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 Regional Plans 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’) on Urban Wastewater Treatment and Sewage Sludge Management
Date: 2021-10-27
Institutions: Directorate-General for Environment, European Commission
Subjects: Mediterranean Sea, coastal region, international convention, marine environment, marine pollution, protocol to an agreement, sewage sludge, waste management, wastewater, water treatment

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   EUROPEAN COMMISSION  Brussels, 27.10.2021  COM(2021) 678 final 2021/0355 (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 Regional Plans 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’) on Urban Wastewater Treatment and Sewage Sludge Management  
 
 
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  Regional  Plans  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’) on Urban Wastewater Treatment and Sewage Sludge Management. 

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 wastes 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 

The  Contracting  Parties  to  the  Barcelona  Convention  and  its  Protocols  are  to  endorse  a 
Decision  adopting  Regional  Plans  in  the  framework  of  Article  15  of  the  LBS  Protocol  on 
Urban Wastewater Treatment and Sewage Sludge Management (‘the envisaged act’). 

The purpose of the envisaged act is to adopt two Regional Plans: a Regional Plan which will 
upgrade several aspects of the current Regional Plan on Urban Wastewater Treatment and a 
new  Regional  Plan  on  Sewage  Sludge  Management  (both  referred  to  hereafter  as  the 
‘Regional Plans’).  

1 

OJ L 322, 14.12.1999, p. 18–31. 

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

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The  envisaged  Regional  Plan  on  Urban  Wastewater  Treatment  substantively  enhances  over 
the previous Regional Plan on the Reduction of BOD5. In particular, Emission Limit Values 
(‘ELVs’)  have  been  expanded  to  cover  the  most  prominent  pollutants  discharged  by  treated 
wastewater, including reclaimed and industrial wastewater. 

The proposed measures under the new Regional Plan for Sewage Sludge Management cover: 
the  various  uses  of  sewage  sludge;  limit  values  for  pathogen  contents  and  heavy  metals  in 
biosolids for agricultural use; aspects related to sludge use for energy/nutrient recovery; and 
monitoring of quality of sewage sludge from wastewater treatment plants. 

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  Regional  Plans  in  the  framework  of  Article  15  of  the  LBS 
Protocol on Urban Wastewater Treatment and Sewage Sludge Management, 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 

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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 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. 

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2021/0355 (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 Regional Plans 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’) on Urban Wastewater 
Treatment and Sewage Sludge Management 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(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 Regional Plans in the framework 
of Article 15 of the LBS Protocol on Urban Wastewater Treatment and Sewage Sludge 
Management.  

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  envisaged  Decision  will  adopt  Regional  Plans  which  are  binding  on  the  Union 
according to Article 15(3) of the LBS Protocol.  

Since the purpose of the envisaged Regional Plans is to update requirements regarding 
protection of the Mediterranean Sea, modify the EU’s international commitments and 
ambitions  and  improve  protection  of  the  environment,  it  is  proposed  that  the  Union 
support the adoption of the Decision. 

HAS ADOPTED THIS DECISION: 

The position to be taken on the Union's behalf at the 22nd Meeting of the Contracting Parties 
to  the  Barcelona  Convention  and  its  Protocols  shall  be  to  support  adoption  of  the  Decision 
adopting Regional Plans in the framework of Article 15 of the Protocol for the Protection of 

Article 1 

2 

OJ L 322, 14.12.1999, p. 18–31. 

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the  Mediterranean  Sea  against  Pollution  from  Land-Based  Sources  (the  ‘LBS  Protocol’)  on 
Urban Wastewater Treatment and Sewage Sludge Management. 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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