CELEX: 51984PC0433
Language: en
Date: 1984-07-26
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE OF 20 JULY 1984 ON THE DRAWING UP OF CONTINGENCY PLANS TO COMBAT ACCIDENTAL OF OIL AND OTHER HARMFUL SUBSTANCES AT SEA

16.8.84                              Official Journal of the European Communities                                    N o C 215/9
                                                                 II
                                                        (Preparatory Acts)
                                                 COMMISSION
              Amended proposal for a Council Directive of 20 July 1984 on the drawing up of
                contingency plans to combat accidental spills of oil and other harmful substances at sea
                                                       COM(84) 433 final
              (Submitted   by the Commission to the Council pursuant to the second paragraph of
                                    Article 149 of the EEC Treaty on 2 August 1984)
                                                         (84/C 215/09)
                      ORIGINAL TEXT                                                                  AMENDED TEXT
Council Directive on the drawing up of contingency                     Council Directive on the drawing up of contingency
       plans to combat accidental oil spills at sea                    plans to combat accidental spills of oil and other
                                                                                            harmful substances at sea
                                 P r e a m b l e a n d first t h r e e r e c i t a l s u n c h a n g e d
Whereas the existence of national contingency plans                    Whereas the existence of national contingency plans
in each Member State would help to speed up and                        in each Member State would help to speed up and
improve operations to combat accidental oil spills at                  improve operations to combat accidental spills of oil
sea and thus make them more effective;                                 and other harmful substances at sea and thus make
                                                                       them more effective;
                                         Fifth a n d sixth r e c i t a l s u n c h a n g e d
Whereas several Member States may have a common                        Whereas several Member States may have a common
interest in certain maritime areas exposed to pollution                interest in certain maritime areas exposed to pollution
by accidental oil spills and may therefore be called on                by accidental spills of oil and other harmful substances
to take joint action to combat such pollution should                   and may therefore be called on to take joint action to
accidents occur;                                                       combat such pollution should accidents occur;
                                                Eighth recital unchanged
Whereas even in the absence of such joint                              Whereas even in the absence of such joint
contingency plans each Member State should warn                        contingency plans each Member States should warn
any others at risk as a result of an accident or the                   any others at risk as a result of an accident or the
presence of an oil slick;                                              presence of an oil slick or other harmful substance;
                                     T e n t h and eleventh recitals u n c h a n g e d
Whereas the obligations imposed by this Directive are                  Whereas the obligations imposed by this Directive are
compatible with those incumbent on certain Member                      compatible with those incumbent on certain Member
States, which are Contracting Parties to the                           States, which are Contracting Parties to the
Agreement for Cooperation in dealing with Pollution                    Agreement for Cooperation in dealing with Pollution
of the North Sea by Oil (the 1969 Bonn Agreement),                     of the North sea by Oil and other harmful substances
to the Convention on the Protection of the                             (the 1969 Bonn Agreement, extended to include other
 ---pagebreak--- No C 215/10                          Official Journal of the European Communities                                   16. 8. 84
                      ORIGINAL TEXT                                                       AMENDED TEXT
Mediterranean Sea against Pollution (1976, Barcelona                harmful substances on 13 September 1983) to the
Convention) and to the Convention on the Protection                 Convention on the Protection of the Mediterranean
of the Marine Environment of the Baltic Sea Area                    Sea against Pollution (1976, Barcelona Convention)
(1974, Helsinki Convention);                                        and to the Convention on the Protection of the
                                                                    Marine Environment of the Baltic Sea Area (1974
                                                                    Helsinki Convention).
                                                                    Whereas no additional obligations arise from this
                                                                    Directive for those Member States which have taken
                                                                    measures, under the abovementioned Agreement and
                                                                    Conventions, equivalent to the provisions of this
                                                                    Directive.
Whereas contingency plans must be drawn up in                       Whereas contingency plans must be drawn up in
order to achieve one of the Community's objectives in               order to achieve one of the Community's objectives in
respect of the control and reduction of pollution                   respect of the control and reduction of pollution
caused by hydrocarbons discharged at sea; whereas                   caused by hydrocarbons and other harmful substances
since the Treaty has not provided the powers                        discharged at sea; whereas the Treaty has not
necessary for action to this effect, recourse must be               provided the powers necessary for action to this
had to Article 235 of the Treaty;                                   effect;
                        Article 1                                                           Article 1
1.    Member States shall take such measures as are                 1.    Member States shall take such measures as are
necessary and appropriate in order to draw up                       necessary and appropriate in order to draw up
national contingency plans making it possible to                    national contingency plans making it possible to
organize and direct operations to combat pollution                  organize and direct operations to combat pollution
caused by accidental oil spills at sea.                             caused by accidental spills of oil and other harmful
                                                                    substances at sea.
                                          P a r a g r a p h s 2 and 3 u n c h a n g e d
                        Article 2                                                           Article 2
1.     In order to organize and reinforce operations to             1.    In order to organize and reinforce operations to
combat pollution caused by accidental oil spills at sea             combat pollution caused by accidental spills of oil and
in maritime areas in which two or more Member                       other harmful substances at sea in maritime areas in
States have a common interest, the States concerned                 which two or more Member States have a common
shall draw up the necessary joint contingency plans.                interest, the States concerned shall draw up the
These plans shall specify in particular:                            necessary joint contingency plans. These plans shall
                                                                    specify in particular:
— the areas in which they apply;
                                                                    — the areas in which they apply;
— the authority which has been designed in each
     Member State to coordinate the joint action;                   — the authority which has been designed in each
                                                                        Member State to coordinate the joint action;
— the principles, procedures and methods of
     cooperation to be employed to combat pollution.                — the principles, procedures and methods of
                                                                        cooperation to be employed to combat pollution.
2.     Without prejudice to paragraph 1, whenever a                 2.    Without prejudice to paragraph 1, whenever a
Member State has knowledge of an accident or the                    Member State has knowledge of an accident or the
presence of an oil slick in maritime areas of common                presence of an oil slick or other harmful substance in
interest which constitutes a threat to the shoreline or             maritime areas of common interest which constitutes
allied interests of one ore more Member States, it                  a threat to the shoreline or allied interests of one or
shall inform the other Member State or Member                       more other Member States, it shall inform the other
States concerned without delay.                                     Member State or Member States concerned without
                                                                    delay.
                                              Articles 3 to 6 unchanged,
                                                   Annexes unchanged.