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 adopt the amendments to the Regional Plan on Marine Litter Management in the Mediterranean in the framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (the ‘LBS Protocol’)
Date: 2021-10-27
Institutions: Directorate-General for Environment, European Commission
Subjects: Mediterranean Sea, dumping of waste, environmental cooperation, environmental protection, international convention, pollution control measures, pollution from land-based sources, protocol to an agreement, revision of an agreement

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 27.10.2021  COM(2021) 677 final 2021/0354 (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 adopt the amendments to the Regional Plan on Marine Litter Management in the Mediterranean in the framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (the ‘LBS Protocol’)  
 
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the position to be taken on the Union's behalf at the 22nd Meeting of 
the Contracting Parties to the Convention for the Protection of the Marine Environment and 
the Coastal Region of the Mediterranean (the ‘Barcelona Convention’) and its Protocols on a 
decision  to  adopt  amendments  to  the  Regional  Plan  on  Marine  Litter  Management  in  the 
Mediterranean  in  the  framework  of  Article  15  of  the  Protocol  for  the  Protection  of  the 
Mediterranean Sea against Pollution from Land-Based Sources (the ‘LBS Protocol’). 

2. 

2.1. 

CONTEXT OF THE PROPOSAL 

The Convention for the Protection of the Marine Environment and the Coastal 
Region of the Mediterranean and its Protocols 

The  Barcelona  Convention  and  its  seven  Protocols  adopted  in  the  framework  of  the 
Mediterranean  Action  Plan  constitute  the  principal  regional  legally  binding  Multilateral 
Environmental Agreement for the Mediterranean Sea. 

The Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based 
Sources  (the  ‘LBS  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 dumping of waste or other matter. 
The European Union is a party to the LBS Protocol (amended)1.  

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. The Contracting Parties will meet between 7 and 10 December 
2021 in Antalya, Turkey. 

According  to  Article  25  of  the  Barcelona  Convention,  the  European  Union  (the  ‘EU’)  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 of its Protocols. The EU 
shall not exercise its right to vote when its Member States exercise theirs and conversely.  

According to Article 15, paragraph 1, of the LBS Protocol, decisions on the adoption of action 
plans,  programme  and  measures  shall  be  made  by  a  two-thirds  majority  of  the  Contracting 
Parties present and voting.  

2.3. 

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

At the next Ministerial meeting, the Contracting Parties to the Barcelona Convention and its 
Protocols are to adopt a Decision adopting amendments to the Regional Plan on Marine Litter 
Management in the Mediterranean in the framework of Article 15 of the  LBS Protocol (‘the 
envisaged act’). 

The Regional Plans will be binding on the Union in accordance with Article 15, paragraph 3 
of the LBS Protocol.   

1 

OJ L 322, 14.12.1999, p. 18–31. 

EN 

1 

  EN 

 
                                                 
3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

Acting on the reduction of Marine Litter is an essential element of  Union legislation for the 
protection of marine environment, its biodiversity and its ecosystems. 

In  line  with  SGD  14  and  the  Naples  Declaration,  the  envisaged  act  will  provide  new 
definitions  and will expand the scope of measures in four key  areas (economic instruments, 
circular  economy of plastics,  and land-based and sea-based sources of marine litter).  As of 
2025, the act also requires the adoption of prevention measures to achieve a circular economy 
for plastics, in particular by phasing out the consumption and production of certain single use 
plastic  items,  and  by  restricting  the  use  of  certain  chemical  additives  of  concern  in  plastic 
production (in line with the Stockholm Convention).  

A  Union  position  is  necessary  because  of  the  legally  binding  effects  of  the  envisaged 
proposal.   

The proposal  is  in  line with  the Union’s  ambition under the Green Deal to  reduce pollution 
and improve protection of the environment. It is therefore 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, namely the Barcelona Convention. 

The envisaged act will adopt amendments to the Regional Plan on Marine Litter Management 
in the Mediterranean, and 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. 

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. 

EN 

2 

  EN 

 
4.2.2.  Application to the present case 

The main objective and content of the envisaged act relate 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 

 
2021/0354 (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 adopt the amendments to 
the Regional Plan on Marine Litter Management in the Mediterranean in the 
framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea 
against Pollution from Land-Based Sources (the ‘LBS Protocol’) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article192(1), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  amended  Protocol  for  the  Protection  of  the  Mediterranean  Sea  against  Pollution 
from  Land-Based  Sources  and  Activities  (the  ‘LBS  Protocol’)  was  concluded  by  the 
Union by Council Decision 1999/801/EC2 and entered into force on 11 May 2008.  

Pursuant to Article 15 of the LBS Protocol, the Meeting of the Contracting Parties to 
the  Barcelona  Convention  and  its  Protocols  may  adopt  regional  action  plans 
containing measures and timetables for their implementation. 

During  their  22nd  meeting  on  7-10  December  2021,  the  Contracting  Parties  to  the 
Barcelona Convention and its Protocols are to adopt amendments to the Regional Plan 
on Marine Litter Management in the Mediterranean in the framework of Article 15 of 
the LBS Protocol. The envisaged act will provide new definitions and will expand the 
scope  of  measures  in  four  key  areas  (economic  instruments,  circular  economy  of 
plastics, and land-based and sea-based sources of marine litter).   

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  Regional  Plan  on  Marine  Litter 
Management in the Mediterranean which is binding on the Union according to Article 
15, paragraph 3 of the LBS Protocol. 

Since  the  envisaged  Regional  Plan  is  in  line  with  the  Union’s  ambition  to  reduce 
pollution  and  improve  protection  of  the  environment,  it  is  proposed  that  the  Union 
support the adoption of the Decision. 

2 

OJ L 322, 14.12.1999, p. 18–31. 

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 
to  amend  the  Regional  Plan  on  Marine  Litter  Management  in  the  Mediterranean  in  the 
framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea against 
Pollution from Land-Based Sources (the ‘LBS Protocol’). 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

EN 

5 

  EN