Proposal for a Council Decision concerning the approval, on behalf of the Community, of the new Annex to the Convention for the protection of the marine environment of the North-East Atlantic on the protection and conservation of the ecosystems and biological diversity of the maritime area, the corresponding Appendix 3 and the Agreement on the meaning of certain concepts in the new Annex
Date: 1999-04-23
Institutions: European Commission
Subjects: Atlantic Ocean, environmental protection, international convention, marine environment, waste management

4.6.1999

EN

Official Journal of the European Communities

C 158/1

II

(Preparatory Acts)

COMMISSION

Proposal for a Council Decision concerning the approval, on behalf of the Community, of
the new Annex V to the Convention for the protection of the marine environment of the
north-east Atlantic on the protection and conservation of the ecosystems and biological
diversity of the maritime area, the corresponding Appendix 3 and the Agreement on the
meaning of certain concepts in the new Annex

(1999/C 158/01)

(Text with EEA relevance)

COM(1999) 190 final — 99/0095 (CNS)

(Submitted by the Commission on 26 April 1999)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Commission proposal,

Having regard to the opinion of
Parliament,

the European

(1) Whereas the Community is a Contracting Party
to the Convention for the protection of
the
marine environment of the north-east Atlantic
(OSPAR Convention
to Council
Decision 98/249/EC of 7 October 1997 (1);

purusant

(2) Whereas the aim of the Convention is to prevent
and eliminate pollution and to protect
the
maritime area against
the harmful effects of
human activities; whereas it entered into force
on 25 March 1998;

(1) OJ L 104, 3.4.1998, p. 1.

(3) Whereas

the executive body of

the OSPAR
Convention (the OSPAR Commission may adopt
amendments to the Convention, including new
annexes and appendices; whereas it has adopted
a new Annex V on the protection and
conservation of the ecosystems and biological
diversity of the maritime area, Appendix 3 which
stems from it, and an Agreement on the meaning
of certain concepts in Annex V, all of which are
referred to hereinafter as (cid:28)Annex V’;

(4) Whereas the preservation, the protection and the
improvement of the quality of the environment,
including the conservation of natural habitats
and of wild flora and fauna and the protection
of biodiversity are an essential objective of
general benefit which is being pursued by the
Community as provided for in Article 130r of
the Treaty; whereas the new Annex V to the
OSPAR Convention may contribute
to the
achievement of that objective;

(5) Whereas the Community has adopted measures
in the field covered by Annex V; whereas it must
enter
in this
into international commitments
field;

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Official Journal of the European Communities

4.6.1999

(6) Whereas the objectives of Annex V supplement
the objectives of Council Directive 79/409/EEC
of 2 April 1979 on the conservation of wild
birds (1) and of Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural
habitats and of wild fauna and flora (2); whereas
those Directives already provide a Community
framework for the protection of habitats and
species in the geographical area in which they
apply; whereas the adoption of Annex V by
the Community
the
implementaion of those Directives;

prejudice

does

not

(7) Whereas

took

the Community

in
in accordance with the
negotiating Annex V,
Council Conclusions
negotiating
concerning
directives for the Convention for the protection
of
the north-east
Atlantic;

the marine environment of

part

HAS DECIDED AS FOLLOWS:

Sole article

Annex V to the Convention for the protection of
1.
the marine environment of
the north-east Atlantic
(including the corresponding Appendix 3 and the
Agreement on certain concepts in Annex V is hereby
approved on behalf of the Community.

The text of the said Annex V is attached to this
Decision.

The Commission is authorised to notify this

2.
approval to the OSPAR Commission.

Done at …

(8) Whereas the Community should approve this

Decision,

For the Council

…

The President

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 206, 22.7.1992, p. 7.

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Official Journal of the European Communities

C 158/3

THE PROTECTION AND CONSERVATION OF THE ECOSYSTEMS AND BIOLOGICAL
DIVERSITY OF THE MARITIME AREA

THE CONTRACTING PARTIES TO THE CONVENTION FOR THE PROTECTION OF THE
MARINE ENVIRONMENT OF THE NORTH-EAST ATLANTIC

RECALLING the welcome in the final declaration of the ministerial meeting of the Oslo and Paris
Commissions, 21-22 September 1992, for the possibility under the 1992 OSPAR Convention of
addressing matters relating to the protection of the marine environment other than those relating to
the prevention and elimination of pollution, and for the possibility of taking any necessary measures
on these matters by the adoption of new Annexes to that Convention in the future,

RECALLING the Recitals of the 1992 OSPAR Convention,

RECALLING Article 16 and 18 of that Convention, which provide the procedure for the proposal,
adoption and entry into force of new Annexes and of new Appendixes to that Convention,

RECALLING the United Nations Convention on the law of the sea, in particular the provisions
relating to navigation and the exploitation of natural resources,

RECALLING the provisions of other global and regional agreements on the protection and
conservation of marine ecosystems and biological diversity,

RECALLING the importance of coordination and harmonisation of work in different forums for the
protection of marine species and their habitats,

RECALLING the significant differences which exist between:

(a) the ecological conditions of the maritime area,

(b) the impacts of human activities affecting these conditions,

RECALLING the fact that certain Contracting Parties are not coastal States bordering the maritime
area,

ADOPT ANNEX V AND APPENDIX 3 TO THE CONVENTION

AND FURTHER DECIDE THAT:

(a) programmes or measures under this new Annex shall avoid duplicating action which is already
prescribed by other international conventions and the subject of appropriate measures agreed by
other international organisations; and

(b) before a programme or measure is adopted under this new Annex, consideration shall be given to
whether action could be taken more appropriately under some other international convention or
arrangement.

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Official Journal of the European Communities

4.6.1999

on the protection and conservation of the ecosystems and biological diversity of the maritime area

ANNEX V

Article 1

For the purposes of this Annex and of Appendix 3 the definitions of (cid:28)biological diversity’, (cid:28)ecosystem’
and (cid:28)habitat’ are those contained in the Convention on biological diversity of 5 June 1992.

Article 2

In fulfilling their obligation under the Convention to take, individually and jointly, the necessary
measures to protect the maritime area against the adverse effects of human activities so as to safeguard
human health and to conserve marine ecosystems and, when practicable, restore marine areas which
have been adversely affected, as well as their obligation under the Convention on biological diversity
of 5 June 1992 to develop strategies, plans or programmes for the conservation and sustainable use of
biological diversity, Contracting Parties shall:

(a) take the necessary measures to protect and conserve the ecosystems and the biological diversity of
the maritime area, and to restore, where practicable, marine areas which have been adversely
affected; and

(b) cooperate in adopting programmes and measures for those purposes for the control of the human

activities identified by the application of the criteria in Appendix 3.

Article 3

1. For the purpose of this Annex, it shall inter alia be the duty of the Commission:

(a) to draw up programmes and measures for the control of the human activities identified by the

application of the criteria in Appendix 3;

(b) in doing so:

(i)

(ii)

to collect and review information on such activities and their effects on ecosystems and
biological diversity;

to develop means,
instituting protective,
conservation, restorative or precautionary measures related to specific areas or sites or
related to particular species or habitats;

consistent with international

law,

for

(iii) subject to Article 4 of this Annex, to consider aspects of national strategies and guidelines
on the sustainable use of components of biological diversity of the maritime area as they
affect the various regions and sub-regions of that area;

(iv)

subject to Article 4 of this Annex, to aim for the application of an integrated ecosystem
approach.

(c) also in doing so, to take account of programmes and measures adopted by Contracting Parties
for the protection and conservation of ecosystems within waters under their sovereignty or
jurisdiction.

2.

In the adoption of such programmes and measures, due consideration shall be given to the
question whether any particular programme or measure should apply to all, or a specified part, of
the maritime area.

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Official Journal of the European Communities

C 158/5

Article 4

1.

In accordance with the penultimate recital of
the Convention, no programme or measure
concerning a question relating to the management of fisheries shall be adopted under this Annex.
However where the Commission considers that action is desirable in relation to such a question, it
shall draw that question to the attention of the authority or international body competent for that
question. Where action within the competence of the Commission is desirable to complement or
support action by those authorities or bodies, the Commission shall endeavour to cooperate with
them.

2. Where the Commission considers that action under this Annex is desirable in relation to a
it shall draw that question to the attention of the
question concerning maritime transport,
International Maritime Organisation. The Contracting Parties who are members of
the
International Maritime Organisation shall endeavour to cooperate within that Organisation in
order to achieve an appropriate response, including in relevant cases that Organisation’s agreement
to regional or local action, taking account of any guidelines developed by that Organisation on the
designation of special areas, the identification of particularly sensitive areas or other matters.

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Official Journal of the European Communities

4.6.1999

Appendix 3

Criteria for identifying human activities for the purpose of Annex V

1. The criteria to be used, taking into account regional differences, for identifying human activities

for the purposes of Annex V are:

(a) the extent, intensity and duration of the human activity under consideration;

(b) actual and potential adverse effects of the human activity on specific species, communities and

habitats;

(c) actual and potential adverse effects of the human activity on specific ecological processes;

(d) irreversibility or durability of these effects.

2. These criteria are not necessarily exhaustive or of equal importance for the consideration of a

particular activity.

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C 158/7

OSPAR Agreement on the meaning of certain concepts in Annex V to the 1992 OSPAR Convention on
the protection and conservation of the ecosystems and biological diversity of the maritime area

OSPAR agreed that references in Annex V to the 1992 OSPAR Convention on the protection and
conservation of the ecosystems and biological diversity of the maritime area to (cid:28)questions relating to
the management of fisheries’ are references to the questions on which action can be taken under such
instruments as those constituting:

(a) the common fisheries policy of the European Community;

(b) the corresponding legislation of Contracting Parties which are not Member States of the European

Union; or

(c) the corresponding legislation in force in the Faroe Islands, Greenland, the Channel Islands and the

Isle of Man;

(d) the North-East Atlantic Fisheries Commission and the North Atlantic Salmon Commission

whether or not such action has been taken.

For the avoidance of doubt, in the context of the OSPAR Convention, the management of fisheries
includes the management of marine mammals.