Amended proposal for a European Parliament and Council Decision setting up a Community framework for cooperation in the field of accidental marine pollution
Date: 1999-11-30
Institutions: European Commission
Subjects: EU action, environmental cooperation, environmental protection, exchange of information, marine pollution

27.6.2000

EN

Official Journal of the European Communities

C 177 E/31

Amended proposal for a European Parliament and Council Decision setting up a Community
framework for cooperation in the field of accidental marine pollution (1)

(2000/C 177 E/06)

(Text with EEA relevance)

COM(1999) 641 final (cid:151) 98/0350(COD)

(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 1 December 1999)

(1) OJ C 25, 30.1.1999, p. 20.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the Treaty establishing the European
Community, and in particular Article 175 (1) thereof,

Having regard to the proposal from the Commission,

Unchanged

Having regard to the opinion of the European Parliament,

Deleted

Having regard to the opinion of
Committee,

the Economic and Social

Unchanged

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

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Unchanged

(1) 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 (1) constitute the basis
for this cooperation.

(2) Whereas the Community Information System has served
the purpose of making available to the competent auth-
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
the Information
at
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.

sea in large quantities; whereas

the Community Action

(3) Whereas the Community Task Force and other actions
within
have
provided practical assistance to operational authorities
during marine pollution emergencies and promoted coop-
eration and preparedness
to
accidents.

Programme

response

efficient

for

___________
(1) 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.

C 177 E/32

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Official Journal of the European Communities

27.6.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

(4) Whereas the Community programme of policy and action
in relation to the environment and sustainable devel-
opment (1) 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.

(4) Whereas the Community programme of policy and action
in relation to the environment and sustainable devel-
opment (1) 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 and operational spills.

(6) Whereas the Community cooperation in the field of acci-
dental marine pollution, by taking action against the risks,
helps to achieve the objectives of the Treaty by promoting
and contributing,
solidarity between Member States
to preserving
pursuant
and protecting the environment, including human health.

to Article 130r of

the Treaty,

(5) Whereas the proposal for a directive on port reception
facilities for ship-generated waste and cargo residues will
play, once it is adopted, a major role in the context of
operational spills.

(6) Whereas the Community cooperation in the field of acci-
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 174 of the Treaty, to preserving and
protecting the environment, including human health.

(7) Whereas (cid:145)accidental marine pollution(cid:146) should be defined
to include, but not be limited to, all releases of harmful
substances into the marine environment, whether civilian
or military, either directly at or into the sea, or from the
shoreline, or river estuaries, or through releases from
materials previously dumped at sea.

(8) Whereas (cid:145)harmful substances(cid:146) should be defined to include
but not be limited to all materials covered by the IMDG
(International Maritime Dangerous Goods) code, and
releases from dumped munitions.

(9) Whereas particular attention should be devoted to the
covering

conventions

agreements

and/or

relevant
European seas.

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

efficiently; whereas

even more

such

Unchanged

(11) 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.

___________
(1) OJ C 138, 17.5.1993, p. 5.

___________
(1) OJ C 138, 17.5.1993, p. 5.

27.6.2000

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Official Journal of the European Communities

C 177 E/33

INITIAL PROPOSAL

AMENDED PROPOSAL

(12) Whereas action to provide information and prepare those
responsible for and involved in dealing with accidental
marine pollution in the Member States is important and
increases the degree of preparedness for accidents and
also contributes to lessening the risks.

(13) Whereas it is also important to undertake Community
action to improve techniques and methods of response
and rehabilitation after emergencies.

(14) Whereas

the provision of operational

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

(15) Whereas an advisory committee on accidental marine
the Commission in managing the
the Commission
relating to accidental

pollution will assist
framework for cooperation; whereas
may also refer other matters
marine pollution to this committee.

(16) Whereas the provisions of

this Decision take over,

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

1978

and

of

HAVE ADOPED THIS DECISION:

Article 1

A Community framework for cooperation in the field of
1.
accidental marine pollution (hereinafter called (cid:145)the framework
for cooperation(cid:146)) is hereby established for the period 1 January
2000 to 31 December 2004.

2.
The framework for cooperation is intended to support
and supplement Member States’ efforts at national, regional
and local level for the protection of the marine environment,
human health, and coastlines against the risks for accidental
pollution at sea and operational spills.

2.
The framework for cooperation is intended to support
and supplement Member States’ efforts at national, regional
and local level for the protection of the marine environment,
human health, and coastlines against the risks for accidental
pollution at sea and operational spills, including releases from
dumped munitions.

(cid:145)Accidental marine pollution(cid:146) should be defined to include, but
not be limited to, all releases of harmful substances into the
marine environment, whether
civilian or military, either
directly at or into the sea, or from the shoreline, or river
estuaries, or
from materials previously
dumped at sea.

through releases

C 177 E/34

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Official Journal of the European Communities

27.6.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

The aim of the framework for cooperation is to improve
3.
capabilities of
the Member States for response in case of
incidents 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.

4. Within this framework for cooperation, a Community
Information System with the purpose of exchanging data for
for and response to accidental marine
the preparedness
is established. The
pollution,
system will consist of at
in
Annex I.

including operational
least

the components set out

spills,

The framework for cooperation should also facilitate coop-
eration between Member States
financial
damage can be claimed in accordance with the polluter-pays-
principle.

to ensure that

4. Within this framework for cooperation, a Community
Information System with the purpose of exchanging data for
for and response to accidental marine
the preparedness
pollution,
including operational spills and munitions dump
zones,
is established. The system will consist of at least the
components set out in Annex I.

Article 2

Unchanged

The Commission shall implement the actions under the

1.
framework for cooperation.

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

States

Actions under

cooperation and
3.
financial arrangements for Community contribution are set
out in Annex II.

framework for

the

Article 3

The rolling plan to implement

1.
framework for
actions to be undertaken.

cooperation shall

the actions under the
individual

contain the

Individual actions shall be selected primarily on the basis

2.
of the following criteria:

(a) 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 mobi-
lising experts mainly belonging to the Community Task
in emergency situations to Member States and to
Force,
disseminating experience
among
Member States;

from such situations

(b) contribution to improving techniques and methods of
including

response and rehabilitation after emergencies,
exchange of information between port authorities;

27.6.2000

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

(ca) contribution to providing better public information to help

clarify risks and relaying accident information;

(cb) contribution to strengthening the integration of risk and
including habitat

local agencies

response with other
protection bodies.

Each individual action shall be implemented in close
at national,

3.
cooperation with the
authorities
regional and local levels in the Member States.

competent

Unchanged

Article 4

the

For

implementation of

1.
the
framework for cooperation, the Commission shall be assisted
by an advisory committee composed of representatives of the
Member States and chaired by the representative of
the
Commission.

actions under

the

the Commission shall submit

to the
The representative of
committee a draft of the individual actions to be undertaken.
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 the minutes; in addition, each
Member State shall have the right to ask to have its position
recorded in the minutes.

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 may also refer other matters relating to

2.
accidental marine pollution to the advisory committee.

Article 5

the
The Commission shall evaluate the implementation of
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

Information

The Council Decision of 6 March 1986 establishing a
Community
and
reduction of pollution caused by the spillage of hydrocarbons
and other harmful substances at sea, as last amended, shall be
repealed on the entry into force of this Decision.

System for

control

the

Article 7

This Decision shall apply with effect from 1 January 2000.

Article 8

This Decision is addressed to the Member States.

C 177 E/36

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Official Journal of the European Communities

27.6.2000

ANNEX I

COMPONENTS OF THE COMMUNITY INFORMATION SYSTEM

INITIAL PROPOSAL

AMENDED PROPOSAL

The Community Information System will use a modern automatic data
processing system. On the Internet site, there will be general back-
ground 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-leaf booklet with information on
emergency management in each Member State.

1. Each Member State, within six months from the date the Decision

enters into force, shall:

(a) appoint

the

authority or

management of
the Commission thereof,

the national part of

authorities

responsible of
the
the system, and inform

(b) open a web site to be connected with the whole system through

the Community general access page of the system.

2. The Commission will open a web site for the purpose of a general

access page of the system and a Community page.

3. 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) a concise view of national structures and of the links between
national authorities in the field of accidental marine pollution,

(a) a concise view of national structures and of the links between
national authorities in the field of accidental marine pollution
and operational spills areas,

(b) the inventory of main means for emergency response and
clean-up from public and private sectors. This inventory will
contain data on:

Unchanged

(cid:151) number and qualification of the specialist staff,

(cid:151) 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:151) mechanical resources for recovering hydrocarbons discharged
at sea and preventing or combating sea or coastal pollution
from oil spills and other harmful substances, as well as on the
specialist staff that will utilise these resources,

(cid:151) chemical and biological resources for combating pollution at
sea and cleaning up coasts, as well as on the specialist staff
that utilise these resources,

(cid:151) chemical and biological resources for combating pollution at
sea and cleaning up coasts, rehabilitation expertise, as well as
on the specialist staff that utilise these resources,

(cid:151) strike teams,

Unchanged

(cid:151) ships and aircraft equipped for combating pollution,

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) mobile resources for temporary storage of recovered hydro-

carbons and other harmful substances,

(cid:151) systems for lightening oil-tankers,

(cid:151) an emergency number for public use,

(ba) list of munitions dump sites,

(c) the location of stockpiles or equipment,

Unchanged

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

4. Each Member State shall up-date its National Home Page, specified
in paragraph 3, as soon as changes have occurred or at least each
year in January.

5. Each Member State

shall provide

the Commission with its
to be
information on operational
included
loose-leaf booklet,
including operational procedures for mobilisation and operational
contact points with their references, within 6 months from the date
the Decision enters into force.

in the Community operational

emergency management

6. Each Member State shall notify to the Commission at the earliest
opportunity any change related to the information contained in the
loose-leaf booklet.

7. The Commission shall make available to each Member States a copy
of the loose-leaf booklet and shall provide any updating to the
Member States.

C 177 E/38

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Official Journal of the European Communities

27.6.2000

FINANCIAL ARRANGEMENTS FOR THE COMMUNITY CONTRIBUTION

ANNEX II

ORIGINAL TABLE

Action

Financing arrangements

A. Action in training and information

1. Courses and workshops (1)

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

involved to ensure that

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

2. Exchange of experts

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

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

3. Exercises

The exercises are intended to compare methods, to
stimulate cooperation between Member States and
to back up progress in and to coordinate the
national emergency services.

4. Community Information System

Development
a modern
and maintenance of
computerised information system to help the
national
accidental
marine pollution by providing the information
needed for emergency management.

dealing with

authorities

B. Action for improving techniques and methods of
response and rehabilitation (pilot project) (1)

for

response

Projects designed to increase the Member States’
capacity
and rehabilitation. These
projects are aimed mainly at improving means, tech-
niques 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 involving two
or more Member States will be encouraged.

Maximum Community financial contribution: 75 % of the
experts’ travel and subsistence expenses and 100 % of the
costs of coordinating the system.

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

and

for

100 % financing of the Commission part of the system.

Maximum Community financial contribution 50 % of the
total cost of each project with a ceiling of ECU 150 000.

C. Support and Information actions

1. Environment impact

Actions to support surveys of the environmental
effects after an incident and to largely disseminate
their results and the experience acquired to the
other Member States.

Maximum Community financial contribution: 50 % of the
total cost of each action.

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Action

Financing arrangements

2. Conferences and events (1)

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

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

3. Other support actions (1)

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

aspects of

spills

100 % financing.

4. Information

other
exhibition material
Publications,
information to the public on the Community coop-
eration in the field of accidental marine pollution.

and

100 % financing.

D. Mobilization of expertise

Action for mobilisation 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 coordinate observers from
other Member States.

Community financial contribution: 100 % of the cost for
the experts’ missions.

(1) The only eligible actions are those interesting all Member States or a significant number of them.

C 177 E/40

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Official Journal of the European Communities

27.6.2000

AMENDED TABLE

Action

Financing arrangements

A. Action in training and information

1. Courses and workshops (1)

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

involved to ensure that

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

2. Exchange of experts

the secondment of experts to
Organisation of
to allow the
another Member State in order
experts to gain experience or appraise different
techniques used or to study the approaches taken
within other emergency services or other relevant
bodies
such as non-governmental organisations
with specialist
in accidental marine
pollution.

expertise

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

3. Exercises

The exercises are intended to compare methods, to
stimulate cooperation between Member States and
to back up progress in and to coordinate the
national emergency services.

4. Community Information System

Development
a modern
and maintenance of
computerised information system to help the
national
accidental
marine,
spills pollution by
providing the information needed for emergency
management.

authorities
and operational

dealing with

B. Action for improving techniques and methods of
response and rehabilitation (pilot projects). (1)

for

response

Projects designed to increase the Member States’
capacity
and rehabilitation. These
projects are aimed mainly at improving means, tech-
niques 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, and operational spills.
Projects involving two or more Member States will
be encouraged.

Maximum Community financial contribution: 75 % of the
experts’ travel and subsistence expenses and 100 % of the
costs of coordinating the system.

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

and

for

100 % financing of the Commission part of the system.

Maximum Community financial contribution 50 % of the
total cost of each project with a ceiling of ECU 150 000.

C. Support and Information actions

1. Environment impact

Actions to support surveys of the environmental
effects after an incident evaluate the preventive and
remedial measures taken and to largely disseminate
their results and the experience acquired to the
other Member States.

Maximum Community financial contribution: 50 % of the
total cost of each action.

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Official Journal of the European Communities

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Action

Financing arrangements

2. Conferences and events (1)

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

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

3. Other support actions (1)

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

aspects of

spills

100 % financing.

4. Information

other
exhibition material
Publications,
information to the public on the Community coop-
eration in the field of accidental marine pollution,
and operational spills.

and

100 % financing.

D. Mobilization of expertise

Action for mobilisation 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 coordinate observers from
other Member States.

Community financial contribution: 100 % of the cost for
the experts’ missions.

(1) The only eligible actions are those interesting all Member States or a significant number of them.