Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution
Date: 2000-12-20
Institutions: Council of the European Union, European Parliament
Subjects: EU financing, EU programme, cooperation policy, environmental policy, marine pollution, pollution control measures

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

DECISION No 2850/2000/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 December 2000

setting up a Community framework for cooperation in the field of accidental or deliberate marine
pollution

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

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

Having regard to the opinion of the Economic and Social
Committee (2),

Following consultation with the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3), and in the light of the joint text approved
by the Conciliation Committee on 11 October 2000,

Whereas:

(1)

(2)

(3)

The actions taken by the Community in the field of
accidental marine pollution since 1978 have made it
possible progressively to develop cooperation between
the Member
action
programme. The resolution and decisions adopted since
1978 (4) constitute the basis for this cooperation.

States within a Community

Several regional agreements on accidental marine pollu-
tion, such as the Bonn Cooperation Agreement, already
facilitate mutual assistance and cooperation between
Member States in this field.

Regard should be had to the international conventions
and agreements applicable to European seas and mari-
time areas, such as the OSPAR Convention, the Barce-
lona Convention and the Helsinki Convention.

(1) OJ C 25, 30.1.1999, p. 20.
(2) OJ C 169, 16.6.1999, p. 16.
(3) Opinion of the European Parliament of 16 September 1999 (OJ C
54, 25.2.2000, p. 82), Council Common Position of 17 December
2000 (OJ C 87, 24.3.2000, p. 1) and Decision of the European
Parliament of 13 June 2000 (not yet published in the Official
Journal). Decision of
the European Parliament of 30 November
2000 and Decision of the Council of 5 December 2000.

(4) OJ C 162, 8.7.1978, p. 1,

OJ L 355, 10.12.1981, p. 52,
OJ L 77, 22.3.1986, p. 33 and
OJ L 158, 25.6.1988, p. 32.

(4)

(5)

(6)

(7)

(8)

(9)

(10)

The Community information system has served the
purpose of making available to the Member States the
data required for the control and reduction of pollution
caused by the spillage of hydrocarbons and other
harmful substances at sea in large quantities. The infor-
mation system will be simplified by the use of a modern
automatic data-processing system.

A system for the rapid and efficient exchange of infor-
mation needs to be established.

The Community task force and other actions within the
Community action programme have provided practical
assistance to operational authorities during marine
pollution emergencies and promoted cooperation and
preparedness for efficient response to accidents.

The Community programme of policy and action in
relation to the environment and sustainable develop-
ment (5) presented by the Commission envisages that the
Community's activities will be stepped up in particular
emergencies which
environmental
in the
includes accidental or deliberate marine pollution.

field of

Directive 2000/59/EC of the European Parliament and of
ship-
the Council on port
generated waste and cargo residues (6) is of fundamental
importance in the context of this Decision.

reception facilities

for

Harmful substances means any hazardous or noxious
substance liable to raise concern if spilled into the
marine environment.

to achieve the objectives of

Community cooperation in the field of accidental
marine pollution helps, by taking action against the
risks,
the Treaty by
promoting solidarity between Member States and contri-
to
to Article 174 of
buting, pursuant
preserving
and
protecting
and
protecting human health.

environment

the Treaty,

the

(5) OJ C 138, 17.5.1993, p. 5.
(6) See page 81 of this Official Journal.

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(11)

The establishment of a Community framework for
cooperation providing support measures will help to
develop cooperation in the field of accidental marine
pollution even more efficiently. Such a framework for
cooperation should be based to a large extent on experi-
ence already gained in this field since 1978.

(12) A Community framework for cooperation will also
and

consolidate

as

increase
transparency as well
strengthen the different actions.

(13) Accidental or deliberate pollution at sea includes pollu-
tion from offshore installations and illicit operational
spills from vessels.

(14) Action to provide information and prepare those
responsible for and involved in dealing with accidental
marine pollution in the Member States is important,
increases the degree of preparedness for accidents and
contributes to preventing the risks.

(15)

(16)

It is also important to undertake Community action to
improve techniques and methods of
response and
rehabilitation after emergencies.

The provision of operational support
in emergency
situations to Member States and facilitating the dissemi-
nation of experience from such situations among
Member States has proved to be of significant value.

(17) Actions under this framework should also promote the
polluter-pays principle which should be applied in
accordance with the applicable national and inter-
national environmental and maritime law.

(18)

(19)

(20)

The measures necessary for implementing this Decision
should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the proced-
ures for the exercise of implementing powers conferred
on the Commission (1).

This Decision lays down, for the entire duration of the
cooperation framework, a financial framework consti-
tuting the prime reference, within the meaning of point
33 of the Interinstitutional Agreement of 6 May 1999
between the European Parliament, the Council and the
Commission on budgetary discipline and improvement
of
the budgetary
authority during the annual budgetary procedure.

the budgetary procedure (2),

for

The provisions of this Decision take over, in particular,
the action programme set up through Council Resolu-
tion of 26 June 1978 and the Community information
system established through Council Decision 86/85/EEC
of 6 March 1986 establishing a Community information
system for the control and reduction of pollution caused
by the spillage of hydrocarbons and other harmful
substances at sea or in major inland waters (3). That

Decision should be repealed from the date on which this
Decision enters into force,

HAVE ADOPTED THIS DECISION:

Article 1

1.
A Community framework for cooperation in the field of
accidental or deliberate marine pollution (hereinafter called ‘the
framework for cooperation’)
is hereby established for the
period 1 January 2000 to 31 December 2006.

2.

The framework for cooperation is intended:

(a) to support and supplement Member States' efforts at
national, regional and local levels for the protection of the
marine environment, coastlines and human health against
the risks of accidental or deliberate pollution at sea,
excluding continuous streams of pollution originating from
land-based sources;

include

accidental marine pollution risks
releases of
harmful substances into the marine environment, whatever
their origin, both from ships and from the shoreline or
estuaries, including those linked to the presence of dumped
materials, such as munitions, but excluding authorised
discharges and continuous streams of pollution originating
from land-based sources;

threats of

(b) to contribute to improving the capabilities of the Member
States for response in case of incidents involving spills or
imminent
spills of oil or other harmful
substances at sea and also to contribute to the prevention
of the risks. In accordance with the internal division of
competences within Member States, they shall exchange
information on dumped munitions with a view to facili-
tating risk identification and preparedness measures;

(c) to strengthen the conditions for and facilitate efficient
mutual assistance and cooperation between Member States
in this field; and

(d) to promote cooperation between Member States in order to
provide for compensation for damage in accordance with
the polluter-pays principle.

Article 2

Without prejudice to the division of responsibilities between
Member States and the Commission, the Commission shall
implement the actions under the framework for cooperation, as
set out in Annexes I and II.

(a) Within the framework for cooperation, a Community
information system for the purpose of exchanging data on
the preparedness for and response to accidental or delib-
is established. The system shall
erate marine pollution,
consist of at least the components set out in Annex I.

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ C 172, 18.6.1999, p. 1.
(3) OJ L 77, 22.3.1986, p. 33. Decision as amended by Decision 88/

346/EEC (OJ L 158, 25.6.1988, p. 32).

Types of actions under the framework for cooperation and
financial arrangements for Community contribution are set
out in Annex II.

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(b) A three-year rolling plan to implement the framework for
cooperation, to be reviewed annually, shall be adopted in
accordance with the procedure laid down in Article 4(2)
and on the basis, inter alia, of the information supplied by
Member States to the Commission.

The Commission may, where necessary, arrange additional
actions to those set out in Annex II. Such additional actions
shall be assessed in the light of the priorities set and the
financial resources available and shall be adopted in accord-
ance with the procedure laid down in Article 4(2).

(c) The financial framework for the implementation of this
Decision for the period 2000 to 2006 is hereby set at
EUR 7 million.

The budgetary resources allocated to the actions provided
for in this Decision shall be entered into the annual appro-
priations of the general budget of the European Union. The
available annual appropriations shall be authorised by the
budgetary authority within the limits of
the financial
perspectives.

Article 3

The rolling plan to implement

1.
the framework for
cooperation shall contain the individual actions to be under-
taken.

Individual actions shall be selected primarily on the basis

2.
of the following criteria:

(a) contributing to providing information and preparing those
responsible for and involved in dealing with accidental or
deliberate marine pollution, including where relevant port
authorities, in the Member States, in order to increase the
degree of preparedness and contribute to preventing the
risks;

(b) contributing to improving techniques and methods of
response and rehabilitation after emergencies and to
improving techniques for the evaluation of damage caused
to the marine and coastal environment;

(c) contributing to providing better public information to help

clarify risks and relaying accidents information;

(d) contributing to strengthening the cooperation of relevant
local bodies and nature protection bodies as regards risk
prevention and response;

(e) contributing to providing operational support, by mobil-
ising experts mainly belonging to the Community task
in emergency situations to Member States and to
force,

disseminating experience from such situations among
Member States.

Each individual action shall be implemented in close
competent authorities at national,

3.
cooperation with the
regional and local

levels in the Member States.

Article 4

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to
Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 5

The Commission shall evaluate the implementation of
the
framework for cooperation at mid term and before its end, and
report no later than 36 months after the entry into force of the
Decision and thereafter six years after the entry into force of
the Decision, to the European Parliament and to the Council. In
its final report, the Commission shall,
if appropriate, make
proposals for new measures to continue this framework.

Article 6

Decision 86/85/EEC shall be repealed.

Article 7

This Decision shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

Article 8

This Decision is addressed to the Member States.

Done at Brussels, 20 December 2000.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

J.-C. GAYSSOT

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ANNEX I

COMPONENTS OF THE COMMUNITY INFORMATION SYSTEM

The Community information system will use a modern automatic data processing system. On the Internet site, there will
be general background 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. The Commission will open a website for the purpose of a general access page of the system and a Community home

page.

2. Each Member State, within six months from the date the Decision enters into force, will:

(a) appoint the authority or authorities responsible for the management of the national part of the system, and inform

the Commission thereof;

(b) open or maintain a national home page, or interconnected national home pages. This national home page or one
of the interconnected national home pages will be connected with the whole system through the Community
general access page of the system;

(c) fill

in its national home page(s) with the relevant information, namely:

(i) a description of national structures and of links between national authorities in the field of accidental or
including focal points to be addressed in questions of emergency response;

deliberate marine pollution,

(ii) general information on existing teams and equipment for emergency response and clean-up, in particular:

— strike teams (seaborne) consisting of spill response vessels,
— strike teams (land-based) to combat shoreline pollution and to organise temporary storage as well as to

conduct actions for the rehabilitation of sensitive coastal areas,

— expert teams to carry out environmental monitoring of pollution and/or the impact of the combating

techniques used,

including chemical dispersion,

— other mechanical, chemical and biological means for combating pollution at sea and cleaning up coasts,

including systems for lightening of oil tankers,

— aircraft for aerial surveillance,
— location of stockpiles,
— emergency towage capacity,
— emergency number(s) for public use;

(iii) conditions for offering assistance.

Upon request the focal points will provide additional

information.

3. Each Member State will update its national home page(s), specified in point 2, as soon as changes have occurred.

4. Each Member State will provide the Commission with its information on operational emergency management to be
included in the Community operational loose-leaf booklet, including operational procedures for mobilisation and
operational contact points with their references, within six months from the date the Decision enters into force.

5. Each Member State will notify to the Commission at the earliest opportunity any change related to the information

contained in the loose-leaf booklet.

6. The Commission will make available to each Member State a copy of the loose-leaf booklet and provide any updating

to the Member States.

The models for the Community and national home pages and further guidance for the implementation of the Community
information system will be adopted in accordance with the procedure laid down in Article 4(2).

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ANNEX II

FINANCIAL ARRANGEMENTS FOR THE COMMUNITY CONTRIBUTION

Types of action

Financing arrangements

A. Actions 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 EUR 75 000 per
action.

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

2. Exchange of experts

the secondment of experts

Organisation of
to
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 such as
non-governmental organisations with specialist
expertise in accidental or deliberate marine pollu-
tion.
exchanges of Member States'
Organisation of
experts, enabling them to present or follow short
training courses or modules in another Member
State.

3. Exercises (1)

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.

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

4. Community Information System

Development
a modern
and maintenance of
computerised information system to help the
national authorities dealing with accidental or delib-
erate marine pollution by providing the information
needed for emergency management.

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

Projects designed to increase the Member States'
capacity for response and rehabilitation. These projects
are aimed mainly at improving means, techniques and
interest all or several
procedures. Their scope shall
Member States, and could include projects for the
implementation of new technologies related to acci-
dental
Projects
involving two or more Member States will be encour-
aged.

deliberate marine

pollution.

or

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 EUR 150 000.

C. Support and Information actions

1. Environmental

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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Types of action

Financing arrangements

2. Conferences and events (1)

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

3. Other support actions (1)

Actions for defining the state of the art, for the
development of principles and guidance for impor-
tant aspects of the accidental or deliberate marine
pollution and for the evaluations of the framework
for cooperation.

Measures to encourage the exchange of information
between the competent authorities on the risks
linked to dumped munitions, on the
areas
concerned (including mapping) and on measures to
be taken in response to an emergency.

4. Information

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

100 % financing.

100 % financing.

Publications, exhibition material and other informa-
tion to the public on the Community cooperation
in the field of accidental or deliberate marine pollu-
tion.

100 % financing.

D. Mobilisation 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 costs for
the experts' missions.

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