CELEX: 51982PC0055
Language: en
Date: 1982-02-17 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION authorizing the Commission of the European Communities to take part in negotiations concerning the Protocol (to the 1976 Barcelona Convention) on specially protected areas of the Mediterranean Sea (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 55
Vol. 1982/0019
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(82)55 final
                                             Brussels , 17th February 1982
                     RECOMMENDATION FOR A COUNCIL DECISION
            authorizing the Commission of the European Communities to
            take part in negotiations concerning the Protocol ( to the
            1976 Barcelona Convention ) on specially protected areas of
            the Mediterranean Sea
              / | (presented by\the Commission to the Council )
                                   //o]
                       V';
C0M(82 ) 55 final
 ---pagebreak---                            EXPLANATORY MEMRANDUM
      1 . The Community has been involved in the Action Plan for the Mediterranean
          since the plan was first adopted on 16 February 1976 . Accordingly, since
16 March 1978 it has been a Contracting Party to the framework Convention on the
          Protection of the Mediterranean Sea against Pollution ( Barcelona Convention )
          and to the first Protocol thereto , which covers dumping from ships and
          ai rcraft .
          Then on 19 May 1981 the Community ratified the second Protocol , which
          concerns cooperation in combating pollution of the Mediterranean Sea
          by oi I and other harmful substances in cases of emergency .
          Finally, on 14.12.1981   a proposal for a Decision was laid before the
          Council on the conclusion by the Community of the third Protocol - on
          pollution from land-based sources ^ which was signed by the Community on
          17 May 1980 .
      2 . The Community sent representatives to the first meeting of the Contracting
          Parties to the Barcelona Convention , which was held in Geneva from
          5 to 10 February 1979 . The delegates adopted a recommendation on
          activities to promote the protection of the Mediterranean Sea and-
          coastline and called for an intergovernmental meeting to draft legislation
          on the protected areas in that region . That meeting was held in Athens
          from 13 to 17 October 1980 and produced a draft Protocol concerning
          specially protected areas of the Mediterranean . This is to be adopted
          as the fourth Protocol to the Barcelona Convention with a view to further
          extension of the system , which is intended to protect the entire
          Mediterranean environment .
 ---pagebreak---                                   2.
3 . The Protocol drafted in Athens provides      for the establishment of
    specially protected areas of the Mediterranean Sea and coastline with
    a view to conserving both the area 's common natural resources ( including
    fish , shellfish and other marine life , amphibians , reptiles , birds ,
    mammals and flora ) and the diversity of the endemic species , and to
    protect certain natural habitats .                                       1
4 . Some of the measures provided for by the draft Protocol could have
    an immediate impact on Community legislation and on the operation
    of the Community once they come into force .
    Firstly      the protective measures proposed concern trade in , and ;
    imports and exports of , the fauna and flora concerned ; they could
    therefore affect trade between the Mediterranean Member States once
    these have signed the Protocol .
    The Protocol could likewise affect the following Community legislation :
    - Directive 76 / 464 / EEC of 4 May   1976 on the pollution caused by
       certain dangerous substances discharged into the aquatic environment
       of the Community;
    - Directive 79 / 409 / EEC of 2 April 1979 concerning the conservation of
       wi Id bi rds ;
    - Directive 79 / 923 / EEC of 30 October 1979 on the quality of shellfish
       waters ;
    - Regulation ( EEC ) N° 348 / 81 of 20 January 1981 on common rules for
       imports of cetacean products .
5 . The Community is already engaged in similar actions , since on
    3 December 1981 the Council ratified the Berne Convention of 1979 , which
    sets out to conserve certain species of European flora and fauna and
    their natural habitats . The fourth Protocol would extend the protection
    afforded by the Convention to all marine life , including fish ,
    and would also embrace the countries on the southern coast of the
    Mediterranean .
                                                                           ./.
 ---pagebreak---                                3.
6 . The Community could make a valuable contribution towards harmonizing
    the methods and rules applied by the Member States when delimiting ,
    safeguarding and monitoring the protected areas . The cooperation clause
    in the Protocol will enable the Community to help any other country
    which calls for its assistance to set up its own protected areas as
    part of the Community 's overall Mediterranean policy .
    The Community 's experience and know-how, combined with its current
    research , are bound to prove extremely valuable when implementing the
    Protocol .    '
7 . A special meeting of the Contracting Parties is to be held in March 1982
    to adopt and sign the definitive version of the Protocol .
8 . Consequently, the Commission considers that the Community should enter
    into negotiations on its participation in the Protocol .
    It therefore recommends that the Council should adopt the annexed draft
    Decision .
 ---pagebreak---                                   4.
  RECOMMENDATION FOR A COUCIL DECISION AUTHORIZING THE COMMISSION OF THE
  EUROPEAN COMMUNITIES TO TAKE PART IN NEGOTIATIONS CONCERNING THE
  PROTOCOL ( TO THE 1976 BARCELONA CONVENTION ) ON SPECIALLY PROTECTED
  AREAS OF THE MEDITERRANEAN SEA
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community ,
. Having regard to the recommendation from the Commission ,
  Whereas the first two action programmes of the European Communities on
  the environment ( 1 ) stress the need to protect and to purify the sea ,
  in order that it might continue to play its part in the preservation
  and development of species , and to maintain the vital ecological
  balance ;                                     •
  Whereas the second action programme of the European Communities on the
  environment underlines the urgent need for international solutions to
  the problem of the development and ecological management of coastal
  regions ;
  Whereas cooperation with the developing countries , and in particular
  with the Community 's Mediterranean partners , on environmental matters
  is one of the prime objectives of the second action programme of the
  European Communities on the environment ;
  Whereas article 4 of the Barcelona Convention empowers the Contracting
  Parties to adopt additional Protocols prescribing measures , procedures
  and standards for the implementation of the said Convention ;
  ( 1 ) O.J. N° C 112 , 20.12.1973 ; O.J. N° C 139, 13.6.1977
 ---pagebreak--- Whereas the Community has already ratified the Barcelona Convention ,
the Protocol for the prevention of pollution of the Mediterranean Sea
by dumping from ships and aircraft and the Protocol concerning cooperation
in combating pollution of the Mediterranean Sea by oil and other harmful
substances in cases of emergency ;
Whereas , most of the signatories to the Barcelona Convention and to the
annexed Protocols enjoy, within the framework of the Community 's overall
approach to the Mediterranean , a special relationship with the Community,
particularly as regards cooperation ; whereas the Protocol concerning
specially protected areas of the Mediterranean lays down detailed rules
for such cooperation in the sectors which it covers ;
Whereas the draft protocol concerning specially protected areas of the
Mediterranean sets out to safeguard the common natural resources of
that region , to preserve the diversity of the endemic species and to
protect certain natural habitats by setting up a number of specially
protected areas ;
Whereas the said draft protocol provides for the adoption of measures
concerning trade , imports and^o^the fauna and flora protected by it
and could , therefore , affect trade between Member States ;
Whereas some provisions of the said draft protocol could affect Council
Directive 76 / 464 / EEC of 4 May 1976 on pollution caused by certain
dangerous substances discharged into the aquatic environment of the
Community, Directive 79 / 409 / EEC of 2 April 1979 on the conservation of
wild birds , Directive 29/ 923 / EEC of 30 October 1979 on the quality
required of shellfish waters and Council Regulation ( EEC ) N° 348 / 81 of
20 January 19b1 on common rules for imports of cetacean products ;
Whereas the Community should therefore participate in the Protocol ;
 ---pagebreak--- HAS DECIDED AS FOLLOWS
                    Sole Article
The Commission is hereby authorized to take part in the negotiations
concerning the Protocol ( to the 1976 Barcelona Convention )
concerning specially protected areas of the Mediterranean Sea with
a view to conclusion of that Protocol by the Community .
               I
              i
It shall conduct those negotiations in accordance with the annexed
directives and with any others which may be issued subsequently .
                                             Done at Brussels ,
                                             For the Council ,
                                            The President ,
 ---pagebreak---                            7.
Directives concerning the negotiations
The Protocol ( to the 1976 Barcelona Convention ) concerning specially
protected areas of the Mediterranean Sea must be adopted to allow
the Community to become a Contracting Party   thereto , due consideration
being given to the common rules which have already been adopted in
the fiels concerned .