CELEX: 51973PC1830
Language: en
Date: 1973-11-12
Title: PROPOSAL FOR A DECISION BY THE COUNCIL concerning the participation of the European Economic Community in the negotiations for the conclusion of a Convention for the prevention of sea-pollution from land-based sources (afterwards called "the Convention") (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (73) 1830
Vol. 1973/0317
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(73)1830 final
                                                  Brussels . 12 November 1973
                                PROPOSAL FOR A
           concerning the participation of the European, Economic
           Community in the negotiations for the conclusion of a
             Convention for the prevention of sea-pollution from
           land-based sources ( afterwards called "the Convention")
                 ( submitted to the Council "by the Commission)
   COM(73) 1830 final
 ---pagebreak---                                      - 1 -                     ENV . 142/73 E- rev
      CONVENTION ON MARINE POLLUTION ARISING PROM LAUD-BASED SOURCES
              Communication from the Commission to the Council concerning
       a proposal for the particioation of the Community in the Convention
• Background
  The first session of the Conference on Marine Pollution arising from
  Land-based Sources was held in Paris from September 17 to 21 , 1973 at
  the invitation of the French Government . The followingcountries parti­
  cipated : Belgium , Denmark , Prance , Germany , Ireland , the Netherlands ,
  Norway , Portugal , Spain , Sweden and the United Kingdom . Finland , Luxem­
  bourg , Iceland , Italy and Switzerland were present as observers . The
  Council of Europe , the United Nations Environment Programme ( UNEP ) and
  the Commission of the European Communities alse attended as observers .
  The subject of the Conference' is extremely important . With the adoption
  in 1972 of the Oslo end London Convention , some progress has been made
  in controlling pollution cf the sea by dumping from ships . Various con­
  ventions established within the framework of the International Maritime
  Consultative Organization ( HICO ) have as their object the control of
  other forms of sea-pollution , especially that resulting from the dis­
  charge of oil or oily waste , whether accidental or deliberate . These
  IMCO conventions are being reviewed and stre-ngthcned in the course of
  an international conference being held in London at the present time .
  But an important aspect of sea-pollution is not covered by existing ar­
  rangements , viz . pollution which reaches the sea through rivers and es­
  tuaries , through pipelines or by direct discharge from the coast .
  The Paris Conference , in so far as it will lead to a convention being
  concluded in this matter , will help to fill a major gap which exists at
  the moment in the general system for ■ marine protection .
 ---pagebreak---                                  - 2 -                   EBV . 142/73 E - rov.l
The principle elements of -the draft Convention which were discussed in
Paris in September concern :
a) an undertaking "by contracting "parties to reduce or eliminate sea-
    pollution caused by the discharge of substances listed in one or
    several annexes ,
b) the establishment , by the contracting parties , of a common monitoring
    network in the maritime zone covered by the Convention,
c ) the establishment of a commission ( composed of representatives of
    the Contracting Parties ), which may inter alia have the task of pro­
    posing the programmes of pollution-abatement in question , coordinating
    and exploiting the monitoring network r reviewing the list of substances
    in the annex or annexes j establishing environmental quality objectives
    to guide the general pollution-abatement programmes or sub-regional
    agreements which may be concluded between two or more of the contrac­
    ting parties .
     Discussions will be resumed as a second session of the Conference
which will begin on December 13th 1973 in Paris . At this second session
   certain differences of viewpoint will have to be resolved if the confe­
rence is to succeed .
These differences of view remain substantial . They concern the central
undertaking of the Convention - should it seek to eliminate pollution which
is caused by substances on a "black list ", or only to reduce this pollution?
They also concern the powers of the "commission" and its rele vis a vis
contracting parties . Could this body take decisions , - if so , what type
of decisions ? Or is it only to be an advisory body to which states will
turn for technical support ?
It is worth nothing that the most forceful arguments at Paris over this
and other points were held not between the Member States of the Community
and third countries , but among the Member States themselves .
 ---pagebreak---                                   - 3 -                    EW . 142/73 E - rev.l
The main documents before the resumed, session in December will be the same
as those which were before the September session of the Conference ; namely
a French draft convention and a Dutch draft convention . In addition , some
eighty working papers were tabled at Paris and many of these are still to
be discussed .
Position of the Community at the time of Paris Conference , September 17-21 , 1973
As noted above , the Commission of the European Communities participated as
an observer at the first session of the Paris Conference . An invitation
to this effect was given verbally by Mr. Robert Poujade , French Minister
for the Protection of Nature and the Environment , at the time of the Council
session of July 19 , 1973 , which adopted the Community Environment Programme .
( This invitation was subsequently confirmed in writing). During this meeting ,
the Commission 's President , M. Ortoli , and its Vice-President , M. Scarascia-
Iiugnozza both expressed great interest in the objectives of the Paris Confe­
rence and in its successful outcome . They also stressed the close relation­
ship between the proposed Paris Convention and the Community 's own programme
in the field of land-originating sea-pollution . They referred especially
to the fact that , under the Community 's action programme , Member States
of the Community have committed themselves to undertaking a course of
action on a community level , for the reduction or elimination of land-
based pollution : that environmental quality objectives were to be esta­
blished on a community basis , as well as certain standards and that , in
these circumstances , the opportunity should exist for the Community not
only to attend the Conference but also , subsequently , to adhere to any
Convention which might result from the Conference ,
In saying this , the representatives of the Commission were conscious that
 it was too early to ask the Council to take a definitive decision as of
that moment on the question of the Community 's signature . In fact , at the
 end of July , the form of the Convention itself , the nature of the obligations
which would result from it , and the duties and responsibilities of the
Commission to be created within the framework , were not yet clearly defined .
 ---pagebreak---                                   - 4 -                    EiTV . 142/ 73 E - rev.l
Since July 19 , 1973 , tne situation has become considerably clearer , notably
in relation to the work done by the Council group on the environment .
Finally , the Commission draws attention to the fact that the Netherlands
in their draft text for Article 15 have formally proposed that the Con­
vention should be open for the signature of the Community . The examination
of Article 15 and subsequent articles hss     not yot been undertaken but
these provisions will be discussed at the next session .
The political argument for Community -participation in the "Paris " Convention
The Commission is of the view - that the arguments for Community signature
have been strengthened with the passage of time . One fundamental reason
is political . The Heads of State or of Government meeting in Paris in
October 1972 ■ the Ministers responsible for the Environment Meeting
in Bonn in the same month ; the Council of Ministers meeting in Brussels
on July 19 , 1973 - have all reaffirmed the importance of environmental
policjr for the Community . They have , moreover , singled out the marine
environment and land-originating pollution , as an area of outstanding
importance . The Community as a whole should therefore be deeply committed
to a " successful " Paris Conference and to the elaboration of a Convention
designed to fill , as noted earlier , a major gap in the network of protective
arrangements for the marine environment .
The Commission holds to the view , outlined by its representatives at
the 19 July 1973 Council meeting , that the impoitant charges to bo laid
upon Contracting Parties to the Paris Convention and upon the "commission"
created in the framework of this convention &re in many respects identical wit!
those tasks laid down for the Community in the programme adopted by the
Council . One of the objectives of this Programme is in fact to reduce
 ---pagebreak---                                   - 5 -                   EEV . 142/73 E - rev.l
or eliminate pollution , including sea-pollution from land-based, sources .
This will include the need to define environmental quality objectives , to
assess risks , to fix standards and to take the necessary measures for
monitoring and surveillance . The Community must take up its responsibi­
lities in this field , and moreover it must ensure the necessary cohesion
between its own work and that carried out by regional bodies which , in
turn , ought , within the framework of their specific tasks , to take as
reference the general methods and regulations established at the commu­
nity level .
Thus the Community must        continue its programme as energetically as
possible . But it must also be present in this now forum , as one. of the
contracting parties and with the same standing as the other members .
As a contracting party the Community would, automatically be represented
in the Commission of the Convention . As a member of that commission , it c 3uld
seek to ensure a consistency of approach between the policies and pro­
grammes of the latter and those of the Community .
Given the progress achieved withir    the framework of the Environment
PrograTime , for example in the field of quality objectives , it is possible
that the Community may be in a position to hasten the taking of
decisions by the Paris Commission in important resoects .
 ---pagebreak---                                       - 6 -                     El-TV . 142/73 E - rev.l
4 . The technical arguments for Community participation
    In the programme adopted by the Council on July 19 , 1973 , it is stated
    that the application of certain agreements regarding marine pollution
    would "necessitate the implementation within the Community of legislation
    and rules which will have to be harmonized so as to avoid creating distor­
    tions in trade and the distribution of investments ". The programme further
    states that " such harmonizat ion would be made easier by the participation
    of the Commission in the work of the committees set up by the agreements
    with a view to ensuring their implementation".
    As noted above , the Community as a Contracting Party to the Paris Convention
    would be represented on the commission created by the Convention and would
    thus be able to participate within this Convention in the work of harmoni­
    zation of legislation and the working out of rules of application .
    Furthermore , it is probable that certain measures of an economic character
    of particular interest to the Common Market may be adopted within the
    framework of this Convention . With the Community as such a Contracting
    Party , these measures could be adopted ab initio by the Community without
    having to undergo subsequent transformation ( and "harmonization") in order
    to take . account of national legislation . Theoretically , of course , the
    community could adopt the measures envisaged in the framework of the
    Convention , without waiting until they have been adopted by the Member
    States , even if it is not party to the Convention .
    Another reason in favour of the immediate adhesion of the Commission
    to the Convention is the difficulty which would arise in relation to
    subsequent adhesion . This could in fact encounter political difficulties ,
    particularly if the text of the Convention requires that adhesion should
    depend on the unanimous approval of Contracting Parties ( including, of
    course , countries outside as well as inside the Community). Even if there
    are no political difficulties , there would be necessarily considerable
    delays .
 ---pagebreak---                               - 7 -                ENV/1 42/73 - E rev. 1
                 c     .. • :       "
Finally , even before the Convention is ratified , a temporary Com­
mission will begin work ( as has been the case with Oslo ) and the
Community should have the opportunity to be associated with that
work at the earliest possible date .    If the status of the Community
in the Convention remained in doubt , this collaboration could be
jeopardized .
Conclusion
These then are some of the reasons why the Commission believes that
the Community should become a Contracting Party to the Paris Con­
vention .  The best solution would be for the Community to be in a
position to sign the Convention ( sin appropriate provision could be
introduced into Article 15 - as is already proposed in the Dutch
text ).
If , however , this is not the case , in any event the possibility should
remain open for the Community to adhere to the Convention under the
same conditions as signatory states ( i.e. without the requirement
for unanimous approval by Contracting Parties ).
 ---pagebreak---                                     - 8-                      ENV/142/73-E
                                                              Rev.l
The Commission therefore proposes "that the Council should : ,
a) authorize the Commission to participate jointly with the Member
     States concerned in the negotiations with the object of concluding
     a Convention on Marine Pollution arising from land-based sources . A
     draft proposal for a Courcil decision is attached to this communication .
b ) invite Member States to work together with the Commission to achieve
     this objective at the resumed session of the Conference .
                                               I
c ) remind Member States that they whould . adopt a common position on the 1
     essential provisions of the Convention before the next session of the
     Conference , especially Articles 4 »   10 and the Annexes ( l ).
d ) invite the Commission to inform the participating third countries of
     the decision mentioned under a).
( l ) The Commission will wait for the resxtlts tfJf the next concertation
      meeting before , if necessary, proposing other directives in addition
      to those attached .
 ---pagebreak---                                     - 9 -                   E2TV/142/7 3-E
                                                            Rev.l
Proposal for a Decision "by the Council                         concerning
the participation of the European Economic .. Community in the negotiations
for the conclusion of a Convention for the prevention of sear-pollution
from land-based, sources ( afterwards called "the Convention")
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty instituting the European Economic Community
and in particular article 235 »
Having regard to the proposal of the Commission ,
Having regard to the opinion of the Assembly ,
Considering that the Council has adopted on 19 July 1973 » a programme D'S
action for the Environment ,
Considering that it is appropriate that the Community should participate
alongside the Member States in the negotiations with other interested
Countries with regard to conclusion of "the Convention"
DECIDES :
                                 ARTICLE I.
The Commission 13 authorized to participate , alongside the Member States
concerned , in the negotiations for the conclusion of "the Convention".
The Commission will conduct these negotiations in consultation with the
representatives of the Member States in accordance with the following
directive .
Brussels , the                                   For the Council ,
                                                  The President
 ---pagebreak---                                   - 10 -                   ENV/142/73-E
                                                           Rev.l
                 Directive from the Council to the Commission
The articles concerned of the draft Convention should be written in such
a manner as to permit the Community to "become a signatory and to adhere
to this Convention , without adhesion "being conditional on the unanimous
approval of the contracting parties .