CELEX: 51986PC0563
Language: en
Date: 1986-12-01
Title: PROPOSAL FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO NEGOTIATE AND APPROVE ON BEHALF OF THE COMMUNITY CERTAIN MEASURES AS PART OF THE IMPLEMENTATION OF INTERNATIONAL AGREEMENTS OF A REGIONAL NATURE RELATING TO ENVIRONMENTAL PROTECTION TO WHICH THE COMMUNITY IS A CONTRACTING PARTY

17.12.86                             Official Journal of the European Communities                              N o C 324/ 3
                                                             II
                                                      (Preparatory Acts)
                                               COMMISSION
             Proposal for a Council Decision authorizing the Commission to negotiate and approve on
             behalf of the Community certain measures as part of the implementation of international
             agreements of a regional nature relating to environmental protection to which the Community is
                                                    a Contracting Party
                                                     COM(86) 563 final
                            (Submitted by the Commission to the Council on 2 December 1986)
                                                       (86/C 324/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          region concerned, all of which are parties to the regional
                                                                  agreement in question, and the Commission representing
                                                                  the Community, agree to accept the measures in
Having regard to the Treaty establishing the European             question, it should be possible for the Commission to
Economic Community, and in particular Article 235                 negotiate them and approve them on the basis of this
thereof,                                                          Decision on behalf of the Community;
Having regard to the proposal from the Commission,
                                                                  Whereas, if there was no agreement between the
                                                                  Commission and the Member States parties to the
Having regard      to the   opinion   of   the   European
                                                                  regional agreement, the normal procedure set out in
Parliament,
                                                                  Article 228 (1) of the EEC Treaty would apply;
Whereas the European Economic Community is a
Contracting Party to the regional environmental                   Whereas, if it was impossible to define in an objective
protection agreements listed in the Annex to this                 fashion and in the light of the scientific and technical
Decision;                                                         data available whether the measures to be adopted under
                                                                  these regional agreements would have effects which were
                                                                  less stringent, equivalent to or more stringent than those
Whereas, as part of the administration of these regional
                                                                  provided for by existing Community rules, the normal
agreements, the Commission is required to participate on
                                                                  procedure for the negotiation and approval of such
behalf of the Community in conferences which are auth-
                                                                  measures would also apply;
orized by the agreements to adopt measures which set
limit values or policy objectives which may be either
compulsory or optional, as the case may be;
                                                                  Whereas this Decision in no way alters the rules on the
                                                                  basis of which the exclusive competence of the
Whereas, on grounds of efficiency and so as not to slow           Community is defined,
down the decision-making process and the entry into
force of the regional agreements to which the
Community is a Contracting Party, it is clear from the
experience so far that it would be useful for the                 HAS DECIDED AS FOLLOWS:
Commission, taking into account the specific features of
the regional agreements, to be authorized to negotiate
and approve on behalf of the Community, and on the
basis of a general Council Decision, measures equivalent                                    Article 1
to or less stringent than those provided for by
Community acts;                                                   The Commission is hereby authorized to negotiate and
                                                                  approve on behalf of the Community in the context of
                                                                  the regional environmental protection agreements listed
Whereas, where the Community is to negotiate and                  in the Annex hereto;
approve measures which are more stringent than the
Community standards, such provisions applying only to
the Member States which are parties to the regional               — measures which are equivalent to or less stringent
agreement, if all the Member States which are in the                  than those provided for in Community rules,
 ---pagebreak--- N o C 324/4                                Official Journal of the European Communities                                 17.12. 86
    measures which are more stringent than those                                                 Article 2
    provided for in Community rules where the latter
    allow Member States the possibility of adopting more              The Commission shall conduct the negotiations referred
    stringent national standards and provided that all the            to in Article 1 in consultation with representatives of the
    Member States which are in the region concerned, all              Member States concerned which are party to the
    of which are Contracting Parties to the regional                  regional agreements in question.
    agreement in question, and the Commission                         It will report to the Council immediately concerning any
    representing the Community,               agree to      the       problems which might arise and on the final outcome of
    negotiation and approval thereof.                                 the negotiations.
                                                               ANNEX
              Barcelona Convention
              for the protection of the Mediterranean Sea against pollution (concluded by the Community on 25 July
              1977; OJ No L 240, 19. 9. 1977).
             — Protocol for the prevention of pollution of the Mediterranean Sea by dumping by ships and aircraft
                  (concluded by the Community on 25 July 1977; OJ No L 240 of 19. 9. 1977).
             — Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other
                  harmful substances in cases of emergency (concluded by the Community on 19 May 1981; OJ No L
                  162, 19.6. 1981).
             — Protocol for the protection of the Mediterranean Sea against pollution from land-based sources
                  (concluded by the Community on 28 February 1983, OJ No L 67, 12. 3. 1983.)
             — Protocol concerning Mediterranean specially protected areas (concluded by the Community on 1
                  March 1984; OJ No L 68, 10. 3. 1984).
              Paris Convention
             for the prevention of marine pollution from land-based sources (concluded by the Community on 3 March
              1975; OJ No L 194, 25. 7. 1975) in the North-East Atlantic.
             Bonn Agreement
             for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (concluded
              by the Community on 28 June 1984; OJ No L 188, 16. 7. 1984).
              Convention for the protection of the Rhine
              against chemical pollution (concluded by the Community on 25 July 1977, OJ No L 240, 19. 9. 1977).
             — Additional Agreement to the Agreement, signed in Berne on 29 April 1963, concerning the Inter-
                  national Commission for the Protection of the Rhine against Pollution (concluded by the Community
                  on 25 July 1977; OJ No L 240, 29. 9. 1977).