CELEX: 52013PC0743
Language: en
Date: 2013-10-25
Title: Proposal for a COUNCIL DECISION on establishing the position to be taken at the Eighteenth Ordinary Meeting of the Contracting Parties of the Barcelona Convention for the Protection of the Environment and the Coastal Region of the Mediterranean, with regard to the proposal for amending Annexes II and III to the Protocol concerning Special Protected Areas and Biological Biodiversity in the Mediterranean and with regard to the proposal for adoption of a Regional Action Plan on Marine Litter

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		52013PC0743
		
			Proposal for a COUNCIL DECISION on establishing the position to be taken at the Eighteenth Ordinary Meeting of the Contracting Parties of the Barcelona Convention for the Protection of the Environment and the Coastal Region of the Mediterranean, with regard to the proposal for amending Annexes II and III to the Protocol concerning Special Protected Areas and Biological Biodiversity in the Mediterranean and with regard to the proposal for adoption of a Regional Action Plan on Marine Litter /* COM/2013/0743 final - 2013/0357 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           The EU is a Party to the
Convention for the Protection of the Marine Environment and the Coastal Region
of the Mediterranean (the "Barcelona Convention")[1], and its Protocols. Italy, Greece, Spain, France, Slovenia, Malta, Cyprus and Croatia are also Parties to the Convention
and its Protocols, together with 13 non EU Mediterranean countries.
2.           The Eighteenth Ordinary
Meeting of the Contracting Parties of the Barcelona Convention (MOP) will take
place 3-6 December 2013 in Istanbul, Turkey.
3.           The Meeting of the Parties
will be asked to decide, i.a. on two acts having legal effects: 
–              
A proposal to adopt a Regional Action Plan on
Marine Litter, under the Protocol for the Protection of the Mediterranean Sea
against Pollution for Land Based Sources ("the LBS Protocol")
–              
A proposal to amend the annexes II and III to
the Protocol concerning Specially Protected Areas and Biological Diversity in
the Mediterranean[2]
(the "SPA and Biodiversity protocol")
4.           On
the proposal to adopt a Regional Action Plan on Marine
Litter:
(a)         
The LBS Protocol provides for the adoption by
the Convention of regional action plans to eliminate pollution from land-based
sources and activities. Once the plans are adopted, their measures and
timetables become legally binding, in the framework of the implementation of
Article 15 of the Land-based Sources Protocol. 
(b)         
A new proposal for a Marine Litter Regional
Action Plan has been formulated by the Secretariat of the Convention and was
approved within MEDPOL, the relevant technical body of the Convention, in June
2013. This proposal is in line with EU legislation on waste and water[3], and the Rio+20 commitment to
significantly reduce marine litter[4].
It should also be enhanced by a few additional technical adaptations at the MOP
18. Enhanced cooperation with third countries for the protection of the marine
environment is necessary to contribute to the achievement of the objectives of
the Marine Strategy Framework Directive 2008/56/EC[5]. 
(c)         
The Marine Litter Regional Action Plan is, as
stated in its article 5 "without prejudice to stricter provisions,
respecting marine litter management measures contained in other existing or
future national, regional or international instruments or programmes". It
invites Parties to elaborate, as appropriate, relevant measures and programmes
to target marine litter.
5.           On the proposal to amend
the SPA Biodiversity Protocol, in order to upgrade five coral species from Annex III to Annex II and to
include six other species directly into annex II to the SPA and Biodiversity Protocol
(a)         
The proposal was discussed in the relevant technical body of the Convention: the
focal points meeting of the SPA Biodiversity Protocol. The General Fisheries
Commission for the Mediterranean (GFCM) has taken part in the meeting. In
accordance with Article 17 of the Convention and Article 14(1) of the SPA and
Biodiversity Protocol, an amendment to the annexes to the Protocol will become
effective for all Contracting Parties to the Protocol on the expiry of a period
determined by the Contracting Parties concerned when adopting the amendment,
except for those Contracting Parties which have opted out by notifying the
Depositary. 
(b)         
The coral species concerned are included in Annex I to the Habitats Directive[6] as natural habitat types of
community interest whose conservation requires the designation of special areas
of conservation[7].
Five of these coral species (Callogorgia verticillata, Cladocora caespitosa,
Ellisella paraplexauroides, Lophelia pertusa and Madrepora oculata) are
explicitly mentioned in the interpretation manual of EU habitats[8] and other species (Antipatella
subpinnata, Antipathes dichotoma, Antipathes fragilis, Leiopathes
glaberrima, Parantipathes larix, Cladocora debilis) are included as components
of corallogenic reef concretions. 
(c)         
The support of these proposals by the EU ensures
consistency between its internal and external action. The EU is committed to
international cooperation for the protection of biodiversity in line with
Article 191 (1) TFEU and in accordance with Article 5 of the UN Convention on
Biological Diversity (CBD), the agreements made during the CBD Conference of the
Parties in Nagoya, 2010, the concern expressed at the United Nations Conference
on Sustainable Development in 2012 "on the significant vulnerability of
coral reefs and mangroves to impacts, including from climate change, ocean
acidification, overfishing, destructive fishing practices and pollution"
the commitment “to support international cooperation with a view to
conserving coral reef and mangrove ecosystems and realizing their social,
economic and environmental benefits as well as facilitating technical
collaboration and voluntary information-sharing" as well as the Aichi
Biodiversity Target No 10 according to which "by 2015, the multiple anthropogenic pressures on coral reefs, and other
vulnerable ecosystems impacted by climate change or ocean acidification are
minimized, so as to maintain their integrity and functioning".
6.           The proposal for amendment
of the SPA and Biodiversity Protocol and the proposal for a Marine Litter
Action Plan under Article 15 of the LBS Protocol will not require any change to
Union Law.
7.           In
view of the above, the European Union should support the proposal to adopt the
Regional Action Plan on Marine Litter and the proposal
to amend the annexes II and III to the Protocol concerning Specially Protected Areas
and Biological Diversity in the Mediterranean.
2013/0357 (NLE)
Proposal for a
COUNCIL DECISION
on establishing the position to be taken
at the Eighteenth Ordinary Meeting of the Contracting Parties of the Barcelona
Convention for the Protection of the Environment and the Coastal Region of the
Mediterranean, with regard to the proposal for amending Annexes II and III to
the Protocol concerning Special Protected Areas and Biological Biodiversity in
the Mediterranean and with regard to the proposal for adoption of a Regional
Action Plan on Marine Litter

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 192 (1), in
conjunction with Article 218 (9), thereof, 
Having regard to the proposal from the
European Commission[9],
Whereas:
(1)       The EU is a Contracting
Party to the Convention for the Protection of the Marine Environment and the
Coastal Region of the Mediterranean[10]
(hereinafter referred to as 'the Barcelona Convention').
(2)       The EU is a Party to the
Protocol for the Protection of the Mediterranean Sea against Pollution for Land
Based Sources (hereinafter referred to as 'the LBS Protocol') and to the
Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean[11] (the 'SPA and Biodiversity Protocol').
(3)       The Eighteenth Ordinary Meeting of the Contracting
Parties to the Barcelona Convention and its Protocols, which will take place in
 Istanbul (Turkey) from 3 to 6 December 2013 will examine the adoption of:
(a)         
A proposal to adopt a Regional Action Plan on
Marine Litter, under the Protocol for the Protection of the Mediterranean Sea
against Pollution for Land Based Sources ('the LBS Protocol').
(b)         
A proposal to amend the annexes II and III to
the Protocol concerning Specially Protected Areas and Biological Diversity in
the Mediterranean (the 'SPA and Biodiversity protocol').
(4)       As regards the proposal to
amend the annexes II and III to the Protocol concerning Specially Protected
Areas and Biological Diversity in the Mediterranean:
(a)         
The Meeting of
the Contracting Parties is the decision-making body of the Convention, and the
powers conferred upon it include the capacity to amend as required the annexes
to the Convention and to its protocols. In accordance with Article 17 of the Barcelona
Convention and Article 14(1) of the Protocol, an amendment to the Annexes of
the Protocol shall become effective for all Contracting Parties to the Protocol
on expiry of a period determined by the respective Contracting Parties when
adopting the amendment, except for those that have notified in writing the
Depositary that they are unable to approve the amendment.
(b)         
According to the Memorandum of Understanding
signed between the Mediterranean Action Plan (UNEP/MAP) and the General
Fisheries Commission for the Mediterranean (GFCM), possible amendments to the
annexes of the Protocol should be consulted between the Parties ensuring timely
and adequate flow of scientific information.
(c)         
The EU should support this proposal because it
is scientifically sound, consistent with Union legislation in particular under
the Habitat Directive and with the Union's commitment to international
cooperation for the protection of biodiversity, and in accordance with
Article 5 of the UN Convention on Biological Diversity[12], the target agreed at the Convention
on Biological Diversity in 2010 to significantly reduce the current rate of
biodiversity loss by 2020 as well as the Aichi Biodiversity Target No 10
according to which "by 2015, the multiple anthropogenic pressures on coral
reefs, and other vulnerable ecosystems impacted by climate change or ocean
acidification are minimized, so as to maintain their integrity and functioning".
(5)       As regards the proposal to
adopt a Regional Action Plan on Marine Litter, under the Protocol for the
Protection of the Mediterranean Sea against Pollution for Land Based Sources
("the LBS Protocol"):
(a)         
The LBS Protocol provides for the adoption by
the Meeting of the Parties of Regional action plans and programmes, including
measures and timetables, to eliminate pollution deriving from land-based
sources and activities. By virtue of Article 15 of the Protocol, when plans are
adopted, their measures and timetables will become binding for the Parties on
the one hundred and eightieth day following the day of notification by the
Secretariat to all the Parties.
(b)         
Regional Action Plan on Marine Litter has been
formulated by the body designated by the Parties as responsible to prepare the
Meeting of the Parties, and have been approved by the relevant technical body
of the Convention. The Regional Action Plan should in addition be enhanced by a
few technical modifications, in order to bring it further in line with current
practice in the EU.
(c)         
The Regional Action Plan concerns a field
covered by Union law in particular in the field of waste and water as well as
transport[13]
and is coherent with the commitment made at Rio+20 to significantly reduce
marine litter. Enhanced cooperation with third countries for the protection of
the marine environment is necessary to contribute to the achievement of the
objectives of the Marine Strategy Framework Directive 2008/56/EC. 
(6)       The two proposals to be
examined by the Eigtheenth Ordinary Meeting of the Contracting Parties would not
require any change in Union law.
(7)       The EU should support the
proposals.
HAS ADOPTED THIS DECISION: 
Article 1
At the Eighteenth Ordinary Meeting of the
Contracting Parties to the Barcelona Convention and its Protocols, the position
of the European Union shall be to support the addition of the following species
to Annex II to the Protocol and their respective deletion from Annex III:
·              
Antipatella subpinnata (Ellis & Solander, 1786);
·              
Antipathes dichotoma (Pallas, 1766);
·              
Antipathes fragilis (Gravier, 1918);
·              
Leiopathes glaberrima (Esper, 1792);
·              
Parantipathes larix (Esper, 1790);
And the inclusion of the following species
into Annex II:
·              
Callogorgia verticillata (Pallas, 1766);
·              
Cladocora caespitosa (Linnaeus, 1767);
·              
Cladocora debilis (Edwards & Haime, 1849);
·              
Ellisella paraplexauroides (Stiasny, 1936);
·              
Lophelia pertusa (Linnaenus, 1758);
·              
Madrepora oculata (Linnaeus, 1758).
Article 2
At this meeting, the position of the European Union
shall also be to support, in the framework of the implementation of Article 15
of the Protocol for the Protection of the Mediterranean Sea against Pollution
from Land-Based Sources and Activities, the adoption of the Regional Action Plan
on Marine Litter. 
The representatives of the Union will endeavor to
ensure that prior to adoption the text is slightly amended to:
- reflect the need to establish guidelines and discuss
good practices on fishing for litter, 
- advocate for the compatibility of the Mediterranean
Regional Data Bank on marine litter with other regional or overarching
databases,
- include microplastics in the definition of marine
litter, and
- reinforce the references to the involvement of
stakeholders.
Minor changes to this position may be agreed to
by the representatives of the Union in the Eighteenth Ordinary Meeting of the
Contracting Parties without further decision of the Council.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
                                                                       [...]
[1]               Council Decision 77/585/EEC of 25 July 1977
concluding the Convention for the protection of the Mediterranean Sea against
pollution and the Protocol for the prevention of the pollution of the
Mediterranean Sea by dumping from ships and aircraft, OJ L 240, 19.9.1977, p.
1.
[2]               Council Decision 1999/800/EC of 22 October 1999 on concluding
the Protocol concerning specially protected areas and biological diversity in
the Mediterranean, and on accepting the annexes to that Protocol (Barcelona
Convention), OJ L 322, 14.12.1999, p. 1. 
[3]               such as the Waste Framework Directive (Directive 2008/98/EC
of the European Parliament and of the Council of 19 November 2008 on waste and
repealing certain Directives, OJ L 312, 22.11.2008, p. 3–30)", the Urban
Waste Water Directive (Council Directive 91/271/EEC of 21 May 1991 concerning
urban waste-water treatment OJ L 135, 30.5.1991, p. 40–52) as well as, the
Directive on reporting formalities for ships arriving in and/or departing from
ports of the Member States (Directive 2010/65/EU of the European Parliament and
of the Council OJ L 283, 29.10.2010, p. 1–10) and the Port Reception facility
Directive (Directive 2000/59/EC of the European Parliament and of the Council
of 27 November 2000 on port reception facilities for ship-generated waste and
cargo residues, OJ L 332, 28/12/2000 P. 0081 - 0090).
[4]               The Future We Want, outcome document of the Rio+20
conference, paragraph 163 " We further commit to take action to, by
2025, based on collected scientific data, achieve significant reductions in
marine debris to prevent harm to the coastal and marine environment.".
[5]               OJ L 162, 21.6.2008, p. 11.
[6]               Council Directive 92/43/EEC of 21 May 1992 on
the conservation of natural habitats and of wild fauna and flora, OJ L 206,
22.7.1992, p. 7.
[7]               Special areas of conservation as defined in article 1
(l) of the Habitat Directive means a site of Community importance designated by
the Member States through a statutory, administrative and/or contractual act
where the necessary conservation measures are applied for the maintenance or
restoration, at a favourable conservation status, of the natural habitats
and/or the populations of the species for which the site is designated.
[8]               http://ec.europa.eu/environment/nature/legislation/habitatsdirective/docs/Int_Manual_EU28.pdf
[9]               OJ C […], […], p. […].
[10]             Council Decision 77/585/EEC of 25 July 1977 concluding
the Convention for the protection of the Mediterranean Sea against pollution
and the Protocol for the prevention of the pollution of the Mediterranean Sea
by dumping from ships and aircraft, OJ L 240, 19.9.1977,
p. 1.
[11]             Council Decision 1999/800/EC of 22 October 1999 on
concluding the Protocol concerning specially protected areas and biological
diversity in the Mediterranean, and on accepting the annexes to that Protocol
(Barcelona Convention), OJ L 322, 14.12.1999, p. 1. 
[12]             Council Decision
93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on
Biological Diversity, OJ L 309, 13.12.1993, p. 1.
[13]             such as the Waste Framework Directive (Directive
2008/98/EC of the European Parliament and of the Council of 19 November 2008 on
waste and repealing certain Directives, OJ L 312, 22.11.2008, p. 3–30)",
the Urban Waste Water Directive (Council Directive 91/271/EEC of 21 May 1991
concerning urban waste-water treatment OJ L 135, 30.5.1991, p. 40–52) as well
as, in addition, the Directive on reporting formalities for ships arriving in
and/or departing from ports of the Member States (Directive 2010/65/EU of the
European Parliament and of the Council OJ L 283, 29.10.2010, p. 1–10) and the
Port Reception facility Directive (Directive 2000/59/EC of the European
Parliament and of the Council of 27 November 2000 on port reception facilities
for ship-generated waste and cargo residues, OJ L 332, 28/12/2000 P. 0081 -
0090).