17.12.86 Official Journal of the European Communities No C 324/ 3
II
(Preparatory Acts)
COMMISSION
Proposal for a Council Decision authorizing the Commission to negotiate and approve on
behalf of the Community certain measures as part of the implementation of international
agreements of a regional nature relating to environmental protection to which the Community is
a Contracting Party
COM(86) 563 final
(Submitted by the Commission to the Council on 2 December 1986)
(86/C 324/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 235
thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European
Parliament,
Whereas the European Economic Community is a
Contracting Party to the regional environmental
protection agreements listed in the Annex to this
Decision;
Whereas, as part of the administration of these regional
agreements, the Commission is required to participate on
behalf of the Community in conferences which are auth-
orized by the agreements to adopt measures which set
limit values or policy objectives which may be either
compulsory or optional, as the case may be;
Whereas, on grounds of efficiency and so as not to slow
down the decision-making process and the entry into
force of the regional agreements to which the
Community is a Contracting Party, it is clear from the
experience so far that it would be useful for the
Commission, taking into account the specific features of
the regional agreements, to be authorized to negotiate
and approve on behalf of the Community, and on the
basis of a general Council Decision, measures equivalent
to or less stringent than those provided for by
Community acts;
Whereas, where the Community is to negotiate and
approve measures which are more stringent than the
Community standards, such provisions applying only to
the Member States which are parties to the regional
agreement, if all the Member States which are in the
region concerned, all of which are parties to the regional
agreement in question, and the Commission representing
the Community, agree to accept the measures in
question, it should be possible for the Commission to
negotiate them and approve them on the basis of this
Decision on behalf of the Community;
Whereas, if there was no agreement between the
Commission and the Member States parties to the
regional agreement, the normal procedure set out in
Article 228 (1) of the EEC Treaty would apply;
Whereas, if it was impossible to define in an objective
fashion and in the light of the scientific and technical
data available whether the measures to be adopted under
these regional agreements would have effects which were
less stringent, equivalent to or more stringent than those
provided for by existing Community rules, the normal
procedure for the negotiation and approval of such
measures would also apply;
Whereas this Decision in no way alters the rules on the
basis of which the exclusive competence of the
Community is defined,
HAS DECIDED AS FOLLOWS:
Article 1
The Commission is hereby authorized to negotiate and
approve on behalf of the Community in the context of
the regional environmental protection agreements listed
in the Annex hereto;
— measures which are equivalent to or less stringent
than those provided for in Community rules,
No C 324/4 Official Journal of the European Communities 17.12. 86
Article 2
The Commission shall conduct the negotiations referred
to in Article 1 in consultation with representatives of the
Member States concerned which are party to the
regional agreements in question.
It will report to the Council immediately concerning any
problems which might arise and on the final outcome of
the negotiations.
ANNEX
Barcelona Convention
for the protection of the Mediterranean Sea against pollution (concluded by the Community on 25 July
1977; OJ No L 240, 19. 9. 1977).
— Protocol for the prevention of pollution of the Mediterranean Sea by dumping by ships and aircraft
(concluded by the Community on 25 July 1977; OJ No L 240 of 19. 9. 1977).
— Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other
harmful substances in cases of emergency (concluded by the Community on 19 May 1981; OJ No L
162, 19.6. 1981).
— Protocol for the protection of the Mediterranean Sea against pollution from land-based sources
(concluded by the Community on 28 February 1983, OJ No L 67, 12. 3. 1983.)
— Protocol concerning Mediterranean specially protected areas (concluded by the Community on 1
March 1984; OJ No L 68, 10. 3. 1984).
Paris Convention
for the prevention of marine pollution from land-based sources (concluded by the Community on 3 March
1975; OJ No L 194, 25. 7. 1975) in the North-East Atlantic.
Bonn Agreement
for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (concluded
by the Community on 28 June 1984; OJ No L 188, 16. 7. 1984).
Convention for the protection of the Rhine
against chemical pollution (concluded by the Community on 25 July 1977, OJ No L 240, 19. 9. 1977).
— Additional Agreement to the Agreement, signed in Berne on 29 April 1963, concerning the Inter-
national Commission for the Protection of the Rhine against Pollution (concluded by the Community
on 25 July 1977; OJ No L 240, 29. 9. 1977).
measures which are more stringent than those
provided for in Community rules where the latter
allow Member States the possibility of adopting more
stringent national standards and provided that all the
Member States which are in the region concerned, all
of which are Contracting Parties to the regional
agreement in question, and the Commission
representing the Community, agree to the
negotiation and approval thereof.
Full & Egal Universal Law Academy