CELEX: 51992PC0133
Language: en
Date: 1992-04-06
Title: Proposal for a COUNCIL DECISION APROVING CERTAIN AMENDMENTS TO THE AGREEMENT FOR COOPERATION IN DEALING WITH POLLUTION OF THE NORTH SEA BY OIL AND OTHER HARMFUL SUBSTANCES, AS SIGNED IN BONN ON 13 SEPTEMBER 1983

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       C0M(92) 133 final
                                       Brussels, 6 April 1992
                      Proposal for a
                     COUNCIL DECISION
               APPROVING CERTAIN AMENDMENTS
             TO THE AGREEMENT FOR COOPERATION
                 IN DEALING WITH POLLUTION
                  OF THE NORTH SEA BY OIL
              AND OTHER HARMFUL SUBSTANCES,
          AS SIGNED IN BONN ON 13 SEPTEMBER 1983
              (presented by the Commission)
 ---pagebreak---                                                                           e
                              EXPLANATORY MEMORANDUM
1. The Council decided on 28 June 1984 to approve, on behalf of the
    European Economic Community, the Agreement for cooperation In dealing
    with pollution of the North Sea by oil and other harmful substances,1
    which was signed in Bonn on 13 September 1983.
    This Agreement provides for various ways of cooperation which apply
    whenever the presence or the prospective presence of oil or other
    harmful subst ..-ices polluting or threatening to pollute the sea within
    the North Sea area presents a grave and imminent danger to the coast or
    related Interests of one or more Contracting Parties.
2. At the Second International      Conference for the Protection of the North
    Sea in London on 24 and 25     November 1987 the Ministers responsible for
    the protection of the North     Sea of the governments of the Member States
    on the North Sea, and the       Member of the Commission of the European
    Communities responsible for    environmental protection agreed to:
        "use airborne surveillance, when appropriate with bilateral or
        multilateral cooperation, as an aid to enforcing anti-poMution
        regulatIons;
  "take appropriate action with the aim of improving and, where necessary,
    extending in other suitable frameworks, international cooperation on
    airborne surveillance of the North Sea which has been initiated in the
    Bonn Agreement-
   'continue to use the Bonn Agreement as the appropriate framework for the
    exchange of Information on developments In the technology of remote
    sensing and for exchanging Information about the results of cooperation
    trials to evaluate the technique-
    continue    to exploit    the capability of airborne survel Nance for
    providing information about levels of oil pollution in the sea';
  n continue   to gain experience In the use of remote sensing devices with a
    view to improving the enforcement of existing regulations, particularly
    with respect to the prosecution of offenders".2
    Active participation in this Conference was mentioned among the main
    objectives of Community measures in the field of protection of the
    marine environment in the fourth European Community Action Programme on
    the envIronment.3
1   Decision 84/358/EEC, OJ L 188, 16.7.1984, p.7.
2   Paragraphs 46 to 50 of the Ministerial Declaration adopted at the Second
     International Conference for the Protection of the North Sea.
3   OJ C 328, 7.12.1987.
 ---pagebreak---                                                                      3
3. The Agreement signed In Bonn on 13 September 1983 merely sets out rules
   and regulations regarding cooperation between the Contracting Parties In
   the event of critical situations - In particular when their coastlines
   or related Interests are In danger. In other words, It contains no
   provisions for activities designed to prevent pollution caused by the
   discharge of oil and other harmful substances or to prosecute offenders
   who are In breach of anti-pollution regulations.
   Implementation of the decisions adopted at the Second International
   Conference for the Protection of the North Sea thus requires that the
   1983   Bonn    Agreement  be   amended   and   new    provisions   concerning
   survelI I lance Incorporated, both as an Instrument for better monitoring
   of the application of existing regulations and as a means of more rapid
   detection of the presence of the abovementloned substances.
4. Pursuant to Article 16(1) of the Agreement, therefore, the Contracting
   Parties,    at    their  first   meeting   held    in   Bonn   from    19  to
   22 September 1989, endorsed a proposal for an amendment designed to
   establish an appropriate legal framework for Intensifying cooperation on
   pollution surveillance in the North Sea.
5. In addition, the Contracting Parties decided to amend the demarcation
   zone of the Skagerrak, as set out in Article 2(a) of the Agreement, in
   order to rectify a material error which had been pointed out by the
   Danish authorities.
6. The amendments can enter Into force only when they have been approved by
   all the Contracting Parties In accordance with Article 16(2).
7. Accordingly, the Commission is forwarding the attached proposal for a
   Decision for adoption by the Council, approving the amendments to the
   Bonn Agreement adopted by the Contracting Parties at their first
   meetIng.
 ---pagebreak---                                                                         y
Proposal for a CPUnc 11 Pec Is Ion approving certain amendments to the
Agreement for cooperation In dealing with pollution of the North Sea by oil
and other harmful substances, as signed In Bonn on 13 September 1983
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic   Community,
and In particular Article 130s thereof,
Having regard U   the proposal from the Commission,1
Having regard to the opinion of the European Parliament,2
Having regard to the opinion of the Economic and Social Committee, 3
Whereas the Council of the European Communities decided on 28 June 1984 to
conclude the Agreement for cooperation In dealing with pollution of the
North Sea by oil and other harmful          substances signed  In Bonn on
13 September 1983; 4
Whereas the Contracting Parties to this Agreement, at their first meeting
held in Bonn from 19 to 22 September 1989, agreed on a number of amendments
designed to include in the Agreement provisions concerning pollution
surveillance activities, in order to ensure implementation of Paragraphs 46
to 50 of the Ministerial Declaration adopted at the Second International
Conference for the Protection of the North Sea held In London on 24 and
25 November 1987;
Whereas the Contracting Parties also decided to amend the demarcation zone
of the Skagerrak, as set out in Article 2(a) of the Agreement;
Whereas the amendments can come Into force only when they have been
approved by all the Contracting Parties, In accordance with Article 16(2),
HAS DECIDED AS FOLLOWS:
                                  ArtIcle 1
The amendments to the Agreement for cooperation in dealing with pollution
of the North Sea by oil and other harmful substances, agreed upon by the
Contracting Parties at their first meeting held in Bonn from 19 to
22 September 1989, are hereby approved on behalf of the European Economic
Commun11 y .
1
2
3
4  Decision 84/358/EEC, OJ L 188, 16.7.1984.
 ---pagebreak---                                                                    ^
The text of the amendments Is attached to this Decision
                                 Article 2
The President of the Council shall notify the Depositary Government
referred to In Article 16(2) of the Agreement of the adoption of this
Instrument of approval.
Done at Brussels,
                                       For the CounciI
                                       The President
 ---pagebreak---                                                                                                                   c
                                                       DECISION
                                               OF 22 SEPTEMBER 1989
                                             CONCERNING AMENDMENTS
                                                OF THE AGREEMENT
THE CONTRACTING PARTIES to the Agreement for Co-operation in Dealing with Pollution of
the North Sea by Oil and Other Harmful Substances, done at Bonn o n 13 September 1983
(hereinafter referred to as "the Agreement");
RECALLING Article 1 of the Agreement for Co-operation in Dealing with Pollution of the
North Sea by Oil and Other Harmful Substances, done at Bonn on 13 September 1983,
according to which the Agreement shall apply whenever the presence or the prospective
presence of oil or other harmful substances polluting or threatening to pollute the sea
within the North Sea presents a grave and imminent danger to the coast or related
interests of one or more Contracting Parties;
RECALLING paragraph XVI, subparagraphs 46 to                      50 of the Ministerial Declaration of the
Second International Conference on the Protection                 of the North Sea, held in London from
24-25 November 1987;
RECOGNIZING that the Agreement does                      not contain provisions          referring to the use                 of
surveillance       as     an aid        to detecting      pollution and       to    preventing            violations         of
anti-pollution regulations;
DESIRING to extend the scope of the Agreement to such activities;
RECOGNIZING ALSO the need to adjust                   the southern geographical         limit   of    the   Skagerrak        as
defined in Article 2 of the Agreement;
                                 HAVE AGREED to amend the Agreement as follows:
                                                        Article I
Article 1 of the Agreement shall be amended to read as follows:
 "This Agreement shall apply:
 ^i)    whenever       t h e p r e s e n c e or me prospective p r e s e n c e       oi oil or            other        harmtul
        substances polluting or threatening to pollute the sea within the North Sea area,
        as defined in Article 2 of this Agreement, presents a grave and imminent danger to
        the coast or related interests of one or more Contracting Parties, and
 (2)    to surveillance c o n d u c t e d in     the North Sea area           as    an aid          to    detecting and
        combating          such      pollution   a n d to p r e v e n t i n g  vini.i t ions       of    a n t i - i ; Dilution
        regulations."
 ---pagebreak---                                                             Article II                                                             -7
Article 2 of the Agreement shall be amended to read as follows:
"For the purpose of this Agreement                     the     North    Sea    area      means              the    North      Sea     proper
southwards of latitude 61 ° N . together with:
(a)      the Skagerrak, the            southern  limit   of    which    is  determined              east      of   the    Skaw       by   the
         latitude 5 7 ° 44' 43"N;
(b)      the English Channel and its approaches eastwards                               of       a       line    drawn      fifty    nautical
         miles to the west of a line joining the Scilly isles and Ushant."
                                                            Article III
Article 3 of the Agreement shall be amended to read as follows:
"(1)     The Contracting Parties consider that the                      matters    referred             to    in    Article     1   of   this
Agreement call for active co-operation between them.
 (2)         The C o n t r a c t i n g Parties shall jointly develop              and establish                   guidelines for the
 practical,           operational      and    technical        aspects      of    joint          action          and      co-ordinated
 surveillance as referred to in Article 6A."
                                                            Article IV
 Article 4 of the Agreement shall be amended to read as follows:
 "Contracting Parties undertake to inform the other Contracting Parties about:
 (a)      their national organisation for dealing with pollution of the kind                                            referred      to    in
 Article 1 paragraph 1 of this Agreement, and for enforcing anti-pollution regulations;
 (b)      the competent authorities responsible for receiving and dispatching reports of such
 pollution and for dealing with questions concerning measures of                                             mutual assistance and
 co-ordinated surveillance between Contracting Parties;
  (c)     their national means for avoiding                 or   dealing    with     such            pollution,      which       might     be
 made available for international assistance;
  (d)     new ways in which such pollution may be avoided and about                                     new effective        measures to
 deal with it;
  (e)      major pollution incidents of this kind dealt with;
  (f)      new developments in the technology of conducting surveillance,
  (g)     their experience in the use of surveillance                     means and techniques in the                              detection
  of p o l l u t i o n a n d the prevention of violations                 of a n t i - p o l l u t i o n     regulations,         including
  use in co-operation with other Contracting Parties;
  (h)      information of mutual interest derived from their surveillance activities;
  (i)      their n a t i o n a l    programmes     for    surveillance,      including             co-operative           arrangements
  with other Contracting Parties."
 ---pagebreak---                                                           Article V                                                    Z
A new Article 6A shall be added to the Agreement as follows:
"Surveillance shall be carried out. as appropriate, by the C o n t r a c t i n g                         Parties in their
zone of responsibility or zones of joint responsibility referred to in Article 6 of this
Agreement. The Contracting Parties may bilaterally or multilaterally c o n c l u d e                              agreements
on or make arrangements for co-operation in the organisation of surveillance in the whole
or part of the zones of the Parties concerned."
                                                          Article VI
Article 8 of the Agreement shall be amended to read as follows:
                               c
"(1)     The provisions          this Agreement shall not be interpreted                as in any w a y prejudicing
the rights a n d obligations of the Contracting Parties under                            international law.         especially
in the field of the prevention and combating of marine pollution.
(2)       In no    case shall the division into zones referred to in                   Article 6 of       this Agreement
be i n v o k e d   as a p r e c e d e n t    or a r g u m e n t in a n y      matter   concerning         sovereignty        or
jurisdiction.
(3)       The division into zones referred to in Article 6 of                    this Agreement        shall    in no way
restrict the rights of Contracting Parties to carry out                           in accordance        with      international
law surveillance activities beyond the limits of their zones."
                                                          Article VII
Article 9 of the Agreement shall be amended to read as follows:
"(1)      In the absence of an agreement concerning the financial arrangements                                      governing
actions of Contracting Parties to deal with pollution which might be c o n c l u d e d on a
 bilateral     or multilateral      basis or on the o c c a s i o n of a j o i n t              combating          operation,
Contracting        Parties shall bear the costs of their respective actions                             in dealing        with
 pollution in accordance with subparagraph (a) or subparagraph (b) below:
 (a)      If the action was taken by one Contracting Party at the express request of another
          Contracting Party, the Contracting Party requesting such assistance shall                                 reimburse
          to the assisting Contracting Party the costs of its action;
 (b)     .If t h e a c t i o n w a s t a k e n by a C o n t r a c t i n g    Party    on    its    own     initiative,     this
          Contracting Party shall bear the costs of its action.
 (2)      The Contracting Party requesting assistance                 may cancel its request          at any time, but
 in that case it shall bear the costs already                         incurred or committed            by the assisting
 Contracting Party.
 (3)       Unless otherwise specified in bilateral or                  multilateral agreements or            arrangements,
 each Contracting Party shall bear the costs of                        its surveillance activities carried out in
 accordance with Article 6A."
                                                         Article VIII
 The Contracting Parties shall notify the Depositary Government                         of    their  approval       of   these
 amendments in accordance with Article 16, paragraph 2 of the Agreement.
 ---pagebreak---                                                                                 5
                                                                     ISSN 0254-1475
                                                              COM (92) 133 final
                                                      DOCUMENTS
EN                                                                              14
                                 Catalogue number: CB-CO-92-147-EN-C
                                                             ISBN 92-77-42756-6
Office for Official Publications of the European Communities
L-2985 Luxembourg