CELEX: 51975PC0266
Language: en
Date: 1975-06-10
Title: DRAFT DECISION OF THE COUNCIL on the participation by the European Economic Community in the negotiations for the conclusion of a Convention on the protection of the Rhine against chemical pollution (submitted to the Council by the Commission)

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COM (75) 266
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 ---pagebreak--- MMÎSSKM OF THE EUROEEAN CGMMUMîm
                                                            COM(75)266 final
                                                            Brussels , 10 June 1975
                                       DRAFT
                               DECISION OF THE COUNCIL
            on the participation "by the European ''economic Community
                  in the negotiations for the conclusion of a
     Convention on the protection of the Rhine against chemical pollution
                   ( submitted to the Council "by the Commission)
COt I(73 ) 266 final
 ---pagebreak--- I.  INTRODUCTION
At the Ministerial Conference on the protection of the Rhine against
pollution , which was held in Bonn on 4 and- 5 December 1 97 3 » the signatory-
States of the Berne Convention "approved the general principles and in
particular the three lists submitted by the International Commission
covering substances whose discharge is to be prohibited , restricted or
made subject to certain conditions .    The Ministers agreed that , having
regard to the Council of Europe declaration on the black list , their
States would as far as possible prevent the discharge of substances on
the black list into the waters of the Rhine catchment area .
The Ministers instructed the International Commission to draft the text
of an international agreement on the basis of those principles , if
possible before the next Ministerial Conference , and to submit it to the
States for approval ."
This Conference , which the Commission of the European Communities attended
as an observer , also agreed that in taking these measures , account would
be taken of the work carried out by the European Communities , in accordance
with their programme of action on the protection of the environment .
Several meetings were held by specialized working parties in the International
Commission in order to prepare a draft convention on the protection of the
Rhine against chemical pollution .   This was discussed at a plenary meeting
of the International Commission held in Amsterdam on 6 and 7 March 1975 *
Although a large measure of agreement was established on a number of articles ,
marked differences of opinion remain .    These concern the scope of the
convention , the methods for drawing up an inventory of waste , the time
limits to bo fixed for the application of the provisions of the agreement ,
the content of the three lists of pollutants and the method of fixing
quality objectives .
 ---pagebreak---                                                              ENV/ 1 1 1/75-E
Furthermore , the German Delegation pointed out that work was in progress
at the European Communities on the protection of water and requested that
priority be given to this work .
In order to ensure the necessary liaison "between the work being carried out
at the European Communities and that carried out by the International Rhine
Commission , the latter has given authorization for observers fro:n the
Commission to attend the technical and legal working parties preparing
the text of the Convention on the protection of the Rhine against chemical
pollution .
n.    HOW VI LL THE COMIIUNTTY BENEFIT FROM SIGHING THIS CONVENTION?
1 . This document restates the main arguments already put forward in other
documents transmitted by the Commission to the Council which recommend the
Community to conclude international agreements for the protection of the
waters of the Community*.
The programme of action of the European Communities on the environment ,
adopted by the Council on 22 November 1 97 3 f provides for several Community
projects for the prevention of water pollution .     These include , in
particular :
-   establishment of criteria concerning the principal water pollutants j
-   standardization and harmonization of methods and techniques for sampling ,
    analysis and measurement of pollutcints ;
- fixing in of common quality objectives determining the different
    requirements to be met by an environment bearing in mind its allotted
    purpose ;
- organization and development of technical exchanges between the pollution
    monitoring and surveillance networks ;
- protection of the environment in frontier zones .
2 . Pursuant to the action programme , the Commission has presented several
proposals to the Council , some of which have already been adopted .
On 7 November 1974 » for instance , the Council agreed to a proposal for a
Directive on the quality of surface water intended for the production of
drinking water in the Member States , which fixed a number of quantified
parameters for this use of surface water .
  QJ No
  C0M(74)2029
 ---pagebreak---                                                            ENV/l 1 1/75~E
In the same field , the Commission transmitted to the Council on
7 February 1975 * a proposal for a Directive on the pollution of sea water
and of fresh water intended for "bathing (quality objectives ).
It is at present preparing proposals for directives on the required quality
of waters intended to support the life of freshwater fish and water used
for shellfish breeding. Work has also been started with a view to the
establishment of quality objectives for water used for agricultural and
industrial purposes .
In addition , the reduction of water pollution by paper pulp mills in the
Menber States was the subject of a proposal for a Directive transmitted
to the Council on 20 January 1975 *                                       <
3.  In connection with the Communities • activity at international level ,
it will be recalled that the Council adopted , on 3 March last , a decision
authorizing the Community to sign the Paris Convention on the prevention of
marine pollution from land-based sources .    Since this pollution is largely
caused by pollution of fresh water , the measures taken to control it will
very often be the same as or similar to those taken for fresh water. ,
In addition , following the proceedings of the Permanent Representatives
Committee and of the Council on ^ November 1974 , the Commission on
11 December 1974 transmitted a proposal for a Decision authorizing the
Community to sign the European Convention on the protection of international
fresh waters from pollution prepared by the Council of Europe .
4. At its meeting on 7 November. 1974^- "the Council recommended the Member
States concerned to sign the Paris Convention , but at the same time felt
it necessary to ensure the consistent implementation of the commitments
laid down in this Convention , of those which will arise from the draft
Convention prepared by the Council of Europe , should this be adopted , and ,
in general , of the commitments entered into by the Member States in the
programme of action of the Communities on the environment .
 See R/16/75 (EBV. 6 )
 ---pagebreak---                                      - 4 -                  2W/ 1 11/75-E
The Council noted, at its meeting that on 22 October 1974 the Commission
had presented a propoBal for a Decision on the reduction of pollution
caused "by certain dangerous substances released into the Community 's
water environment and will endeavour to act on this proposal before
30 June 1975 .
The draft decision makes provision for the Community to fix limit values
for pollutants appearing on a black and a grey list .    It also provides
for an authorization procedure for pollutants on the black list and the
establishment of an inventory of discharges of substances appearing on the
two lists .    This proposal for a decision is at present being discussed
in the Environment Working Party of the Council .
5 . The draft convention at present being discussed by the International
Rhine Commission on the protection of the Rhine against chemical pollution
makes provision , for the fixing of limit values for pollutants on a black
list and quality objectives for pollutants on a grey and beige list .     This
draft also provides for the establishment of national inventories of
discharges containing the substances appearing on the various lists .
In order to ensure that the limit values and quality objectives are adhered
to , the draft Convention stipulates that the signatory States shall make use
of a variety of means according to the case in hand , viz ., application of
better techniques , implementation of laws and establishment of detailed
programmes .
6 . It is clear , then , that the draft convention currently being discussed
by the International Commission for the Rhine makes allowance , in addition
to the provisions applicable to the individual Member States concerned , for
the implementation of a number of measures already adopted or in the course of
being adopted by the European Communities under its environment programme
which give the Communities authority in this field .
For the above reasons and also to ensure that action taken to prevent
water pollution throughout the whole Community is consistent , the Commission
feels that the European Economic Community as such should participate
alongside the Member States concerned in the preparati-on of a Convention
for the protection of the Rhine against chemical pollution with a view to
the Community 's signing the Convention .
 ---pagebreak---                                    - 5 -                   ENV/ 1 11/75-E
III .  CONCLUSION
The Commission therefore reoommends the Council:'   "  ' "  "
(a) to adopt the draft decision attached hereto on the participation by
      the European Economic Community in the negotiations for the conclusion
      of a Convention on the protection of the Rhine against chemical
      pollution;
(h) to invite the Commission to inform Switzerland of the decision referred
      to under (a).
 ---pagebreak---                                                          ENV/ 1 11/75-IS
Draft decision of the Council on the participation "by the European
Economic Community in the negotiations for the conclusion of a
Convention on the protection of the Rhino against chemical .pollution    -
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the, Treaty establishing the European Economic Community;
Having regard to the draft from the Commission } .
Whereas the Declaration of the Council of the European Communities and
of the representatives of the Governments of the Manber States meeting
in Council on 22 November 1973 on a programme of action of the European
Communities for the environment^ stresses the importance whioh the
Community attaches to the prevention of water pollution and provides for
action to be taken to this end ;
Whereas the Ministerial Conference on the protection of the Rhine against
pollution provided for the preparation of a Convention on the protection
of the Rhine against chemical pollution ;
Whereas a draft for such a Convention is currently being negotiated and
whereas , therefore , the Community should take part in such negotiation ,
HAS DECIDED AS FOLLOWS :
                              Sole Article   ,
The Commission is authorized to take part in the negotiations with a
view to the conclusion of a Convention on the protection of the Rhine
against chemical pollution.
10J No C 112, 20 December 1973»
 ---pagebreak---                                    - 2 -                 EHV/1 11/75
It shall conduct these negotiations in consultation with the representatives
of the Member States , in accordance with the general directives annexed
hereto .
                                               For the Council ,
                                                The Président
Brus sels ,
                                                                      \
 ---pagebreak---                                                             ENV/1 11/75-E
                Directive from the Council to the Commission
The preliminary draft Convention, annexed hereto and in the course of
preparation , should "be drawn up in such a way as to enable the Community
to sign and adhere to this Convention and to ensure consistent
implementation of the commitments laid down in it , of those which will
arise from the Convention prepared by the Council of Europe should this
be adopted , and , in general , of the commitments entered into by the
Member States in the programme of action of the Communities on the
environment .