CELEX: 51977PC0429
Language: en
Date: 1977-09-16 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION authorizing the Commission to take part in negotiations concerning a protocol to the 1976 Barcelona Convention on the protection of the Mediterranean Sea against pollution from land-based sources (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 429
Vol. 1977/0138
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(77)429 final.
                                                       Brussels . 16 September 1977*
                     RECOMMENDATION FOR A COUNCIL DECISION
      authorizing the Commission to take part in negotiations concerning
        a protocol to the 1976 Barcelona Convention on the protection of
        the Mediterranean Sea against pollution from land-based sources
                     ( submitted to the Council "by the Commission)
COM(77 ) 429 final.
 ---pagebreak---                RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
     concerning the opening of negotiations for the conclusion by the
European Economic Community on a protocol to the 1976 Barcelona Convention
                                 ν
       on the protection of the Mediterranean Sea against pollution
                           from land-based, sources
                                       I.
                                                                                   i
1•   Two intergovernmental meetings took place in Barcelona in February 1975
and 1976 to conclude a Convention on the protection of the Mediterranean
against pollution and protocols on the main sources of marine pollution .
The final text of the Convention and two protocols were signed on 16 February 1976
by 15 States bordering on the Mediterranean .
On 13 September 1976 in Madrid the Community also signed the Convention and
the protoool for the prevention of pollution by dumping .
On 3 June 1976 the Cdmmission proposed to the Council that the Convention for
the proteotion of the Mediterranean Sea against pollution and the Protocol
for the prevention of the pollution of the Mediterranean Sea by dumping from
ships and aircraft should be concluded , approved and oonfirmed in the name
                                    1
of the European Economic Community •
The Counoil approved this Commission proposal in principle on 8 December 1976 .
                      %
2.   In accordance with -Articles 4 and 15 of the 1976 Barcelona Convention the
first Intergovernmental Consultation was organized in Athens from
7 to 11 February 1977 and a second Consultation is planned for Venioe from
17 to 21 October 1977 •
The aim of these negotiations is to enable the Contracting Parties of this
Convention to draw up a protocol on the proteotion of the Mediterranean Sea
against pollution from land–based souroes .
1
  OJ No C 122 .
 ---pagebreak--- At the end of this second    C ,vernmental Consultation the Contracting Parties
will be able to meet the obligations and commitments which they entered in^o
under Article 8 of the 1$76 Barcelona Convention which deals with the protection
of the Mediterranean Sea against pollution from land–based sources .
The draft protocol which will be drawn up at Venice at the end of October 1977
will be submitted for the approval of the Parties to the 1976 Barcelona Convention
at an intergovernmental meeting planned for Monaco in early December 1977 •
3.   The main aim of the Commission 's participation at the Venice meeting- will
be to ensure that the measures proposed in this protocol take account of
Community interests ;   the Commission will ensure that these measures do not
conflict with the measures already taken by the Community .     The main concern
is to maintain some consistency between , on the one hand , the commitments
undertaken under the various Conventions which sure concerned with the
prevention of pollution from land-based sources and to which the Community
and some of its Member States are Contracting Parties ( Paris , Barcelona ,
Bonn Conventions , etc .) and , on the other hand , between this protocol and
the commitments undertaken by the Member States at Community level by means
of directives , in particular the Directive of 4 Kay 1976 on pollution caused
by certain dangerous Substances discharged into the aquatic environment of
the Community ;  this latter provides for the laying down by the Community
of emission standards and quality objectives for a number of dangerous
substances , the list of which , contained in the Annex to this Directive ,
closely resembles that contained in Annex I to the protoool drawn up in Athens .
In view of the fact that the European Economic Community is a Party to the
1976 Barcelona Convention and that the protocol proposed for the protection
of the Mediterranean Sea against pollution from land-based sources deals with
questions related to the Community 's powers , the protocol which should be drawn up
at the Venice meeting must contain provisions allowing the European Economio
Community to become a Party to this protocol as well .
                                       χ
                                     X   X
In conclusion , the Commission recommends that the Council should adopt the draft
decision below , which authorizes the Commission to take part in negotiations
concerning a protocol to the 1976 Barcelona Convention on the protection of
the Mediterranean Sea against pollution from land-based sources with a view to
t ne signature of this protocol by the Community .
 ---pagebreak---                                       II .
                   RECOMMENDATION FOR A COUNCIL DECISION
      authorizing "the Commission to take part in negotiations concerning
        a protocol to the 1976 Barcelona Convention on the protection of
         the Mediterranean Sea against pollution from land-based souroes
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to the proposal from the Commission,
Whereas the Declaration of the Council of the European Communities and
of the Representatives of the Governments of the Member States of
22 November 1973 on the Action programme     of the European Communities
on the environment^ stresses the importance to the Community of the fight
against water pollution and provides for measures to this end ;
Whereas      the Council passed a Resolution of 17 May 1977 on the continuation
and implementation of a European Community policy and action programme
on the environment ;
Whereas , to achieve the programme put forward , the Community has already
adopted or is preparing to adopt directives to protect the aquatio environment
of the Community ; whereas in particular the Council Directive of 4 Kay 1976
on pollution caused by certain dang^xvaus substances discharged into the
aquatic environment of the Community provides that both the Community and
                      %
the Member States shall take measures to reduce water pollution, particularly
as regards inland surface water and sea water ;
Whereas the European Economio Community has , in its Decision of
approved the Convention on the protection of the Mediterranean Sea against pol­
lution and the protocol on the prevention of "the pollution of the Mediterranean
Sea by dumping from ships and aircraft ;
 OJ No C 112 j   2C112 . 1973 , p. 1.
20J No L 129 , '1ÉL 5.1976, p.- 23.
 ---pagebreak--- Whereas Artiole 8 of the Bcroelona Convention for the proteotion of the               !
Mediterranean Sea provides for measures to prevent', abate and combat
 pollution from land-based sources }
Whereas , because of its responsibilities in this sector , the European Economic
 Community should take part in the negotiations on the adoption of a protocol
 on the protection of the Mediterranean Sea against pollution from land-based
 sources alongside those of its Member States involved ,    '■
HAS DECIDED AS FOLLOWS :                                                          >
                  S
                               Sole Article
The Commission is hereby authorized to take part in the negotiations on a
draft protocol to the 1976 Baroelona Convention on the protection of the
Mediterranean Sea against pollution from land-based sources with a view
to the signature of this protocol by the Community *
It shall oonduot these negotiations in aooordance with the directives attached hereto
and with any directives which may be given to it in the future .
                                                 Por the Council
                                                  The President
 ---pagebreak---                                                          ENV/326/77-E
                    Council Directive to the Commission
The draft protocol to the 1976 Barcelona Convention on the protection of the
Mediterranean Sea against pollution from land-"based sources shall he
"based on the provisions of the 1974 Paris Convention and "be consistent with
the measures already taken tor the Community , in particular the Directive
of 4 May 197 6 on pollution caused "by certain dangerous substances
discharged into the aquatic environment of the Community ,* while seeking
to take aocount of the special problems which may arise for the developing
countries attending the negotiations .
This draft protocol shall contain provisions allowing the European Economic
Community to "become a Contracting Party thereto .