Proposal for a Council Decision concerning the signature, on behalf of the European Community, of the Additional Protocol to the Cooperation Agreement for the Protection of the Coasts and Waters of the North-East Atlantic against Pollution
Date: 2008-10-09
Institutions: European Commission
Subjects: Atlantic Ocean, cooperation agreement, dangerous substance, marine pollution, oil pollution, pollution control measures

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.10.2008 
COM(2008)625 final 

Proposal for a 

COUNCIL DECISION 

concerning the signature, on behalf of the European Community, of the Additional 
Protocol to the Cooperation Agreement for the Protection of the Coasts and Waters of 
the North-East Atlantic against Pollution 

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EXPLANATORY MEMORANDUM 

1. The European Community is a party to regional agreements on accidental marine pollution, 
such as the Bonn Agreement, the Barcelona Convention and the Helsinki Convention, which 
facilitate mutual assistance and cooperation between Member States in this field in the North, 
Mediterranean and Baltic Seas. After tanker ship Aragon caused a major oil spill off the coast 
of  Madeira  in  1990,  Portugal  initiated  the  Cooperation  Agreement  for  the  Protection  of  the 
Coasts  and  Waters  of  the  North-East  Atlantic  against  Pollution  (Lisbon  Agreement),  which 
creates  a  mechanism  to  ensure  the  cooperation  between  the  Contracting  Parties  in  case  of 
pollution  accidents,  and  obliges  them  to  establish  and  implement  their  own  emergency 
structures and plans. It applies to the north-east region of the Atlantic Ocean, defined by the 
external  boundary  of  the  Exclusive  Economic  Zone  of  each  Contracting  State,  and  by  the 
boundaries  of  other  regional  agreements  such  as  the  Agreement  for  cooperation  in  dealing 
with pollution  of the North Sea by oil and other harmful substances (Bonn Agreement)  and 
the  Convention  for  the  protection  of  the  Mediterranean  Sea  against  pollution  (Barcelona 
Convention).  

2.  The  Lisbon  Agreement  was  signed  on  17  October  1990  by  Portugal,  Spain,  France, 
Morocco  and  the  European  Community.  Although  ratification  followed  by  Portugal,  France 
and  the  European  Community,  a  political  dispute  over  the  borders  in  Western  Sahara 
prevented Spain and Morocco from ratifying the Agreement because of Article 3 (c) on the 
geographical scope of the Agreement, which stipulated: "to the south by the southern limit of 
the waters covered by the sovereignty or jurisdiction of the Kingdom of Morocco."  

3.  After  agreement  was  reached  on  an  Additional  Protocol  amending  Article  3  (c)  of  the 
Lisbon  Agreement,  the  Protocol  was  signed  by  Portugal,  Spain,  France  and  Morocco  on  20 
May  2008  in  Lisbon.  The  Community  was  invited  to  sign  the  Protocol  together  with  other 
contracting parties.  

In  view  of  the  above,  it  is  appropriate  for  the  Community  to  sign,  subject  to  subsequent 
conclusion,  the  Additional  Protocol  to  the  Cooperation  Agreement  for  the  Protection  of  the 
Coasts and Waters of the North-East Atlantic against Pollution. 

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Proposal for a 

COUNCIL DECISION 

concerning the signature, on behalf of the European Community, of the Additional 
Protocol to the Cooperation Agreement for the Protection of the Coasts and Waters of 
the North-East Atlantic against Pollution 

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  the  first  subparagraph  of  Article  300  (2), 
thereof, 
Having regard to the proposal from the Commission1 

Whereas: 

(1) 

(2) 

(3) 

The  Community  is  a  Party  to  the  Cooperation  Agreement  for  the  Protection  of  the 
Coasts  and  Waters  of  the  North-East  Atlantic  against  Pollution  (the  Lisbon 
Agreement)2; 

A  political  dispute  over  the  borders  in  Western  Sahara  had  prevented  Spain  and 
Morocco from ratifying the Lisbon Agreement. This dispute was now resolved by the 
Additional Protocol to the Cooperation Agreement for the Protection of the Coasts and 
Waters  of  the  North-East  Atlantic  against  Pollution  modifying  Article  3  (c)  of  the 
Lisbon Agreement; 

It  is  appropriate  that  the  Additional  Protocol  to  the  Cooperation  Agreement  for  the 
Protection  against  Pollution  of  the  Coasts  and  Waters  of  North-East  Atlantic  against 
Pollution be signed, on behalf of the Community, subject to subsequent conclusion; 

HAS DECIDED AS FOLLOWS: 

Sole Article 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  or  persons 
empowered  to  sign  on  behalf  of  the  Community,  subject  to  subsequent  conclusion,  the 
Additional Protocol to the Cooperation Agreement for the Protection of the Coasts and Waters 
of  the  North-East  Atlantic  against  Pollution, and  to  confer  upon  them  the  powers  necessary 
for that purpose. 

Done at Brussels,  

For the Council 
The President 

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Council Decision 93/550/EEC of 20 October 1993 

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