CELEX: 51975PC0229
Language: en
Date: 1975-05-28
Title: DRAFT COUNCIL DECISION concerning the participation of the European Economic Community in the negotiation of an outline Concention and a Protocol for the protection of the Mediterranean against marine pollution from landbased sources#Commission Recommendation to the Member States invitated to attend the Intergovernmental Meeting in Barcelona (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 229
Vol. 1975/0083
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- ,r~,, N "TV
                            Oi
      xsjL:.                      , r~i {
                                 ji £iiid
                                          ■f ?
                                                   JÎ ,
                                                            A
                                                              >T
                                                              JÙ V4 c. r ? -n
                                                                       Ui' .  • 'i " >
                                                                                ri M
                                               CGT:{" lj ) 229 final
                                               Brussels ., 28 May 1975
                                DRAFT COUNCIL DECISION
                  concerning the participation of the European
                  Economic Community in the negotiation of an outline
                  Concention and a Protocol for the protection of the
                  Mediterranean against marine pollution from land­
                  based sources
                  Commission Recommendation to the Member States
                  invitated to attend the Intergovernmental Meeting
                  in Barcelona
                    ( submitted to the Council by the Commission )
        CO:ï(75 ) 229 f:\nal
 ---pagebreak---                             EXPLANATORY MEMORANDUM
As far as the prevention of marine pollution is concerned., the experience
acquired over the last few years has demonstrated the need, to ensure , at
Community level , the maximum degree of coherence between , on the one hand ,
the ireasure'j taken in this area within the framework of the EEC Treaty and
the European Communities Environment Programme and , on the other hand , the
measures decided on under world–wi do or regional international conventions .
To meet this need , the Council authorized the Community to participate ;
along with the Member States concerned , in the negotiations on the drafting
of the Paris Convention for the prevention of sea pollution from land-based
         1    _ .                                . . 2
sources    and thereafter to sign tms Convention .
A similar situation exists today as regards the protection of the
Mediterranean against marine pollution from land-based sources .      In the
context of the United llations Environment Programme (UUEP ), the countries
bordering the Mediterranean were invited to attend an Intergovernmental
Meeting , held in Barcelona from 28 January to 4 February 1 97 5 » 011 "the
protection of the Mediterranean .
During this meeting , a programme of action was adopted for the protection
of the Mediterranean , involving :
( a) integrated planning for the development; and management of the natural
      resources of the Mediterranean basin ;
(*) a coordinated programme of research and continuous supervision , involving
      the exchange of information and appraisal of pollution levels and
      protection standards ;
( c ) a framework agreement on the protection of the Mediterranean marin o
      environment , together with related protocols and technical annexes
      covering each of the principal sources of sea pollution ;
( d ) a study of the institutional and financial implications of this project .
A
  Council Resolution 2412/ 73 ( Ass . 1427 ) of 14 December 1973 .
O
'"Council Resolution R/ 14/75 ( EITV . 4 ) of 30 January 1975 .
 ---pagebreak---                                       - 2 -
Since then a meeting of legal experts has teen held in Geneva
( 7-11 April 1975 ) "to examine the draft outline agreement and also the two
draft Protocols on the prevention of dumping at sea by ships and aircraft
and the control of pollution from hydrocarbons and other noxious
substances as a result of accidents at sea .
At this stage it is expected that one or more countries bordering the
Mediterranean will, take steps to propose draft Protocols on other sources
of pollution , with special reference to the prevention of pollution from
land-based sources .
Accordingly , in the interests of consistency and rationality , the Commission
feels that the Member States concerned and the Community should move jointly
to lay before the Intergovernmental Meeting, whose next session is due to be
held in Barcelona from 2nd' February to 13     February 1976 , the amendments
which will enable the Community to participate in the outline convention
and also a draft Protocol on the protection of the Mediterranean against
pollution from land-based sources , to be modelled , mutatis mutandis , on
the clauses of the Paris Convention .
 ---pagebreak---                                 - 3 -
The Commission is therefore forwarding to the Council , a draft Decision
authorizing it to. negotiate,' on behalf of the Community , a draft outline
Convention on the protection of the Mediterranean and a draft Protocol,
on narine pollution from land-based sources,' '
This draft Protocol should be modelled on the provisions of the Paris
Convention , adopted on 21 February 1974 •
The Commission decided also to forward to the Council , for information
purposes , a Recommendation which it intends to send to the Member States
concerned asking them to propose that the formulation of such a Protocl
be included on the agenda for the next session of the Conference .
 ---pagebreak---                                         - 4 -
Draft Council Decision of ..... concerning "the participation of the
European Economic Community in. the negotiation of an outline Convention and
a Protocol for the protection of the Mediterranean against marine pollution
from land-based sources
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ;
                                                               r-
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 meeting in the
Council of 22 November 1973 on the programme of action of the European
                                1
Communities on the environment    stresses the importance which the Community
attaches to the prevention of marine pollution in general and provides , among
other things , for Community measures to combat marine pollution from land-
based sources ;
Whereas the Barcelona Intergovernmental Meeting on the Protection of the
Mediterranean Environment has also provided for the drawing-up of an outline
Convention on the protection of the Mediterranean marine environment , together
with related protocols on each of the principal sources of marine pollution ,
with special reference to land-based sources ;   whereas the Community ought
therefore to participate in these negotiations ;
Whereas steps should be taken to ensure the coherent implementation of
commitments due to be entered into under this outline Convention said
Protocol , of other commitments connected with the Convention on the
prevention of marine pollution from land-based sources (adopted in Paris on
21 February 1974 ) and , in general , of commitments undertaken by the Member
States as part of the European Communities Environment Programme .
 OJ NoC112 , 20 December 1973 , p.1
 ---pagebreak---                                    -5 -
HAS EECIEED AS FOLLOWS :
                                  Sole Article
The Commission is hereby authorized to participate in the negotiations at
the Intergovernmental Meeting in Barcelona with a view to concluding, on
behalf of the Community , an outline Convention and a Protocol for the
protection of the Mediterranean against marine pollution from land–based
sources .
Hie Commission shall conduct these negotiations in accordance with the
Directives annexed hereto and subject to any further Directives which it
may receive at some future date .
                                        Done at Brussels ,
                                        For the Council
                                        The President
 ---pagebreak---                                                             im.EX
               Directives from the Council to the Commission
The draft outline Convention, at present "being prepared, must "be so
formulated that this Convention can "be Bigned "by the Conrxunity *
The draft Protocol for the protection of the Mediterranean against marine,
pollution from land-based sources should be modelled on the provisions of
the Paris Convention,' adopted on 21 February 1974*
 ---pagebreak---                                           - 7 -
         Commission Recommendation to the Member States invited to attend
                  the Intergovernmental Meeting in Barcelona
THE COMMISSION OP THE EUROPEAN COKMUlIITIES ,
          i
Having regard to the Treaty establishing the European Economic Community
and in particular Article 155 thereof ;
Whereas the Declaration of the Council of the European Communities and of
the representatives of the Governments of the Member States meeting in the
Council of 22 November 1973 on the programme of action of the European
Communities on the environment'' stresses the importance which the Community
attaches to the prevention of marine pollution in general and provides ,
among other things , for Community measures to combat marine pollution from
land-based sources :
Whereas the Paris Convention on the prevention of marine pollution from
 land-based sources of 21 February 1974 provides for the drawing-up and
 implementation of programmes for eliminating or reducing this type of
pollution in the north-east Atlantic ;
Whereas the Member States which take part in the Intergovernmental Meeting ■
 in Barcelona must ensure the maximum degree of consistency and rationality
 in regard to the measures taken for the prevention of marine pollution from
 land-based sources ;
                                        2
RECOMMENDS that these Member States :
propose that the follottfing item be entered on the agenda for the next session
of the above-mentioned Intergovernmental Meeting :
     drawing-up of a Protocol for the protection of the Mediterranean against
     marine pollution from land-based sources , the clauses of which shall be
     modelled , mutatis mutandis , on those of the Paris Convention of 21
     February 1974»
  " OJ Ho C 112 of 20 December 1973
 2™     „    . „              ....
    The French Republic , the Italian Republic and the United Kingdom.