Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (the ‘Barcelona Convention’) on the adoption of a Decision to amend the Annex to the Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea (the ‘Dumping Protocol’)
Date: 2021-10-26
Institutions: Directorate-General for Environment, European Commission
Subjects: Mediterranean Sea, dumping of waste, environmental cooperation, environmental protection, international convention, marine pollution, pollution control measures, protocol to an agreement, revision of an agreement

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 26.10.2021  COM(2021) 666 final 2021/0346 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (the ‘Barcelona Convention’) on the adoption of a Decision to amend the Annex to the Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea (the ‘Dumping Protocol’)  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal aims at establishing the position to be taken on the Union's behalf in the 22nd 
Meeting of the Contracting Parties to the Convention for the Protection of the Mediterranean 
Sea against Pollution (the ‘Barcelona Convention’) and its Protocols  in  connection with  the 
envisaged adoption of a Decision amending the Annex to the Protocol for the Prevention and 
Elimination  of  Pollution  of  the  Mediterranean  Sea  by  Dumping  from  Ships  and  Aircraft  or 
Incineration at Sea (the ‘Dumping Protocol’) . 

2. 

2.1. 

CONTEXT OF THE PROPOSAL 

The  Protocol  for  the  Prevention  and  Elimination  of  Pollution  of  the 
Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea  

The  Barcelona  Convention  and  its  seven  Protocols  adopted  as  part  of  the  Mediterranean 
Action  Plan  constitute  the  principal  regional  legally  binding  multilateral  environmental 
agreement for the Mediterranean Sea. 

The Dumping Protocol is one of the seven Protocols of the Barcelona Convention. It aims to 
take  all  appropriate  measures  to  prevent,  abate  and  eliminate  to  the  fullest  extent  possible 
pollution of the Mediterranean Sea by the dumping of wastes or other matter. 
The European Union is a party to the Dumping Protocol1.  

2.2. 

The  Meeting  of  the  Contracting  Parties  to  the  Barcelona  Convention  and  its 
Protocols   

The Meeting of the Contracting Parties to the Barcelona Convention and its Protocols brings 
together  Ministers  and  senior  officials  representing  all  Contracting  Parties  to  the  Barcelona 
Convention and its Protocols. 

According to Article 15 of the Dumping Protocol, the provisions of the Barcelona Convention 
relating to any Protocol shall apply with respect to this Protocol.  

According to Article 25 of the Barcelona Convention, the European Union (‘the Union’) shall 
exercise its  right  to  vote with  a number of votes equal  to  the number of  its Member States, 
which  are  Contracting  Parties  to  this  Convention  and  to  one  or  more  protocols.  The  Union 
shall not exercise its right to vote when its Member States exercise theirs and conversely.  

2.3. 

The  envisaged  act  of  the  22nd  Meeting  of  the  Contracting  Parties  to  the 
Barcelona Convention and its Protocols 

During  its  22nd  meeting  on  7-10  December  2021,  the  Contracting  Parties  to  the  Barcelona 
Convention  and  its  Protocols  are  to  adopt  a  Decision  amending  the  Annex  to  the  Dumping 
Protocol  concerning  the  protection  of  the  Mediterranean  Sea  to  the  fullest  extent  from 
possible pollution by the dumping of wastes or other matter (‘the envisaged act’). 

The purpose of the envisaged act is to amend the Annex of the Dumping Protocol on factors 
to  be  considered  in  establishing  criteria  governing  the  issue  of  permits  for  the  dumping  of 
matter  at  sea  taking  into  account  Article  6  of  the  Protocol.  These  amendments  take  into 
consideration  the provisions  of the 1972  London Convention and its  1996 Protocol,  both  of 
which considered the global instruments regulating the dumping of wastes and other matter in 

1 

OJ L 240, 19.9.1977, p. 1–2. 

EN 

1 

  EN 

                                                 
the sea, as well as the Marine Strategy Framework Directive (MSFD), where applicable and 
the ecosystem-based approach. 

The  amendments  to  the  Annex  to  the  Dumping  Protocol  will  be  binding  on  the  Union  in 
accordance with Article 29 of the Barcelona Convention.   

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The need for protection of marine biodiversity and ecosystems in the Mediterranean Sea has 
been repeatedly recognised. 

The purpose of the envisaged act is to amend the Annex to the Dumping Protocol on factors 
to  be  considered  in  establishing  criteria  governing  the  issue  of  permits  for  the  dumping  of 
matter  at  sea  taking  into  account  Article  6  of  the  Protocol.  These  amendments  take  into 
consideration  the  1972  London  Convention  and  its  1996  Protocol,  seen  as  the  global 
instruments  regulating the dumping of  wastes  and other matter in  the sea, and on the other, 
where  applicable,  of  those  of  the  Marine  Strategy  Framework  Directive  and  its  ecosystem-
based approach. 

In view of the 22nd meeting of the Contracting Parties to the Barcelona Convention and its 
Protocols, a Union position is necessary on the envisaged act since it will amend the Annex to 
the Dumping Protocol which will be binding on the Union in accordance with Article 29 of 
the Barcelona Convention. Given that the amendments to the Annex will update requirements 
regarding the protection of the Mediterranean Sea, modify Union international commitments 
and ambitions and improve the protection of the environment,  it is  proposed that the Union 
support the adoption of the envisaged act. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. 

4.1.2.  Application to the present case 

The  Meeting  of  the  Contracting  Parties  to  the  Barcelona  Convention  and  its  Protocols  is  a 
body set up by an agreement, i.e. the Barcelona Convention. 

The envisaged act will amend the Annex to one of the protocols to the Barcelona Convention, 
i.e. the Dumping Protocol. Therefore its adoption constitutes an act having legal effects.  

The envisaged act does not supplement or amend the institutional framework of the Barcelona 
Convention and its protocols. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

EN 

2 

  EN 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The main objective and content of the envisaged act relates to protection of the environment. 

Therefore, the substantive legal basis of the proposed decision is 192(1) TFEU. 

4.3. 

Conclusion 

The legal basis of the proposed decision should be 192(1) TFEU, in conjunction with Article 
218(9) TFEU. 

EN 

3 

  EN 

2021/0346 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the Convention for the 
Protection of the Marine Environment and the Coastal Region of the Mediterranean 
(the ‘Barcelona Convention’) on the adoption of a Decision to amend the Annex to the 
Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by 
Dumping from Ships and Aircraft or Incineration at Sea (the ‘Dumping Protocol’) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular its 
Article 192(1), read in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Protocol  of  the  Convention  for  the  Protection  of  the  Mediterranean  Sea  against 
Pollution (the ‘Barcelona Convention’) for the Prevention and Elimination of Pollution 
of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea 
(the  ‘Dumping  Protocol’)  was  concluded  by  the  Union  by  Council  Decision 
77/585/EEC2 and entered into force on 15 April 1978.  

Pursuant  to  Article  18  of  the  Barcelona  Convention,  the  Meeting  of  the  Contracting 
Parties to  the  Barcelona  Convention and its Protocols  may adopt  amendments to  the 
protocols of the Convention. 
During  their  22nd  meeting  on  7-10  December  2021,  the  Contracting  Parties  to  the 
Barcelona Convention and its Protocols are to adopt a Decision amending the Annex 
to the Dumping Protocol on factors to be considered in establishing criteria governing 
the issue of permits for the dumping of matter at sea taking into account Article 6 of 
the Protocol. 

It  is  necessary  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
Meeting of the Contracting Parties to the Barcelona Convention and its Protocols, as 
the Decision will adopt amendments to  the Annex to the Dumping Protocol that will 
be binding on the Union. 

Since the envisaged amendments to the Annex will update requirements regarding the 
protection  of  the  Mediterranean  Sea,  affect  Union  international  commitments  and 
ambitions and improve the protection of the environment, it is proposed that the Union 
support the adoption of the Decision. 

2 

OJ L 240, 19.9.1977, p. 1–2. 

EN 

4 

  EN 

 
                                                 
HAS ADOPTED THIS DECISION: 

Article 1 
The position to be taken on the Union's behalf in the 22nd Meeting of the Contracting Parties 
to the Barcelona Convention and its Protocols shall be to support the adoption of the Decision 
amending  the  Annex  to  the  Protocol  for  the  Prevention  and  Elimination  of  Pollution  of  the 
Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea (the ‘Dumping 
Protocol’). 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

EN 

5 

  EN