Considerations on COM(2019)378 - Authorisation for negotiations on the accession of Spain to the Bonn Agreement (pollution of the North Sea) and the extension of its scope of application

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(1) The Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances (‘the Bonn Agreement’ or ‘the Agreement’) was concluded by the Union (then ‘European Economic Community’) by Council Decision 84/358/EEC of 28 June 1984 3 . The Agreement entered into force on 1 September 1989. The Agreement was amended in 1989; those amendments entered into force on 1 April 1994. The Union (then ‘European Economic Community’) approved those amendments by Council Decision 93/540/EEC of 18 October 1993 4 .

(2) Pursuant to Article 16 of the Agreement, a proposal by a Contracting Party for the amendment of the Agreement or its Annex is to be considered at a meeting of the Contracting Parties. Following adoption of the proposal by unanimous vote, the amendment shall be communicated by the Depositary Government to the Contracting Parties. Such an amendment is to enter into force on the first day of the second month following the date on which the Depositary Government has received notifications of approval from all Contracting Parties.

(3) Pursuant to Article 20 of the Agreement, the Contracting Parties to the Agreement may unanimously invite any other coastal State of the North East Atlantic area to accede to the Agreement. In such a case, Article 2 of the Agreement and its Annex are to be amended as necessary.

(4) The Contracting Parties to the Bonn Agreement, during their thirty-first meeting from 8 to 10 October 2019, are to adopt, by unanimity, a decision under Article 16 of the Agreement to adopt amendments facilitating the extension of the scope of application of the Agreement with a view to improving cooperation on surveillance in respect of the requirements of Annex VI to the MARPOL Convention, as well as the decision under Article 20 of the Agreement to enable the Accession of the Kingdom of Spain to the Agreement and to introduce the related amendments.

(5) As the Contracting Parties are to amend the geographical and material scope of the Agreement, it is appropriate for the Union to authorise the Commission, as the Union negotiator, to negotiate these amendments on behalf of the Union.

(6) The adoption of the decision to propose to the Contracting Parties to approve the extension of the mandate of the Bonn Agreement in relation to Annex VI to the MARPOL Convention would improve joint surveillance, monitoring and reporting of ship emissions in the North Sea area. Such coordinated activity within the Agreement would contribute to lower the risks to the marine environment and the interests of coastal States and of the Union.

(7) The accession of Spain would lead to the inclusion of the Bay of Biscay under the area covered by the Agreement; activities under the Agreement would also benefit from the work and expertise of Spain in this respect. Inclusion of the Finisterre Traffic Separation Scheme will mean that the main traffic route in Europe connecting the North Sea and the Mediterranean Sea would be covered by a commonly coordinated preparedness and response management system. It appears therefore that the scope and effectiveness of the cooperation under the Agreement would be improved.

(8) In light of the above, the Union should therefore support the amendments to the Bonn Agreement, both concerning the material extension of the scope of the Agreement in relation to Annex VI of the MARPOL Convention, and concerning the geographical extension of the Agreement in relation to the accession of Spain.

(9) The Council should authorise the Commission to negotiate and express the support, on behalf of the Union, to adopt the envisaged amendments.