CELEX: 52021PC0677
Language: en
Date: 2021-10-27
Title: Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (the ‘Barcelona Convention’) on the Adoption of a Decision to adopt the amendments to the Regional Plan on Marine Litter Management in the Mediterranean in the framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (the ‘LBS Protocol’)

EUROPEAN COMMISSION
            Brussels, 27.10.2021
            COM(2021) 677 final
            2021/0354(NLE)
            
            Proposal for a
            COUNCIL DECISION
            on the position to be taken on behalf of the European Union in the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (the ‘Barcelona Convention’) on the Adoption of a Decision to adopt the amendments to the Regional Plan on Marine Litter Management in the Mediterranean in the framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (the ‘LBS Protocol’)
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.Subject matter of the proposal
            
            
               This proposal concerns the position to be taken on the Union's behalf at the 22nd Meeting of the Contracting Parties to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (the ‘Barcelona Convention’) and its Protocols on a decision to adopt amendments to the Regional Plan on Marine Litter Management in the Mediterranean in the framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (the ‘LBS Protocol’).
            
            
               2.Context of the proposal
            
            
               2.1.The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean and its Protocols
            
            
               The Barcelona Convention and its seven Protocols adopted in the framework of the Mediterranean Action Plan constitute the principal regional legally binding Multilateral Environmental Agreement for the Mediterranean Sea.
            
            
               The Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (the ‘LBS Protocol’) is one of the seven Protocols of the Barcelona Convention. It aims to take all appropriate measures to prevent, abate and eliminate to the fullest extent possible pollution of the Mediterranean Sea by dumping of waste or other matter.
            
            
               The European Union is a party to the LBS Protocol (amended)
                  1
               . 
            
            
               2.2.The Meeting of the Contracting Parties to the Barcelona Convention and its Protocols  
            
            
               The Meeting of the Contracting Parties to the Barcelona Convention and its Protocols brings together Ministers and senior officials representing all Contracting Parties to the Barcelona Convention and its Protocols. The Contracting Parties will meet between 7 and 10 December 2021 in Antalya, Turkey.
            
            
               According to Article 25 of the Barcelona Convention, the European Union (the ‘EU’) shall exercise its right to vote with a number of votes equal to the number of its Member States which are Contracting Parties to this Convention and to one or more of its Protocols. The EU shall not exercise its right to vote when its Member States exercise theirs and conversely. 
            
            
               According to Article 15, paragraph 1, of the LBS Protocol, decisions on the adoption of action plans, programme and measures shall be made by a two-thirds majority of the Contracting Parties present and voting. 
            
            
               2.3.The envisaged act of the 22nd Meeting of the Contracting Parties to the Barcelona Convention and its Protocols
            
            
               At the next Ministerial meeting, the Contracting Parties to the Barcelona Convention and its Protocols are to adopt a Decision adopting amendments to the Regional Plan on Marine Litter Management in the Mediterranean in the framework of Article 15 of the LBS Protocol (‘the envisaged act’).
            
            
               The Regional Plans will be binding on the Union in accordance with Article 15, paragraph 3 of the LBS Protocol.  
            
            
               3.Position to be taken on the Union's behalf
            
            
               Acting on the reduction of Marine Litter is an essential element of Union legislation for the protection of marine environment, its biodiversity and its ecosystems.
            
            
               In line with SGD 14 and the Naples Declaration, the envisaged act will provide new definitions and will expand the scope of measures in four key areas (economic instruments, circular economy of plastics, and land-based and sea-based sources of marine litter).  As of 2025, the act also requires the adoption of prevention measures to achieve a circular economy for plastics, in particular by phasing out the consumption and production of certain single use plastic items, and by restricting the use of certain chemical additives of concern in plastic production (in line with the Stockholm Convention). 
            
            
               A Union position is necessary because of the legally binding effects of the envisaged proposal.  
            
         
         
            
               The proposal is in line with the Union’s ambition under the Green Deal to reduce pollution and improve protection of the environment. It is therefore proposed that the Union support the adoption of the envisaged act.
            
            
               4.Legal basis
            
            
               4.1.Procedural legal basis
            
            
               4.1.1.Principles
            
            
               Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
            
            
               The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. 
            
            
               4.1.2.Application to the present case
            
            
               The Meeting of the Contracting Parties to the Barcelona Convention and its Protocols is a body set up by an agreement, namely the Barcelona Convention.
            
            
               The envisaged act will adopt amendments to the Regional Plan on Marine Litter Management in the Mediterranean, and therefore its adoption constitutes an act having legal effects. 
            
            
               The envisaged act does not supplement or amend the institutional framework of the Barcelona Convention and its Protocols.
            
            
               Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
            
            
               4.2.Substantive legal basis
            
            
               4.2.1.Principles
            
            
               The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
            
            
               4.2.2.Application to the present case
            
            
               The main objective and content of the envisaged act relate to protection of the environment.
            
            
               Therefore, the substantive legal basis of the proposed decision is 192(1) TFEU.
            
            
               4.3.Conclusion
            
            
               The legal basis of the proposed decision should be 192(1) TFEU, in conjunction with Article 218(9) TFEU.
            
            
               2021/0354 (NLE)
            
         
         
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be taken on behalf of the European Union in the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (the ‘Barcelona Convention’) on the Adoption of a Decision to adopt the amendments to the Regional Plan on Marine Litter Management in the Mediterranean in the framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (the ‘LBS Protocol’)
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article192(1), in conjunction with Article 218(9) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)The amended Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities (the ‘LBS Protocol’) was concluded by the Union by Council Decision 1999/801/EC
                  2
                and entered into force on 11 May 2008. 
            
            
               (2)Pursuant to Article 15 of the LBS Protocol, the Meeting of the Contracting Parties to the Barcelona Convention and its Protocols may adopt regional action plans containing measures and timetables for their implementation.
            
            
               (3)During their 22nd meeting on 7-10 December 2021, the Contracting Parties to the Barcelona Convention and its Protocols are to adopt amendments to the Regional Plan on Marine Litter Management in the Mediterranean in the framework of Article 15 of the LBS Protocol. The envisaged act will provide new definitions and will expand the scope of measures in four key areas (economic instruments, circular economy of plastics, and land-based and sea-based sources of marine litter).  
            
            
               (4)It is necessary to establish the position to be taken on the Union's behalf in the Meeting of the Contracting Parties to the Barcelona Convention and its Protocols, as the Decision will adopt amendments to the Regional Plan on Marine Litter Management in the Mediterranean which is binding on the Union according to Article 15, paragraph 3 of the LBS Protocol.
            
            
               (5)Since the envisaged Regional Plan is in line with the Union’s ambition to reduce pollution and improve protection of the environment, it is proposed that the Union support the adoption of the Decision.
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The position to be taken on the Union's behalf in the 22nd Meeting of the Contracting Parties to the Barcelona Convention and its Protocols shall be to support the adoption of the Decision to amend the Regional Plan on Marine Litter Management in the Mediterranean in the framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (the ‘LBS Protocol’).
            
            
               Article 2
            
            
               This Decision is addressed to the Commission.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 322, 14.12.1999, p. 18–31.
               
               
                  
                     (2)
                  
                        OJ L 322, 14.12.1999, p. 18–31.