1999/800/EC: Council Decision of 22 October 1999 on concluding the Protocol concerning specially protected areas and biological diversity in the Mediterranean, and on accepting the annexes to that Protocol (Barcelona Convention)
Date: 1999-10-22
Institutions: Council of the European Union
Subjects: Mediterranean Sea, Protocol (EU), biodiversity, conservation of resources, protected area, protected species

14.12.1999

EN

Official Journal of the European Communities

L 322/1

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 22 October 1999

on concluding the Protocol concerning specially protected areas and biological diversity in the
Mediterranean, and on accepting the annexes to that Protocol (Barcelona Convention)

(1999/800/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community and in particular Article 175(1)
in
conjunction with the first sentence of Article 300(2) and the
first subparagraph of Article 300(3) thereof,

thereof,

Having regard to the proposal from the Commission,

the new Protocol, pursuant to Article 32 thereof,
replace the first version of
specially protected areas in the Mediterranean;

is to
the Protocol concerning

(3)

In Barcelona on 10 June 1995 the Community signed the
new Protocol concerning specially protected areas and
biological diversity in the Mediterranean, hereinafter
referred to as (cid:145)the Protocol(cid:146);

Having regard to the opinion of the European Parliament (1),

(4)

Whereas:

In addition to the provisions relating to the conservation
of sites of Mediterranean importance, the new version of
the Protocol provides for drawing up lists of endangered
or threatened species and species whose exploitation is
regulated (annexes to the Protocol);

(1) The Community is a Contracting Party to the Convention
the Mediterranean Sea against
the Protection of
for
Pollution (2), hereinafter
the (cid:145)Barcelona
referred to as
Convention(cid:146), and has also concluded four of the Protocols
adopted within
the Barcelona
Convention, namely, the Protocol for the prevention of
pollution by dumping from ships and aircraft (2),
the
Protocol concerning cooperation in combating pollution
by oil and other harmful substances (3), the Protocol for
protection against pollution from land-based sources (4)
and the Protocol concerning specially protected areas (5);

framework

the

of

(2) The Commission, on behalf of the Community and within
the working group set up by the Contracting Parties to
in the
the Barcelona Convention, has
specially
Protocol
negotiations
protected
the
in
biological
Mediterranean and from the date of its entry into force,

taken part
concerning
diversity

on
areas

the
and

(1) OJ C 219, 30.7.1999, p. 186.
(2) Decision 77/585/EEC, OJ L 240, 19.9.1977, p. 1.
(3) Decision 81/420/EEC, OJ L 162, 19.6.1981, p. 4.
(4) Decision 83/101/EEC OJ L 67, 12.3.1983, p. 1.
(5) Decision 84/132/EEC OJ L 68, 10.3.1984, p. 36.

(5) The Final Act of

the Conference of Plenipotentiaries
(Barcelona, 9 and 10 June 1995), at which the Protocol
was adopted and signed, provides for the annexes to the
Protocol
the
Plenipotentiaries;

to be adopted at a future meeting of

(6) The

annexes were

the Conference of
adopted at
Plenipotentiaries held in Monaco on 24 November 1996
and preceded by a meeting of experts on 23 November
1996;
the annexes were open for signing during the
Conference; the Commission had no mandate to represent
the Community;

(7) The Mediterranean Member States, as Contracting Parties
to the Barcelona Convention and its Protocols, were
present at the Conference of Plenipotentiaries and signed
the annexes; in the final act of the Conference, however,
they stated that, where the annexes covered spheres of
Community competence, they would take any necessary
action provided the Community was a signatory to the
annexes;

L 322/2

EN

Official Journal of the European Communities

14.12.1999

(8) Under Article 174 of the Treaty, Community policy on
to pursuit of objectives
the environment contributes
which include preserving, protecting and improving the
quality of the environment and promoting measures at
international
to deal with regional or worldwide
environmental problems;

level

Article 2

The President of

1.
the Council shall deposit with the
depositary, on behalf of the Community and in accordance
with Article 30 of the Protocol concerning specially protected
the
areas and biological diversity in the Mediterranean,
instrument concluding that Protocol (3).

competence

environmental

(9) The Protocol and the annexes thereto cover areas of
(Directive
Community
conservation of wild birds (1),
79/409/EEC on the
Directive 92/43/EEC on the conservation of natural
habitats and of wild fauna and flora (2) and concern
species whose
the
common fisheries policy (CFP); the Community is taking
steps in this context to ensure that the conclusion of
these international agreements neither conflicts with, nor
alters the scope of, current Community law,

regulated under

exploitation is

the annexes

The President of the Council shall notify, on behalf of the
2.
to the Protocol
Community, acceptance of
concerning specially protected areas and biological diversity in
the Mediterranean,
the
Convention for the Protection of the Mediterranean Sea against
Pollution (4).
be
accompanied by the following statement: (cid:145)The Community will
help implement the provisions laid down in the annexes by
setting up the Natura 2000 network(cid:146).

in accordance with Article 16 of

Community’s

acceptance

shall

The

HAS DECIDED AS FOLLOWS:

Article 3

This Decision shall be published in the Official Journal of the
European Communities.

Article 1

It shall take effect on the day of its adoption.

The Protocol concerning specially protected areas and
1.
biological diversity in the Mediterranean and the annexes
thereto are hereby approved on behalf of the Community.

Done at Luxembourg, 22 October 1999.

The text of the said Protocol and the annexes thereto are

2.
attached to this Decision.

For the Council

The President

S. M(cid:214)NK˜RE

(3) The date of entry into force of the Protocol concerning specially
protected areas and biological diversity in the Mediterranean will
be published in the Official Journal of the European Communities by
the General Secretariat of the Council of the European Union.

(1) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive

97/49/EC (OJ L 223, 13.8.1997, p. 9).

(2) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive

97/62/EC (OJ L 305, 8.11.1997, p. 42).

(4) The date of entry into force of

the annexes to the Protocol
concerning specially protected areas and biological diversity in the
Mediterranean will be published in the Official
the
European Communities by the General Secretariat of the Council of
the European Union.

Journal of