Proposal for a Council Decision relating to the conclusion, on behalf of the Community, of the Convention on the International Commission for the Protection of the Oder
Date: 1998-09-16
Institutions: European Commission
Subjects: Poland, environmental protection, international convention, pollution control measures, pollution of waterways

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II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Decision  relating  to  the  conclusion,  on  behalf  of  the  Community,  of  the
Convention  on  the  International  Commission  for  the  Protection  of  the  Oder

(98/C  316/05)

COM(1998)  528  final  -  98/0278(CNS)

(Submitted  by  the  Commission  on  17  September  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  130r(4)  thereof,  in
conjunction  with  the  first  sentence  of  Article  228(2)  and
the  first  subparagraph  of  Article  228(3);

Having  regard  to  the  proposal  from  the  Commission,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

Whereas  the  Commission  has  participated  on  behalf  of
the  Community 
to  prepare  a
Convention  on  the  International  Commission  for  the
Protection  of  the  Oder;

the  negotiations 

in 

Whereas  this  Convention  was  signed  on  behalf  of  the
Community  in  Wroclaw  (Poland),  on  11  April  1996;

Whereas  this  Convention  aims  to  strengthen  multilateral
cooperation  to  prevent  and  control  pollution  of  the
Oder,  protect  the  environment  and  ensure  sustainable
use  of  water  resources;

Whereas  the  overriding  aim  of  Commission  policy  in  the
field  of  the  environment  is  a  high  level  of  protection;
whereas  it  is  based  on  the  principles  of  precautionary
measures  and  preventive  action, 
the  principle  of
rectifying  environmental  damage  preferably  at  source
and  the  principle  of  the  polluter  pays;

Whereas  within  their  respective  spheres  of  competence,
the  Community  and  the  Member  States  cooperate  with
non(cid:220)member  countries  and  with  the  competent  inter(cid:220)
national  organisations;

the  conclusion  of 

Whereas 
the
Community  contributes  to  the  pursuit  of  the  objectives
laid  down  in  Article  130r  of  the  Treaty,

the  Convention  by 

HAS  DECIDED  AS  FOLLOWS:

Article  1

The  Convention  on  the  International  Commission  for
the  Protection  of  the  Oder  is  hereby  approved  on  behalf
of  the  Community.

The  text  of  the  Convention  is  contained  in  the  Annex  to
this  Decision.

Article  2

The  President  of  the  Council  is  authorised  to  designate
the  person  or  persons  empowered 
the
instrument  of  approval  with  the  General  Secretariat  of
the  Council  in  accordance  with  Article  18(2)  of  the
Convention.

to  deposit 

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ANNEX

CONVENTION  ON  THE  INTERNATIONAL  COMMISSION  FOR  THE  PROTECTION  OF  THE
ORDER  AGAINST  POLLUTION

THE  GOVERNMENT  OF  THE  FEDERAL  REPUBLIC  OF  GERMANY,

THE  GOVERNMENT  OF  THE  REPUBLIC  OF  POLAND,

THE  GOVERNMENT  OF  THE  CZECH  REPUBLIC

and

THE  EUROPEAN  COMMUNITY,

hereinafter  referred  to  as  the  Contracting  Parties,

Convinced  of  the  need  to  improve  the  ecological  state  of  the  Oder  and  the  Stettiner  Haff,  including  their
drainage  areas,

Desirous  to  prevent  further  pollution  of  these  waters,

Resolved  to  contribute  to  a  sustained  reduction  of  pollution  of  the  Baltic  Sea,

Convinced  of  the  urgency  of  these  tasks,

Desirous  to  increase  the  cooperation  that  already  exists  between  the  Contracting  Parties  in  this  area,

HAVE  AGREED  THE  FOLLOWING:

Article  1

1.(cid:218)(cid:217)The  Contracting  Parties  shall  cooperate  within  the  International  Commission  for  the  Protection  of
the  Oder  against  Pollution,  hereinafter  referred  to  as  the  Commission,  to  prevent  the  pollution  of  the  Oder
and  the  Stettiner  Haff,  including  their  drainage  areas,  hereinafter  referred  to  as  the  Oder.

2.(cid:218)(cid:217)The  objectives  of  this  cooperation  shall  be  in  particular,

(a)(cid:217)to  prevent  the  pollution  of  the  Oder  and  the  Baltic  Sea  by  contaminants  and  to  achieve  a  sustained

reduction  in  the  pollution  thereof,

(b) to  achieve  the  most  natural  aquatic  and  littoral  ecosystems  possible  with  the  corresponding  species

diversity,

(c) to  permit  utilisation  of  the  Oder,  in  particular  the  production  of  drinking  water  from  bank  filtrate  and

the  use  of  its  water  and  sediments  in  agriculture.

3.(cid:218)(cid:217)To  achieve  these  objectives,  the  Contracting  Parties  shall  draw  up  joint  action  programmes  within  the
Commission  with  timetables  for  their  implementation.  These  action  programmes  may  be  gradually  supple(cid:220)
mented  as  necessary.

4.(cid:218)(cid:217)For  the  attainment  of  these  objectives,  the  Contracting  Parties  shall  promote  the  exchange  of  modern
technologies  to  prevent  and  reduce  pollution  resulting  from  agreements  concluded  under  civil  law.

1.(cid:218)(cid:217)The  Commission  shall  in  particular:

Article  2

(a)(cid:217)prepare  surveys  of  point  sources  of  pollution,  estimate  water  pollution  from  non(cid:220)point  sources  and

extrapolate  both  by  sector  and  the  main  types  of  pollution,

(b) propose  limite  values  for  the  discharge  of  waste  waters,

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(c) propose  water  quality  objectives  which  take  account  of  the  intended  use  of  the  waters  and  the

particular  conditions  for  protection  of  the  Baltic  Sea  and  the  aquatic  and  littoral  ecosystems,

(d) establish  joint  measurement  and  analysis  programmes  to  demonstrate  the  quality  and  quantity  of  the
waters  and  the  quality  of  the  sediments,  to  assess  the  state  of  the  aquatic  and  littoral  ecosystems  and,
where  necessary,  to  evaluate  the  consequences  of  the  water  pollution,  and  to  evaluate  the  results,

(e) develop  standardised  methods  for  the  classification  of  the  waters,

(f) analyse  data  and  information  necessary  for  the  protection  of  the  Oder,  in  particular  with  regard  to

hydrology  and  water  resource  management,

(g) propose  action  programmes  for  the  reduction  of  pollution,  especially  by  contaminants  from  both
municipal  and  industrial  point  sources  and  from  non(cid:220)point  sources  and  other  measures  including  the
proposed  timescale,  cost  estimate  and  possible  funding  arrangements,

(h) propose  safeguards  to  prevent  and  deal  with  unforeseen  pollution  incidents,  and  establish  a  uniform

warning  and  alert  system  in  the  light  of  experience,

(i) document  the  ecological  importance  of  the  various  biotope  elements,  including  the  eco(cid:220)morphology,

and  draft  proposals  for  the  maintenance,  restoration  and  protection  of  aquatic  and  littoral  ecosystems,

(j) discuss  planned  and  existing  types  of  utilisation  of  the  waters  which  may  have  important  transboundary

repercussions,

(k) promote  cooperation  on  scientific  research  projects  and  the  exchange  of  information,  in  particular  on

the  state  of  the  art  and  modern  technologies  to  prevent  and  reduce  water  pollution.

2.(cid:218)(cid:217)The  Commission  shall  cover  matters  relating  to  the  protection  of  the  waters  against  pollution  where
such  pollution  is  caused  by  fisheries,  shipping  or  other  uses  of  the  river.

3.(cid:218)(cid:217)The  Commission  may  be  given  other  tasks  by  joint  agreement  between  the  Contracting  Parties.

This  Convention  shall  apply  in  the  territories  of  the  Republic  of  Poland  and  the  Czech  Republic  and  in  the
territories  in  which  the  Treaty  establishing  the  European  Community  is  applicable.

Article  3

1.(cid:218)(cid:217)The  Commission’s  activities  shall  be  conducted  in  accordance  with  the  laws  of  the  Contracting
Parties.

Article  4

2.(cid:218)(cid:217)The  Commission  shall  make  proposals  and  recommendations  to  the  Contracting  Parties  to  achieve  the
objectives  of  this  Convention.

3.(cid:218)(cid:217)The  Contracting  Parties  shall  inform  the  Commission,  within  specific  periods  of  time,  of  the
conditions  and  resources  needed  to  achieve  the  objectives  and  of  the  measures  taken  and  the  results
thereof.

1.(cid:218)(cid:217)The  Commission  shall  consist  of  delegations  of  the  Contracting  Parties.  Each  Contracting  Party  shall
appoint  a  maximum  of  five  delegates,  including  the  head  of  the  delegation  and  his  deputy  and  up  to  five
alternate  delegates.

Article  5

2.(cid:218)(cid:217)Each  delegation  may  call  in  experts  designated  by  it  for  the  consideration  of  specific  issues.

3.(cid:218)(cid:217)The  Commission  shall  adopt  rules  of  procedure.

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Article  6

1.(cid:218)(cid:217)The  chairmanship  of  the  Commission  shall  be  held  by  the  delegations  of  the  Contracting  Parties  in
turn.  Details  of  the  chairmanship  and  the  related  tasks  shall  be  laid  down  in  the  rules  of  procedure.  The
delegation  holding  the  chairmanship  shall  designate  one  of  its  members  as  chairman.  The  delegation  may
appoint  a  further  delegate  for  the  duration  of  its  chairmanship.

2.(cid:218)(cid:217)The  chairman  shall  not  normally  speak  on  behalf  of  his  delegation  in  the  Commission  meetings.

1.(cid:218)(cid:217)The  Commission  shall  meet  at  least  once  a  year  at  the  chairman’s  invitation  for  an  ordinary  meeting
at  a  place  specified  by  him.

Article  7

2.(cid:218)(cid:217)Extraordinary  meetings  shall  be  convened  by  the  chairman  at  the  request  of  at  least  one  delegation.

3.(cid:218)(cid:217)The  heads  of  the  delegations  may  confer  between  meetings  of  the  Commission.

4.(cid:218)(cid:217)The  chairman  shall  propose  the  agenda.  Each  delegation  shall  be  entitled  to  include  those  items  in  the
agenda  which  it  wishes  to  have  discussed.

1.(cid:218)(cid:217)Each  delegation  shall  have  one  vote.

Article  8

2.(cid:218)(cid:217)Negotiations  and  decisions  within  the  framework  of  this  Convention  and  in  the  course  of  its
implementation  shall  be  carried  out  by  the  European  Community  and  the  Federal  Republic  of  Germany
within  their  respective  fields  of  competence.  The  European  Community  shall  not  exercise  its  right  to  vote
in  cases  in  which  the  Federal  Republic  of  Germany  is  competent  and  vice(cid:216)versa.

3.(cid:218)(cid:217)The  Commission’s  decisions  and  proposals  shall  be  unanimously  adopted.  A  written  procedure  may  be
applied  in  accordance  with  conditions  to  be  specified  in  the  rules  of  procedure.

4.(cid:218)(cid:217)Decisions  nem.  con.  shall  be  deemed  to  be  unanimous,  provided  all  the  delegations  are  present.

1.(cid:218)(cid:217)The  Commission  shall  set  up  working  parties  to  carry  out  certain  tasks.

Article  9

2.(cid:218)(cid:217)The  working  parties  shall  consist  of  the  delegates  or  experts  designated  by  each  delegation.

3.(cid:218)(cid:217)The  Commission  shall  determine  the  tasks  and  the  number  of  members  of  each  working  party  and
shall  appoint  the  chairman.

The  Commission  shall  have  legal  personality.  Its  legal  capacity  shall  be  governed  by  the  law  of  the  State  in
which  its  secretariat  is  located.  The  Commission  shall  be  represented  by  its  chairman.  The  chairman  may
determine  his  representatives  in  accordance  with  the  rules  of  procedure.

Article  10

The  Commission  shall  establish  a  secretariat  for  the  preparation  and  implementation  of  its  work.  The
Commission  shall  lay  down  rules  for  the  work  of  the  secretariat  in  the  rules  of  procedure.  The  secretariat
shall  be  located  in  Breslau.

Article  11

The  Commission  may  call  on  the  services  of  specially  qualified  persons  or  bodies  to  examine  specific  issues
within  the  limits  of  its  budget.

Article  12

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1.(cid:218)(cid:217)The  Commission  shall,  in  accordance  with  the  objectives  of  this  Convention,  decide  on  cooperation
with  other  international  and  national  organisations  concerned  with  protection  of  waters  against  pollution.

Article  13

2.(cid:218)(cid:217)The  Commission  shall  inform  the  public  of  the  results  of  its  work  and  its  programmes  and  measures.

The  Commission  shall  provide  the  contracting  parties  with  an  activity  report  at  least  every  two  years  and,  if
necessary,  with  further  reports,  in  particular  on  measures  taken  and  the  results  of  analyses  and  their
evaluation.

Article  14

1.(cid:218)(cid:217)Each  Contracting  Party  shall  bear  the  cost  of  its  representation  in  the  Commission  and  in  the  working
parties.

Article  15

2.(cid:218)(cid:217)Other  costs  incurred  by  the  Commission  and  the  costs  of  the  secretariat  shall  be  covered  by  the
Commission’s  budget.  The  contributions  to  the  Commission’s  budget  shall  be  divided  among  the
Contracting  Parties  as  follows:

Federal  Republic  of  Germany:
Republic  of  Poland:
Czech  Republic:
European  Community:
Total:

38,75(cid:216)%
38,75(cid:216)%
20,00(cid:216)%
2,50(cid:216)%
100,00(cid:216)%

3.(cid:218)(cid:217)The  Commission  shall  decide  on  its  budget  and  confirm  its  performance.  Further  details  shall  be  laid
down  in  the  rules  of  procedure.

4.(cid:218)(cid:217)The  Commission’s  budget  shall  be  made  up,  apart  from  the  contributions  from  the  Contracting
Parties,  of  donations,  grants,  interest  receipts  and  recources  from  other  sources.

1.(cid:218)(cid:217)Rights  and  obligations  of  the  Contracting  Parties  resulting  from  bi(cid:220)  and  multilateral  agreements  shall
not  be  affected  by  this  Convention.

Article  16

2.(cid:218)(cid:217)The  Commission  shall  examine,  in  agreement  with  the  Contracting  Parties,  the  extent  to  which  it  is
possible  and  expedient  to  harmonise  the  rights  and  obligations  from  existing  agreements  in  order,  among
other  things,  to  avoid  duplication  of  effort  and  shall  present  corresponding  proposals  if  appropriate.

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

Article  17

1.(cid:218)(cid:217)This  Convention  must  be  ratified  or  confirmed  in  accordance  with  the  respective  laws  of  the
Contracting  Parties.

Article  18

2.(cid:218)(cid:217)The  ratification  or  confirmation  deeds  shall  be  deposited  with  the  General  Secretariat  of  the  Council
of  the  European  Union  as  depositary.  The  depositary  shall  inform  the  other  Contracting  Parties  of  every
ratification  or  confirmation  deed  deposited.

3.(cid:218)(cid:217)This  Convention  shall  enter  into  force  30  days  after  the  day  on  which  the  last  ratification  or  confir(cid:220)
mation  deed  has  been  deposited  with  the  depositary.  The  depositry  shall  inform  the  other  Contracting
Parties  of  the  date  of  entry  into  force.

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1.(cid:218)(cid:217)The  Convention  shall  be  concluded  for  an  indefinite  period.

Article  19

2.(cid:218)(cid:217)Five  years  after  its  entry  into  force,  this  Convention  may  be  denounced  at  any  time  by  any  of  the
Contracting  Parties  through  notification  to  the  depositary.  The  Convention  shall  thereby  cease  to  have
effect  for  the  denouncing  party  one  year  after  the  deposit  of  the  note  in  question  with  the  depositary.

This  Convention  which  is  drawn  up  in  original  copies  in  German,  Polish  and  Czech,  each  text  being
equally  binding,  shall  be  deposited  in  the  archives  of  the  General  Secretariat  of  the  Council  of  the
European  Union.  The  latter  shall  send  a  certified  copy  to  each  of  the  Contracting  Parties.

Article  20

Done  at  Breslau  on  11  April  1996.

For  the  Government  of  the  Federal  Republic  of  Germany

For  the  Government  of  the  Republic  of  Poland

For  the  Government  of  the  Czech  Republic

For  the  European  Community