2000/340/EC: Council Decision of 8 May 2000 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 and the corresponding Appendix 3
Date: 2000-05-08
Institutions: Council of the European Union
Subjects: Atlantic Ocean, biodiversity, ecosystem, environmental protection, international convention, marine environment

L 118/44

EN

Official Journal of the European Communities

19.5.2000

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 8 May 2000

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 and the corresponding
Appendix 3

(2000/340/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 subpara-
graph of Article 300(3) thereof,

and the protection of biodiversity are an essential objec-
tive of general benefit which is being pursued by the
Community as provided for in Article 174 of the Treaty;
the new Annex V to the OSPAR Convention may contri-
bute to the achievement of that objective.

Having regard to the proposal from the Commission (1),

(5)

Having regard to the opinion of the European Parliament (2),

The Community has adopted measures in the field
covered by Annex V; it should enter into international
commitments in this field.

Whereas:

(1)

(2)

(3)

The Community is a Contracting Party to the Conven-
tion for the Protection of the Marine Environment of the
North-East Atlantic (OSPAR Convention) pursuant to
Decision 98/249/EC (3).

The aim of the OSPAR Convention is to prevent and
eliminate pollution and to protect the maritime area
against the harmful effects of human activities; it entered
into force on 25 March 1998.

The executive body of
the OSPAR Convention (the
OSPAR Commission) may adopt amendments to the
Convention, including new Annexes and Appendices; it
has adopted a new Annex which is Annex V on the
protection and conservation of
the ecosystems and
biological diversity of the maritime area, the Appendix 3
which stems from it, and an Agreement on the meaning
of certain concepts in the Annex V.

(4)

The preservation, the protection and the improvement
of the quality of the environment, including the conser-
vation of natural habitats and of wild flora and fauna

(6)

(7)

(8)

The objectives of Annex V supplement the objectives of
Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (4) and of Council Directive
92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (5); those
Directives already provide a Community framework for
the protection of habitats and species in the geograph-
ical area in which they apply; the adoption of the Annex
V by the Community does not prejudice the imple-
mentation of those Directives.

The Commission took part in negotiating Annex V, in
accordance with the Council conclusions concerning
negotiating directives for the Convention for the protec-
tion of
the North-East
Atlantic.

the marine environment of

The Community should approve Annex V to the
Convention for the Protection of the Marine Environ-
ment of the North East Atlantic (including the corres-
ponding Appendix 3),

(1) OJ C 158, 4.6.1999, p. 1.
(2) Opinion delivered on 27 October 1999 (not yet published in the

Official Journal).

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

(4) 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).

(5) 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).

19.5.2000

EN

Official Journal of the European Communities

L 118/45

HAS DECIDED AS FOLLOWS:

Sole Article

Annex V to the Convention for the Protection of the Marine Environment of the North-East Atlantic

1.
(including the corresponding Appendix 3) 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 the approval referred to in paragraph 1 to the OSPAR

2.
Commission.

Done at Brussels, 8 May 2000.

For the Council

The President

E. FERRO RODRIGUES

L 118/46

EN

Official Journal of the European Communities

19.5.2000

ANNEX V

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

For the purposes of this Annex and of Appendix 3 the definitions of ‘biological diversity’, ‘ecosystem’ and ‘habitat’ are
those contained in the Convention on Biological Diversity of 5 June 1992.

Article 1

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.

1.

For the purposes 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

Article 3

criteria in Appendix 3;

(b) in doing so:

(i) to collect and review information on such activities and their effects on ecosystems and biological diversity;
law, for instituting protective, conservation, restorative or
(ii) to develop means, consistent with international

precautionary measures related to specific areas or sites or related to particular species or habitats;

(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 subregions 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.

In the adoption of such programmes and measures, due consideration shall be given to the question whether any

2.
particular programme or measure should apply to all, or a specified part, of the maritime area.

Article 4

In accordance with the penultimate recital of the Convention, no programme or measure concerning a question
1.
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.

it shall draw that question to the attention of

2. Where the Commission considers that action under this Annex is desirable in relation to a question concerning
maritime transport,
the 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.

19.5.2000

EN

Official Journal of the European Communities

L 118/47

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.