2004/575/EC: Council Decision of 29 April 2004 on the conclusion, on behalf of the European Community, of the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea
Date: 2004-04-29
Institutions: Council of the European Union
Subjects: Mediterranean Sea, environmental cooperation, maritime surveillance, oil pollution, pollution control measures, pollution from ships, prevention of pollution

L 261/40

EN

Official Journal of the European Union

6.8.2004

COUNCIL DECISION

of 29 April 2004

on the conclusion, on behalf of the European Community, of the Protocol to the Barcelona
Convention for the Protection of the Mediterranean Sea against Pollution, concerning cooperation
in cases of emergency, combating pollution of the
in preventing pollution from ships and,

Mediterranean Sea

(2004/575/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity 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,

Having regard to the proposal from the Commission,

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

Whereas:

cooperation in response to pollution incidents and to
promote the implementation of the applicable interna-
tional regulations.

(6)

The Protocol, not affecting the right of Parties to adopt
relevant stricter measures in conformity with interna-
tional law, contains the measures needed to avoid there
being any incoherence with Community legislation
already in force in the areas covered by the Protocol.

(7)

The Community should therefore approve the Protocol,

(1)

(2)

(3)

(4)

(5)

European Community policy on the environment contri-
butes to the pursuit of objectives which include preser-
ving, protecting and improving the quality of the envir-
onment and promoting measures at international level
to deal with regional or worldwide environmental
problems.

and

77/585/EEC (2),

The European Community is a Contracting Party to the
Convention for the Protection of the Mediterranean Sea
against Pollution (Barcelona Convention), approved by
Decision
revision,
approved by Decision 1999/802/EC (3). The Community
is also a Contracting Party to four protocols of the
Protocol
Barcelona
concerning cooperation in combating pollution of the
Mediterranean Sea by oil and other harmful substances
in cases of emergency approved by Decision 81/420/
EEC (4).

Convention,

including

1995

the

its

The Commission took part, on behalf of
the Com-
munity, in the negotiations on the Protocol concerning
cooperation in preventing pollution from ships and, in
cases of emergency, combating pollution of the Mediter-
ranean Sea (the Protocol), on the basis of the negotiating
directives received from the Council on 25 January 2000.

On 25 January 2002 in Malta, the Community signed
the Protocol.

The Protocol updates the legal instruments of the Barce-
lona Convention, to include cooperation on the preven-
tion of pollution from ships, to make more effective

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol to the Barcelona Convention for the Protection of
the Mediterranean Sea against Pollution concerning cooperation
in preventing pollution from ships and, in cases of emergency,
combating pollution of
the Mediterranean Sea, hereinafter
referred to as ‘the Protocol’, is hereby approved on behalf of
the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered, on behalf of the European Com-
munity, to deposit with the Spanish Government the instru-
ment of approval of the Protocol, in accordance with the provi-
sions of Article 23 of the Protocol.

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL

(1) Opinion of 10 February 2004 (not yet published in the Official

Journal).

(2) OJ L 240, 19.9.1977, p. 1.
(3) OJ L 322, 14.12.1999, p. 32.
(4) OJ L 162, 19.6.1981, p. 4.