CELEX: 51991PC0078
Language: en
Date: 1991-03-14
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING THE APPROVAL OF THE CONVENTION ON THE INTERNATIONAL COMMISSION FOR THE PROTECTION OF THE ELBE

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       C0M(91) 78 final
                                       Brussels, 14 March 1991
                            Proposal for a
                           COUNCIL DECISION
    concerning the approval of the Convention on the International
              Commission for the Protection of the Elbe
                    (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                    </
                        EXPLANATORY MEMORANDUM
   The Convention on the International Commission for the protection
   of the Elbe was signed In Magdeburg on 8 October 1990 by the
   Federal Republic of Germany and by the Czech and Slovak Federal
   Republic, as well as by the European Economic Community, In
   accordance with Council Decision 8549/90 of 24 September 1990.
   The Convention enters into force on the day on which all
   signatories have informed the Federal Republic of Germany as
   depositary that the preconditions for the entry          into force
   currently required by the national laws have been fulfilled (Art.
   18, § 1 ) .
   The Convention is essentially aimed at preventing the pollution of
   the Elbe and Its drainage area (art. 1 § 1 ) . To this end, it
   foresees the establishment of an International Commission on the
   Protection of the Elbe.
   According    to art. 2 of      the Convention,   the   International
   Commission shall, Inter alia, prepare surveys on water pollution
   from point and diffuse sources, and propose limit values for the
   discharge of effluent and specific quality objectives, as well as
   specific action for the reduction of discharges of harmful
   substances.
4. The Convention therefore refers to matters covered by Community
    legislation. In particular, the Community directives on water
   quality objectives and elimination or reduction of water pollution
   by dangerous substances currently apply to the Elbe and its
   tributaries where they run through the territory of the Federal
   Republic of Germany.
5. Questions relating to the fishery industry and shipping are
   explicitly excluded from the Convention (art. 1 § 4 ) . For this
   reason, art. 130 S of the EEC Treaty would be the correct legal
   basis for this decision by the Council.
6.  In conclusion, the Commission proposes to the Council to adopt the
   attached draft decision concerning the approval, on behalf of the
   European    Economic   Community,   of   the   Convention   on    the
    International Commission for the Protection of the Elbe, in order
   to permit the Community to assume Its full role as a party to the
   Convent ion.
 ---pagebreak---                                    i
                             Proposal for a
                            COUNCIL PEC IS ION
       concluding the Convention on the International Commission
                     for the Protection of the Elbe
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European          Economic
Community, and In particular Article 130 S thereof,
Having regard to the proposal from the Commission,1
Having regard to the opinion of the European Parliament2;
Having regard to the opinion of the Economic and Social Committee3.
Having regard to the resolution of the Council of the European
Communities and of the representatives of the Governments of the
Member States meeting within the Council of 19 October 1987 on the
continuation and implementation of a European Community policy and
action programme on the environment (1987-1992)4, and the fourth
action programme of the European Communities on the environment,
annexed to the said resolution, hereafter called "Fourth Action
Programme".
Whereas the Fourth Action Programme, In continuation of the earlier
Action Programmes,     lists amongst    Its main areas of     activity,
monitoring and control with a view to improving water quality and
reducing pollut Ion;
Whereas the Fourth Action Programme calls for active participation by
the Community and Its member States In International action for the
protection of the environment, and attaches, In this framework,
particular importance to bilateral liaisons with third Countries;
Whereas the Convention on the International Commission for the
Protection of the Elbe, signed in Magdeburg on 8 October 1990,
provides in particular for the establishment of an International
Commission to prevent the pollution of the Elbe and its drainage area,
as far as covered by this Convention;
Whereas   the existing Community      legislation on water    pollution
currently apply to the Elbe and its tributaries where they run through
the territory of the Federal Republic of Germany;
1 SEC(90)1399 Final
2
3
4     O.J. No. C 328 of 7-12-1987, p
 ---pagebreak---                                M
Whereas It appears necessary for the Community to conclude the
Convention In order to attain one of the objectives of the Community
as regards the preservation, protection and Improvement of the quality
of the environment, as provided for In the Single European Act;
Whereas the said Convention was signed on behalf of the Community on
8 October 1990 ;
 ---pagebreak--- HAS DECIDED AS FOLLOWS,
                               Article 1
The Convention on the International Commission for the protection of
the Elbe Is hereby approved on behalf of the European Economic
community.
The text of the Convention is attached to this decision.
                               Article 2
The President of the Council of the European Communities shall, on
behalf of the European Economic Community, Inform the Federal Republic
of Germany, as depositary, that the preconditions for the entry Into
force of the Convention have been fulfilled by the European Economic
Community, in accordance with Article 18, Paragraph 1 of the
Convention.
Done at Brussels,
 ---pagebreak---                                       £
                CONVENTION ON THE INTERNATIONAL COMMISSION
                      FOR THE PROTECTION OF THE ELBE
The Governments of the Federal Republic of Germany and the Czech, and Slovak
Federative Republic and the European Economic Community,
Concerned about the pollution of the Elbe.
Resolved to prevent its further pollution and to improve its current state,
Recognising the need to make a sustained contribution to the reduction of
pollution in the North Sea arising from the Kibe,
Convinced of the urgency of these tasks, and
Intending to increase the cooperation that already jxists between the
contracting parties in this area,
Have agreed the following:
 ---pagebreak---                                    -?
                                 Article 1
1. The contracting parties shall cooperate in the International Commission
   on the Protection of the Elbe, hereinafter referred to as the Commission
   to prevent the pollution of the Elbe and its drainage area.
2. They shall in so doing in particular endeavour
   (a) to enable use to be made of the river, in particular the obtaining
        of supplies of drinking water from bank-filtered waters and the
        agricultural use of the waters and sediments,
   (b) to achieve as natural an ecosystem as possible with a healthy
        diversity of species.
   (c) to reduce substantially the pollution of the North Sea from the
        Elbe area,
3. In order to attain these objectives step-by-step, the contracting
   parties within the framework of the Commission shall determine the tasks
   to be carried out as a priority in the form of work programmes with
   timetables. These programmes shall provide, inter   alia, proposals for
   the application of state-of-the-art techniques for the reduction of
   emissions and for measures to reduce pollution from various sources.
4. The Convention does not cover matters relatijng to the fishlijg industry
   and shipping; however, this does not exclude the consideration of
   matters relating to the protection of the waters against pollution
   caused by these industries.
 ---pagebreak---                                  Article 2
1. In particular the Commission shall
   (a) prepare surveys showing major point sources of discharges of
        harmful materials (discharge charts), estimate water pollution from
        diffuse sources and extrapolate both of these,
   (b) propose limit values for the discharge of effluent,
   (c) propose specific quality objectives taking account of the
        requirements with regard to the use of the waters, the particular
        conditions for the protection of the North Sea and the natural
        aquatic communities,
   (d) propose and coordinate the implementation of joint programmes of
        measurements and investigations to demonstrate the quality of the
        waters, sediments and effluent and to describe the aquatic and
        coastal communities, and shall record and evaluate the findings,
   (e) compile standardized methods for the classification of water
        quality in the Elbe,
   (f) propose specific action for the reduction of discharges of harmful
        materials from the point sources of both local authorities and
        industry and from diffuse sources and further measures including
        timetables and a cost assessment,
   (g) propose protective measures to prevent water pollution resulting
        from accidents,
   (h) propose a uniform warning and alert system for the drainage area,
        to be updated according to experience.
 ---pagebreak---                                    -a
   (i) describe the hydrological situation in the Elbe area and record the
        main influencing factors (Elbe monograph),
   (j) provide documentary évidence regarding the ecological importance of
        the various biotope elements of the waters and draft proposals
        regarding the improvement of conditions for aquatic and coastal
        communities,
   (k) discuss planned and, upon request of a delegation, existing types
        of utilization of the waters which may have serious international
        repercussions, including hydraulic structures and regulation of the
        waters,
   (1) promote cooperation in particular on scientific research projects
        and regarding the exchange of information especially on the state
        of the technology and cooperation on scientific research projects,
   (m) prepare the basis for any regulations between the contracting
        parties regarding the protection of the Elbe and its drainage area.
2. The Commission shall furthermore be responsible for all other matters
   assigned to it by the contracting parties by joint agreement.
                                  Article 3
This Convention shall apply in the territories in which the Treaty
establishing the European Economic Community is applicable and under the
terms of that Treaty, on the one hand, and in the territory of the Czech
and Slovak Federative Republic, on the other hand.
 ---pagebreak---                                     -J10-
                                  Article 4
The contracting parties shall inform the Commission about all the basic
matters required for the Commission to fulfil its tasks and about the
measures taken and the total resources used.   The Commission shall evaluate
these reports and may sufcmit proposals to the contracting parties regarding
improvements.
                                  Article 5
1. The Commission shall consist of the delegations of the contracting
   parties.   Each contracting party shall appoint a maximum of five
   delegates and their deputies, Including the head of the delegation and
   his deputy.
2. Each delegation may call in experts which it appoints for the
   consideration of certain matters.
                                  Article 6
1. The chairmanship of the Commission shall be held by the delegations of
   the contracting parties in turn. Details regarding the provision of a
   chairman shall be determined by the Commission and included in its rules
   of procedure.   The delegation chairing the Commission shall appoint one
   of its members as Chairman. This delegation may for the duration of its
   chai rmanship appoint a further delegate.
2. The Chairman shall, as a rule, not speak on behalf of his delegation
   during the meetings of the Commission.
 ---pagebreak---                                      -M-
                                   Article 7
1. The Commission shall meet at least once a year, when invited by the
   Chairman for a regular meeting at a place to be specified by him.
2. Extraordinary meetings shall be convened by the Chairman if so requested
   by a delegation.
3. The leaders of the delegations may confer between meetings of the
   Commission.
4. The Chairman shall propose the agenda.      Each delegation shall be
   entitled to include those items in the agenda which it wishes to have
   discussed. The order shall be decided by majority decision of the
   Commission.
                                   Article 6
1. Each delegation shall have one vote.
2. Negotiations and decisions within the framework of this agreement as
   well as its implementation shall be conducted by the European
   Communities and the Federal Republic of Germany m.thin their respective
   fields of compétence. The European Communities shall not exercise their
   right to vote in cases ixi which the Federal Republic of Germany is
   competent and vice versa,.
3. The Commission's decisions &nd proposals shall, unless otherwise
   specified in this Convention, be unanimously 'c^ptecL      A written
   procedure way iafee place ir« lin- :vltb. the cm-tttom to be specified in
   the rules of •procedure.
 ---pagebreak---                                     -JZ
4. Decisions nem. con, shall be deemed to be unanimous, provided all
   delegations are present.
                                  Article 9
1. The Commission shall set up working parties to carry out certain tasks.
2. The working parties shall consist of the delegates or experts appointed
   by each delegation.
3. The Commission shall determine the task and the number of members of
   each working party and shall appoint its Chairman.
                                 Article 1Q
The Commission shall establish a secretariat for the preparation,
implementation and support of its work. The headquarters of the
secretariat shall be at Magdeburg. Further details shall be governed by
the rules of prooedure.
                                 Article 11
The Commission may call on the services of especially suitable persons or
establishments for the examination of special matters.
                                Article 12
The Commission shall adopt decisions regarding cooperation with other
national and international organizations concerned with pollution control.
 ---pagebreak---                                     - ) & •
                                 Article 13
The Commission shall provide the contracting parties with an activity
report at least every two years and, as required, with further reports
setting out in particular the results of investigations and their*
assessments.
                                 Article 14
1. Each contracting party shall bear the cost of its representation in the
   Commission and the working parties and the cost of the current
   investigations carried out in its territory.
2. All other expenditure arising from the work of the Commission, including
   the costs of the secretariat, shall be divided among the contracting
   parties as follows:
   Federal Republic of Germany                                   65.0%
   European Economic Community                                    2.3%
   Czech and Slovak Federative Republic                          32.5%
                                                TOTAL            100%
The Commission may also specify a different breakdown in certain cases.
 ---pagebreak---                                    -/\-
                                Article 19
The Commission shall adopt rules of procedure.
                                Article 16
1. Existing conventions and treaties shall remain unaffected.
2. The Commission shall examine as soon as possible to what extent it is
   expedient to amend, to supplement or to annul conventions and treaties
   as referred to in paragraph 1 because of their contents or for other
   reasons.  It shall draw up recommendations in respect of their amendment
   or annulment and of the conclusion of new conventions or treaties.
                                 Article 17
The working languages of the Commission shall be German and Czech.
                                 Article 16
This Convention shall enter into force on the day on which all signatories
have informed the Federal Republic of Germany as depositary that the
preconditions for the entry into force currently required by the national
laws have been fulfilled.
The Convention shall be concluded for an unlimited period.   It can be
denounced with five years' notice. The notice of denunciation is to be
made in writing to the depositary, who will inform the other contracting
parties. The notice of denunciation will take effect as of the day on
which it is received by the depositary.
 ---pagebreak---                                    -JS-
                                 Article 19
This Convention, which is drawn up in original copies in the German and
Czech languages, each text being equally binding, shall be deposited in the
archives of the Government of the Federal Republic of Germany.  The latter
shall send a certified copy to each of the contracting parties.
Done at
on                 1990
For the Government of the Federal Republic of Germany
For the European Economic Community
For the Government of the Czech and Slovak Federative Republic
 ---pagebreak---  ---pagebreak---                                                                                 ISSN 0254-1475
                                                                    COM(91) 78 final
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