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( 1 ) OJ NO C 28 , 9 . 2 . 1981 , P . 55 .

( 2 ) OJ NO C 112 , 20 . 12 . 1973 , P . 1 AND OJ NO C 139 , 13 . 6 . 1977 , P . 1 .

COUNCIL DECISION OF 19 MAY 1981 ON THE CONCLUSION OF THE PROTOCOL CONCERNING COOPERATION IN COMBATING POLLUTION OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES IN CASES OF EMERGENCY ( 81/420/EEC )

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 ( 1 ) ,

WHEREAS , AT ITS MEETING IN COPENHAGEN ON 7 AND 8 APRIL 1978 , THE EUROPEAN COUNCIL DECIDED THAT THE COMMUNITY SHOULD MAKE THE PREVENTION AND CONTROL OF MARINE POLLUTION , PARTICULARLY BY HYDROCARBONS , ONE OF ITS MAIN OBJECTIVES , AND ASKED THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , AND THE MEMBER STATES TO INTRODUCE APPROPRIATE MEASURES WITHOUT DELAY WITHIN THE COMMUNITY AND TO ADOPT A COMMON STAND IN THE INTERNATIONAL BODIES CONCERNED , PARTICULARLY AS REGARDS RESEARCH AND THE IMPLEMENTATION OF EFFECTIVE POLLUTION CONTROL MEASURES ;

WHEREAS THE PROGRAMMES OF ACTION OF THE EUROPEAN COMMUNITIES ON THE ENVIRONMENT ( 2 ) EMPHASIZE HOW IMPORTANT IT IS FOR THE COMMUNITY TO COMBAT MARINE POLLUTION IN GENERAL , PROVIDE FOR INTER ALIA COMMUNITY ACTION TO COMBAT POLLUTION CAUSED BY TRANSPORT AND SHIPPING AND SPECIFY THAT THE PROTECTION OF SEA-WATER WITH A VIEW TO PRESERVING VITAL ECOLOGICAL BALANCES IS A PRIORITY TASK ;

WHEREAS THE BARCELONA CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION OF 16 FEBRUARY 1976 PROVIDES INTER ALIA THAT THE NECESSARY MEASURES ARE TO BE TAKEN TO ENSURE COOPERATION IN COMBATING POLLUTION OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES IN CASES OF EMERGENCY ;

WHEREAS ARTICLE 24 OF THE BARCELONA CONVENTION STATES THAT THE CONVENTION AND ITS PROTOCOLS SHALL BE OPEN FOR SIGNING BY THE EUROPEAN ECONOMIC COMMUNITY ; WHEREAS THE LATTER HAS ALREADY CONCLUDED THE CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION AND THE PROTOCOL FOR THE PREVENTION OF THE POLLUTION OF THE MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT ;

WHEREAS THE PROTOCOL CONCERNING COOPERATION IN COMBATING POLLUTION OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES IN CASES OF EMERGENCY PROVIDES FOR THE PARTIES TO COOPERATE IN DRAWING UP EMERGENCY PLANS , PROMOTING METHODS OF CONTROLLING MARINE POLLUTION BY HYDROCARBONS , DISSEMINATING INFORMATION ON THE ORGANIZATION OF RESOURCES AND ON NEW METHODS TO PREVENT AND CONTROL POLLUTION AND DEVELOPING RELEVANT RESEARCH PROGRAMMES ;

WHEREAS IT IS NECESSARY THAT THE COMMUNITY ACCEDE TO THE PROTOCOL IN ACCORDANCE WITH ARTICLE 26 OF THE BARCELONA CONVENTION IF THE COMMON MARKET MACHINERY IS TO BE USED TO ACHIEVE ONE OF THE COMMUNITY'S OBJECTIVES IN THE PROTECTION OF THE ENVIRONMENT AND THE QUALITY OF LIFE ; WHEREAS THE TREATY MAKES NO PROVISION FOR POWERS TO TAKE SUCH ACTION ;

WHEREAS IT IS NECESSARY FOR THE COMMUNITY TO ACCEDE TO THE SAID PROTOCOL , IN ORDER TO TAKE PART IN THE INFORMATION EXCHANGE AND COMMON RESEARCH AND THUS ACHIEVE THE ABOVE OBJECTIVE , ALONGSIDE MEMBER STATES AND WITHOUT PREJUDICE TO THE ROLE HITHERTO PLAYED BY THEM WITHIN THE FRAMEWORK OF THE BARCELONA CONVENTION ; WHEREAS FUTURE COMMUNITY ACTS ARE NOT HEREBY PREJUDICED ;

WHEREAS THE SAID PROTOCOL PROVIDES FOR EXCHANGE OF INFORMATION , COMMON RESEARCH AND COOPERATION AT SEA , WHICH OF THEIR NATURE DO NOT CONSTITUTE COMMON RULES WHICH MIGHT BE AFFECTED BY AGREEMENTS WHICH THE MEMBER STATES MIGHT WISH TO CONCLUDE WITHIN THIS AREA ;

HAS DECIDED AS FOLLOWS :

ARTICLE 1

THE PROTOCOL CONCERNING COOPERATION IN COMBATING POLLUTION OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES IN CASES OF EMERGENCY IS HEREBY APPROVED ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY .

THE TEXT OF THE PROTOCOL IS ANNEXED TO THIS DECISION .

ARTICLE 2

THE PRESIDENT OF THE COUNCIL SHALL DEPOSIT THE INSTRUMENTS OF ACCESSION AS PROVIDED FOR IN ARTICLE 26 OF THE BARCELONA CONVENTION .

DONE AT BRUSSELS , 19 MAY 1981 .

FOR THE COUNCIL

THE PRESIDENT

D . F . VAN DER MEI