Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the 24th meeting of the Conference of the Parties to the Barcelona Convention for the Protection of the Mediterranean Sea Against Pollution and its Protocols
Date: 2025-10-28
Institutions: Directorate-General for Environment, European Commission
Subjects: Mediterranean Sea, biodiversity, coastal region, international convention, marine environment, pollution from land-based sources, protected area, protocol to an agreement, revision of an agreement, rules of procedure

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   EUROPEAN COMMISSION  Brussels, 28.10.2025  COM(2025) 656 final 2025/0333 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the 24th meeting of the Conference of the Parties to the Barcelona Convention for the Protection of the Mediterranean Sea Against Pollution and its Protocols   
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision on the position to be taken on the Union's behalf  at the 
24th  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 planned adoption of the following decisions: 

• 

• 

• 

• 

2. 

2.1. 

decision amending Annexes II and III to the Protocol concerning Specially Protected 
Areas and Biological Diversity in the Mediterranean; 

decision  reviewing  the  areas  included  in  the  Specially  Protected  Areas  of 
Mediterranean Importance (SPAMI) List and updating the regional action plans and 
strategies  adopted  under  the  Protocol  concerning  Specially  Protected  Areas  and 
Biological Diversity in the Mediterranean; 

decision revising the reporting format for Articles 6, 7, 11 and 15 of the Protocol for 
the Protection of the Mediterranean Sea against Pollution from Land-Based Sources 
and Activities; 

decision  updating  the  rules  of  procedure  of  the  Barcelona  Convention  Compliance 
Committee. 

CONTEXT OF THE PROPOSAL 

Barcelona  Convention  and  its  Protocols  concerning  Specially  Protected  Areas 
and  Biological  Diversity  in  the  Mediterranean  and  for  the  Protection  of  the 
Mediterranean Sea against Pollution from Land-Based Sources and Activities 

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

The  Protocol  concerning  Specially  Protected  Areas  and  Biological  Diversity  in  the 
Mediterranean  (the  ‘SPA/BD  Protocol’)  is  a  legal  framework  under  the  Barcelona 
Convention aimed at conserving marine and coastal biodiversity in the Mediterranean region 

The Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based 
Sources  and  Activities  (the  ‘LBS  Protocol’)  is  a  legal  framework  under  the  Barcelona 
Convention aimed at taking all appropriate measures to prevent, abate, combat and eliminate 
pollution  from  rivers,  coastal  establishments,  outfalls  or  any  other  land-based  sources  and 
activities. 

The European Union is a party to the Barcelona Convention as well as the above protocols.   

2.2.  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.  

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According to Article 18(2)(iii) of the Barcelona Convention, the Meeting of the Contracting 
Parties can amend any of the protocols (according to the procedure set out in Article 23 of the 
Barcelona Convention) as required. 

Pursuant 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.  

Pursuant to Article 22 of the Barcelona Convention, amendments to a protocol shall be 
adopted by a three-fourths majority vote of the contracting parties to the protocol concerned.  

2.3. 

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

At the 24th Meeting of the Contracting Parties to the Barcelona Convention and its Protocols, 
including 
on  2-5  December  2025,  several  decisions  are  expected 
decisionsregarding the amendment of Annexes II and III of the SPA/BD Protocol; the update 
of  regional  action  plans  and  strategies  adopted  under  that  same  Protocol  including  the 
endorsement of the Post-2020 Strategic Action Programme for the Conservation of Biological 
Diversity  and  Sustainable  Management  of  Natural  Resources  in  the  Mediterranean  region 
(SAPBIO); the revision of the Reporting Format for the LBS Protocol and the update of the 
Rules  of  Procedure  of  the  Barcelona  Convention  Compliance  Committee  (‘the  envisaged 
acts’). 

to  be  adopted, 

The purpose of the first envisaged act is to amend Annexes II and III of the SPA/BD Protocol, 
to  include  three  species  of  cartilaginous  fishes  and  six  species  of  sponges  in  Annex  II 
establishing  the  "List  of  endangered  or  threatened  species”,  and  to  move  four  cartilaginous 
fishes  from  Annex  III  establishing  the  “List  of  species  whose  exploitation  is  regulated”  to 
Annex II of the Protocol.   

The  purpose  of  the  second  envisaged  act  is,  first,  the  ordinary  periodic  and  extraordinary 
review  of  the  areas  included  in  the  SPAMI  List  and,  second,  an  update  the  regional  action 
plans and strategies1 adopted under the SPA/BD Protocol, taking into account the Post-2020 
Strategic  Action  Programme  for  the  Conservation  of  Biological  Diversity  and  Sustainable 
Management of Natural Resources in the Mediterranean Region.  

The purpose of the third envisaged act is to revise the Reporting Format for Articles 6, 7, 11, 
and 15 of the LBS Protocol, that has been previously established in accordance with Article 
26 of the Barcelona Convention, as reporting on the implementation of the Convention and its 
Protocols is mandatory. The new reporting format is to be adopted following the adoption of a 
series  of  regional  management  plans  by  the  22nd  and  23rd  Conference  of  the  Parties  in 
December 2021 and December 20232, respectively. 

1 
Namely  (i)  the  Action  Plan  for  the  Conservation  of  the  Coralligenous  and  Other  Calcareous  Bio-
concretions in the Mediterranean Sea, (ii) the Action Plan for the Conservation of Mediterranean Marine Turtles, 
(iii) the Action Plan for the Conservation of Cartilaginous Fishes (Chondrichthyans) in the Mediterranean Sea, 
and (iv) the Regional Strategy for the Conservation of Monk Seal in the Mediterranean Sea. 
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Sewage Sludge; 3) Marine Litter; 4) Agriculture; 5) Aquaculture; and 6) Urban Stormwater. 

Namely  the Mediterranean  Regional Plans  for the  management of 1) Urban Wastewater Treatment 2) 

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The purpose of the fourth envisaged act is to update the Rules of Procedure of the Barcelona 
Convention  Compliance  Committee,  to  align  them  with  the  revised  Procedures  and 
Mechanisms on Compliance under the Barcelona Convention and its Protocols. 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The  need  to  protect  marine  biodiversity  and  ecosystems  in  the  Mediterranean  Sea  has  been 
repeatedly recognised by the Union and is currently a requirement under the Marine Strategy 
Framework Directive (MSFD, Directive 2008/56/EC).  

The amendments to Annexes II and II to the SPA/BD Protocol reflect the critical situation of 
the concerned species following the preceptive analysis.  

Updating  four  regional  action  plans  for  the  Conservation  of  various  species  or  groups  of 
species  in  the  Mediterranean3  was  mandated  by  the  22nd  Conference  of  the  Parties  in 
December  2021.  The  progress  on  implementing  the  previous  plans  was  assessed  and  after 
consultations,  updates  to  the  action  plans  were  proposed  as  well  as  a  timetable  for 
implementing them.  

A  template  is  needed  in  order  to  report  on  the  implementation  of  the  new  regional 
management plans adopted at the 22nd and 23rd Conference of the Parties in December 2021 
and  December  2023,  respectively.  This  template  is  being  proposed  for  adoption  at  the  24th  
Conference of the Parties.  
In  view  of  the  24th  Meeting  of  the  Contracting  Parties  to  the  Barcelona  Convention  and  its 
Protocols,  a  Union  position  is  necessary  on  the  envisaged  acts  since  they  will  amend  the 
annexes  to  the  SPA/BD  and  LBS  Protocols.  Moreover,  the  updated  regional  action  plans 
implement the SPA/BD Protocol.  

These  amendments  will  therefore  be  binding  on  the  Union  pursuant  to  Article  29  of  the 
Barcelona  Convention.  Given  that  the  amendments  to  the  annexes  will  update  requirements 
on  protecting  the  Mediterranean  Sea,  and  will  thus  change  the  Union’s  international 
commitments and ambitions to better protect the marine environment, it is proposed that the 
Union support the adoption of the envisaged acts.  

The  update  of  the  Rules  of  Procedure  of  the  Barcelona  Convention  Compliance  Committee 
aligns  them  with  the  ‘Procedures  and  Mechanisms  on  Compliance’  adopted  by  the  23 
Conference of the Parties in 20234 and they aim to improve the effectiveness and functioning 
of the Compliance Committee. Therefore, the Union should support them. 

The  revised  reporting  format  of  the  LBS  Protocol  will  facilitate  the  work  of  the  Barcelona 
Secretariat  and  of  the  contracting  parties  by  standardising  the  information  to  be  reported 
including its structure. Therefore, the Union should support them. 

Namely  coralligenous  and  other  calcareous  bio-concretions,  marine  turtles,  cartilaginous  fishes 

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(Chondrichthyans), and monk seal. 
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(https://wedocs.unep.org/bitstream/handle/20.500.11822/44714/23ig26_22_2601_eng.pdf) 

Decision IG.26/1 on Compliance and Reporting 

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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. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’5. 

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  acts  which  the  Meeting  of  the  Contracting  Parties  to  the  Barcelona  Convention  and  its 
Protocols is called upon to adopt constitutes acts having legal effects.  

Regarding  the  first  envisaged  act,  the  amendments  to  the  annexes  of  the  SPA/BD  Protocol 
will  be  binding  under  international  law  in  accordance  with  Article  23(1)  and  (2)  of  the 
Barcelona Convention. Pursuant to Article 23(1) of the Barcelona Convention, the annexes to 
the Convention and to  the Protocols  form  an integral  part of the Convention or the relevant 
Protocol.  Pursuant  to  Article  23(2)  of  the  Barcelona  Convention,  any  amendment  to  the 
annexes  of  a  Protocol  enters  into  force  and  thus  becomes  binding  on  the  parties  not  having 
submitted  a  notification in  accordance  with  Article  23(2)(iv)  after  expiry  of  the  time-period 
referred to in that provision.  

Regarding  the  second  envisaged  act,  this  decision  concerns  the  ordinary  periodic  and 
extraordinary review of the areas included in the SPAMI List and  an update of the regional 
action plans and strategies6 adopted under the SPA/BD Protocol. The inclusion of areas in the 
SPAMI  List,  under  Article  9(5)  of  the  SPA/BD  Protocol,  obligates  proposing  parties  to 
implement  specific  protection  measures  and  requires  contracting  parties  to  adhere  to 
established rules, giving the decision legal effects per Article 218(9) TFEU. Moreover, Article 
12(1) of the SPA/BD Protocol mandates cooperative measures for protecting flora and fauna 
listed  in  the  Protocol's  Annexes,  with  Action  Plans  and  Regional  Strategies  serving  as 
implementations  of  these  obligations.  While  not  legally  binding,  these  Action  Plans  and 
Strategies,  adopted  by  consensus  among  all  SPA/BD  Protocol  parties,  are  significant  for 
interpreting protective obligations and entail follow-up and reporting procedures, thus having 
legal effects under international law in accordance with Article 218(9) TFEU. 

Regarding  the  third  envisaged  act,  which  concerns  the  revision  of  reporting  formats 
established in  accordance with  Article 26 of the Barcelona Convention, Article 26(2) of the 

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Judgment  of 
ECLI:EU:C:2014:2258, 

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

paragraphs 61 to 64.  
6 
Namely  (i)  the  Action  Plan  for  the  Conservation  of  the  Coralligenous  and  Other  Calcareous  Bio-
concretions in the Mediterranean Sea, (ii) the Action Plan for the Conservation of Mediterranean Marine Turtles, 
(iii) the Action Plan for the Conservation of Cartilaginous Fishes (Chondrichthyans) in the Mediterranean Sea, 
and (iv) the Regional Strategy for the Conservation of Monk Seal in the Mediterranean Sea. 

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Barcelona Convention provides that “The reports shall be submitted in such form and at such 
intervals  as  the  Meetings  of  Contracting  Parties  may  determine”.  This  wording  “shall  be 
submitted  in  such  form”  entails  an  obligation  for  the  contracting  parties  to  report  using  the 
reporting  format  established  by  the  Meeting  of  the  Parties,  and  so  the  reporting  format 
established  by  the  Meeting  of  the  Contracting  Parties  to  the  Barcelona  Convention  and  its 
Protocols  is  legally  binding  on  the  contracting  parties  pursuant  to  Article  26(2)  of  the 
Convention.  

Regarding  the  fourth  envisaged  act,  the  Compliance  Committee  on  the  provisions  of  the 
Barcelona  Convention  and  its  Protocols  issues  interpretations  of  the  provisions  of  the 
Convention and its Protocols. In view of the fact that the recommendations of the Compliance 
Committee  thus  may  affect  the  interpretation  of  the  relevant  provisions  of  the  Convention, 
they  are  capable  of  decisively  influencing  the  content  of  Union  law.  This  means  that  the 
recommendations  of  the  Compliance  Committee  have  legal  effects  within  the  meaning  of 
Article 218(9) TFEU. These changes to the Rules of Procedure of the Compliance Committee 
therefore have legal effects within the meaning of Article 218(9) TFEU, because they affect 
the decision-making procedure of an international body which has the power to take decisions 
with legal effects. 

The  envisaged  acts  do  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

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. 

4.2.2.  Application to the present case 

The main objective and content of the envisaged acts relate to protecting the environment.  

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

4.3. 

Conclusion 

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

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2025/0333 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the 24th meeting of the 
Conference of the Parties to the Barcelona Convention for the Protection of the 
Mediterranean Sea Against Pollution and its Protocols 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
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  Convention  for  the  Protection  of  the  Mediterranean  Sea  against  Pollution, 
subsequently renamed Convention for the Protection of the Marine Environment and 
the Coastal Region of the Mediterranean (‘the Barcelona Convention’) was concluded 
by the Union by Council Decision 77/585/EEC7 of 25 July 1977 and entered into force 
on 12 February 1978.  

The  Protocol  concerning  specially  protected  areas  and  biological  diversity  in  the 
Mediterranean  and  the  annexes  thereto  was  concluded  by  the  Union  by  Council 
Decision  1999/800/EC8 (‘the  SPA/BD  Protocol’)  and  entered  into  force  on  12 
December  1999.  The  Protocol  for  the  protection  of  the  Mediterranean  Sea  against 
pollution  from  land-based  sources  and  the  annexes  thereto  (‘the  LBS  Protocol’)  was 
concluded by the Union by Council Decision 1999/801/EC9 and entered into force on 
11 May 2008.  

Pursuant to Article 18(2), point (iii) of the Barcelona Convention, the Meeting of the 
Contracting  Parties  to  the  Barcelona  Convention  and  its  Protocols  (‘Meeting  of  the 
Contracting  Parties’)  may  adopt  amendments  to  the  annexes  to  the  protocols  of  the 
Convention.  

Pursuant to Article 10 of the Barcelona Convention in conjunction with Articles 4, 5, 
6, 8, 9, 11 and 12 of the SPA/BD Protocol, the Meeting of the Contracting Parties may 
adopt decisions on regional action plans and strategies under the SPA/BD Protocol. 

Pursuant to Article 26(2) of the Barcelona Convention, the Meeting of the Contracting 
Parties may determine the format in which the contracting parties shall submit reports 
to the organisation.    

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8 
9 

OJ L 240, 19.9.1977 
Council Decision 1999/800/EC of 22 October 1999, OJ L 322, 14.12.1999, p. 1. 
Council Decision 1999/801/EC of 22 October 1999, OJ L 322, 14.12.1999, p. 18.. 

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(6) 

(7) 

(8) 

(9) 

Pursuant  to  Articles  18  and  27  of  the  Barcelona  Convention,  in  conjunction  with 
Decision  IG  17/2  of  the  Meeting  of  the  Contracting  Parties  on  Procedures  and 
mechanisms  on  compliance  under  the  Barcelona  Convention  and  its  Protocols,  as 
amended, the Meeting of the Contracting Parties may adopt the Rules of Procedure of 
the Compliance Committee. 

The Meeting of the Contracting Parties to the Barcelona Convention and its Protocols, 
during its twenty-fourth session/meeting taking place from 2 to 5 December 2025, is to 
adopt  amendments  to  Annexes  II  and  III  of  the  SPA/BD  Protocol;  updated  regional 
action plans and strategies developed under the SPA/BD Protocol; a revised Reporting 
Format for the implementation of the LBS Protocol and updated Rules of Procedure of 
the Compliance Committee. 

The envisaged acts of the Meeting of the Contracting Parties will have legal effects. 

It is therefore necessary to establish the position to be taken on the Union's behalf in 
the Meeting of the Contracting Parties. 

(10)  Since the envisaged amendments of the Annexes will update requirements regarding 
the protection of the Mediterranean Sea,  affect  the Union international  commitments 
and improve the protection of the environment, it is proposed that the Union supports 
the adoption of the corresponding Barcelona Decision.  

(11)  Since  the  updated  regional  action  plans  and  strategies  adopted  under  the  SPA/BD 
Protocol will implement the protocol by better protecting the marine environment and 
supports the implementation of Union policy in the Mediterranean Sea, it is proposed 
that the Union supports the adoption of the corresponding Barcelona Decision. 

(12)  Since the revised Reporting Format of the LBS Protocol will facilitate the work of the 
Barcelona Secretariat  and of the  contracting  parties by  simplifying and  standardising 
the  information  to  be  reported  including  its  structure,  it  is  proposed  that  the  Union 
supports the adoption of the corresponding Barcelona Decision. 

(13)  Since  the  purpose  of  the  updated  Rules  of  Procedure  of  the  Barcelona  Convention 
Compliance  Committee  is  to  align  them  with  the  ‘Procedures  and  Mechanisms  on 
Compliance’ adopted by the 23rd Conference of the Parties of 2023 and they aim to 
improve  the  effectiveness  and  functioning  of  the  Compliance  Committee,  it  is 
proposed  that  the  Union  supports  the  adoption  of  the  corresponding  Barcelona 
Decision. 

HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on the Union's behalf in the 24th Meeting of the Contracting Parties 
to  the  Barcelona  Convention  and  its  Protocols  (2-5  December  2025)  shall  be  to  support  the 
adoption of the following measures: 

(a) 

amendments  to  Annexes  II  and  III  to  the  Protocol  concerning  Specially 
Protected Areas and Biological Diversity in the Mediterranean;  

(b)  updated  regional  action  plans  and  strategies  developed  under  the  Protocol 
concerning  Specially  Protected  Areas  and  Biological  Diversity  in  the 
Mediterranean, and the review of the areas included in the SPAMI list;  

(c) 

revised reporting format for implementing the Protocol for the Protection of the 
Mediterranean Sea against Pollution from Land-Based Sources and Activities;  

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(d)  updated  rules  of  procedure  for  the  Barcelona  Convention  Compliance 

Committee. 

Minor  technical  changes  to  the  position  referred  to  in  Article 1  may  be  agreed  upon  and 
without a further decision of the Council. 

Article 2 

This Decision shall enter into force on the date of its adoption. 

Done at Brussels, 

Article 3 

For the Council 
The President 

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