Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution

Decision No 2850/2000/EC of the European Parliament and of the Council
of 20 December 2000
setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Following consultation with the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), and in the light of the joint text approved by the Conciliation Committee on 11 October 2000,
Whereas:
(1) The actions taken by the Community in the field of accidental marine pollution since 1978 have made it possible progressively to develop cooperation between the Member States within a Community action programme. The resolution and decisions adopted since 1978(4) constitute the basis for this cooperation.
(2) Several regional agreements on accidental marine pollution, such as the Bonn Cooperation Agreement, already facilitate mutual assistance and cooperation between Member States in this field.
(3) Regard should be had to the international conventions and agreements applicable to European seas and maritime areas, such as the OSPAR Convention, the Barcelona Convention and the Helsinki Convention.
(4) The Community information system has served the purpose of making available to the Member States the data required for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea in large quantities. The information system will be simplified by the use of a modern automatic data-processing system.
(5) A system for the rapid and efficient exchange of information needs to be established.
(6) The Community task force and other actions within the Community action programme have provided practical assistance to operational authorities during marine pollution emergencies and promoted cooperation and preparedness for efficient response to accidents.
(7) The Community programme of policy and action in relation to the environment and sustainable development(5) presented by the Commission envisages that the Community's activities will be stepped up in particular in the field of environmental emergencies which includes accidental or deliberate marine pollution.
(8) Directive 2000/59/EC of the European Parliament and of the Council on port reception facilities for ship-generated waste and cargo residues(6) is of fundamental importance in the context of this Decision.
(9) Harmful substances means any hazardous or noxious substance liable to raise concern if spilled into the marine environment.
(10) Community cooperation in the field of accidental marine pollution helps, by taking action against the risks, to achieve the objectives of the Treaty by promoting solidarity between Member States and contributing, pursuant to Article 174 of the Treaty, to preserving and protecting the environment and protecting human health.
(11) The establishment of a Community framework for cooperation providing support measures will help to develop cooperation in the field of accidental marine pollution even more efficiently. Such a framework for cooperation should be based to a large extent on experience already gained in this field since 1978.
(12) A Community framework for cooperation will also increase transparency as well as consolidate and strengthen the different actions.
(13) Accidental or deliberate pollution at sea includes pollution from offshore installations and illicit operational spills from vessels.
(14) Action to provide information and prepare those responsible for and involved in dealing with accidental marine pollution in the Member States is important, increases the degree of preparedness for accidents and contributes to preventing the risks.
(15) It is also important to undertake Community action to improve techniques and methods of response and rehabilitation after emergencies.
(16) The provision of operational support in emergency situations to Member States and facilitating the dissemination of experience from such situations among Member States has proved to be of significant value.
(17) Actions under this framework should also promote the polluter-pays principle which should be applied in accordance with the applicable national and international environmental and maritime law.
(18) The measures necessary for implementing this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).
(19) This Decision lays down, for the entire duration of the cooperation framework, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(8), for the budgetary authority during the annual budgetary procedure.
(20) The provisions of this Decision take over, in particular, the action programme set up through Council Resolution of 26 June 1978 and the Community information system established through Council Decision 86/85/EEC of 6 March 1986 establishing a Community information system for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea or in major inland waters(9). That Decision should be repealed from the date on which this Decision enters into force,