COUNCIL DECISION of 18 October 1993 approving certain amendments to the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (Bonn Agreement)

(93/540/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas by Decision 84/358/EEC (4) the Council approved on 28 June 1984 the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances signed in Bonn on 13 September 1983;

Whereas at their first meeting held in Bonn from 19 to 22 September 1989 the Contracting Parties to the Agreement agreed on a number of amendments designed to include in the Agreement provisions concerning pollution surveillance activities, in order to ensure implementation of paragraphs 46 to 50 of the Ministerial Declaration adopted at the Second international conference for the protection of the North Sea held in London on 24 and 25 November 1987;

Whereas the Contracting Parties also decided to amend the demarcation zone of the Skagerrak, as set out in Article 2 (a) of the Agreement;

Whereas the amendments can come into force only when they have been approved by all the Contracting Parties, in accordance with Article 16 (2) of the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The amendments to the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances, (Bonn Agreement) adopted by the Contracting Parties at their first meeting held in Bonn from 19 to 22 September 1989, are hereby approved on behalf of the European Economic Community.

The text of the Decision concerning these amendments is attached to this Decision.

Article 2

The President of the Council shall, on behalf of the European Economic Community, notify the Depositary Government referred to in Article 16 (2) of the Agreement of the adoption of the instrument of approval.

Done at Luxembourg, 18 October 1993.

For the Council

The President

A. BOURGEOIS

(1) OJ No C 114, 5. 5. 1992, p. 13.

(2) OJ No C 42, 15. 2. 1993, p. 36.

(3) OJ No C 287, 4. 11. 1992, p. 1.

(4) OJ No L 188, 16. 7. 1984, p. 7.

DECISION of 22 September 1989 concerning amendments of the agreement

THE CONTRACTING PARTIES to the Agreement for Cooperation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances, done at Bonn on 13 September 1983 (hereinafter referred to as 'the Agreement');

RECALLING Article 1 of the Agreement for Cooperation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances, done at Bonn on 13 September 1983, according to which the Agreement shall apply whenever the presence or the prospective presence of oil or other harmful substances polluting or threatening to pollute the sea within the North Sea presents a grave and imminent danger to the coast or related interests of one or more Contracting Parties;

RECALLING paragraph XVI, subparagraphs 46 to 50 of the Ministerial Declaration of the Second International Conference on the Protection of the North Sea, held in London from 24-25 November 1987;

RECOGNIZING that the Agreement does not contain provisions referring to the use of surveillance as an aid to detecting pollution and to preventing violations of anti-pollution regulations;

DESIRING to extend the scope of the Agreement to such activities;

RECOGNIZING ALSO the need to adjust the southern geographical limit of the Skagerrak as defined in Article 2 of the Agreement;

HAVE AGREED to amend the Agreement as follows:

Article I

Article 1

of the Agreement shall be amended to read as follows:

'This Agreement shall apply:

(1) whenever the presence or the prospective presence of oil or other harmful substances polluting or threatening to pollute the sea within the North Sea area, as defined in Article 2 of this Agreement, presents a grave and imminent danger to the coast or related interests of one or more Contracting Parties and

(2) to surveillance conducted in the North Sea area as an aid to detecting and combating such pollution and to preventing violations of anti-pollution regulations.'

Article II

Article 2

of the Agreement shall be amended to read as follows:

'For the purpose of this Agreement the North Sea area means the North Sea proper southwards of latitude 61° N, together with:

(a) the Skagerrak, the limit of which is determined east of the Skaw by the latitude 57° 44& prime; 43& Prime; N;

(b) the English Channel and its approaches eastwards of a line drawn fifty nautical miles to the west of a line joining the Scilly Isles and Ushant.'

Article III

Article 3

of the Agreement shall be amended to read as follows:

'(1) The Contracting Parties consider that the matters referred to in Article 1 of this Agreement call for active co-operation between them.

(2) The Contracting Parties shall jointly develop and establish guidelines for the practical, operational and technical aspects of joint action and coordinated surveillance as referred to in Article 6A.'

Article IV

Article 4

of the Agreement shall be amended to read as follows:

'Contracting Parties undertake to inform the other Contracting Parties about:

(a) their national organization for dealing with pollution of the kind referred to in Article 1 paragraph 1 of this Agreement, and for enforcing pollution regulations;

(b) the competent authorities responsible for receiving and dispatching reports of such pollution and for dealing with questions concerning measures of mutual assistance and coordinated surveillance between Contracting Parties;

(c) their national means for avoiding or dealing with such pollution, which might be made available for international assistance;

(d) mew ways in which such pollution may be avoided and about new effective measures to deal with it;

(e) major pollution incidents of this kind dealt with;

(f) new developments in the technology of conducting surveillance;

(g) their experience in the use of surveillance means and techniques in the detection of pollution and the prevention of violations of anti-pollution regulations, including use in cooperation with other Contracting Parties;

(h) information of mutual interest derived from their surveillance activities;

(i) their national programmes for surveillance, including cooperative arrangements with other Contracting Parties.'

Article V

A new Article 6A shall be added to the Agreement as follows:

'Surveillance shall be carried out, as appropriate, by the Contracting Parties in their zone of responsibility or zones of joint responsibility referred to in Article 6 of this Agreement. The Contracting Parties may bilaterally or multilaterally conclude agreements on or make arrangements for cooperation in the organization of surveillance in the whole or part of the zones of the Parties concerned.'

Article VI

Article 8

of the Agreement shall be amended to read as follows:

'(1) The provisions this Agreement shall not be interpreted as in any way prejudicing the rights and obligations of the Contracting Parties under international law, especially in the field of the prevention and combating of marine pollution.

(2) In no case shall the division into zones referred to in Article 6 of this Agreement be invoked as a precedent or argument in any matter concerning sovereignty or jurisdiction.

(3) The division into zones referred to in Article 6 of this Agreement shall in no way restrict the rights of Contracting Parties to carry out in accordance with international law surveillance activities beyond the limits of their zones.'

Article VII

Article 9

of the Agreement shall be amended to read as follows:

'(1) In the absence of an agreement concerning the financial arrangements governing actions of Contracting Parties to deal with pollution which might be concluded on a bilateral or multilateral basis or on the occasion of a joint combating operation, Contracting Parties shall bear the costs of their respective actions in dealing with pollution in accordance with subparagraph (a) or subparagraph (b) below:

(a) If the action was taken by one Contracting Party at the express request of another Contracting Party, the Contracting Party requesting such assistance shall reimburse to the assisting Contracting Party the costs of its action;

(b) If the action was taken by a Contracting Party on its own initiative, this Contracting Party shall bear the costs of its action.

(2) The Contracting Party requesting assistance may cancel its request at any time, but in that case it shall bear the costs already incurred or committed by the assisting Contracting Party.

(3) Unless otherwise specified in bilateral or multilateral agreements or arrangements, each Contracting Party shall bear the costs of its surveillance activities carried out in accordance with Article 6A.'

Article VIII

The Contracting Parties shall notify the Depositary Government of their approval of these amendments in accordance with Article 16, paragraph 2 of the Agreement.