J10-

Article 4 

The contracting parties shall inform the Commission about all the basic 

matters required for the Commission to fulfil its tasks and about the 

measures taken and the total resources used.  The Commission shall evaluate 

these reports and may sufcmit proposals to the contracting parties regarding 

improvements. 

Article 5 

1. The Commission shall consist of the delegations of the contracting 

parties.  Each contracting party shall appoint a maximum of five 

delegates and their deputies, Including the head of the delegation and 

his deputy. 

2. Each delegation may call in experts which it appoints for the 

consideration of certain matters. 

Article 6 

1. The chairmanship of the Commission shall be held by the delegations of 

the contracting parties in turn.  Details regarding the provision of a 

chairman shall be determined by the Commission and included in its rules 

of procedure.  The delegation chairing the Commission shall appoint one 

of its members as Chairman.  This delegation may for the duration of its 

chai rmanship appoint a further delegate. 

2. The Chairman shall, as a rule, not speak on behalf of his delegation 

during the meetings of the Commission. 

-M-

Article 7 

1. The Commission shall meet at least once a year, when invited by the 

Chairman for a regular meeting at a place to be specified by him. 

2. Extraordinary meetings shall be convened by the Chairman if so requested 

by a delegation. 

3. The leaders of the delegations may confer between meetings of the 

Commission. 

4. The Chairman shall propose the agenda.  Each delegation shall be 

entitled to include those items in the agenda which it wishes to have 

discussed.  The order shall be decided by majority decision of the 

Commission. 

Article 6 

1. Each delegation shall have one vote. 

2. Negotiations and decisions within the framework of this agreement as 

well as its implementation shall be conducted by the European 

Communities and the Federal Republic of Germany m.thin their respective 

fields of compétence.  The European Communities shall not exercise their 

right to vote in cases ixi which the Federal Republic of Germany is 

competent and vice versa,. 

3. The Commission's decisions  &nd proposals shall, unless otherwise 

specified in this Convention, be unanimously 'c^ptecL  A written 

procedure way iafee place ir« lin- :vltb. the cm-tttom  to be specified in 

the rules of •procedure. 

-JZ 

4. Decisions nem. con, shall be deemed to be unanimous, provided all 

delegations are present. 

Article 9 

1. The Commission shall set up working parties to carry out certain tasks. 

2. The working parties shall consist of the delegates or experts appointed 

by each delegation. 

3. The Commission shall determine the task and the number of members of 

each working party and shall appoint its Chairman. 

Article 1Q 

The Commission shall establish a secretariat for the preparation, 

implementation and support of its work.  The headquarters of the 

secretariat shall be at Magdeburg.  Further details shall be governed by 

the rules of prooedure. 

Article 11 

The Commission may call on the services of especially suitable persons or 

establishments for the examination of special matters. 

Article 12 

The Commission shall adopt decisions regarding cooperation with other 

national and international organizations concerned with pollution control. 

-

)

&• 

Article 13 

The Commission shall provide the contracting parties with an activity 

report at least every two years and, as required, with further reports 

setting out in particular the results of investigations and their* 

assessments. 

Article 14 

1. Each contracting party shall bear the cost of its representation in the 

Commission and the working parties and the cost of the current 

investigations carried out in its territory. 

2. All other expenditure arising from the work of the Commission, including 

the costs of the secretariat, shall be divided among the contracting 

parties as follows: 

Federal Republic of Germany 

European Economic Community 

Czech and Slovak Federative Republic 

65.0% 

2.3% 

32.5% 

TOTAL 

100% 

The Commission may also specify a different breakdown in certain cases. 

- / \-

Article 19 

The Commission shall adopt rules of procedure. 

Article 16 

1. Existing conventions and treaties shall remain unaffected. 

2. The Commission shall examine as soon as possible to what extent it is 

expedient to amend, to supplement or to annul conventions and treaties 

as referred to in paragraph 1 because of their contents or for other 

reasons.  It shall draw up recommendations in respect of their amendment 

or annulment and of the conclusion of new conventions or treaties. 

Article 17 

The working languages of the Commission shall be German and Czech. 

Article 16 

This Convention shall enter into force on the day on which all signatories 

have informed the Federal Republic of Germany as depositary that the 

preconditions for the entry into force currently required by the national 

laws have been fulfilled. 

The Convention shall be concluded for an unlimited period.  It can be 

denounced with five years' notice.  The notice of denunciation is to be 

made in writing to the depositary, who will inform the other contracting 

parties.  The notice of denunciation will take effect as of the day on 

which it is received by the depositary. 

-JS-

Article 19 

This Convention, which is drawn up in original copies in the German and 

Czech languages, each text being equally binding, shall be deposited in the 

archives of the Government of the Federal Republic of Germany.  The latter 

shall send a certified copy to each of the contracting parties. 

Done at 

on 

1990 

For the Government of the Federal Republic of Germany 

For the European Economic Community 

For the Government of the Czech and Slovak Federative Republic 

ISSN 0254-1475 

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