Considerations on COM(2013)743 - EU position on amending the Protocol concerning Special Protected Areas and Biological Biodiversity in the Mediterranean and on the Regional Action Plan on Marine Litter

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dossier COM(2013)743 - EU position on amending the Protocol concerning Special Protected Areas and Biological Biodiversity in the Mediterranean and ...
document COM(2013)743 EN
date October 25, 2013
 
(1) The EU is a Contracting Party to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean[10] (hereinafter referred to as the Barcelona Convention).

(2) The EU is a Party to the Protocol for the Protection of the Mediterranean Sea against Pollution for Land Based Sources (hereinafter referred to as the LBS Protocol) and to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean[11] (the SPA and Biodiversity Protocol).

(3) The Eighteenth Ordinary Meeting of the Contracting Parties to the Barcelona Convention and its Protocols, which will take place in Istanbul (Turkey) from 3 to 6 December 2013 will examine the adoption of:

(a) A proposal to adopt a Regional Action Plan on Marine Litter, under the Protocol for the Protection of the Mediterranean Sea against Pollution for Land Based Sources ('the LBS Protocol').

(b) A proposal to amend the annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (the SPA and Biodiversity protocol).

(4) As regards the proposal to amend the annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean:

(a) The Meeting of the Contracting Parties is the decision-making body of the Convention, and the powers conferred upon it include the capacity to amend as required the annexes to the Convention and to its protocols. In accordance with Article 17 of the Barcelona Convention and Article 14(1) of the Protocol, an amendment to the Annexes of the Protocol shall become effective for all Contracting Parties to the Protocol on expiry of a period determined by the respective Contracting Parties when adopting the amendment, except for those that have notified in writing the Depositary that they are unable to approve the amendment.

(b) According to the Memorandum of Understanding signed between the Mediterranean Action Plan (UNEP/MAP) and the General Fisheries Commission for the Mediterranean (GFCM), possible amendments to the annexes of the Protocol should be consulted between the Parties ensuring timely and adequate flow of scientific information.

(c) The EU should support this proposal because it is scientifically sound, consistent with Union legislation in particular under the Habitat Directive and with the Union's commitment to international cooperation for the protection of biodiversity, and in accordance with Article 5 of the UN Convention on Biological Diversity[12], the target agreed at the Convention on Biological Diversity in 2010 to significantly reduce the current rate of biodiversity loss by 2020 as well as the Aichi Biodiversity Target No 10 according to which 'by 2015, the multiple anthropogenic pressures on coral reefs, and other vulnerable ecosystems impacted by climate change or ocean acidification are minimized, so as to maintain their integrity and functioning'.

(5) As regards the proposal to adopt a Regional Action Plan on Marine Litter, under the Protocol for the Protection of the Mediterranean Sea against Pollution for Land Based Sources ("the LBS Protocol"):

(a) The LBS Protocol provides for the adoption by the Meeting of the Parties of Regional action plans and programmes, including measures and timetables, to eliminate pollution deriving from land-based sources and activities. By virtue of Article 15 of the Protocol, when plans are adopted, their measures and timetables will become binding for the Parties on the one hundred and eightieth day following the day of notification by the Secretariat to all the Parties.

(b) Regional Action Plan on Marine Litter has been formulated by the body designated by the Parties as responsible to prepare the Meeting of the Parties, and have been approved by the relevant technical body of the Convention. The Regional Action Plan should in addition be enhanced by a few technical modifications, in order to bring it further in line with current practice in the EU.

(c) The Regional Action Plan concerns a field covered by Union law in particular in the field of waste and water as well as transport[13] and is coherent with the commitment made at Rio+20 to significantly reduce marine litter. Enhanced cooperation with third countries for the protection of the marine environment is necessary to contribute to the achievement of the objectives of the Marine Strategy Framework Directive 2008/56/EC.

(6) The two proposals to be examined by the Eigtheenth Ordinary Meeting of the Contracting Parties would not require any change in Union law.

(7) The EU should support the proposals.