Proposal for a Council Decision concerning the conclusion, 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: 2009-08-27
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, 27.8.2009 
COM(2009) 436 final 

2009/0120 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion, 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 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.  The  Council  Decision  on  the  signing,  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  was  adopted  on  12 
December  2008.  The  Additional  Protocol  was  co-signed  on  behalf  of  the  European 
Community  by  the  Czech  Presidency  and  the  Head  of  the  European  Commission 
Representation in Portugal on 25 March 2009. 

4.  It  is  therefore  appropriate  for  the  Community  to  conclude  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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2009/0120 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion, 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) 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, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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) approved by Council Decision 93/550/EEC of 20 October 19931. 

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 Lisbon Agreement modifying Article 3 (c) thereof. 

Following  the  adoption  of  the  Council  Decision  on  the  signing,  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 on 
12 December 2008, the Additional Protocol was signed, on behalf of the Community, 
on 25 March 2009. 

The Additional Protocol to the Lisbon Agreement is open to ratification, acceptance or 
approval  by  the  Parties.  The  Community  and  the  Member  States  should  take  the 
necessary  steps  to  allow  the  deposit,  as  far  as  possible  simultaneously,  of  the 
instruments of ratification, acceptance or approval. 

It is therefore appropriate for  the Community to conclude the Additional Protocol to 
the Cooperation Agreement for the Protection of the Coasts and Waters of North-East 
Atlantic against Pollution, 

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OJ L 267, 28.10.1993, p. 20. 

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HAS DECIDED AS FOLLOWS:  

Article 1 

The Additional Protocol  to  the  Cooperation Agreement for the  Protection  of the  Coasts and 
Waters  of  the  North-East  Atlantic  against  Pollution  is  hereby  approved  on  behalf  of  the 
European Community. 

The text of the Additional Protocol is set out in Annex to this Decision. 

Article 2 

1.  The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  or  persons 
empowered  to  deposit,  on  behalf  of  the  European  Community,  the  instrument  of  approval 
with the Government of Portugal, in accordance with Article 3 (1) of the Additional Protocol. 

2.  The  European  Community  and  Member  States  parties  to  the  Cooperation  Agreement  for 
the  Protection  of  the  Coasts  and  Waters  of  the  North-East  Atlantic  against  Pollution  shall 
endeavour to deposit simultaneously, to the extent possible, their instruments of ratification, 
acceptance or approval of the Additional Protocol. 

Article 3 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Additional Protocol to the Cooperation Agreement for the Protection of the Coasts and 

Waters of the North-East Atlantic against Pollution 

The  Portuguese  Republic,  the  Kingdom  of  Spain,  the  French  Republic,  the  Kingdom  of 

Morocco and the European Community, hereinafter referred to as ‘the Parties’, 

Aware  of  the  need  to  protect  the  environment  in  general  and  the  marine  environment  in 

particular, 

Recognising  that  pollution  of  the  North-East  Atlantic  Ocean  by  hydrocarbons  and  other 

harmful substances may threaten the marine environment and the interests of coastal States, 

Taking  into  account  the  need  to  facilitate  the  rapid  entry  into  force  of  the  Cooperation 

Agreement  for  the  Protection  of  the  Coasts  and  Waters  of  the  North-East  Atlantic  against 

Pollution,  done  at  Lisbon  on  17  October  1990,  hereinafter  referred  to  as  'the  Lisbon 

Agreement', 

Have agreed as follows: 

Article 1 

Amendment to the Lisbon Agreement 

Article 3(c) of the Cooperation Agreement for the Protection of the Coasts and Waters of the 

North-East  Atlantic  against  Pollution,  done  at  Lisbon  on  17  October  1990  (‘the  Lisbon 

Agreement') is amended as follows: 

"c) to the South by the Southern limit of the waters covered by the sovereignty or jurisdiction 

of any of the Parties." 

Article 2 

Relationship between the Lisbon Agreement and the Additional Protocol 

This Protocol amends the Lisbon Agreement in accordance with the provisions of the 

previous Article and, in respect of the Parties to the Protocol, the Agreement and the 

Additional Protocol must be interpreted and applied as a single instrument. 

Article 3 

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Consent to be bound and entry into force 

1. This Protocol shall be submitted to the Parties for ratification, acceptance or approval, and 

the  respective  instruments  shall  be  deposited  with  the  Government  of  the  Portuguese 

Republic. 

2.  This  Protocol  shall  enter  into  force  on  the  date  on  which  the  Government  of  the 

Portuguese Republic receives the final instrument of ratification, acceptance or approval. 

3. No Party may indicate its consent to be bound by this Protocol without having previously 

or  concurrently  indicated  its  consent  to  be  bound  by  the  Lisbon  Agreement  in  accordance 

with the provisions of Article 22. 

4. Following the entry into force of this Protocol, any accession to the Lisbon Agreement in 

accordance with the procedure laid down in Articles 23 and 24 shall also indicate consent to 

be bound by this Protocol, the Parties being bound by the Lisbon Agreement as amended by 

Article 1 of this Protocol. 

In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. 

Done  at  Lisbon  on  the  twentieth  day  of  May  2008,  in  the  Arabic,  Spanish,  French  and 

Portuguese languages, the French text being authentic in the event of divergence. 

FOR THE PORTUGUESE REPUBLIC 

FOR THE KINGDOM OF SPAIN 

FOR THE FRENCH REPUBLIC 

FOR THE KINGDOM OF MOROCCO 

FOR THE EUROPEAN COMMUNITY 

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