Proposal for a COUNCIL DECISION APROVING 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
Date: 1992-04-06
Institutions: European Commission
Subjects: North Sea, amendment, cooperation agreement, dangerous substance, oil pollution, pollution control measures

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 
19  to 
Parties,  at 
first  meeting  held 
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. 

in  Bonn 

their 

from 

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 
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"); 

for  Co-operation 

the  Agreement 

to 

1  of 

the  Agreement 

RECALLING  Article 
the 
North  Sea  by  Oil  and  Other  Harmful  Substances,  done  at  Bonn  on  13  September  1983, 
the  prospective 
shall  apply  whenever 
the  Agreement 
according 
presence  of  oil  or  other  harmful 
sea 
substances  polluting  or 
within 
related 
interests  of  one  or  more  Contracting  Parties; 

the  North  Sea  presents  a  grave  and 

the  presence 
threatening 

in  Dealing  with  Pollution  of 

pollute 
coast  or 

for  Co-operation 

to  which 

imminent 

danger 

the 

the 

or 

to 

to 

RECALLING  paragraph  XVI,  subparagraphs  46 
Second 
24-25  November  1987; 

International  Conference  on 

to  50  of 

the  Ministerial  Declaration  of 

the  Protection  of 

the  North  Sea,  held 

in  London 

the 
from 

RECOGNIZING 
s u r v e i l l a n ce 
anti-pollution  regulations; 

that 

an 

as 

the  Agreement  does  not  contain  provisions 

a id 

to 

d e t e c t i ng 

p o l l u t i on 

a nd 

to 

referring 
p r e v e n t i ng 

the  use  of 

to 
v i o l a t i o ns 

of 

DESIRING  to extend  the  scope  of the  Agreement  to such  activities; 

RECOGNIZING  ALSO 
defined  in Article  2 of  the  Agreement; 

the  need 

to  adjust 

the  southern  geographical 

limit  of 

the  Skagerrak  as 

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) 

(2) 

p r e s e n ce 

w h e n e v er 
substances 
as  defined 
the coast  or  related  interests  of  one  or  more Contracting  Parties,  and 

t he 
polluting 
in  Article  2  of 

or  me  prospective 
to  pollute 

p r e s e n ce 
the 

threatening 

or 

this  Agreement,  presents  a  grave  and 

sea  within 

oil 

oi 

or 

other 

harmtul 
the  North  Sea  area, 
to 
imminent  danger 

surveillance 

c o n d u c t ed 

in 

s u ch 

p o l l u t i on 

to 
c o m b a t i ng 
regulations." 

the  North  Sea  area 
a nd 

p r e v e n t i ng 

to 

an 

as 
v i n i .i  t i o ns 

aid 

to 

detecting  and 

of 

a n t i - i;  D i l u t i on 

Article  2 of  the  Agreement  shall  be  amended  to  read  as  follows: 

Article  II 

-7 

the  purpose 

"For 
this  Agreement 
southwards  of  latitude  61 ° N.  together  with: 

of 

the  North  Sea  area  means 

the  North  Sea 

proper 

(a) 

(b) 

the  Skagerrak, 
latitude  5 7°  44' 43"N; 

the  southern 

limit  of  which 

is  determined  east  of 

the  Skaw  by 

the 

the  English  Channel 
miles to  the west  of  a line joining  the  Scilly  isles and  Ushant." 

its  approaches  eastwards 

and 

of 

a 

line  drawn 

fifty 

nautical 

Article 3 of  the Agreement  shall be  amended  to read  as follows: 

Article  III 

The  Contracting  Parties 

"(1) 
Agreement  call for  active  co-operation  between them. 

consider 

that 

the  matters 

referred 

to 

in  Article 

1  of 

this 

The  C o n t r a c t i ng  Parties 

(2) 
p r a c t i c a l, 
o p e r a t i o n al 
surveillance as  referred  to  in Article  6A." 

a nd 

t e c h n i c al 

shall 

jointly  develop 

and 
j o i nt 

establish 
a c t i on 

guidelines 

for 

the 

a nd 

c o - o r d i n a t ed 

a s p e c ts 

of 

Article  IV 

Article 4 of  the Agreement  shall be amended  to  read  as  follows: 

"Contracting  Parties  undertake  to  inform  the other  Contracting  Parties  about: 

their  national 

(a) 
Article  1 paragraph  1 of  this Agreement,  and for  enforcing  anti-pollution  regulations; 

for  dealing  with  pollution 

organisation 

the 

of 

kind 

referred 

to 

in 

the 

(b) 
pollution  and 
co-ordinated  surveillance  between  Contracting  Parties; 

dealing  with  questions 

competent 
for 

responsible 

authorities 

for 

receiving  and  dispatching 

reports  of 
of  mutual  assistance 

such 
and 

concerning  measures 

their  national  means 

(c) 
made available for  international  assistance; 

for  avoiding  or  dealing  with 

such 

pollution,  which  might 

be 

new  ways 

(d) 
deal with  it; 

in  which  such  pollution  may  be  avoided  and  about  new  effective  measures 

to 

(e) 

major  pollution  incidents  of  this  kind dealt  with; 

(f) 

new developments  in the technology  of conducting  surveillance, 

their  experience 

(g) 
of 
the 
use in co-operation  with  other  Contracting  Parties; 

the  use  of  surveillance  means  and 
violations 

prevention 

p o l l u t i on 

a nd 

of 

of 

in 

techniques 

in 

the 

a n t i - p o l l u t i on 

r e g u l a t i o n s, 

detection 
i n c l u d i ng 

(h) 

information  of  mutual  interest  derived from their  surveillance  activities; 

their 

(i) 
with other  Contracting  Parties." 

n a t i o n al 

p r o g r a m m es 

for 

surveillance, 

i n c l u d i ng 

c o - o p e r a t i ve 

a r r a n g e m e n ts 

A new  Article  6A  shall  be added  to  the  Agreement  as  follows: 

Article V 

Z 

of 

be 
shall 
responsibility 

"Surveillance 
zone 
joint 
Agreement.  The  Contracting  Parties  may 
for  co-operation 
on  or  make  arrangements 
or  part  of  the  zones  of  the  Parties  concerned." 

carried 
or 

zones 

of 

out.  as  appropriate, 

by 
responsibility 
bilaterally 
in 

the  C o n t r a c t i ng  Parties 
to 
referred 
or  multilaterally 
the  organisation  of  surveillance 

in  Article 
c o n c l u de 

their 
in 
6  of 
this 
agreements 
the  whole 

in 

Article 8  of  the  Agreement  shall  be amended  to  read  as  follows: 

Article  VI 

The  provisions 
a nd 

"(1) 
the 
in the  field  of the  prevention  and  combating  of  marine  pollution. 

this  Agreement  shall  not  be 

c 
obligations 

the  Contracting  Parties 

rights 

of 

interpreted  as 
under 

in  any  w ay 

international 

law. 

prejudicing 
especially 

In  no  case  shall 

the  division 

into  zones 

referred 

to 

as  a 

p r e c e d e nt 

or  a r g u m e nt 

in  a ny  matter 

in  Article  6  of 
c o n c e r n i ng 

this  Agreement 
or 

sovereignty 

(2) 
be 
jurisdiction. 

i n v o k ed 

The  division 

(3) 
restrict 
law surveillance  activities  beyond  the  limits of their  zones." 

rights  of  Contracting  Parties 

into  zones 

referred 

in  Article  6  of 
out 
carry 

the 

to 

to 

this  Agreement 
shall 
in  accordance  with 

in  no  way 
international 

Article  9  of  the  Agreement  shall  be  amended  to  read  as  follows: 

Article  VII 

of 

In 

the 

absence 

"(1) 
actions 
b i l a t e r al 
C o n t r a c t i ng  Parties 
pollution  in accordance  with  subparagraph  (a) or  subparagraph  (b)  below: 

to  deal  with  pollution  which  might 
or  on 
the 

of  Contracting  Parties 
basis 

the  o c c a s i on 
their 

of 
a 
respective 

or  multilateral 

an  agreement 

concerning 

financial 

costs 

shall 

j o i nt 

bear 

the 

of 

arrangements 

be 

c o n c l u d ed 

governing 
on  a 
o p e r a t i o n, 
dealing  with 

c o m b a t i ng 

actions 

in 

(a) 

(b) 

If 
the  action  was 
Contracting  Party, 
to  the  assisting  Contracting  Party  the costs  of  its action; 

taken  by  one  Contracting  Party  at 
the  Contracting  Party 

requesting 

the  express 
such  assistance 

request  of  another 
reimburse 

shall 

t he 

.If 
Contracting  Party  shall  bear  the  costs of  its action. 

a c t i on  w as 

t a k en 

by  a  C o n t r a c t i ng  Party 

The  Contracting  Party 
it 

(2) 
in 
Contracting  Party. 

case 

shall 

that 

bear 

requesting  assistance  may  cancel 
or 

costs  already 

incurred 

the 

on 

its 

o wn 

i n i t i a t i v e, 

this 

its 
committed 

request  at  any 
the 

by 

time,  but 
assisting 

Unless 

(3) 
otherwise 
each  Contracting  Party 
accordance  with  Article  6A." 

specified 
shall  bear 

in  bilateral 

or  multilateral 

agreements 

or 

the 

costs  of 

its 

surveillance 

activities 

Article  VIII 

arrangements, 
in 

out 

carried 

The  Contracting  Parties  shall  notify 
the  Depositary  Government 
amendments  in accordance  with  Article  16, paragraph  2 of  the  Agreement. 

of 

their  approval  of 

these 

5 

ISSN 0254-1475 

COM (92) 133 final 

DOCUMENTS 

EN 

14 

Catalogue number: CB-CO-92-147-EN-C 

ISBN 92-77-42756-6 

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