2005/884/EC: Council Decision of  2 December 2005  concerning the effects of the accession of the Czech Republic and the Republic of Poland to the European Union on the participation of the European Community in the Convention on the International Commission for the Protection of the Oder and the Convention on the International Commission for the Protection of the Elbe
Date: 2005-12-02
Institutions: Council of the European Union
Subjects: Czechia, Poland, accession to the European Union, international convention, pollution control measures, pollution of waterways, withdrawal from an agreement

13.12.2005

EN

Official Journal of the European Union

L 326/35

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 2 December 2005

concerning the effects of the accession of the Czech Republic and the Republic of Poland to the
European Union on the participation of the European Community in the Convention on the
the Oder and the Convention on the
International Commission for

the Protection of

International Commission for the Protection of the Elbe

(2005/884/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to the 2003 Act of Accession, and in particular
Article 57 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

The participation of the European Community in the
Convention on the International Commission for the
Protection of the Oder (1) and to the Convention on
the International Commission for the Protection of the
Elbe (2)
(hereinafter referred to as the Oder and Elbe
Conventions) was necessary because the two Conventions
were concluded with third countries and addressed
matters covered by Community environmental policy.

As from 1 May 2004, after the accession of the Czech
Republic and the Republic of Poland to the European
Union, all Contracting Parties to the Oder and Elbe
Conventions are Member States of the European Union.
Therefore, the basis for the Community’s consent to be
bound by such Conventions no longer exists. From this
moment,
the Community is no
longer necessary or justified.

the participation of

between the Contracting Parties. Upon accession,
the
the Oder and Elbe
underlying policy objectives of
Conventions may be achieved through the measures
laid down in Community legislation.

(4)

(5)

The 2003 Act of Accession has not specifically provided
for this situation and it is therefore necessary to adopt
the required measures in accordance with Article 57
thereof, which allows such omissions to be corrected.

It should be therefore made clear that, with effect of the
date of accession, the Community is no longer a party to
the Oder and Elbe Conventions and that certain tran-
sitory measures may need to be taken,

HAS ADOPTED THIS DECISION:

Article 1

1.
The European Community has ceased to be a party to the
Convention on the International Commission for the Protection
the Oder and to the Convention on the International
of
Commission for the Protection of
the Elbe with effect of
1 May 2004.

(3)

Moreover, the enlargement of the European Union has
had the effect of radically transforming the legal relations

(1) Decision 1999/257/EC (OJ L 100, 15.4.1999, p. 20).
(2) Decision 91/598/EEC (OJ L 321, 23.11.1991, p. 24).

2.
If appropriate, the Commission shall agree with the Czech
Republic, the Federal Republic of Germany and the Republic of
Poland solutions to any transitory problem which may result
from the end of the participation of the Community in the
Oder and Elbe Conventions.

L 326/36

EN

Official Journal of the European Union

13.12.2005

This Decision is addressed to the Czech Republic, the Federal Republic of Germany and the Republic of
Poland.

Article 2

Done at Brussels, 2 December 2005.

For the Council
The President

M. BECKETT