CELEX: 51990PC0598
Language: en
Date: 1990-12-10
Title: AMENDMENT TO THE DRAFT COUNCIL RESOLUTION ON IMPROVING THE PREVENTION AND TREATMENT OF ACUTE HUMAN POISONING

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             C0M(89) 598 final
                                             Brussels, 9  March 1990
                            Proposal for a
                      COUNCIL REGULATION (EEC)
  on action by the Community for the protection of the environment
                     in the Mediterranean region
                               (MEDSPA)
                    (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                       - 2-                            ûs>/>rf*7:
                             EXPLANATORY MEMORANDUM
I.INTRODUCTION
1. On 14 November 1988 the Commission adopted and sent to the Council, the
European Parliament and the Economic and Social Committee a Communication
on the protection of the environment in the Mediterranean region. 1 This
Communication summarized the situation as regards the specific problems
facing the Mediterranean environment, underlined the acuteness of these
problems, reviewed the principal results obtained during the preparatory
phase (1986-1988) of Community action in this area and set out the general
framework and guidelines for a Community strategy and action plan to
improve the environment in this region.
 In the conclusions to the document the Commission undertook to submit, as
soon as possible, the provisions determining the financial resources that
would be made available for implementation of this action.
2. At its part-session in May 1989         the European Parliament adopted a
    resolution in which it urged that      the financial and legal instruments
    needed for the implementation of        the planned measures be specified
    without delay. To this end it asked    the Commission:
    (a) to adopt as soon as possible           internal provisions to enable
        definition of the means of intervention of the various Community
        structural funds which can use their resources to provide financial
        backing for the environmental preventive measures decided upon;
    (b) to draw up a proposal for a Community Regulation designed to create
        a specific financial instrument to allow supplementary measures to
        be combined with those of existing Community instruments.
3. The Council too, on a number of occasions - unofficial meetings of the
    Ministers for the Environment at Delphi (1 and 2 October 1988) and
    Câceres (May 1989) and the meeting of Heads of State and Government at
    Madrid (26 and 27 June 1989) - has emphasized the importance of
    Community   action to help the Mediterranean region to cope with
    environmental     problems    specific     to    its   fragile  ecosystem.
1   C0M(88) 392 final, 21.11.1988
 ---pagebreak---                                       - 3 -
I I .      ACTION CARRIED OUT UNDER EXISTING COMMUNITY  INSTRUMENTS
1. As already stated in the Communication of 14 November 1988, a large
    number of the measures contained In the list in the Annex can be
    financially supported from the own resources of existing Community
    instruments, including the structural funds.
    In particular, Community action has already been taken on the protection
    of certain biotopes and the protection of forests against fires and soil
    erosion. It is worth examining these measures in order to avoid
    duplication with the Community measures proposed here.
1.1      Community action on the environment
    Council    Regulation  (EEC) No 2242/87 of     23 July 1987 1 allows the
    Community to grant financial support for projects providing an incentive
    and aimed at contributing towards the maintenance or re-establishment of
    seriously threatened biotopes which are the habitat of endangered
    species and are of particular        importance to the Community under
    Direct ive 79/409/EEC.
    Projects providing an incentive and aimed at contributing towards the
    protection or re-establishment of land threatened or damaged by fire,
    erosion and desertification are also eligible for financial support
    under the Regulation.
    The Regulation applies for four years, expiring on 30 July 1991, and
    provides for a total amount estimated at ECU 24 million.
    When the Regulation is renewed, as expected, it is probable that account
    will be taken of the provisions of the proposal for a Council Directive
    on the protection of natural and semi-natural habitats and of wild fauna
    and flora 2 which was sent to the Council by the Commission on
    16 August 1988 and is now under discussion.
1.2      Action envisaged under the structural funds
    The reform of the structural funds and the entry into force of the new
     regulations on their application has had the effect both of increasing
     the resources of these funds, which by 1993 will have twice the level of
    commitment appropriations they had in 1987, and of making environmental
    protection one of the aims of these funds.
ï O J L 207, 29.7.1987, p. 8.
2 OJ C 247, 21.9.1988, p. 3.
 ---pagebreak---                                       - 4 -
1.2.1. The regional plans recently submitted by the Member States requested
       financing for a wide range of projects concerning the environment.
       Substantial resources have been approved for these projects under
       the Community support frameworks (CSF) for underdeveloped regions.
       Projects     financed    concern    air     pollution,    promoting     clean
       technologies, conservation of the countryside, and combating soil
       erosion and desertification. This dimension also characterizes the
       Community support frameworks for the declining industrial regions
       and rural regions covered by Objective 5b.
       In the declining industrial regions the Commission is helping to
       fund industrial-wasteland reclamation projects under its own and
       Member States' programmes (e.g. the non-quota programmes for the
       textile and steel industries, RESIDER and RENAVAL) or new Commission
       initiatives such as RECHAR, the conversion programme for mining
       regions.
       However, resources earmarked for environmental projects under the
       Community support programmes are mainly intended to meet regional or
       national priorities. They cover a wide range of measures and a
       large geographical area.       They are not, therefore, enough to make
       any significant impact on the problems of coastal pollution and
       hazardous waste.
       In the light of this, the Commission has agreed to a regional
       environmental programme (ENVIREG) and decided to invite Member
       States to implement operational programmes focusing on a number of
       priorities      concerning both       Objective 1      regions     and    the
       Mediterranean coastal areas covered by Objectives 2 and 5b.
       In the Mediterranean region the measures covered by ENVIREG and the
       priority areas of intervention for MEDSPA are similar. This is the
       reason why MEDSPA will only contribute to financing operations which
       are not eligible for the Structural Funds in the regions covered by
       Object ives 1 ,2 and 5b.
1.2.2. Funding of environmental projects by the EAGGF Guidance Section is
       governed by Regulation (EEC) No 297/85 on improving the efficiency
       of agriculture structures, 1 and Regulation             (EEC) No 355/77 on
       common measures to improve the conditions under which agricultural
       and    fisheries products are processed          and marketed 2 and       the
       programmes specific to each Member State (Spain, Portugal, Greece
       and Italy).
       The setting up of Community support frameworks, the review of
       horizontal measures and the adoption of an action programme on
       forestry    will   reinforce    still    further   EAGGF    action   on   the
       environment and will make it possible to meet the demands of the
       Member States. In particular, Regulation (EEC) No 1118/88 3 , will
       allow the Community to take action in the less favoured regions of
       Spain to combat soil erosion.
_  „_ X 9 3 , 30.03T1985, p.1
2  OJ L5i, 23.02.1987, p.1
3  OJ L 107, 28.4.1988, p.3
 ---pagebreak---                                      - 5-
        Also, under Regulation (EEC) No 3529/861, as amended by Regulation
         (EEC) No 1614/892, the Community, since 1987, has been setting up a
        programme to support measures to protect forests against fire, the
        estimated cost of which will be ECU 31.5 million over 5 years.
1.2.3. The Social Fund supports projects likely to significantly affect the
         environment in sensitive nature-conservation areas.
         Where permissible, the Social Fund will take part in MEDSPA-related
         projects complementary to those under ENVIREG.
         The Social Fund has already funded the training of specialists in
         the purification and treatment of ballast waters from shipping.
         Aid for job creation has been granted from the Social Fund to
         conserve biotopes of regional interest by, for example cleaning up
         forests.
1.3.     Community R&TD Programmes
    The Commission participates in the promotion and the partial financing
    of research projects concerning environmental protection. Research is
    carried out under the specific programmes making up the Community's
    framework programme for R&TD (1987 to 1991) 3 and will continue under
    the new (1990 to 1994) framework programme now being before the Council
    for adopt ion.4
-   R&TD programme in the field of the environment (1986 to 1990), with a
    budget of 75 mio ECU, implemented by means of shared-cost contracts,
    concerted action (COST), coordination and training activities.^
    The programme covers the areas of environmental protection, climatology,
    and natural and major technological hazards. The revision of this
    programme has led to the formulation of a proposition relative to two
    Programmes of R&TD STEP-EPOCH6
     STEP (Science and Technology for Environmental Protection) (1989 to
     1992) has a budget of ECU 75 million. Its nine broad research areas
     cover the effects of pollution on human health, assessment of risks
     associated with chemicals, air and water quality, soil protection,
 1 0 J L 326, 21.11.1986, p.5
 2 OJ L 165, 15.6.1989, p.10
 3    OJ L 302, 24.10.1987.
 4    OJ C 243, 23.9.1989.
 5    OJ L 159, 14.6.86.
 6 OJ C 327, 20.12.1988
 ---pagebreak---                                          - 6 -
   ecosystems, protecting and conserving the European cultural heritage,
   technologies for environmental protection and major technological risks
   and fire-safety.
-   EPOCH (European Programme on Climatology and Natural Hazards) (1989 to
    1992) has a budget of ECU 40 million and comprises four research areas:
    past climates and climate change, climate processes and models, climatic
    impacts and climate-related hazards, and seismic hazards.
-   The Joint Research Centre's environmental specific programme for
    research (1988 to 1991) has a budget of ECU 77 million 1 . The research
    is carried out in the laboratories of the JRC.
    The programme breaks down, among others, into the areas: chemical
    pollution, .in pollution, watfii quality, and «nv i ronmcint a I studies on
    tho Mod i toi I ano.m lia^ins.
    The JRC's specific programme for research includes research into the
    application of remote-sensing techniques (ECU 36.5 million) for land use
    monitoring and management in Marginal areas of the Community and the
    mar ine env i ronment.
-   MAST (Marine Science and Technology) (1989 to 1 9 9 2 ) 2 has a budget of
    ECU 50 million for research aimed at improving management and protection
    of the marine environment. Research focuses on: basic and applied
    marine science (including modelling), science and technology for coastal
    areas, and marine technology. The programme also includes measures to
    coordinate the work of ocean research vessels, training and the
    development of common norms for oceanographicaI instruments and systems.
-   MONITOR is a programme in the field of strategic analysis, forecasting
    and evaluation in matters of research and technology (1989 to 1 9 9 2 ) 3
    It has a budget of ECU 22 million.
    One of the analyses to be carried out under the SAST strategic-analysis
    subprogramme is a study into scientific and technological strategies
    which might help overcome the environmental problems generated by
    transport.
   etiuM jn<t iy:,t!-, i.unctu H tMivi tournent iclated scientific and technological
   matters such as           identifying the opportunities presented by new
    information, telecommunications and modelling technologies for improving
   env i ronmental-management capac i ty.
1.4.     Cooperation with non-Member States
a. The financial protocols to the bilateral agreement signed between the
   EEC and non-Member States in the Mediterranean region (Turkey, Cyprus,
   Malta, Egypt, Tunisia, Algeria and Morocco) have recently been renewed.
   None of the indicative programmes which determine specific objectives
   for      financial       and      technical     cooperation,    priority   areas
i OJ L 286, 20.10.1908
/ 0 j L 200, 13.0/. lOf'/J
3 0J L 200, 13.07.1989
 ---pagebreak---                                - 7 -
of action and measures envisaged by these protocols, makes provision for
use of budgetary resources managed by the Commission for measures to
protect the environment, although a certain percentage of EIB loans are
to be used for waste water purification and treatment projects.
However, a slight change in this trend is taking place: Egypt invoked
the financial protocol associating itself with the European Community in
order to make possible Commission assistance with a project to set up
and manage a nature reserve on the Red Sea. Malta, with the help of the
Commission, made plans for a genera! control pollution project enabling
it to acquire pollution control equipment.
There is an urgent need therefore to use all the Community's influence
to make these countries aware of the importance of including an
environmental dimension in their development policies and to take action
now so that, during negotiations to renew these financial protocols (4th
protocol) the groundwork can be laid for environmental protection to
figure as one of the priority areas for cooperation. To this end, the
Commission   has   planned   a meeting    with  all   the  non-Community
Mediterranean countries    in conjunction with a Conference on the
environmental management to be held in Nicosia
(Cyprus) from 26 to 28 April 1990.
The Community Budget contains another instruments ALA-MED, for
assisting both non-Community Mediterranean countries and Asian and the
Latin-American countries in the field of scientific cooperation.
Specific appropriations are earmarked to support scientific cooperation
under agreements signed by the Community with non-associated countries
not benefiting from a financial protocol.
This instrument allowed a number of research projects and actions of
scientitifc mobility in the environmental field, with two countries to
benefit, Israel and Yugoslavia.
The environment is without doubt the most extensive area of cooperation
with Yugoslavia; 16 projects, to which the Community has contributed
about ECU 1.7 million, are already under way.
The environment is also a major element in cooperation with Israel and
several projects have been carried out. Cooperation centred on water-
related problems. In all, 9 research projects were established with a
Community stake of ECU 660 000.
The Community budget also contains other headings for providing to
non-Community Mediterranean countries      in projects to protect    the
environment. However, these have proved too limited to cope with the
real needs of such a sensitive and over-exploited environment.
Experience has shown that, in spite of its small financial contribution,
the Commission can act as a catalyst in a field which, in most cases,
 is not a priority area of cooperation. Preliminary results of the
measures already implemented indicate that demand will increase in the
future. A greater commitment by the Commission should make it possible
to keep this trend moving in the desired direction.
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1.5      European Investment Bank
    Over the last few years the Bank has been extremely willing to grant
    loans for environmental purposes. According to the annual report for
    1988, EIB financing of investment designed specifically to protect or
    improve the environment totalled more than ECU 1 200 million in 1988,
    14.3% of all its financing, compared with an average of 9.3% of all its
    financing between 1984 and 1987. The projects were carried out in ten
    Member States, particularly Italy, Germany and Spain.
    More than 6 0 % of the total is for waste water treatment projects or
    projects to improve the quality of drinking water and almost one third
    concern atmospheric emissions by industrial plants. The Bank has also
    financed an increasing number of different projects on combating soil
    erosion and flooding, on reforestation and on the treatment of urban and
    industrial waste as a means of helping to improve the urban environment.
    Conditions are right therefore for closely involving the Bank in
    Community action to protect the environment in the Mediterranean region
    and in the programmes deriving from this action. The various forms of
    assistance - subsidies and loans - should be combined in such a way as
    to maximize the knock-on effect of the budgetary resources used.
         ROLE OF THE COMMUNITY'S ACTION (MEDSPA)
    The experience acquired during the preparatory phase gave the Commission
    a clearer idea of the possibility of action under MEDSPA and a firmer
    def ini t ion of i ts role.
(a)      International scope
    The first need was for an awareness of the fact that environmental
    pollution in the Mediterranean region is not only of local or regional
    consequence       but  has   international,    and    in particular   European,
     implications. Consequently, only coordinated international action can
    take account of these multiple interests and efficiently implement the
    action decided upon.
(b)      Support for the Community's environment       programme
    When     it    adopted   the   fourth   environmental    action  programme   in
    October 1987, the Council asked the Commission to concentrate on two
    priority      areas,   namely    the   practical    application  of   Community
    legislation and integration of environment policy with economic and
    social development. This means that MEDSPA must play an active role in
    these two areas and help Mediterranean regions to apply existing
    Community      legislation correctly or to facilitate implementation of
    directives currently being prepared.
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(c)      Coherence
   The projects to protect the environment in this region cannot stand
   alone. The Commission will ensure that the measures taken by the
   different Community instruments will form a coherent and harmonious
   whole, attacking the problems identified as acute and of major
    importance to the region.
   A coherent approach will increase impact by avoiding unnecessary
   duplication of effort and bridging any gaps in current policy.
(d)      Guidance
   Analysis of the projects carried out in the preparatory phase has
    served to establish guidelines and to determine priorities not only for
   MEDSPA but also for other Community financial instruments, particularly
    the structural funds. This process should continue in the future.
(e)      Complementarity
    This proposed Community measure will be complementary with other
    Commission fields designed to achieve similar objectives and in
    particular with the ENVIREG scheme which covers similar areas of action.
    In order to achieve tangible results throughout the Mediterranean
    region, MEDSPA will help to achieve the ENVIREG objectives by operating
    in regions of the Community not eligible for ENVIREG assistance or for
    other Community financial instruments.
(f)      Solidarity
    The protection of a semi-enclosed sea such as the Mediterranean can only
    be conceived of in a multilateral framework, which involves all the
    r ipar ian countr ies.
    Community action to protect the Mediterranean should therefore cover the
    whole region using all the means provided by the international
    organizations active in this field, the means available in the framework
    of the cooperation agreements established by the Community with the non-
    Community Mediterranean countries and the facilities provided by other
    Community instruments for this type of action. MEDSPA can make Community
    operations more effective and act as a catalyst with non-Community
    countries by helping them to set up the administrative, legislative and
    technical structures they need to manage the environment properly.
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(g)     Cooperation
   There must be effective coordination with the international bodies and
   other organisms working towards slmiliar ends in the same region,
    particularly UN specialized agencies such as the MAP, the European
    Investment Bank and the World Bank.
IV PRIORITY AREAS FOR INTERVENTION
    An indicative list of the main environmental problems specific to the
    Mediterranean   region  has been        prepared   with  the help of the
    Advisory Committee and is annexed to the Communication of November 1988.
    However, in order to concentrate on the most pressing and acute
    problems, it was felt that for an initial period of five years it would
    be preferable to concentrate on a limited number of priority areas.
    These areas were selected on the basis of (a) the results of the
    preparatory phase (1986-1989), (b) the results of the study carried out
    by the EIB and the World Bank, (c) the priorities set by the contracting
    parties to the Barcelona Convention in the context of MAP and (d)
    information contained in reports on the state of the environment
    prepared by the various Mediterranean Member States.
(a)     Purification and treatment of urban sewage
    The total quantity of liquid waste discharged into the Mediterranean is
    estimated at 2.109 m 3 p e r v e a r f r o m urban areas and 6.10 9 m 3 per
    year from industrial activities (UNEP 1987), 6 0 % of these discharges
    resulting from activity along the Mediterranean coasts and the rest
    coming from the surface catchment area.
    It has been estimated that 9 0 % of urban effluent is discharged into the
    environment untreated. This has undesirable effects on public health and
    may be a serious cause of microbiological and chemical contamination of
    bathing water and shellfish waters. In fact, bathing is one of the most
    important uses of Mediterranean coastal waters. For a large part of the
    year the coasts are used for leisure activities, not only by local
    people but also by more than 100 million tourists either from inland or
    from abroad. In fact, the users of the Mediterranean coast come from so
    far afield that it is really a major European recreation area. If the
    riparian states want their tourist industry to continue to thrive, they
    will have to assign priority to protecting the quality of the water in
    these areas by taking action on untreated effluent.
 ---pagebreak---                                       - 11 -
    Among the most recent and the most striking examples are the events in
     the Northern Adriatic. They show the extent to which the quality of the
    environment and the development of tourism are related. The economic
     survival of a whole region now depends on combating the causes of algal
     bloom. Although this requires substantial financing which could not be
     adequately met from existing Community instruments, MEDSPA could help to
     draft a plan of action and could arm itself with instruments for the
    overall management of the affected area and ensuring the protection of
     the river basin's waters.
     It is clear that the requirements in both infrastructure and equipment
     are enormous, especially in an area like the Mediterranean region which
     generally has a low GNP.
     Apart from the financial problem there are technical problems too. There
     are such dramatic seasonal changes in population as a result of tourism
     that during the high summer season the number of residents may double
     or increase tenfold. These problems primarily affect smaller towns and
     small islands because, from a technical point of view it is much easier
     to devise a water treatment system for a large town with a stable
     population where the quantity and quality of effluent is more or less
     constant than a small community where the population is subject to
     dramatic seasonal changes.
     It is also more difficult for small municipalities to afford the
     services of independent consultants to help choose the most suitable
     waste water treatment process and the instruments required to manage and
     maintain equipment efficiently. As a result existing stations often
     break down or operate inefficiently.
     Following an informal meeting of environment ministers in    Frankfurt  on
     27 and 28 June 1988, the Commission finally came up with a   proposal  for
     a directive on common measures on waste water treatment 1 .   Adoption  of
     this proposal will considerably improve matters and will     increase  the
     level of commitment required of small communities.
 (b)      Solid waste management
     Waste is a potential source of serious pollution in the Mediterranean.
     The common sight of household waste littering the roads, beaches and
     countryside testifies to the inadequacy of waste collection and disposal
     fac i Ii t ies.
     This uncontrolled tipping the most serious, and most visible, threat to
     the environment in the broadest sense, particularly to groundwater, and
     remedial action will have to be taken. Nevertheless, in order to comply
     with the Community policy on waste management adopted by the Commission
     September 1989 2 the accent     in the future will have to be placed
     increasingly    on prevention   (use of clean    technologies   and   more
    environment-friendly     products),    recycling  (separate    collection,
    container parks, etc.) and more efficient methods of final disposal
     (physical, chemical or biological treatment).
V CÔM(89)518 finTI of 13.11.89
:• SFC(89)934 final
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    In fact, in regions like the Mediterranean coast where the pressure of
   population is growing all the time, it is becoming increasingly
   difficult to find sites for controlled tipping.
   Apart from the economic benefits of selling recovered materials, it can
   also be extremely worthwhile to use organic waste from, for example, the
   composting of household waste to fertilize and enrich farmland in order
    to   combat    impoverishment   as    a result   of   soil erosion   and
   desert i f icat ion.
(c)     Management of hazardous waste and sewage sludge
   Because facilities for storing, treating and disposing of toxic and
   hazardous waste are inadequate, this waste has to be transported, which
   considerably increases the environmental risks. In 1983, between 10 and
    11% of ail hazardous waste produced had to cross frontiers to be
    treated, stored or disposed of in a country other than the country of
   origin. Although it is important to avoid a proliferation of disposal
   plants, since it would be very difficult to monitor these, it is
    important to manage this waste properly in order to protect the
   environment, and to plan investment so as to take account of quantities
   and flows of waste to be treated.
(d)     Management of waste waters from shipping
   This is a particularly serious problem in view of the fragility of the
   Mediterranean ecosystem and the volume of shipping traffic. in ail,
   600 million tonnes of oil are carried in the Mediterranean each year,
   which is equivalent to 35% of world traffic. In 1988 the UNEP estimated
    the quantity of oil discharged into the Mediterranean each year as a
    result   of    removing   ballast, washing    tanks  and   degassing  at
    330 000 tonnes out of a total of 635 000 tonnes; the remainder was the
    result of municipal discharges (160 000 tonnes), industrial discharges
    (110 000 tonnes) and precipitation (35 000 tonnes).
   Other chemical substances carried from one Mediterranean port to another
   are a major source of toxic and dangerous materials. The international
   MARP0L convention designated the Mediterranean a "special area" where
   all discharges are prohibited. However, the fact that Mediterranean
   ports do not have the requisite facilities gives shippers an excuse to
   disregard the obligations imposed by MARPOL.
(e)     Biotopes of Community interest
   The coastal biotopes identified in the Mediterranean are becoming
    increasingly threatened by urban and industrial development along the
   coastline, the growth in tourism and the lack of land use planning.
    It is urgently necessary to make an effort to reconcile protection of
   these areas with the development of certain economic activities, which
    is the only way of ensuring their medium- and long-term survival.
 ---pagebreak---                                     - 13 -
  Measures taken under the Community's MEDSPA programme in this area
  should serve to complement action taken under the ACE programme. If the
  scope of ACE is ever extended to include biotopes other than those which
  are the habitat of threatened bird species, then measures in this area
  can be taken over completely by ACE.
V PROPOSED MEASURES AND PRIORITIES
  After examining the various problems affecting           the Mediterranean
  environment,     the   Commission    evaluated  the   main   obstacles    to
   implementation of an effective policy for protecting the environment in
  the Mediterranean. These obstacles are:
       inadequate administrative structures responsible for management of
       the environment;
       I i tt le or no help for small local communities with the maintenance
       of faciIi t ies;
       lack of information on the state of the environment as a means of
       working out coherent action strategies;
       no improvement plans;
       lack of infrastructure, particularly for waste water treatment and
       solid waste management;
       insufficient use of clean technologies;
       inadequate training of specialists;
       insufficient sensibility with respect to the environment.
  For the first five-year phase (1990-1994) it is proposed to concentrate
  on the following problems.
  1.   In respect of towns with less than 100 000 inhabitants      in coastal
       regions of the Community eligible under MEDSPA:
   (a) collecting, treating and recycling waste water;
   (b) collecting, treating, storing, recycling and disposing        of  solid
       waste.
  2.    In respect of all coastal    regions of the Community eligible under
       MEDSPA:
   (c) storing and treating the waste water discharged by ships when
       removing ballast or washing tanks which contains residues of oil or
       other chemicals;
   (d) integrated management of biotopes of Community interest.
       In respect of Community regions eligible under MEDSPA :
   (e) collecting, treating, storing, recycling and disposing of toxic and
       dangerous wastes and sewage sludge produced by waste water treatment
       p I ants.
 ---pagebreak---                                       - 14 -
        In respect of non-Community Mediterranean countries;
    (f) helping to establish the requisite environmental administrative
        structures;
    (g) helping to establish environmental policies and action programmes;
    (h) where necessary, implementing specific measures in the priority
        areas referred to in points (a) to (e) above.
VI RESOURCES
    MEDSPA must be allocated its own budgetary resources. These will be
    used to supplement      existing financial      instruments. They will   be
    allocated mainly for measures described in chapter V, if they are not
    eligible for structural funds or other financial Community instruments
    and will serve to stimulate and promote awareness, producing effects of
    synergy, and promote inter-regional or international cooperation. The
    aim will be to provide also the technical assistance and expertise
    required for proper management of the environment and implementation of
    the proposed measures, particularly         in non-Community Mediterranean
    countr ies.
Measures could thus include pilot or demonstration projects, although
various different forms of financing could be used, like the granting of
subsidies, interest subsidies and repayable advances.
This scheme will     run  for   a period   of  ten  years,  subdivided into two
five-year phases.
Due to the fact that the first phase is beyond the period covered by the
 Inter-institutional Agreement and the Financial Propspects, at this stage-,
the necessary credits can only be defined for the period of 1990-1992.
For the first three years the financial resources considered necessary for
MEDSPA amount to ECU 37 million for the first five-year phase, divided up
as fol lows:
                     1990              1991            1992
                  ECU 9 mi I I ion ECU 13 mi I I ion ECU 15 mi I I ion
The ECU 9 million earmarked for 1990 have been entered in the preliminary
draft budget for 1989. The proposed amounts for the period 1990-1992 start
from the hypothesis that both the Commission and the Council admit to
MEDSPA a special priority, whichever will be the result of the revision of
 the Financial Prospects.
 ---pagebreak---                                   - 15 -
In principle,    these  resources  will  be spread  over  the  five years  as
fol lows:
        85% will  be used   to finance measures adopted  under  the  proposed
        scheme;
        10% will be used for technical assistance with the scheme;
        5% wi I I be earmarked for collecting the information required to
        implement the scheme and to improve dissemination of information
        within the Community and between the EEC and non-Member States.
As a rule, the Commission proposes to limit its contribution to the
financing of measures selected under the scheme to no more than 50% of the
cost of a measure in the case of public investment projects or pilot and
demonstration schemes and 30% in the case of private investment projects.
However, it would be prepared to contribute as much as 100% of the total
cost of information and public awareness campaigns and operating costs.
A further estimate will be required in order to determine the level of
funding required for the second phase. This will take place in the fourth
year of implementation of the scheme at the very latest and will be based
on a report assessing the first phase.
 ---pagebreak---                                      16 -
                              Proposal for a
                         COUNCIL REGULATION (EEC)
            on action by the Community for the protection of
               the environment in the Mediterranean region
                                  (MEDSPA)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having  regard   to   the  Treaty   establishing  the  European  Economic
Community, and In particular Article 130s thereof,
Having regard to the proposal from the Commission1,
Having regard to the opinion of the European Parliament2,
Having regard to the opinion of the Economic and Social Committee3,
Whereas pursuant to Article 2 of the Treaty the Community has as its
task,  Inter alia, to promote     throughout  the Community  a harmonious
development of economic activities, a continuous and balanced expansion
and an increase in stability;
1   OJ No C ...
2   OJ No C ...
3   OJ No C ...
 ---pagebreak---                                       - 17 -
Whereas   pursuant   to Article 130r      of   the   Treaty   one  of   the   chief
objectives   of   Community    action   relating    to   the  environment    is to
preserve, protect and Improve the quality of the environment; whereas,
in preparing this action, the Community          Is required to take account,
Inter alia, of environmental conditions in the various regions of the
Community and of the economic and social development of the Community
as a whole and the balanced development of its regions;
Whereas   a certain    number   of operations      for   the  protection    of  the
environment    In  the   Mediterranean     region    can   be  carried   out   more
successfully by the Community than by Individual Member States;
Whereas the Council Resolution of 7 February 1983 on the continuation
and Implementation of a European Community policy and action programme
on the environment     (1982-1986)1    lists protection of the Mediterranean
region as one of the areas in which it is particularly              important for
the Community to take action; whereas this declaration was repeated in
the    resolution     of    19 October 1987     on     the     continuation     and
 implementation of the abovementloned policy and action programme from
1987   to  19922,   which    listed   overall   and    integrated   environmental
protection of the Mediterranean region as one of the priority areas;
Whereas   in its communication on the protection of the environment              in
                           3
the Mediterranean basin , presented to the Council on 24 ApriI 1984,
the Commission undertook to formulate a strategy and action plan for
the protection of the environment In this region;
1    OJ No C 46, 17.2.1983, p. 1.
2    OJ No C 328, 7.12.1987, p.1.
3    OJ No C 133, 21.5.1984, p. 12.
 ---pagebreak---                                         - 18 -
Whereas   the   communication     on   protection    of  the   environment      in the
                         4
Mediterranean     region , adopted      by the Commission      on   14 November 1988
and presented to the Council, the European Parliament and the Economic
and Social Committee, specified guidelines for this strategy and action
plan;
Whereas, in view of the vulnerability of the Mediterranean environment
and   of  the   pressures     to   which    it  Is   exposed,    the    environmental
operations     carried     out    at     regional,     national,     Community     and
international    level must be intensified and made more effective;
Whereas the region forms an ecological entity and whereas protection of
the   Mediterranean     Sea   would    be    Inconceivable    without      a  combined
international effort by all the littoral States;
Whereas,    by      virtue     of        geomorphologlcal      and    socio-economic
similarities, the Atlantic coast of the Iberian Peninsula, south of the
river Tagus,     is an ecological      entity comparable     to the Mediterranean
region;
Whereas   the   Community    should     contribute    to   implementation      of  the
environmental    operations by providing         financial   support     for  specific
measures;
Whereas    the     Community's     structural      funds   and     other     financial
Instruments may be used, in accordance with the rules, regulations and
objectives    governing    them,    to   help   finance   some    of   the   types  of
operation provided for by this          Regulation.
    C0M(88) 392 final, 21.11.1988,
 ---pagebreak---                                       19 -
Whereas   the  Commission   has  decided   to   launch   a  scheme  concerning
structural funds and the environment (ENVIREG); whereas, on the other
hand, it is necessary to launch an additional scheme to benefit the
environment   in the Mediterranean region, which Is the subject of this
Régulât ion;
Whereas an adequate amount of funding Is required for the realisation
of the objectives of the scheme; whereas the first phase is to be of
five years' duration and extends beyond the period which is covered by
the Inter-institutional Agreement and the Financial Prospects; whereas
it   is  not   possible  at   this   stage   to   fix   the   necessary  funds
definitively for the entire period covered by the action plan;
Whereas an advisory committee should be set up to assist the Commission
in implementing this Regulation,
HAS ADOPTED THIS REGULATION:
                                  Article 1
1.  Community action relating to the protection of the environment In
    the Mediterranean region (MEDSPA) is hereby instituted.
2.  The action shall cover the entire Mediterranean region, both within
    the Community    and  outside, together     with   the non-Mediterranean
    Spanish and Portuguese territories of the Iberian Peninsula, south
    of the River Tagus.
 ---pagebreak---                                 - 20 -
                              Article 2
1. The objectives of the Community action to be undertaken under this
   Regulation shall be*.
       to intensify efforts to protect and improve the quality of the
       environment and to Implement Community environment policy in
       the region concerned;
       to help make the environmental dimension a more integral part
       of action taken by the Community pursuant to other Community
       policies;
       to   maintain  and  Increase  the  effectiveness  of   Community
       measures on the environment In the Mediterranean region-,
       to increase the cooperation on protection of the environment in
       the region concerned, by integrating Community action and the
       operations carried out at regional, national and international
        level ;
       to encourage the transfer of the appropriate technologies to
       protect the Mediterranean environment.
                              Article 3
1. The budgetary resources allocated to the operations provided for In
   this Regulation will be shown In the annual appropriations in the
   General Budget of the European Communities to the extent of the
   resources available for that year.
2. The abovementioned budgetary resources shall be used in accordance
   with this Régulât Ion.
 ---pagebreak---                                   - 21 -
                                Article 4
Priorities for the first five-year phase are listed In the Annex.
Priorities   for  the  second   five-year  phase  will   be  reviewed  In
accordance with the procedure laid down in Article 14.
                                Article 5
The financial support provided for In this Regulation may be granted in
respect of operations which fall within the priorities referred to in
Article 4.
Where appropriate, the financial support may also be granted In respect
of operations which
    are undertaken to deal with a grave situation or a rapidly changing
    situation, or
    permit  the transfer of technologies and their adaptation to the
    situation in the Mediterranean environment, or
    are undertaken to deal with a problem which      Is liable, within a
    short  time, to give rise to a lasting change      in the ecological
    conditions in the area concerned.
                                Article 6
1.  Operations benefiting from aid under a structural fund or any other
    Community financial instrument shall not qualify for the financial
    support provided for in this Regulation.
2.  The financial support may be granted in respect of the operations
    referred to in Article 5 provided such operations do not qualify
    for    aid   under    other    Community    financial    Instruments.
 ---pagebreak---                                    - 22
                                  Article 7
1. All  natural   or  legal   persons and    associations    bearing  ultimate
   responsibility for the implementation of the operations referred to
   In Article 5 may qualify for financial support.
2. The financial support shall take the form of:
   capital    grants    towards    Investment     in   projects   other   than
   infrastructure projects; or
   financial   contributions towards pilot or         demonstration schemes,
   towards measures designed to provide the information necessary for
   the    implementation    of   the   operations     or   towards   technical
   assistance measures decided upon by the Commission; or
   interest rebates for infrastructure projects; or
   repayable advances decided on a case-by-case basis.
                                  Article 8
1. Community financial support for the operations listed in Article 5
   shall be subject to the fol Sowing limits:
       a maximum of 50% of        the total    cost   in the case of    public
        Investment projects, and pilot or demonstration projects;
       a maximum of 30% of the total cost            in the case of private
        investment projects;
       a maximum of 100% of the total cost of measures designed to
       provide   the   information    required   for   implementation of   the
       operations or of technical assistance measures decided upon by
       the Commission.
 ---pagebreak---                                      23 -
                                Article 9
1.  In order to guarantee the success of the operations carried out by
   beneficiaries of Community financial support, the Commission shall
   take the necessary measures:
        to verify   that actions financed by the Community        have been
        properly carried out;
        to prevent and take action against irregularities;
        to  recover   any   amounts   wrongly  paid   as  a  result   of  an
        irregularity or negligence.
2. Without prejudice to checks carried out by the Court of Auditors in
   conjunction with     the competent   national  control   Institutions or
   services under Article 206b of       the Treaty or    to any   inspection
   carried out on the basis of Article 209c of the Treaty, Commission
   officials or employees may carry out on-the-spot checks, including
   sample   checks,   in respect   of operations    financed  by   Community
   act ion.
   Before carrying out an on-the-spot check, the Commission shall give
   notice to the beneficiary concerned with a view to obtaining all
   the assistance necessary.
3. For a period of three years following the last payment in respect
   of any operation the beneficiary of financial support shall keep
   available for the Commission all the supporting documents regarding
   expenditure on the operation.
 ---pagebreak---                                       24 -
                                 Article 10
1. The Commission may reduce or suspend payment of financial support
    in respect   of  any    operation   if   it finds   Irregularities or    a
   significant   change    affecting   the   nature  or   conditions   of  the
   Community action for which the Commission's approval has not been
   sought.
2.  If the completion dates have not been respected or if a particular
   operation has been carried out        In such a manner that payment of
   only part of the financial support allocated to it is Justified,
   the Commission shall ask the beneficiary to submit his comments
   within a fixed period.      Unless adequate justification is produced,
   the Commission may cancel the remaining portion of that support.
3. Any sum which is unduly received by the beneficiary shall be repaid
   to the Commission.      Interest may be charged on sums not repaid in
   due time. The Commission shall lay down the detailed rules for the
    implementation of this paragraph.
                                 Article 11
1. The    Commission    shall    ensure    effective    monitoring    of   the
   implementation of the Community action.         Such monitoring shall be
   carried out by means of reporting procedures agreed jointly between
   the Commission and the beneficiary of the operation and by spot
   checks.
   The   Commission  shall    report   to   the  committee   referred   to  In
   Article 12 on    the   progress made     in  implementing   the  Community
   action, including the use made of appropriations.
 ---pagebreak---                                     - 25
2. For each multlannual action, the beneficiary shall submit progress
   reports to the Commission within six months of the end of each full
   year of Implementation.      A final report shall be submitted to the
   Commission within six months of completion of the operation; for
   each   operation   to  be   implemented    over   a  period   of   less   than
   two years, the beneficiary shall submit a report to the Commission
   within   six months of     completion of     the  action.    The   Commission
   shall determine the form and content of the reports.
3. On the basis of the monitoring reports and procedures referred toin
   paragraphs   1   and  2,   the   Commission    shall   make   any   necessary
   adjustments    to  the   amount    of   the  financial    support    approved
   initially, to the conditions for granting that support and to the
   projected schedule of payments.
4. The   Commission    shall    lay   down   the   detailed    rules    for   the
   implementation of this Article.
                                  Article 12
1. For  the purposes of      Implementing the operations referred          to In
   Article 5 the Commission shall be assisted by a committee of an
   advisory   nature   composed    of  the   representatives of      the Member
   States and chaired by a representative of the Commission.
2. The representative of the Commission shall submit to the committee
   a draft of the measures to be taken.          The committee shall deliver
   Its opinion on the draft within a time-limit which the chairman may
   lay down according to the urgency of the matter, if necessary by
   taking a vote.
 ---pagebreak---                                       - 26 -
3.  The opinion shall be recorded         In the minutes; in addition, each
    Member State shall     have   the right     to ask   to have    its position
    recorded in the minutes.
4.  The   Commission   shall   take    the  utmost    account   of   the  opinion
    delivered by the committee.        It shall   inform the committee of the
    manner in which its opinion has been taken into account.
                                   Article 13
The  list of measures which have received financial            support shall be
published   for  information    purposes    in the Official      Journal  of  the
European Communities.
                                   Article 14
This Regulation shall enter into force on 1 January 1991.
It shall apply for ten years, divided          into two five-year phases. In
1995 the Council, acting on a proposal            from   the Commission, shall
assess the results and decide on any amendments to this Regulation, in
particular with regard to the priority measures to be taken for the
implementation of the second phase.
This   Regulation   shall   be   binding     in   its   entirety   and   directly
applicable in all Member States.
Done at                                             For the CounciI
                                                    The President
 ---pagebreak---                                       - 27 -
                                     ANNEX
      ACTION BY THE COMMUNITY FOR THE PROTECTION OF THE ENVIRONMENT IN
                           THE MEDITERRANEAN   REGION
               Priority measures eligible under this Regulation
1. Action in the European Community
   For coastal towns with less than 100 000 inhabitants and small islands:
   collection, treatment, storage and disposal of waste water and solid
   waste
   Collection, treatment, storage, recycling and disposal of sewage sludge
   and toxic and dangerous waste
   Treatment of water    from  ships'  tanks  containing   residues   of  oil  and
   other chemicals
   Integrated   management  of  biotopes   of  Community   interest    in  coastal
   regions
2. Action in non-Community Mediterranean countries
   Help    with    the   establishment   of    the    requisite     environmental
   administrative structures
   Technical assistance required     for  the  establishment   of   environmental
   policies and action programmes
   Where necessary, specific measures in the priority areas referred to in
   paragraph 1.
 ---pagebreak---                                        - 28 -
                            FINANCIAL STATEMENT (IN ECU)
1. Budget heading
    CHAPTER 66
     ITEM 665 New item (preliminary draft budget for 1990)
    Former items:
    1985  Budget  :  Article 665                    81 359.63 (implementation)
    1986  Budget  :  Article 665                   900 000.00
    1987  Budget  :  Article 665                 1 000 000.00
    1988  Budget  :  Article 6610 (part thereof) 1 100 000.00
    1989  Budget  :  Article 6610 (part thereof) 5
    Title
    Environment : Community action for the protection of the environment in
    the Mediterranean region (MEDSPA)
3. Legal basis
    Proposal for a Council Regulation on action by the Community for the
    protection of the environment in the Mediterranean region, approved by
    the Commission on 29.11.1989.
4
  - Description and justification
4.1      Object ives
    To intensify efforts to protect and improve the quality of the
    Mediterranean environment and to implement Community environment policy
    in the region concerned
    To help make the environmental dimension a more integral part of action
    taken by the Community pursuant to other Community policies
    To maintain and increase the effectiveness of the measures taken by the
    Community on the environment in the Mediterranean region
    To increase the cooperation in protecting the environment in the region
    concerned, by strengthening the integration of the Community action and
    the operations carried out at regional, national and international level
    To encourage the transfer of the appropriate technologies to protect the
    Mediterranean environment.
 ---pagebreak---                                      - 29 -
                                     - 2 -
4.2      Justification
    The vulnerability of the Mediterranean environment and the pressures to
    which   it is exposed call for greater solidarity among Community
    countries to produce the most effective response possible to all the
    pressures and threats.
    If it is to    be effective, the action must take the form of an aid
    strategy and   programme compatible with the whole panoply of measures
    being taken   in the region. It must fill some of the gaps, act as a
    catalyst and  provide guidance.
5. Proposed classification of the expenditure
    Non-compulsory expenditure
    Differentiated appropriations
6. Type of expenditure and method of calculation
6.1      Type of expenditure
-   Capital grants towards investment   in projects other than   infrastructure
    projects.
-    Financial contributions towards pilot or demonstration schemes and
     towards measures designed to provide the information necessary for the
     implementation of the action or technical assistance measures decided
    upon by the Commission
     Interest rebates for infrastructure projects
-    Repayable advances decided on a case-by-case basis.
-    Funding may also be granted for descriptive analyses and assessments,
     consultancy,   the provision of services, studies, expert         surveys,
     training, seminars, visits, purchase of equipment and all other measures
     required to achieve the programme's objectives.
6.2      Method of calculation
     The figures specified for each item of     expenditure  are   given  as an
     indication and may be revised each year.
 ---pagebreak---                                - 30 -
7.  Financial implications for operational appropriations
7.1 Total cost(indication only) over the period 1990-1992:
    ECU 37 mi I I ion
7.2 Community's share in the total cost of the action   (%)
    The Community's share should not exceed:
        a maximum of 50% for public investment projects, and pilot or
        demonstration projects
         a maximum of 30% for private investment projects
         a maximum of 100% for other operations covered by         the
         Régulât ion.
 ---pagebreak---                                      - 31 -
7.3      Multiannua I schedule (Indlcation only)
7.3.1    Commitment appropriations ( in ECU )
Expenses                 1990          1991         1992           TOTAL
(1)
Cover ing measures,
collect ion of in-     1.350.000      1.950.000      2.250.000    5.550.000
format ion and
follow-up
(2)
Speci f ic measures    7.650.000     11.050.000     12.750.000   31.450.000
TOTAL                  9.000.000     13.000.000     15.000.000   37.000.000
7.3.2    Payment appropriations
Exp.    1990        1991        1992         1993        1994         TOTAL
(1)    675.000   1.650.000    2.100.000     1.125.000             5.550.000
(2) 2.295.000    7.140.000  10.880.000      8.585.000  2.550.000 31.450.000
TOT 2.970.000    8.790.000  12.980.000      9.710.000  2.550.000 37.000.000
 ---pagebreak---                                 - 32
                                                  Task Force on SMEs
             COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
I.   What is the main reason for introducing the measure?
     To protect/improve     the quality of      the environment    in the
     Mediterranean region and thereby contribute to the completion of the
     single market and implementation of the Single European Act.
II.  Features of the businesses concerned.   In particular:
(a)  Are there many SMEs?
     Many businesses in the Mediterranean region are concerned by the
     programme, particularly the large number of SMEs.
(b)  Have any mergers been noted in regions which are:
(i)  eligible for regional aid in the Member States?
     Yes, in all of the regions eligible for these regional aids and
     belonging to the area covered by the programme, which are the
     Mediterranean region of France (Languedoc-RoussiI Ion, Provence-
     Alpes-Côte d'Azur, Corsica) and Spain, Italy, Greece and the non-
     Mediterranean parts of Spain and Portugal south of the River Tagus.
(ii) eligible under the ERDF?
      Idem (The new list of regions within the area and eligible for ERDF
     aid, particularly Objective 1 regions, published         in Official
     Journal No L 185 of 15 July 1988, will enter         into effect on
     1 January 1989.)
III. What direct obligations does this measure impose on businesses?
     None
IV.  What indirect obligations are local authorities likely to impose on
     businesses?
     None
V.   Are there any special measures in respect of SMEs?   Please specify.
     No
VI.  What is the likely effect on:
(a)  the competitiveness of businesses?
     The operations planned do not directly place any obligations on
     businesses. The result of the measure whose main objective is the
     protect ion/improvement of the environment will be to improve the
     competitiveness of businesses.
 ---pagebreak---                                      - 33 -
    Although this effect is difficult to assess, the action planned will, in
    particular, have a favourable impact on tourism and on businesses
    undertaking     infrastructure   work. Furthermore,   a   more    healthy
    environment and better land-use planning will encourage companies to set
    up in the region.
(b)      employment?
    Consequences    for   employment  of  the  improved  competitiveness   of
    businesses are positive, but again are difficult to quantify.
    The infrastructure investment which will be made during the ten years
    covered by the action will lead to greater demand for local labour.
VII.    Have both sides of industry been consulted? Please indicate their
        opinions.
    Both sides of industry have not yet been contacted, but the Economic and
    Social Committee will be consulted.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(89) 598 final
                                                      DOCUMENTS
EN                                                                              15
                                 Catalogue number : CB-CO-90-105-EN-C
                                                             ISBN 92-77-58252-9
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