CELEX: 51982PC0079
Language: en
Date: 1982-03-01 00:00:00
Title: Recommendation for a COUNCIL DECISION authorizing the Commission to open negotiations on Community participation in the Environmental Action Plan for the Caribbean and the Convention for the protection and development of the marine and coastal environment of the wider Caribbean area (submitted to the Council by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(82)79 final
                                                    Brussels , 1 March 1982
                               Recommendation for a
                                 COUNCIL DECISION
  authorizing the Commission to open negotiations on Community parti­
  cipation in the Environmental Action Plan for the Caribbean and the
  Convention for the protection and development of the marine and
             coastal environment of the wider Caribbean area
                      /.V " -
                     b-:
                ( submitted to the Council by the Commission )
                     V ..
                       ν · · 1
 C0M(82 ) 79 final
 ---pagebreak---                                                             ■^4 ^'•
                                                     <*>x     fi •?«    • .
                EXPLANATORY MEMORANDUM
The Community has been invited to take part in the Environmental
Action Plan for the Caribbean which was adopted at Montego Bay,
Jamaica at an intergovernmental meeting of the riparian States on
6-8 April 1981 . The Action Plan , which is part of UNEP 's Regional
Seas Programme , was drawn up by UNEP in cooperation with the
UN Economic Commission for Latin America ( ECLA ). The resolution
adopting the Action Plan makes it possible , as is already the case
                 L
with the Action Plan for the Mediterranean , for a regional economic
group exercising responsibilities in fields relating to the Plan,
and at least one member of which belongs to the Caribbean region ,
to be associated with the Action Plan , provided that rules
governing the group 's financial participation have been agreed in
advance .
This is the case in this instance , the geographical region concerned       •
including the French Overseas departments of Guadeloupe , Guiana and
Martinique . As established by the Hansen line of cases , secondary
legislation is applicable in these departments , provided the latter
                            «        ft
are not expressly excluded from the ambit of the Community act concerned
The following Community legislation is also applicable in those  «
French overseas departments :
- Council Directive 76/ 464 / EEC of A May 1976 on pollution caused by
  certain dangerous substances discharged into the aquatic environment
  of the Community ;               ;    .       '
- Council Directive 78 / 659 / EEC of 18 July 1978 on the quality of fresh
  waters needing protection or improvement in order to support fish
  life ;
- Council Directive 79 / 923 / EEC of 30 October 1979 on the quality
  required of shellfish waters ;
~ Council Decision                        of 3.12»1981    establishing a
  Community information system for preventing and combating
  hydrocarbon pollution of the sea®
 ---pagebreak--- .The Plan has three sections :
 1 ) A collection of measures designed to evaluate the environmental
     situation in the region and to manage its resources with a view
     to protecting the environment against pollution from various
     sources and in particular from hydrocarbons . The priority measures
     pertain to several fields already covered by the abovementioned
     Community acts . The Community will have to take part , therefore ,
     if such measures are embodied in abinding agreement likely to
     affect the internal rules of the Community, as was establishing
     by the AETR line of cases . The following measures are envisaged :
     - a regional plan for intervention in the event of discharges
       of hydrocarbons ;
     ~ the management of river basins , and in particular the management
       of ground and surface freshwater resources , the conservation
       of natural environments and forests , and the prevention of
       water pollution by household, industrial or agricultural
     > effluents ;
                                                                       o
     - the improvement of environmental hygiene services : control of
       water quality, treatment of waste water , water supply for urban
       and rural areas ;           <•
                         '      r,
     - education on environmental matters .
2 ) Provisions relating to the financial and institutional organization
     of the Plan .
3 ) A Convention for the protection and development of the marine and
     coastal environment of the wider Caribbean area - currently in
     preparation - which' will be the equivalent of the Barcelona
     Convention for the Mediterranean Sea , to which the Community
     will be a party in particular by virtue of its responsibilities
     deriving from the AETR line of cases .
A meeting of legal experts which toofc         place at      the end
of 1981 examined ■ the Convention , which should be adopted at
the second intergovernmental meeting ( scheduled for the beginning
of 1983 ) of the States participating in the Action Plan .
 ---pagebreak--- The Community is already engaged in similar measures , as it is a party
to various instruments relating to the protectio        of the marine
environment , among which are :•
- The Action Plan for the Medi terranean , which is given legal substance
    by the framework Barcelona Convention    together with its three
    protocols , and which , like the Action Plan for the Caribbean , comes
    under UNEP 's Regional Seas Programme . The Community signed and
    concluded the Barcelona Convention and the protocol on the pollution
    caused by dumping from ships and aircraft ( 1 ) on 16 March 1978 and
    signed the protocol on the protection of the Mediterranean Sea against
    pollution from land-based sources on 17 May 1980, while on 19 May 1981
    the Council adopted the Decision concerning the conclusion of the
    protocol relating to pollution by oil and other harmful substances ( 2 )
- The Convention on the prevention of marine pollution from land-based
    sources ( known as the Paris Convention and affecting the North East
    Atlantic ) which was signed on 23 June 1975 ( 3 ).
The Community coordinates the environmental protection measures deriving
from the application of the Treaty of Rome and those from the Action
Programmes of the Communities on the Environment with the provisions •
adopted within the framework of these Conventions .
Three Member States will take part in the Environmental Action Plan for
the Caribbean , France , by virtue of its overseas departments Guadeloupe ,
Martinique and Guiana ; the United Kingdom      by virtue of its overseas
countries and . terri tories Anguilla , the Cayman Islands , Montserrat ,
St. Kitts-Nevis and the British Virgin      Islands ; and the Netherlands
by virtue of the Netherlands Antilles - Aruba , Bonaire , Curasao ,
St. Martin , Saba and St. Eustatius .
( 1 ) 0J L 240, 19.9.19 77
( 2 ) 0J L 162 , 19.6.1981
( 3 ) 0J L 194 , 25.7.1975
 ---pagebreak---                             1
                               Α.
The British and Dutch overseas countries      and territories in question
are associated with the Community under the arrangements provided for
in Council Decision No 80 / 1186 / EEC of 16 December 1980 < 1 ).
Several members of the Lome Convention are also taking part in the
Action Plan : the Bahamas , Barbados , Dominica, Grenada , Guiana , Jamaica ,
St. Lucia , Suriname , Trinidad and Tobago .
Finally , it must also be mentioned that , through its experience , the
measures^it is preparing and the research it has carried out on this
subject , the Community will be able to play an active part in the Plan
and help the countries and territories in the area to implement it .
In the light of all these considerations , the Commission believes that
the Community should open negotiations with a . view to agreeing the
procedures for its participation in the Action Plan and the Convention
which is being drawn up . It therefore recommends that the Council
adopt the draft decision set out in the annex hereto .
( 1 ) 0J L 361 , 31.12.1980
 ---pagebreak---   RECOMMENDATION FOR A COUNCIL DECISION                   AUTHORIZING
  THE COMMISSION     TO OPEN NEGOTIATIONS ON COMMUNITY PARTICIPATION IN
  THE ENVIRONMENTAL ACTION PLAN FOR THE CARIBBEAN AND THE CONVENTION
  FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE AND COASTAL
  ENVIRONMENT OF THE WIDER CARIBBEAN AREA
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community,
                   I
  Having regard to the recommendation from the Commission ,
  Whereas the two Action Programmes of the European Communities on the
  Environment ( 1 ) emphasize how important it is for the Community to
  protect the sea and the marine environment , notably from pollution
  arising from various sources , and state that the protection and
  improvement of sea-water with a view to meeting economic and - social
  requirements and ensuring the maintenance of the vital ecological
 balances constitute a priority task ;
 Whereas the European. Counci I , at its meeting in Copenhagen on
 7 and 8 April 1978, considered that the Community should make the
 prevention and control of marine pollution an important objective
 of its action , and invited the Council of Ministers , on a proposal
  from the Commission , to adopt in the competent international bodies
  common attitudes with particular regard to research and the
  implementation of effective measures to control pollution ;
 Whereas cooperation on the protection of the environment with the
 developing countries , especially with regard to supplying them with
  information at the Community 's disposal , and the Community 's
 contribution to projects and programmes in this field constitute
 one of the objectives of the second Action Programme of the European
 Communities on the Environment ;
( 1 ) OJ No C 112, 20.12.1973 and 0J No C 139, 13.6.1977
 ---pagebreak--- Whereas the intergovernmental meeting at Montego Bay approved an Action Plan
for the Environment Programme of the Caribbean , to which certain Member States
are to be party ; whereas the said Action Plan provides for the participation
of regional economic groups with responsibilities in the fields covered by the
plan , one at least of the members of which belongs to the Caribbean region ;
Whereas a number of participants in the Plan maintain special links with the
Community through the Lome Convention and the association arrangements for
overseas countries and territories ;
Whereas the Plan envisages that comprehensive measures will be taken to ensure
the continued development of the Caribbean area under acceptable ecological
conditions and that cooperation with the Governments of the region will be
instituted in order to solve environmental problems such as the protection of
maritime and coastal zones , in particular against pollution from various
sources ; whereas , therefore , it is desirable that the Community should take
part in order to achieve its objectives in these fields ;
Whereas the Plan provides for a Convention for the wider Caribbean area to be
drawn up , and the extent of that area includes part of the territory of one
Member State to which the following are applicable : Council Directive 75 / 440/ EEC
of 16 June 1975 concerning the quality required of surface water intended for the
                                                      1
abstraction of drinking water in the Member States ; Council Directive 76/ 160/ EEC
of 8 December 1975 concerning the quality of bathing water2; Council Directive
76/ 464/ EEC of 4 May 1976 on pollution caused by certain dangerous substances
discharged into the acquatic environment of the Community3; Council Directive
78 / 659 / EEC of 18 July 1978 on the quality of fresh water needing protection
                                                4
or improvement in order to support fish life ; Council Directive 79/ 923 / EEC of
30 October 1979 on the quality required of shellfish waters ; Council Directive
80 / 68/ EEC of 17 December 1979 on the protection of ground water against
pollution caused by certain dangerous substances^; Council Directive 80/ 778/ EEC
of 15 July 1980 relating to the quality of water intended for human consumption ;
and Council Decision 81 / 971 / EEC of 3 December 1981 establishing a Community
information system for the control and reduction of pollution caused by
                                  8
hydrocarbons discharged at sea ; whereas these instruments establish common rules
in the field of water pollution , which are likely to be affected by certain
provisions in the said Convention ; whereas it is therefore imperative that the
Community should be a party to the Convention ;
 0J No L 194 , 25.7.1975 , p . 26        ■   0J No L 281 , 11.10.1979, p . 47
20J No L 31 , 5.2 ; 1976, p . 1             60J No L 20, 26.1.1980, p . 43
30J No L 129, 18.5.1976, p . 23             70J No L 229, 30.8.1980, p . 11
40J No L 222, 14.8.1978, p . 1              80j No L 355, 10.12.1981 , p . 52
 ---pagebreak--- HAS DECIDED AS FOLLOWS :
                     Sole Article
The Commission is authorized to open negotiations with a view to
Community participation in the Environmental Action Plan for the
Caribbean and jin the Convention for the protection and development
of the marine 'and coastal environment of the wider Caribbean area .
The Commission shall conduct the negotiations in accordance with
the annexed brief and subject to any directives which the Council
may later adopt .
                                          Done at Brussels ,
                                          For the Council /
                                          The President
 ---pagebreak---                                    8.
                    Negotiating brief
The Convention for the wider Caribbean area must be adjusted in such
a way that the Community can be party  to it , account being taken of
the existing common rules in the fields concerned .
 ---pagebreak---                          Financial record
Community participation in the Environmental Action Plan for the
Caribbean
Relevant budget heading
Article 298, Item 2986
Community participation in international conventions on the environment .
Legal basis
Article 235 of the EEC Treaty.
Description of the project
3.1 . Objectives
3.1.1 . General aim
         It is proposed in the Environmental Action Plan for the Caribbean
         that comprehensive measures should be taken to implement a general
         development plan for the Caribbean under acceptable ecological
         conditions , and that the Governments of the area should cooperate
         to solve environmental problems such as the protection of
         maritime and coastal zones .
         Community participation in the Action Plan should make it possible to
         implement a number of Community environmental protection objectives
         in   conjunction with development cooperation schemes .
         Such objectives are :           «
         - the protection and purification of the sea and the marine
            environment , notably with regard to pollution from various sources /
            with a view to meeting economic and social requirements and
            ensuring that vital ecological balances are maintained ( First and
            Second Action Programmes of the Community on the Environment );
         - the prevention and combating of marine pollutron and the
       .    adoption of common attitudes in the competent international
            bodies ( European Council of 7 and 8 April 1978 );
         - cooperation on environmental protection with the developing
            countries ( Second Action Programme on the Environment ;
            Article 93(2 ) ( c ) of the second Lome Convention ).
 ---pagebreak---                                                   - 10 -
              3.1.2 . Specific aims
                    a )** Technical :
                          To implement the provisions of the Action Plan, including :
                          - a programme of priority measures for protecting the
                            environment in the region ;
                          - provisions relating to the financial and institutional
                            framework of , the Plan ;
                          - a Convention for the wider Caribbean area (draft ).
                    b )- Financial :
                          To contribute about 1 % ( i«e . US2 30 000, or 28 620 ECU
                          at the rate applying on 31 July 1981 ) of the average annual
                          budget(USZ 2 730 000 ); the total agreed for the 1981-83
                          period is US2 8 200 000 .
              3.2 . Persons concerned (outside the Community institutions ) :
                    - inhabitants of the French departments of Guiana , Martinique and
                        Guadeloupe ;
                    - inhabitants of the States associated with the Community under
                        special arrangements : Dutch and British overseas territoriesd ),
                        Caribbean States signatory to the Lome Convention ( 2 );
                    - industries and port installations in the region .
          4 . Justification of the project
              4.1 . Type of project :
                    Community participation at financial and technical level in the
                    Environmental Action Plan for the Caribbean .
              4.2 . The need for Community participation ;
                    Community participation in the envisaged Convention is imperative
                    by virtue of the AETR line of cases , certain matters in the plan
                    being covered by Community rules ( notably Directive 76/ 464 / EEC of
                    4 May 1976 on pollution caused by certain dangerous substances
                    discharged into the aquatic environment into Jhe 'Community ) .
                    In view of the measures which it is preparing in environmental
                    fields similar to these covered by the Action Plan , and of its
                    experience and research in these matters , the Community is able
                    to make a major contribution to achieving development and
                    environmental protection objectives in a region which is closely
                    connected with it .
( 1 ) The Netherlands Antilles (Aruba , Bonaire , Curasao , St. Martin, Saba and
      St. Eustatius ) and the British countries and territories of Anguilla ,
      the Cayman Islands , Montserrat , St. Kitts - Nevis and the British Virgin
      Islands .                                                    "
(2 ) The Bahamas , Barbados , Dominica , Grenada , Guiana , Jamaica , St. Lucia ,
      St. Vincent and the Grenadines , Suriname , Trinidad and Tobago .
 ---pagebreak---                                            - 11 -
5 . Financial implications in respect of intervention appropriations
    5.1 . Appropriations provided for :
          For 1983 , a Community participation of USZ 30 000, or 28 620 ECU
          at the rate of 31 July 1981 .
          It is not possible to say at the moment the total of
          appropriations which will be needed in subsequent years , as the
          budget for the Action Plan has been voted only for the period
          1981-83 and must be renewed in 1983 fot the following two years .
          The current estimate is that the outlay would not exceed 50 000 ECU .
    5.2 . Finance from the Member States :
          - France will contribute USSS 375 000, or A. 5% of the approved
            budget for 1981-83 ;
          - the Netherlands will contribute USJ5 30 000 through their
            territories in the region , i.e. 0.4 % of the budget for 1981-83;
          - the United Kingdom has not yet decided how much it will
            contribute on behalf of its territories in the region .
    5.3 . Five-year timetable :
          As stated in 5.1 , it is not possibleaat the moment to predict
          the total of appropriations which will be needed after 1983 .
6 . Financial implications in respect of - appropriations for staff and
    current administrative expenditure
    6.1 . Staff necessary for the implementation of the project alone :
          Nil .
7 . Financing intervention expenditure
    Appropriations to be entered under future budgets .
8 . Implications in respect of revenue
    Although it does not yield any revenue , this action does contribute
    to the protection of the environment and of natural resources and
    applies a group of measures which should have a positive effect on
    the development of the Caribbean .
9 . Type of monitoring to be applied
    The Commission wi I report to the Council and to Parliament every two
    years on the results obtained .