Amended proposal for a European Parliament and Council Decision setting up a Community framework for cooperation in the field of accidental marine pollution
27. 6. 2000 EN Official Journal of the European Communities C 177 E/31 Amended proposal for a European Parliament and Council Decision setting up a Community framework for cooperation in the field of accidental marine pollution (1) (2000/C 177 E/06) (Text with EEA relevance) COM(1999) 641 final - 98/0350(COD) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 1 December 1999) (1) OJ C 25, 30. 1. 1999, p. 20. INITIAL PROPOSAL AMENDED PROPOSAL THE COUNCIL OF THE EUROPEAN UNION, THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof, Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) thereof, Having regard to the proposal from the Commission, Unchanged Having regard to the opinion of the European Parliament, Deleted Having regard to the opinion of Committee, the Economic and Social Unchanged Having regard to the opinion of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty, Unchanged (1) Whereas the actions taken by the Community in this field since 1978 have made it possible progressively to develop cooperation between the Member States within a Community Action Programme; whereas the resolution and decisions adopted since 1978 (1) constitute the basis for this cooperation. (2) Whereas the Community Information System has served the purpose of making available to the competent auth- orities in the Member States the data required for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances the Information at System will be simplified by the use of a modern automatic data processing system; whereas the need for rapid and efficient exchange of information requires an appropriate linguistic regime. sea in large quantities; whereas the Community Action (3) Whereas the Community Task Force and other actions within have provided practical assistance to operational authorities during marine pollution emergencies and promoted coop- eration and preparedness to accidents. Programme response efficient for ___________ (1) OJ C 162, 8. 7. 1978, p. 1; OJ L 355, 10. 12. 1981, p. 52; OJ L 77, 22. 3. 1986, p. 33; OJ L 158, 25. 6. 1988, p. 32. C 177 E/32 EN Official Journal of the European Communities 27. 6. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (4) Whereas the Community programme of policy and action in relation to the environment and sustainable devel- opment (1) presented by the Commission foresees that the Community’s activities will be stepped up in particular in the field of environmental emergencies which includes accidental marine pollution. (4) Whereas the Community programme of policy and action in relation to the environment and sustainable devel- opment (1) presented by the Commission foresees that the Community’s activities will be stepped up in particular in the field of environmental emergencies which includes accidental marine pollution and operational spills. (6) Whereas the Community cooperation in the field of acci- dental marine pollution, by taking action against the risks, helps to achieve the objectives of the Treaty by promoting and contributing, solidarity between Member States to preserving pursuant and protecting the environment, including human health. to Article 130r of the Treaty, (5) Whereas the proposal for a directive on port reception facilities for ship-generated waste and cargo residues will play, once it is adopted, a major role in the context of operational spills. (6) Whereas the Community cooperation in the field of acci- dental marine pollution, by taking action against the risks, helps 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, including human health. (7) Whereas áaccidental marine pollutioní should be defined to include, but not be limited to, all releases of harmful substances into the marine environment, whether civilian or military, either directly at or into the sea, or from the shoreline, or river estuaries, or through releases from materials previously dumped at sea. (8) Whereas áharmful substancesí should be defined to include but not be limited to all materials covered by the IMDG (International Maritime Dangerous Goods) code, and releases from dumped munitions. (9) Whereas particular attention should be devoted to the covering conventions agreements and/or relevant European seas. (10) Whereas the establishment of a Community framework for cooperation providing support measures will help to develop cooperation in the field of accidental marine pollution a framework for cooperation should be based to a large extent on experience gained since 1978 in this field. efficiently; whereas even more such Unchanged (11) Whereas a Community framework for cooperation will also increase transparency as well as consolidate and strengthen the different actions in continued pursuit of the objectives of the Treaty. ___________ (1) OJ C 138, 17. 5. 1993, p. 5. ___________ (1) OJ C 138, 17. 5. 1993, p. 5. 27. 6. 2000 EN Official Journal of the European Communities C 177 E/33 INITIAL PROPOSAL AMENDED PROPOSAL (12) Whereas action to provide information and prepare those responsible for and involved in dealing with accidental marine pollution in the Member States is important and increases the degree of preparedness for accidents and also contributes to lessening the risks. (13) Whereas it is also important to undertake Community action to improve techniques and methods of response and rehabilitation after emergencies. (14) Whereas the provision of operational 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. support (15) Whereas an advisory committee on accidental marine the Commission in managing the the Commission relating to accidental pollution will assist framework for cooperation; whereas may also refer other matters marine pollution to this committee. (16) Whereas the provisions of this Decision take over, in the action programme set up through the particular, the June 26 Council Resolution Community Information System established through Council Decision of 6 March 1986; whereas that Council Decision should therefore be repealed from the date on which this Decision enters into force, 1978 and of HAVE ADOPED THIS DECISION: Article 1 A Community framework for cooperation in the field of 1. accidental marine pollution (hereinafter called áthe framework for cooperationí) is hereby established for the period 1 January 2000 to 31 December 2004. 2. The framework for cooperation is intended to support and supplement Member States’ efforts at national, regional and local level for the protection of the marine environment, human health, and coastlines against the risks for accidental pollution at sea and operational spills. 2. The framework for cooperation is intended to support and supplement Member States’ efforts at national, regional and local level for the protection of the marine environment, human health, and coastlines against the risks for accidental pollution at sea and operational spills, including releases from dumped munitions. Accidental marine pollutioní should be defined to include, but not be limited to, all releases of harmful substances into the marine environment, whether civilian or military, either directly at or into the sea, or from the shoreline, or river estuaries, or from materials previously dumped at sea. through releases C 177 E/34 EN Official Journal of the European Communities 27. 6. 2000 INITIAL PROPOSAL AMENDED PROPOSAL The aim of the framework for cooperation is to improve 3. capabilities of the Member States for response in case of incidents involving spills or imminent threats of spills of oil or other harmful substances at sea and also to contribute to the prevention of the risks. The framework for cooperation is further intended to create the conditions for and facilitate efficient mutual assistance and cooperation between Member States in this field. 4. Within this framework for cooperation, a Community Information System with the purpose of exchanging data for for and response to accidental marine the preparedness is established. The pollution, system will consist of at in Annex I. including operational least the components set out spills, The framework for cooperation should also facilitate coop- eration between Member States financial damage can be claimed in accordance with the polluter-pays- principle. to ensure that 4. Within this framework for cooperation, a Community Information System with the purpose of exchanging data for for and response to accidental marine the preparedness pollution, including operational spills and munitions dump zones, is established. The system will consist of at least the components set out in Annex I. Article 2 Unchanged The Commission shall implement the actions under the 1. framework for cooperation. A three-year rolling plan to implement the actions under 2. the framework for cooperation, to be reviewed annually, shall in accordance with the procedure laid down in be adopted, Article 4 and on the basis inter alia of the information supplied by Member to the Commission. The Commission may, where necessary, arrange additional actions to those under the framework for cooperation. Such additional actions shall be assessed in the light of the priorities set and the financial resources available. States Actions under cooperation and 3. financial arrangements for Community contribution are set out in Annex II. framework for the Article 3 The rolling plan to implement 1. framework for actions to be undertaken. cooperation shall the actions under the individual contain the Individual actions shall be selected primarily on the basis 2. of the following criteria: (a) contribution to providing information and preparing those responsible for and involved in dealing with accidental marine pollution and operational spills, in the Member States, in order to increase the degree of preparedness and contribute to preventing the risks; (b) contribution to improving techniques and methods of response and rehabilitation after emergencies; (c) contribution to providing operational support, by mobi- lising experts mainly belonging to the Community Task in emergency situations to Member States and to Force, disseminating experience among Member States; from such situations (b) contribution to improving techniques and methods of including response and rehabilitation after emergencies, exchange of information between port authorities; 27. 6. 2000 EN Official Journal of the European Communities C 177 E/35 INITIAL PROPOSAL AMENDED PROPOSAL (ca) contribution to providing better public information to help clarify risks and relaying accident information; (cb) contribution to strengthening the integration of risk and including habitat local agencies response with other protection bodies. Each individual action shall be implemented in close at national, 3. cooperation with the authorities regional and local levels in the Member States. competent Unchanged Article 4 the For implementation of 1. the framework for cooperation, the Commission shall be assisted by an advisory committee composed of representatives of the Member States and chaired by the representative of the Commission. actions under the the Commission shall submit to the The representative of committee a draft of the individual actions to be undertaken. The committee shall deliver its opinion on the draft, within a time limit, which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the committee and shall inform the committee of the manner in which its opinion has been taken into account. The Commission may also refer other matters relating to 2. accidental marine pollution to the advisory committee. Article 5 the The Commission shall evaluate the implementation of framework for cooperation at mid term and before its end, and report by 30 September 2002 and 31 March 2004 to the Council and the European Parliament. Article 6 Information The Council Decision of 6 March 1986 establishing a Community and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea, as last amended, shall be repealed on the entry into force of this Decision. System for control the Article 7 This Decision shall apply with effect from 1 January 2000. Article 8 This Decision is addressed to the Member States. C 177 E/36 EN Official Journal of the European Communities 27. 6. 2000 ANNEX I COMPONENTS OF THE COMMUNITY INFORMATION SYSTEM INITIAL PROPOSAL AMENDED PROPOSAL The Community Information System will use a modern automatic data processing system. On the Internet site, there will be general back- ground information at Community level on a Community Home Page and, on National Home Pages, information related to the national intervention resources available. Separately, a printed part of the system will be maintained in the form of a Community operational loose-leaf booklet with information on emergency management in each Member State. 1. Each Member State, within six months from the date the Decision enters into force, shall: (a) appoint the authority or management of the Commission thereof, the national part of authorities responsible of the the system, and inform (b) open a web site to be connected with the whole system through the Community general access page of the system. 2. The Commission will open a web site for the purpose of a general access page of the system and a Community page. 3. Each Member State shall fill, in its National Home Page and within six months from the date the Decision enters into force, at least, the following information: (a) a concise view of national structures and of the links between national authorities in the field of accidental marine pollution, (a) a concise view of national structures and of the links between national authorities in the field of accidental marine pollution and operational spills areas, (b) the inventory of main means for emergency response and clean-up from public and private sectors. This inventory will contain data on: Unchanged - number and qualification of the specialist staff, - mechanical resources for recovering hydrocarbons discharged at sea and preventing or combating coastal pollution, as well as on the specialist staff that will utilise these resources, - mechanical resources for recovering hydrocarbons discharged at sea and preventing or combating sea or coastal pollution from oil spills and other harmful substances, as well as on the specialist staff that will utilise these resources, - chemical and biological resources for combating pollution at sea and cleaning up coasts, as well as on the specialist staff that utilise these resources, - chemical and biological resources for combating pollution at sea and cleaning up coasts, rehabilitation expertise, as well as on the specialist staff that utilise these resources, - strike teams, Unchanged - ships and aircraft equipped for combating pollution, 27. 6. 2000 EN Official Journal of the European Communities C 177 E/37 INITIAL PROPOSAL AMENDED PROPOSAL - mobile resources for temporary storage of recovered hydro- carbons and other harmful substances, - systems for lightening oil-tankers, - an emergency number for public use, (ba) list of munitions dump sites, (c) the location of stockpiles or equipment, Unchanged (d) the conditions for offering assistance to other Member States. 4. Each Member State shall up-date its National Home Page, specified in paragraph 3, as soon as changes have occurred or at least each year in January. 5. Each Member State shall provide the Commission with its to be information on operational included loose-leaf booklet, including operational procedures for mobilisation and operational contact points with their references, within 6 months from the date the Decision enters into force. in the Community operational emergency management 6. Each Member State shall notify to the Commission at the earliest opportunity any change related to the information contained in the loose-leaf booklet. 7. The Commission shall make available to each Member States a copy of the loose-leaf booklet and shall provide any updating to the Member States. C 177 E/38 EN Official Journal of the European Communities 27. 6. 2000 FINANCIAL ARRANGEMENTS FOR THE COMMUNITY CONTRIBUTION ANNEX II ORIGINAL TABLE Action Financing arrangements A. Action in training and information 1. Courses and workshops (1) Organisation of courses and workshops for the national, regional and local officials in Member States and others the competent services respond rapidly and efficiently. involved to ensure that Maximum Community financial contribution: 75 % of the total cost of the action with a ceiling of ECU 75 000 per action. 2. Exchange of experts the secondment of experts to Organisation of another Member State in order to allow the experts to gain experience or appraise different techniques used or to study the approaches taken within other emergency services or other relevant bodies. Organisation of exchanges of Member States’ experts, specialists and technicians enabling them to present or follow short training courses or modules in another Member State. 3. Exercises The exercises are intended to compare methods, to stimulate cooperation between Member States and to back up progress in and to coordinate the national emergency services. 4. Community Information System Development a modern and maintenance of computerised information system to help the national accidental marine pollution by providing the information needed for emergency management. dealing with authorities B. Action for improving techniques and methods of response and rehabilitation (pilot project) (1) for response Projects designed to increase the Member States’ capacity and rehabilitation. These projects are aimed mainly at improving means, tech- niques and procedures. Their scope shall interest all or several Member States, and could include projects for the implementation of new technologies related to accidental marine pollution. Projects involving two or more Member States will be encouraged. Maximum Community financial contribution: 75 % of the experts’ travel and subsistence expenses and 100 % of the costs of coordinating the system. Maximum Community financial contribution: 50 % of the costs of participation of observers from other Member States associated workshops, organising preparing the exercise, producing a final report, etc. and for 100 % financing of the Commission part of the system. Maximum Community financial contribution 50 % of the total cost of each project with a ceiling of ECU 150 000. C. Support and Information actions 1. Environment impact Actions to support surveys of the environmental effects after an incident and to largely disseminate their results and the experience acquired to the other Member States. Maximum Community financial contribution: 50 % of the total cost of each action. 27. 6. 2000 EN Official Journal of the European Communities C 177 E/39 Action Financing arrangements 2. Conferences and events (1) Conferences and other marine pollution events open to a large audience, in particular when they involve several Member States. Maximum Community financial contribution: 30 % of the total cost of the action with a ceiling of ECU 50 000. 3. Other support actions (1) Actions for defining the state of the art, for the and guidance development of principles for accidental marine important the pollution and operational the and for evaluations of the framework for cooperation. aspects of spills 100 % financing. 4. Information other exhibition material Publications, information to the public on the Community coop- eration in the field of accidental marine pollution. and 100 % financing. D. Mobilization of expertise Action for mobilisation of experts belonging to the Community Task Force to intervene in the event of an emergency situation to reinforce the system set up by the authorities of a Member State or a third country facing the emergency and for provision of an expert on scene to coordinate observers from other Member States. Community financial contribution: 100 % of the cost for the experts’ missions. (1) The only eligible actions are those interesting all Member States or a significant number of them. C 177 E/40 EN Official Journal of the European Communities 27. 6. 2000 AMENDED TABLE Action Financing arrangements A. Action in training and information 1. Courses and workshops (1) Organisation of courses and workshops for the national, regional and local officials in Member States and others the competent services respond rapidly and efficiently. involved to ensure that Maximum Community financial contribution: 75 % of the total cost of the action with a ceiling of ECU 75 000 per action. 2. Exchange of experts the secondment of experts to Organisation of to allow the another Member State in order experts to gain experience or appraise different techniques used or to study the approaches taken within other emergency services or other relevant bodies such as non-governmental organisations with specialist in accidental marine pollution. expertise Organisation of exchanges of Member States’ experts, specialists and technicians enabling them to present or follow short training courses or modules in another Member State. 3. Exercises The exercises are intended to compare methods, to stimulate cooperation between Member States and to back up progress in and to coordinate the national emergency services. 4. Community Information System Development a modern and maintenance of computerised information system to help the national accidental marine, spills pollution by providing the information needed for emergency management. authorities and operational dealing with B. Action for improving techniques and methods of response and rehabilitation (pilot projects). (1) for response Projects designed to increase the Member States’ capacity and rehabilitation. These projects are aimed mainly at improving means, tech- niques and procedures. Their scope shall interest all or several Member States, and could include projects for the implementation of new technologies related to accidental marine pollution, and operational spills. Projects involving two or more Member States will be encouraged. Maximum Community financial contribution: 75 % of the experts’ travel and subsistence expenses and 100 % of the costs of coordinating the system. Maximum Community financial contribution: 50 % of the costs of participation of observers from other Member States associated workshops, organising preparing the exercise, producing a final report, etc. and for 100 % financing of the Commission part of the system. Maximum Community financial contribution 50 % of the total cost of each project with a ceiling of ECU 150 000. C. Support and Information actions 1. Environment impact Actions to support surveys of the environmental effects after an incident evaluate the preventive and remedial measures taken and to largely disseminate their results and the experience acquired to the other Member States. Maximum Community financial contribution: 50 % of the total cost of each action. 27. 6. 2000 EN Official Journal of the European Communities C 177 E/41 Action Financing arrangements 2. Conferences and events (1) Conferences and other marine pollution events open to a large audience, in particular when they involve several Member States. Maximum Community financial contribution: 30 % of the total cost of the action with a ceiling of ECU 50 000. 3. Other support actions (1) Actions for defining the state of the art, for the and guidance development of principles for accidental marine important the pollution and operational the and for evaluations of the framework for cooperation. aspects of spills 100 % financing. 4. Information other exhibition material Publications, information to the public on the Community coop- eration in the field of accidental marine pollution, and operational spills. and 100 % financing. D. Mobilization of expertise Action for mobilisation of experts belonging to the Community Task Force to intervene in the event of an emergency situation to reinforce the system set up by the authorities of a Member State or a third country facing the emergency and for provision of an expert on scene to coordinate observers from other Member States. Community financial contribution: 100 % of the cost for the experts’ missions. (1) The only eligible actions are those interesting all Member States or a significant number of them