Proposal for a Council Decision establishing the position to be adopted on behalf of the European Community with regard to the proposal for the adoption of Regional action plans in the framework of the implementation of Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities.
Date: 2009-10-08
Institutions: European Commission
Subjects: Mediterranean Sea, Protocol (EU), action programme, environmental protection, marine pollution, pollution from land-based sources, regional policy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.10.2009 
COM(2009)537 final 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Community with 
regard to the proposal for the adoption of Regional action plans in the framework of the 
implementation of Article 15 of the Protocol for the Protection of the Mediterranean Sea 
against Pollution from Land-Based Sources and Activities. 

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EXPLANATORY MEMORANDUM 

The Community and the Member States bordering the Mediterranean Sea are Parties 
to  the  Convention  for  the  Protection  of  the  Marine  Environment  and  the  Coastal 
Region  of  the  Mediterranean  (the  Barcelona  Convention),  and  its  Protocol  for  the 
Protection of the Mediterranean Sea Against Pollution from Land-Based Sources and 
Activities.  

Environmental protection and in particular the protection of waters against pollution, 
which is the subject-matter of the Convention and the Protocol, are largely regulated 
by  Community  legislation  (e.g.  Water  Framework  Directive,  Urban  Waste  Water 
Treatment Directive or Marine Strategy Framework Directive). Since the Convention 
and  the  Protocol  create  rights  and  obligations  in  this  field,  there  is  a  Community 
interest  to  ensure  consistency  between  the  objectives  of  Community  policy  and 
legislation and the commitments entered into under these instruments. 

The Land-based Sources Protocol, entered into force on 11 May 2008, provides for 
the adoption by the Convention of Regional action plans to eliminate pollution from 
land-based sources and activities. As laid down in Art 15 of the Protocol, once the 
Regional actions plans are adopted by the meeting of the Parties, their measures and 
timetables will become binding. 

Three  draft  proposals  for  Regional  action  plans  (for  BOD5  reduction,  for  DDT  and 
for  seven  other  substances  that  possess  toxic  properties,  resist  degradation,  bio-
accumulate  and  are  transported  widely)  have  been  considered  and  approved  within 
MED POL, the relevant technical body in charge of pollution of the Convention. The 
legal concepts relating to waste build on the leading international agreements in the 
field,  and  in  particular  the  Basel  Convention  on  the  Control  of  Transboundary 
Movements of Hazardous Wastes and Their Disposal and the Stockholm Convention 
on Persistent Organic Pollutants.  

Provisions  contained  in  the  proposed  plans  stem  mainly  from  International 
Agreements  to  which  the  Community  and  its  Member  States  are  Parties  and  their 
implementation should not entail changes for the concerned policies and instruments 
within  the  EU,  given  the  combined  application  of  all  relevant  EU  legislation, 
including  the  Urban  Waste  Water  Treatment  Directive,  in  conjunction  with  the 
requirements of the Bathing Water Directive and the Water Framework Directive. 

In view of the above, at the 16th Ordinary Meeting of the Contracting Parties of the 
Barcelona  Convention,  to  be  held  in  Marrakech  in  3-5  November  2009,  the 
Community  should  support  the  adoption  of  the  above  mentioned  Regional  action 
plans in the framework of the implementation of the Land-Based Sources Protocol. 

Since  the  decisions  to  be  adopted  by  the  Meeting  of  the  Parties  will  have  legal 
effects, the Community should adopt a position in accord with TEC Art 300.2.2. It is 
therefore  needed  that  the  Council  adopts  a  decision,  based  on  a  proposal  from  the 
Commission.  The  European  Parliament  shall  be  immediately  and  fully  informed  of 
the establishment of the Community position, as requested by TEC Art 300.3.3. 

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Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Community with 
regard to the proposal for the adoption of Regional action plans in the framework of the 
implementation of Article 15 of the Protocol for the Protection of the Mediterranean Sea 
against Pollution from Land-Based Sources and Activities. 

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 second subparagraph of Article 300 (2), thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Community and the Members States bordering the Mediterranean Sea are Parties 
to  the  Convention  for  the  Protection  of  the  Marine  Environment2  and  the  Coastal 
Region of the Mediterranean, and its Protocol for the Protection of the Mediterranean 
Sea Against Pollution from Land-Based Sources and Activities;3 

Environmental  protection  is  in  very  large  measure  regulated  by  Community 
legislation, including with regard to the protection of water against pollution. Since the 
Convention  and  the  Protocol  create  rights  and  obligations  in  this  field,  there  is  a 
Community  interest  to  ensure  consistency  between  the  objectives  of  Community 
policy and legislation and the commitments entered into under these instruments; 

The Land-based Sources Protocol, entered into force on 11 May 2008, provides for the 
adoption  by  the  meeting  of  the  Parties  of  Regional  action  plans  and  programmes, 
including  measures  and  timetables,  to  eliminate  pollution  deriving  from  land-based 
sources  and  activities.  When  plans  are  adopted  by  the  Meeting  of  the  Parties  of  the 
Convention,  their  measures  and  timetables  will  become  binding  on  the  one  hundred 
and eightieth day following the day of notification for the Parties; 

Three  draft  Regional  action  plans  (on  BOD5  reduction,  on  phasing  out  DDT  and  on 
seven  other  substances  that  possess  toxic  properties,  resist  degradation,  bio-
accumulate and are transported widely) have been formulated by the body designated 
by  the  Parties  as  responsible  to  prepare  the  Meeting  of  the  Parties,  and  have  been 
considered and approved by the relevant technical body of the Convention; 

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OJ C , , p. . 
OJ L 240, 19.9.1977, p. 1-2 and OJ L 322 , 14.12.1999, p. 32-33 
OJ L 322, 14.12.1999, p. 18–31 

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(5) 

At  the  16th  Ordinary  Meeting  of  the  Contracting  Parties  of  the  Convention  for  the 
Protection  of  the  Marine  Environment  and  the  Coastal  Region  of  the  Mediterranean, 
the  Community  and  the  Member  States  should  cooperate  closely  to  ensure  that  the 
Regional action plans finally adopted are compatible with Community law; 

(6) 

The adoption of the proposed Regional action plans should therefore be supported; 

HAS DECIDED AS FOLLOWS: 

Sole Article 

At the 16th Ordinary Meeting of the Contracting Parties of the Convention for the Protection 
of  the  Marine  Environment  and  the  Coastal  Region  of  the  Mediterranean,  the  Community 
should support the adoption of the Regional Plans on the reduction of BOD5 from urban waste 
water,  the  elimination  of  Aldrin,  Chlordane,  Dieldrin,  Endrin,  Heptachlor,  Mirex  and 
Toxaphene and the phasing out of DDT, in the framework of the implementation of Article 15 
of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based 
Sources and Activities. 

Done at Brussels,  

For the Council 
The President 

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