Proposal for a Council Decision setting up a Community framework for cooperation in the field of accidental marine pollution
Date: 1998-12-16
Institutions: European Commission
Subjects: EU action, environmental cooperation, environmental protection, health policy, marine pollution

C  25/20

EN

Official  Journal  of  the  European  Communities

30.1.1999

II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Decision  setting  up  a  Community  framework  for  cooperation  in  the  field
of  accidental  marine  pollution

(1999/C  25/06)

(Text  with  EEA  relevance)

COM(1998)  769  final  -  98/0350(SYN)

(Submitted  by  the  Commission  on  16  December  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  130s(1)  thereof,

Whereas  the  Community  Task  Force  and  other  actions
within  the  Community  Action  Programme  have  provided
practical  assistance 
to  operational  authorities  during
marine  pollution  emergencies  and  promoted  cooperation
and  preparedness  for  efficient  response  to  accidents;

Having  regard  to  the  proposal  from  the  Commission,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Having  regard  to  the  opinion  of  the  Committee  of  the
Regions,

Whereas  the  actions  taken  by  the  Community  in  this
field  since  1978  have  made  it  possible  progressively  to
develop  cooperation  between  the  Member  States  within  a
Community  Action  Programme;  whereas  the  resolution
and  decisions  adopted  since  1978(cid:216)(˛)  constitute  the  basis
for  this  cooperation;

Whereas  the  Community  Information  System  has  served
the  purpose  of  making  available  to  the  competent  auth(cid:220)
orities  in  the  Member  States  the  data  required  for  the
control  and  reduction  of  pollution  caused  by  the  spillage
of  hydrocarbons  and  other  harmful  substances  at  sea  in
large  quantities;  whereas  the  Information  System  will  be
simplified  by  the  use  of  a  modern  automatic  data
processing  system;  whereas  the  need  for  rapid  and
efficient  exchange  of  information  requires  an  appropriate
linguistic  regime;

Whereas  the  Community  programme  of  policy  and
action  in  relation  to  the  environment  and  sustainable
development(cid:216)(ˇ)  presented  by  the  Commission  foresees
that  the  Community’s  activities  will  be  stepped  up  in
particular 
in  the  field  of  environmental  emergencies
which  includes  accidental  marine  pollution;

Whereas  the  Community  cooperation  in  the  field  of  acci(cid:220)
dental  marine  pollution,  by  taking  action  against  the
risks,  helps  to  achieve  the  objectives  of  the  Treaty  by
promoting 
solidarity  between  Member  States  and
contributing,  pursuant  to  Article  130r  of  the  Treaty,  to
preserving  and  protecting  the  environment, 
including
human  health;

Whereas  the  establishment  of  a  Community  framework
for  cooperation  providing  support  measures  will  help  to
develop  cooperation  in  the  field  of  accidental  marine
pollution 
such  a
framework  for  cooperation  should  be  based  to  a  large
extent  on  experience  already  gained  since  1978  in  this
field;

efficiently;  whereas 

even  more 

Whereas  a  Community  framework  for  cooperation  will
also  increase  transparency  as  well  as  consolidate  and
strengthen  the  different  actions  in  continued  pursuit  of
the  objectives  of  the  Treaty;

(˛)(cid:217)OJ  C  162,  8.7.1978,  p.  1;  OJ  L  355,  10.12.1981,  p.  52;  OJ

L  77,  22.3.1986,  p.  33;  OJ  L  158,  25.6.1988,  p.  32.

(ˇ)(cid:217)OJ  C  138,  17.5.1993,  p.  5.

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C  25/21

Whereas  action  to  provide 
information  and  prepare
those  responsible  for  and  involved  in  dealing  with  acci(cid:220)
dental  marine  pollution 
is
in 
important  and  increases  the  degree  of  preparedness  for
accidents  and  also  contributes  to  preventing  the  risks;

the  Member  States 

Whereas  it  is  also  important  to  undertake  Community
action  to  improve  techniques  and  methods  of  response
and  rehabilitation  after  emergencies;

the  provision  of  operational 

Whereas 
in
emergency  situations  to  Member  States  and  facilitating
the  dissemination  of  experience  from  such  situations
among  Member  States  has  proved  to  be  of  significant
value;

support 

Whereas  an  advisory  committee  on  accidental  marine
pollution  will  assist  the  Commission  in  managing  the
framework  for  cooperation;  whereas  the  Commission
may  also  refer  other  matters  relating  to  accidental
marine  pollution  to  this  committee;

Whereas  the  provisions  of  this  Decision  take  over,  in
particular,  the  action  programme  set  up  through  Council
the  Community
Resolution  of  26  June  1978  and 
through  Council
Information 
System 
Decision  of  6  March  1986;  whereas 
that  Council
Decision  should  therefore  be  repealed  from  the  date  on
which  this  Decision  enters  into  force;

established 

HAS  ADOPTED  THIS  DECISION:

Article  1

1.(cid:218)(cid:217)A  Community  framework  for  cooperation  in  the
field  of  accidental  marine  pollution  (hereinafter  called
"the  framework  for  cooperation’)  is  hereby  established
for  the  period  1  January  2000  to  31  December  2004.

2.(cid:218)(cid:217)The  framework  for  cooperation 
intended  to
support  and  supplement  Member  States’  efforts  at
national,  regional  and  local  levels  for  the  protection  of
the  marine  environment,  human  health  and  coastlines
against  the  risks  for  accidental  pollution  at  sea  and  oper(cid:220)
ational  spills.

is 

incidents 

in  case  of 

3.(cid:218)(cid:217)The  aim  of  the  framework  for  cooperation  is  to
contribute  to  improve  capabilities  of  the  Member  States
for  response 
involving  spills  or
imminent  threats  of  spills  of  oil  or  other  harmful
substances  at  sea  and  also  to  contribute  to  the  prevention
of  the  risks.  The  framework  for  cooperation  is  further
intended  to  create  the  conditions  for  and  facilitate
efficient  mutual  assistance  and  cooperation  between
Member  States  in  this  field.

for 

this 

framework 

4.(cid:218)(cid:217)Within 
a
Community  Information  System  with  the  purpose  of
exchanging  data  for  the  preparedness  for  and  response
to  accidental  marine  pollution, 
including  operational
spills,  is  established.  The  system  will  consist  of  at  least
the  components  set  out  in  Annex  I.

cooperation, 

Article  2

1.(cid:218)(cid:217)The  Commission  shall  implement  the  actions  under
the  framework  for  cooperation.

2.(cid:218)(cid:217)A  three(cid:220)year  rolling  plan  to  implement  the  actions
under  the  framework  for  cooperation,  to  be  reviewed
annually,  shall  be  adopted, 
in  accordance  with  the
procedure  laid  down  in  Article  4  and  on  the  basis  inter
alia  of  the  information  supplied  by  Member  States  to  the
Commission.  The  Commission  may,  where  necessary,
arrange  additional  actions  to  those  under  the  framework
for  cooperation.  Such  additional  actions  shall  be  assessed
light  of  the  priorities  set  and  the  financial
in  the 
resources  available.

3.(cid:218)(cid:217)Actions  under  the  framework  for  cooperation  and
financial  arrangements  for  Community  contribution  are
set  out  in  Annex  II.

Article  3

1.(cid:218)(cid:217)The  rolling  plan  to  implement  the  actions  under  the
framework  for  cooperation  shall  contain  the  individual
actions  to  be  undertaken.

2.(cid:218)(cid:217)Individual  actions  shall  be  selected  primarily  on  the
basis  of  the  following  criteria:

a)(cid:217)contribution  to  providing  information  and  preparing
those  responsible  for  and  involved  in  dealing  with
accidental  marine  pollution  and  operational  spills,  in
the  Member  States,  in  order  to  increase  the  degree  of
preparedness  and  contribute  to  preventing  the  risks;

b) contribution  to  improving  techniques  and  methods  of

response  and  rehabilitation  after  emergencies;

c) contribution  to  providing  operational  support,  by
mobilising 
the
Community  Task  Force,  in  emergency  situations  to
Member  States  and  to  disseminating  experience  from
such  situations  among  Member  States;

experts  mainly 

belonging 

to 

individual  action  shall  be 

3.(cid:218)(cid:217)Each 
in
close  cooperation  with  the  competent  authorities  on
national,  regional  and  local  levels  in  the  Member  States.

implemented 

C  25/22

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Official  Journal  of  the  European  Communities

30.1.1999

Article  4

Article  5

the 

implementation  of 

For 
the
framework  for  cooperation,  the  Commission  shall  be
assisted  by  an  advisory  committee  composed  of  represen(cid:220)
tatives  of 
the
representative  of  the  Commission.

the  Member  States  and  chaired  by 

the  actions  under 

The  representative  of  the  Commission  shall  submit  to  the
committee  a  draft  of  the  individual  actions  to  be  taken.
The  committee  shall  deliver  its  opinion  on  the  draft,
within  a  time  limit,  which  the  chairman  may  lay  down
according  to  the  urgency  of  the  matter,  if  necessary  by
taking  a  vote.

The  opinion  shall  be  recorded 
in
addition,  each  Member  State  shall  have  the  right  to  ask
to  have  its  position  recorded  in  the  minutes.

the  minutes; 

in 

The  Commission  shall  take  the  utmost  account  of  the
opinion  delivered  by  the  committee  and  shall  inform  the
committee  of  the  manner  in  which  its  opinion  has  been
taken  into  account.

The  Commission  shall  evaluate  the  implementation  of
the  framework  for  cooperation  at  mid  term  and  before
its  end,  and  report  by  30  September  2002  and  31  March
2004  to  the  Council  and  the  European  Parliament.

Article  6

The  Council  Decision  of  6  March  1986  establishing  a
Community  Information  System  for  the  control  and
reduction  of  pollution  caused  by  the  spillages  of  hydro(cid:220)
carbons  and  other  harmful  substances  at  sea,  as  last
amended,  shall  be  repealed  on  the  entry  into  force  of  this
Decision.

Article  7

This  Decision  shall  apply  with  effect  from  1  January
2000.

The  Commission  may  also  refer  other  matters  relating  to
accidental  marine  pollution  to  the  advisory  committee.

Article  8

This  Decision  is  addressed  to  the  Member  States.

ANNEX  I

COMPONENTS  OF  THE  COMMUNITY  INFORMATION  SYSTEM

The  Community  Information  System  will  use  a  modern  automatic  data  processing  system.  On  the  Internet
site,  there  will  be  general  background  information  at  Community  level  on  a  Community  Home  Page  and,
on  National  Home  Pages,  information  related  to  the  national  intervention  resources  available.

Separately,  a  printed  part  of  the  system  will  be  maintained  in  the  form  of  a  Community  operational
loose(cid:220)leaf  booklet  with  information  on  emergency  management  in  each  Member  State.

1.(cid:217)Each  Member  State,  within  six  months  from  the  date  the  Decision  enters  into  force,  shall:

(a)(cid:217)appoint  the  authority  or  authorities  responsible  of  the  management  of  the  national  part  of  the

system,  and  inform  the  Commission  thereof,

(b) open  a  web  site  to  be  connected  with  the  whole  system  through  the  Community  general  access  page

of  the  system.

2.(cid:217)The  Commission  will  open  a  web  site  for  the  purpose  of  a  general  access  page  of  the  system  and  a

Community  page.

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3.(cid:217)Each  Member  State  shall  fill,  in  its  National  Home  Page  and  within  six  months  from  the  date  the

Decision  enters  into  force,  at  least,  the  following  information:

(a)(cid:217)a  concise  view  of  national  structures  and  of  the  links  between  national  authorities  in  the  field  of

accidental  marine  pollution,

(b) the  inventory  of  main  means  for  emergency  response  and  clean(cid:220)up  from  public  and  private  sectors.

This  inventory  will  contain  data  on:

-(cid:217)number  and  qualification  of  the  specialist  staff,

-(cid:217)mechanical  resources  for  recovering  hydrocarbons  discharged  at  sea  and  preventing  or
combating  coastal  pollution,  as  well  as  on  the  specialist  staff  that  will  utilise  these  resources,

-(cid:217)chemical  and  biological  resources  for  combating  pollution  at  sea  and  cleaning  up  coasts,  as  well

as  on  the  specialist  staff  that  will  utilise  these  resources,

-(cid:217)strike  teams,

-(cid:217)ships  and  aircraft  equipped  for  combating  pollution,

-(cid:217)mobile  resources  for 

temporary  storage  of  recovered  hydrocarbons  and  other  harmful

substances,

-(cid:217)systems  for  lightening  oil(cid:220)tankers,

(c) the  location  of  stockpiles  or  equipment,

(d) the  conditions  for  offering  assistance  to  other  Member  States.

4.(cid:217)Each  Member  State  shall  up(cid:220)date  its  National  Home  Page,  specified  in  paragraph  3,  as  soon  as  changes

have  occurred  or  at  least  each  year  in  January.

5.(cid:217)Each  Member  State  shall  provide  the  Commission  with  its  information  on  operational  emergency
management  to  be  included  in  the  Community  operational  loose(cid:220)leaf  booklet,  including  operational
procedures  for  mobilization  and  operational  contact  points  with  their  references,  within  6  months  from
the  date  the  Decision  enters  into  force.

6.(cid:217)Each  Member  State  shall  notify  to  the  Commission  at  the  earliest  opportunity  any  change  related  to  the

information  contained  in  the  loose(cid:220)leaf  booklet.

7.(cid:217)The  Commission  shall  make  available  to  each  Member  States  a  copy  of  the  loose(cid:220)leaf  booklet  and  shall

provide  any  updating  to  the  Member  States.

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30.1.1999

ANNEX  II

FINANCIAL  ARRANGEMENTS  FOR  THE  COMMUNITY  CONTRIBUTION

Action

Financing  arrangements

Maximum  Community  financial  contribution:  75(cid:216)%
of  the  total  cost  of  the  action  with  a  ceiling  of  ECU
75(cid:216)000  per  action.

Maximum  Community  financial  contribution:  75(cid:216)%
of  the  experts’  travel  and  subsistence  expenses  and
100(cid:216)%  of  the  costs  of  co(cid:220)ordinating  the  system.

A.(cid:217)Actions  in  training  and  information

1.(cid:217)Courses  and  workshops (˛)

Organisation  of  courses  and  workshops  for
the  national,  regional  and  local  officials  in
Member  States  and  others  involved  to  ensure
that  the  competent  services  respond  rapidly
and  efficiently.

2.(cid:217)Exchange  of  experts

Organisation  of  the  secondment  of  experts  to
another  Member  State  in  order  to  allow  the
to  gain  experience  or  appraise
experts 
different  techniques  used  or  to  study  the
approaches  taken  within  other  emergency
services  or  other  relevant  bodies.

exchanges  of  Member
Organisation  of 
States’  experts,  specialists  and 
technicians
enabling  them  to  present  or  follow  short
training  courses  or  modules 
in  another
Member  State.

3. Exercises (˛)

intended 

The  exercises  are 
to  compare
methods,  to  stimulate  cooperation  between
Member  States  and  to  back  up  progress  in
and  to  co(cid:220)ordinate  the  national  emergency
services.

Maximum  Community  financial  contribution:  50(cid:216)%
of  the  costs  of  participation  of  observers  from  other
Member  States  and 
for  organising  associated
workshops,  preparing  the  exercise,  producing  a
final  report,  etc.

4. Community  Information  System

Development  and  maintenance  of  a  modern
computerised  information  system  to  help  the
national  authorities  dealing  with  accidental
the
marine 
information 
emergency
management.

providing 

pollution 

needed 

for 

by 

B. Actions  for  improving  techniques  and  methods
of  response  and  rehabilitation  (pilot  projects) (˛)

to 

increase 

the  Member
Projects  designed 
States’  capacity  for  response  and  rehabilitation.
These  projects  are  aimed  mainly  at  improving
means,  techniques  and  procedures.  Their  scope
shall  interest  all  or  several  Member  States,  and
could  include  projects  for  the  implementation  of
new  technologies  related  to  accidental  marine
pollution.  Projects 
two  or  more
Member  States  will  be  encouraged.

involving 

100(cid:216)%  financing  of  the  Commission  part  of  the
system.

Maximum  Community  financial  contribution:  50(cid:216)%
of  the  total  cost  of  each  project  with  a  ceiling  of
150(cid:216)000  ECU.

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Action

Financing  arrangements

C. Support  and  Information  actions

1. Environmental  impact

Actions  to  support  surveys  of  the  environ(cid:220)
mental  effects  after  an  incident  and  to  largely
disseminate  their  results  and  the  experience
acquired  to  the  other  Member  States.

Maximum  Community  financial  contribution:  50(cid:216)%
of  the  total  cost  of  each  action.

2. Conferences  and  events (˛)

Conferences  and  other  marine  pollution
events  open  to  a  large  audience,  in  particular
when  they  involve  several  Member  States.

Maximum  Community  financial  contribution:  30(cid:216)%
of  the  total  cost  of  the  action  with  a  ceiling  of  ECU
50(cid:216)000.

3. Other  support  actions (˛)

important  aspects  of 

Actions  for  defining  the  state  of  the  art,  for
the  development  of  principles  and  guidance
for 
the  accidental
marine  pollution  and  operational  spills  and
for  the  evaluations  of  the  framework  for
cooperation.

100(cid:216)%  financing.

4. Information

Publications,  exhibition  material  and  other
information  to  the  public  on  the  Community
cooperation  in  the  field  of  accidental  marine
pollution.

100(cid:216)%  financing.

D. Mobilization  of  expertise

Action  for  mobilization  of  experts  belonging  to
the  Community  Task  Force  to  intervene  in  the
event  of  an  emergency  situation  to  reinforce  the
system  set  up  by  the  authorities  of  a  Member
State  or  a  third  country  facing  the  emergency
and  for  provision  of  an  expert  on  scene  to  co(cid:220)
ordinate  observers  from  other  Member  States.

Community  financial  contribution:  100(cid:216)%  of  the
costs  for  the  experts’  missions.

(˛)(cid:217)The  only  eligible  actions  are  those  interesting  all  Member  States  or  a  significant  number  of  them.