Proposal for a Council Decision concerning the approval, on behalf of the Community, of the amendments to the Annexes to the Convention on the protection of the Marine Environment of the Baltic Sea Area (Helsinki Convention)
Date: 1999-03-17
Institutions: European Commission
Subjects: Baltic Sea, environmental protection, marine environment, marine pollution, pollution from agricultural sources

22.6.1999

EN

Official Journal of the European Communities

C 176/15

II

(Preparatory Acts)

COMMISSION

Proposal for a Council Decision concerning the approval, on behalf of the Commission, of the
amendments to the Annexes to the Convention on the protection of the marine environment of
the Baltic Sea area (Helsinki Convention)

(1999/C 176/16)

(Text with EEA relevance)

COM(1999) 128 final (cid:151) 1999/0077(CNS)

(Submitted by the Commission on 18 March 1999)

(4) Whereas, according to Article 24(2) of the 1974 Helsinki
Convention and Article 32(3) of
the 1992 Helsinki
Convention, any amendment shall be deemed to have
been accepted at the end of a period determined by the
Helsinki Commission unless within that period any one of
the contracting parties has, by written notification to the
depositary, objected to the amendment.

(5) Whereas amendments to Annexes III and IV to the 1974
and the 1992 Helsinki Conventions shall be deemed to
have been accepted by 1 January 1999 unless within that
period any one of the contracting parties has objected to
the amendments.

HAS DECIDED AS FOLLOWS:

Article 1

The amendments to Annexes III and IV to the 1974 Helsinki
Convention and to the 1992 Helsinki Convention that have
been recommended for acceptance by the Helsinki Commission
the
on 26 March 1998, are hereby accepted on behalf of
European Community.

The text of the amendment is attached to this Decision.

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal of the Commission,

Having regard to the opinion of the European Parliament,

(1) Whereas, by Council Decision 94/156/EC (1), the European
Community has
the Convention on the
protection of the marine environment of the Baltic Sea
area 1974 (Helsinki Convention) and became party to the
Convention on . . .

approved

(2) Whereas, by Council Decision 94/157/EC (2), the European
the Convention on the
Community has
protection of the marine environment of the Baltic Sea
area
and
(Helsinki Convention as
became party to the Convention on . . .

revised in 1992)

approved

(3) Whereas on 26 March 1998, the Helsinki Commission has
adopted amendments to Annexes III and IV to the 1974
and the 1992 Helsinki Convention, has communicated the
amendments to contracting parties and has recommended
the contracting parties to accept such amendments.

(1) OJ L 73, 16.3.1994, p. 1.
(2) OJ L 73, 16.3.1994, p. 19.

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Official Journal of the European Communities

22.6.1999

Adopted on 26 March 1998, having regard to Article 13(b) of the Helsinki Convention

HELCOM RECOMMENDATION 19/6

AMENDAMENTS TO ANNEX III TO THE HELSINKI CONVENTION
CONCERNING REGULATIONS ON PREVENTION OF POLLUTION
FROM AGRICULTURE

THE COMMISSION,

RESOLVES:

(a) to adopt amendments

the Helsinki
Convention appearing in the attachment to this recommen-
dation,

to Annex III of

RECALLING Article 2(1), (2), (6) and (7), Article 3(1), Article 5
(7) and (8) of the 1974 Helsinki
and Article 6(1),
Convention,

(2),

(6),

(b) to ask the Depositary Government

amendments
Commission’s recommendation for acceptance,

contracting

the

to

to communicate
the

parties with

RECALLING ALSO Article 2(1), (2), (7) and (8), Article 3(1), (2),
(2) and (4) and
(5) and (6), Article 5 and Article 6(1),
(3),
Article 15 of the 1992 Helsinki Convention,

(c) to determine that amendments shall be deemed to have
been accepted unless prior to 1 January 1999 any of the
contracting parties has objected to the amendments, and

RECALLING FURTHER the Presidency Declaration of the Baltic
Sea Summit, 1996, and the action programme for the Baltic
Sea States cooperation calling for urgent elaboration and
adoption of the agricultural Annex to the Helsinki Convention,

CONSCIOUS that agricultural activities within the Baltic Sea
for pollution of water
catchment are responsible,
inter alia,
and air by nitrogen, phosphorus
and plant protection
products, causing negative effects on the Baltic Sea ecosystem
including eutrophication, oxygen depletion and reduced
biological diversity,

TAKING INTO CONSIDERATION the amendment procedure for
the Annexes of
the Helsinki Convention as contained in
Article 24 of the 1974 Helsinki Convention and Article 32 of
the 1992 Helsinki Convention,

NOTING Article 19(2) of
the 1992 Helsinki Convention
according to which the Baltic Marine Environment Commission
established pursuant to the 1974 Helsinki Convention is the
Commission under the 1992 Helsinki Convention,

(d) to determine that the accepted amendments shall enter into

force on 1 January 2000,

RESOLVES also to amend accordingly Annex III
to the
Convention on the protection of the marine environnment of
the Baltic Sea area, 1992 at the date of entry into force of the
accepted amendments,
if this Convention entered into force
prior to these amendments,

URGES that:

(a) the Governments of Denmark, Finland, Germany and
Sweden shall develop programmes for the implementation
of measures referred to in part II of Annex III by 1 January
2000 and implement them by 1 January 2002,

(b) the Governments of Estonia, Latvia, Lithuania, Poland and
Russia shall develop programmes for the implementation of
measures referred to in part II of Annex III and implement
them as soon as possible but not later than 1 January 2002
and 1 Januay 2001, respectively,

TAKING ALSO INTO CONSIDERATION Article 36(1) of the 1992
Helsinki Convention,

REQUESTS the Governments of the contracting parties to report
on the progress of
implementation in accordance with the
agreed deadlines.

22.6.1999

EN

Official Journal of the European Communities

C 176/17

ATTACHMENT TO HELCOM RECOMMENDATION 19/6 CONCERNING AMENDMENTS TO ANNEX III

After the general title of Annex III the words (cid:145)Part I: Prevention of pollution from industry and municipalities(cid:146) are
inserted.

After Part I new regulations are inserted as follows:

PART II: PREVENTION OF POLLUTION FROM AGRICULTURE

Regulation 1: General provisions

In accordance with the relevant parts of this Convention the contracting parties shall apply the measures described
below and take into account best environment practice (BEP) and best available technology (BAT) to reduce the pollution
from agricultural activities. The contracting parties shall elaborate guidelines containing elements specified below and
report to the Commission.

Regulation 2: Plant nutrients

The contracting parties shall integrate the following basic principles into national legislation or guidelines and adapt to
the prevailing conditions within the country to reduce the adverse environmental effects of agriculture. Specified
requirement levels shall be considered to be a minimum base for national legislation.

1. Animal density

To ensure that manure is not produced in excess in comparison to the amount of arable land, there must be a
balance between the amount of animals on the farm and the amount of
land available for spreading manure,
expressed as animal density. The maximum amount of animals should be precised with consideration taken to
the amount of phosphorus and nitrogen in manure and the crop requirements of plant nutrients.

2. Manure storage

Manure storage must be of such a quality that prevents losses. The storage capacity shall be sufficiently large, to
ensure that manure only will be spread when the plants can utilise nutrients. The minimum level to be required
should be 5 months storage capacity. Urine and slurry stores should be covered or handled by a method that
efficiently reduces ammonia emissions.

3. Agricultural waste water and silage effluents

Waste water from animal housings should either be stored in urine or slurry stores or else be treated in some suitable
manner to prevent pollution. Effluents from the preparation and storage of silage should be collected and directed to
storages for urine or liquid manure.

4. Application of organic manures

Organic manures (slurry, solid manure, urine, sewage sludge, composts, etc) shall be spread in a way that minimises
the risk for loss of plant nutrients and should not be spread on soils that are frozen, water saturated or are covered
with snow. Organic manures should be incorporated as soon as possible after application on bare soils. Periods shall
be defined when no application is accepted.

5. Application rates for nutrients

Application rates for nutrients should not exceed the crop nutrient requirements. National guidelines should be
developed with fertilizing recommendations and they should take reference to:

(a) soil conditions, soil nutrient content, soil type and slope; (b) climatic conditions and irrigation; (c) land use and
agricultural practices, including crop rotation systems; (d) all external potential nutrient sources.

6. Winter crop cover

In relevant regions the cultivated area should be sufficiently covered by crops in winter and autumn to effectively
reduce the loss of plant nutrients

7. Water protection measures and nutrient reduction areas

(a) Surface water: buffer zones, riparian zones or sedimentation ponds should be established, if necessary.

(b) Ground water: ground water protection zones should be established if necessary. Appropriate measures such as
reduced fertilisation rates, zones where manure spreading is prohibited and permanent grass land areas should be
established.

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Official Journal of the European Communities

22.6.1999

(c) Nutrient reduction areas: wetland areas should be retained and where possible restored, to be able to reduce plant

nutrient losses and to retain biological diversity.

Regulation 3: Plant protection products

Plant protection products shall only be handled and used according to a national risk reduction strategy which shall be
based on best environmental practice (BEP). The strategy should be based on an inventory of the existing problems and
designated suitable goals. It shall include measures such as:

1. Registration and approval

Plant protection products shall not be sold, imported or applied until registration and approval for such purposes has
been granted by the national authorities.

2. Storage and handling

Storage and handling of plant protection products shall be carried out so that the risks of spillage or leakage are
prevented. Some crucial areas are transportation and firling and clearing of equipment. Other dispersal of plant
protection products outside the treated agricultural land area shall be prevented. Waste of plant protection products
shall be disposed of according to national legislation.

3. Licence

A licence shall be required for commercial use of plant protection products. To obtain a licence suitable education
and training on how to handle plant protection products with a minimum of impact on health and the environment
shall be required. The users’ knowledge regarding the handling and usage of plant protection products shall be
updated regularly.

4. Application technology

Application technology and practice should be designed to prevent unintentional drift or run-off of plant protection
products. Establishment of protection zones along surface waters should be encouraged. Application by aircraft shall
be forbidden; exceptionel cases require authorisation.

5. Testing of spraying equipment

Testing of spraying equipment at regular intervals shall be promoted to ensure a reliable result when spraying with
plant protection products.

6. Alternative methods of control

Development of alternative methods for plant protection control should be encouraged.

Regulation 4: Environmental permits

Farms with livestock production above certain size should require approval with regard to environmental aspects and
impacts of the farms.

Regulation 5: Environmental monitoring

The contracting parties shall develop projects to assess the effects of measures and the impacts of the agricultural sector
on the environment.

Regulation 6: Education, information and extension service

The contracting parties shall promote systems for education, information and extension (advisory service) on environ-
mental issues in the agricultural sector.

22.6.1999

EN

Official Journal of the European Communities

C 176/19

HELCOM RECOMMENDATION 19/7

Adopted 26 March 1998 pursuant to Article 13(c) of the Helsinki Convention

AMENDMENTS TO ANNEX IV OF THE HELSINKI CONVENTION

THE COMMISSION,

Commission,
Convention,
Convention,

established pursuant

is

the Commission under

to the 1974 Helsinki
the 1992 Helsinki

RECALLING the goals of the Baltic strategy for port reception
facilities for ship-generated wastes and associated issues,

TAKING INTO CONSIDERATION the amendment procedure for
the Annexes of
the Helsinki Convention as contained in
Article 24 of the Convention,

RECALLING ALSO HELCOM Recommendation 17/11 concerning
the development and
reception facilities which calls
application of harmonised, mandatory rules
fishing
vessels, working vessels and pleasure craft which are not
covered by the existing regulations
to toilet
retention systems and holding tanks for sewage,

in respect

for

for

RECALLING FURTHER that HELCOM Recommendation 17/11
concerning reception facilities stipulates the need for the devel-
opment of mandatory regulations for ships to deliver all
garbage to a port
reception facility before leaving port,
taking into account special arrangements for e.g. passenger
ferries and ships engaged in short voyages,

BEING AWARE, that the implementation of the strategy is one of
the prerequisites for substantial decrease in the number of
operational and illegal discharges and thus for the protection
of
the Baltic Sea area from
pollution by ships,

the marine environment of

NOTING, that Annex IV of the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating thereto (MARPOL 73/78) only covers
those small vessels which are certified to carry more than 10
persons on board,

Regulations 5 and 7 of Annex V of
BEARING IN MIND
MARPOL 73/78 and Regulation 7 of Annex IV to the 1974
Helsinki Convention and Regulation 5 of Annex IV to the 1992
Helsinki Convention,
contracting parties
in which the
undertake to ensure the provision of facilities at their ports
and terminals of
the Baltic Sea area for the reception of
garbage and sewage, without causing undue delay to ships,
adequate to meet the needs of ships using them,

NOTING ALSO Article 19(2) of the 1992 Helsinki Convention
according to which the Baltic Marine Environment Protection

RESOLVES:

(a) to adopt new Regulations 7a and 8a to Annex IV to the
Convention on the protection of the marine environment
of the Baltic Sea area, 1974, appearing in the Attachment to
this Recommendation,

(b) to ask the Depositary Government

amendments
Commission’s Recommendation for acceptance;

contracting

the

to

to communicate
the

parties with

(c) to determine that amendments shall be deemed to have
been accepted unless prior to 1 January 1999 any of the
contracting parties has objected to the amendments; and

(d) to determine that accepted amendments shall enter into

force on 1 January 2000,

RESOLVES ALSO to amend accordingly Annex IV of
the
Convention on the protection of the marine environment of
the Baltic Sea area, 1992, at the date of entry into force of the
accepted amendments,
if this Convention entered into force
prior to these amendments,

REQUESTS the Governments of those contracting parties being
Member States of
the European Union to strive for corre-
sponding regulations as part of a European Council Directive
on port reception facilities for waste and residues from ships,

REQUESTS FURTHER the Governments of the contracting parties
to report on the implementation of this recommendation in
accordance with the reporting format on the implementation
the Baltic strategy for port reception facilities for ship-
of
generated wastes and associated issues.

C 176/20

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Official Journal of the European Communities

22.6.1999

ANNEX

A new Regulation 7a in Annex IV of the Helsinki Convention is inserted:

Regulation 7a: Discharge of sewage by other ships

A. Compliance

All other ships including pleasure craft not referred to in paragraph B of Regulation 7 fitted with toilets shall comply
with the provisions of paragraphs A, C and D of Regulation 7 as follows:

(a) on 1 January 2005 for ships built before 1 January 2000, and (b) upon the entry into force of this Regulation for
ships built on or after 1 January 2000.

B. Toilet retention systems

Ships referred to in paragraph A shall be fitted with toilet retention systems for sewage in accordance with guidelines
approved by the Helsinki Commission.

C. Reception facilities

1. Paragraph E 1 of Regulation 7 shall apply, as appropriate, to ships referred to in paragraph A.

2. To enable pipes of reception facilities to be connected with the discharge pipeline of ships referred to in
paragraph A, both lines shall be fitted with a standard discharge connection in accordance with guidelines
approved by the Helsinki Commission.

A new Regulation 8a in Annex IV of the Helsinki Convention is inserted:

Regulation 8a: Mandatory discharge of all wastes to a port reception facility

A. Definitions

For the purpose of this Regulation:

1.

(cid:145)Ship-generated wastes(cid:146) means all residues generated during the service of the ship, including oily residues from
engine room spaces, sewage, and garbage as defined in Annex V to Marpol 73/78, cargo associated waste
including but not
limited to loading/unloading excess and spillage, dunnage, shoring, pellets, rining and
packing material, plywood, paper, cardboard, wire and steel strapping;

2.

(cid:145)Cargo residues(cid:146) means the remnants of any cargo material on board in cargo holds which remsen for disposal
after unloading procedures are completed.

B. Discharge of wastes to a port reception facility

Before leaving port ships shall discharge all ship-generated wastes, which are not allowed to be discharged into the
sea in the Baltic Sea area in accordance with Marpol 73/78 and this Convention, to a port reception facility. Before
leaving port all cargo residues shall be discharged to a port reception facility in accordance with the requirements of
Marpol 73/78.

C. Exemptions

1. Exemptions may be granted by the administration from mandatory discharge of all wastes to a port reception
facility taking into account the need for special arrangements for, e.g., passenger ferries engaged in short voyages.
The administration shall inform the Helsinki Commission on the issued exemptions.

2. In case of inadequate reception facilities ships shall have the right to properly stow and keep wastes on board for
delivery to next adequate port reception facility. The port authority or the operator shall provide a ship with a
document informing on inadequacy of reception facilities.

3. A ship should be allowed to keep on board minor amounts of wastes which are unreasonable to discharge to port

reception facilities.