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(2020) 434 Re Amendments to the Bonn Agreement. In Information Note Commission Non Legislative Proposal. Commission Proposal Com (2020) 434 re amendments to the Bonn Agreement. Information Note 1. Proposal COM(2020) 434 final. Proposal for a COUNCIL DECISION approving amendments to the Agreement for co- operation in dealing with pollution of the North Sea by oil and other harmful substances (Bonn Agreement) with regard to the extension of its material and geographical scope of application. 2. Date of Commission document 28/08/2020 3. Number of Commission document COM (2020) 434 4. Number of Council document: 2020/0205 (NLE) 5. Dealt with in Brussels by Directorate-General for European Civil Protection and Humanitarian Aid Operations (DG ECHO) 6. Department with primary responsibility Department of Transport 7. Other Departments involved Department of Foreign Affairs, Department of Housing, Planning and Local Government 8. Background to, Short summary and aim of the proposal The Bonn Agreement is a mechanism by which the North Sea States and the European Union work together in combating pollution from maritime disasters and chronic pollution from ships and off-shore installations in the North Sea Area. Ireland acceded to the Agreement in 2010. Contracting Parties implement the Agreement by: keeping their zones of responsibility under surveillance for threats of marine pollution, including coordinating aerial and satellite surveillance; alerting each other to such threats; adopting common operational approaches, so that they can rely on each other to achieve the necessary standards of prevention and clean-up; supporting each other (when asked to do so) in response operations; sharing research and development; carrying out joint exercises. The Agreement provides for a continuation of interoperability with the UK during a shipping crisis post Brexit. The “Marpol amendment” to the Bonn Agreement The Contracting Parties to the Bonn Agreement adopted, at their thirty-first meeting (9 to 11 October 2019) a decision under Article 16 of the Agreement, concerning the extension of the Agreement’s scope to cover surveillance of ship-based air-pollution in respect of the requirements of Annex VI to the Marpol Convention, which is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. The “Marpol amendment” to the Bonn Agreement aims at improving cooperation and coordination between the Contracting Parties in combating unlawful air emissions caused by shipping in order to limit the negative consequences of the combustion of marine fuels with high sulphur or nitrogen content for human health, biodiversity and the entire marine environment. This is to be achieved by amendment of various provisions of the Bonn Agreement (Articles 1, 5, 6 and 15 thereof, as well as the title of the Agreement and the preamble thereto) so as to extend its scope of application to air pollution from ships as regulated under Annex VI to the Marpol Convention. Spain’s Accession to the Bonn Agreement Also at their thirty-first meeting (9 to 11 October 2019), the Contracting Parties to the Bonn Agreement adopted a decision under Article 20 to invite Spain to accede to the Agreement. The accession of Spain necessitates certain technical amendments to Article 2 and the Annex to the Bonn Agreement, including a new definition of the area covered by the Agreement. These technical amendments are set out in the text of the decision of the Contracting Parties. The accession of Spain to the Bonn Agreement is a positive development. The increase in the North Atlantic Basin acreage will give an enhanced focus on the Atlantic Western Approaches whereas traditionally Bonn was heavily tilted towards North Sea concerns. Spain will bring a new partner to the countries on the western side of the Agreement and has a similar pollution response and coast guard structure to Ireland. SASEMAR (IRCG’s Spanish equivalent) have worked closely with the Irish Coast Guard over many decades. Spain brings much needed pollution response resources and expertise to the western side of the Agreement area – it may provide easier access to Ireland for surveillance, pollution response resources, maritime assets and European Maritime Safety Agency contracts and emergency towing vehicles (ETVs) if required. 9. Implications for Ireland There is no reduction to Ireland’s cost as a Contracting Party as a result of Spain’s accession. However, in the case of a major incident, the concept of burden sharing may apply and the accession would have a positive implication in this context. 10. Deadline Set by the Commission for Responses Unknown 11. Contact name, telephone number and e-mail address of official in Department with primary responsibility Micheál O’Toole Irish Coast Guard Department of Transport Leeson Lane Dublin 2 Ireland [email protected] Tel: 6783444 Council of the European Union Brussels, 1 September 2020 (OR. en) 10352/20 Interinstitutional File: 2020/0205 (NLE) PROCIV 53 JAI 659 ENV 472 CLIMA 168 PROPOSAL From: Ms Ilze JUHANSONE, Secretary-General of the European Commission date of receipt: 28 August 2020 To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union No. Cion doc.: COM(2020) 434 final Subject: Proposal for a COUNCIL DECISION approving amendments to the Agreement for co-operation in dealing with pollution of the North Sea by oil and other harmful substances (Bonn Agreement) with regard to the extension of its material and geographical scope of application Delegations will find attached document COM(2020) 434 final. Encl.: COM(2020) 434 final 10352/20 JJ/yt RELEX.2.C EN EUROPEAN COMMISSION Brussels, 28.8.2020 COM(2020) 434 final 2020/0205 (NLE) Proposal for a COUNCIL DECISION approving amendments to the Agreement for co-operation in dealing with pollution of the North Sea by oil and other harmful substances (Bonn Agreement) with regard to the extension of its material and geographical scope of application EN EN EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL • Reasons for and objectives of the proposal The present proposal concerns the decision authorising the Union negotiator (in this case: the Commission) to conclude, on the Union's behalf, the amendments to the Agreement for Co- operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances 1 (Bonn Agreement) with regard to the extension of its material and geographical scope of application, with a view to improving cooperation on surveillance in respect of the requirements of Annex VI to the MARPOL Convention (‘MARPOL amendment’) and in light of the accession of the Kingdom of Spain to the Agreement (‘Spain amendment’). 1.1 THE AGREEMENT FOR CO-OPERATION IN DEALING WITH POLLUTION OF THE NORTH SEA BY OIL AND OTHER HARMFUL SUBSTANCES (THE ‘BONN AGREEMENT’) The Bonn Agreement aims to combat pollution in the North Sea Area and safeguard coastal areas from maritime disasters and chronic pollution from ships and offshore installations. The European Union (then ‘European Economic Community’) is a Contracting Party to the Agreement. North Sea States of the European Union together with Norway are also Contracting Parties to the Agreement. The Agreement seeks to promote active cooperation and mutual assistance among coastal States and the European Union in combating pollution of the North Sea by oil and other harmful substances in order to protect the marine environment and the interests of coastal States. To that effect, the Agreement provides that Contracting Parties carry out surveillance as an aid to detecting and combating pollution and to preventing violations of anti-pollution regulations. The North Sea is divided into different zones where the responsibility for the surveillance and assessment of incidents is assigned to Contracting Parties. Contracting Parties are required to inform any other Contracting Party concerned of their becoming aware of the presence of oil or other harmful substances likely to constitute a serious threat to the coast or related interests of any other Contracting Party. Contracting Parties may require assistance to deal with pollution at sea or on their coasts, in which case the Contracting Parties called upon for help are required to use their best endeavours to bring such assistance as is within their power. The Bonn Agreement was concluded by the European Economic Community by Council Decision 84/358/EEC2. The Bonn Agreement was amended in 1989. Those amendments entered into force on 1 April 1994. The European Economic Community approved those amendments by Council Decision 93/540/EEC3. 1 OJ L 188, 16.7.1984 2 Council Decision 84/358/EEC of 28 June 1984 concerning the conclusion of the Agreement for Co- operation in Dealing with Pollution of the North Sea by Oil and other Harmful Substances (OJ L 188, 16.7.1984, p.7) 3 Council Decision 93/540/EEC 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 (OJ L 263, 22.10.1993, p.51). EN 1 EN Pursuant to Article 16 of the Bonn Agreement, a proposal by a Contracting Party for the amendment of the Bonn 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 is to be communicated by the Depositary Government to the Contracting Parties. Such amendments are to enter into force on the first day of the second month following the date on which the Depositary Government receives notifications of approval from all Contracting Parties. The Depositary of the Bonn Agreement is the Government of the Federal Republic of Germany (Article 18(3) Bonn Agreement). Pursuant to Article 20 of the Bonn Agreement, the Contracting Parties to the Bonn Agreement may unanimously invite any other coastal State of the North East Atlantic area to accede to the Bonn Agreement.
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